The words "used for" include "designed for"
and vice versa; words used in the present tense include the future;
words used in the singular number include the plural number and vice
versa; the word "used" shall include "arranged, designed, constructed,
altered, converted, rented, leased, or intended to be used"; the word
"building" includes the word "structure" and shall also include "out-of-doors
vending machine for the dispensing of goods and/or services"; the
word "dwelling" includes the word "residence"; the word "shall" is
mandatory and not discretionary. In the event of a conflict between
definitions, the stricter definition shall apply. Anything not specifically
included in a definition is assumed to be excluded.
For the purposes of this chapter, certain terms
and words are herein defined as follows:
A structure or use which is subordinate to and serves a principal
building or a principal use, including but not limited to the production,
harvesting, and storage, as well as washing, grading and packaging
of unprocessed produce grown on site; is subordinate in area, extent
and purpose to the principal structure, or principal building or principal
use served; and contributes primarily to the comfort, convenience
or necessity of the occupants, business or industry of the principal
structure or principal use served; and is located on the same lot
as the principal structure or principal use served, except as otherwise
expressly authorized by the provisions of this chapter.
[Amended 9-28-1989 by Ord. No. 223; 5-8-1997 by Ord. No.
213A]
The Municipal Clerk or Zoning Officer of the Borough of Folsom,
unless a different municipal official has been designated by ordinance
or statute.
[Added 6-8-2005 by Ord. No. 13-2005; amended 5-14-2019 by Ord. No.
08-2019]
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An agricultural commercial establishment
may be seasonal or year-round and may or may not be associated directly
with a farm; however, it does not include supermarkets, convenience
stores, restaurants and other establishments which coincidentally
sell agricultural products, nor does it include agricultural production
facilities such as a farm itself, nor facilities which are solely
processing facilities.
[Added 2-23-1989 by Ord. No. 217]
Residential dwellings, for the seasonal use of employees
of an agricultural or horticultural use, which because of their character
or location are not to be used for housekeeping units and which are
otherwise accessory to a principal use of the lot for agriculture.
A facility designed, constructed, and operated for the express
purpose of processing agricultural products grown in the Pinelands,
including washing, grading, and packaging of those products.
An establishment the primary purpose of which is the sale
of goods, commodities, or service that support active farm operations.
See "farm, principal uses."
Any change in the supporting members of a building such as
walls, columns, beams or girders.
An individual or community on-site wastewater treatment system
that has the capability of providing a high level of treatment including
a significant reduction in the level of total nitrogen in the wastewater
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Added 2-13-2003 by Ord.
No. 1-2003; amended 3-12-2019 by Ord. No. 02-2019]
Those animals designated by the Department of Environmental
Protection pursuant to N.J.S.A. 23:2A-l et seq.
The surface from which wireless radio signals are sent and
received by a local communications facility.
[Added 11-13-2003 by Ord. No. 05-2003]
Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Borough, except as provided in § 200-66.
[Amended 2-23-1989 by Ord. No. 217]
Any board, body or other authority within the Borough with
authority to approve or disapprove subdivisions, site plans, construction
permits or other applications for development approval.
A sign, other than a sign which advertises an agricultural
commercial establishment, which directs attention to a business, commodity,
service or entertainment.
[Amended 2-23-1989 by Ord. No. 217]
Any structure having a roof supported by columns, post or
walls and intended for the shelter, housing or enclosing of persons,
animals or property and including tents and lunch wagons.
The square footage or other area measurement by which all
buildings occupy a lot as measured on a horizontal plane around the
periphery of the foundation and including the area under the roof
of any structure supported by columns, but not having walls, as measured
around the outside of the outermost extremities of the roof above
the columns.
The vertical distance measured from the average elevation
of the finished grade along the front of the building to the mean
elevation of the roof surface.
A portable structure, which is self-propelled or mounted
on or towed by another vehicle, designed and used for temporary living
for travel, recreation, vacation, or other short-term uses. "Camper"
does not include mobile homes or trailers.
[Added 2-23-1989 by Ord. No. 217]
A place used or suitable for camping on which temporary shelter
such as a tent or camper may be placed and occupied on a temporary
and seasonal basis.
[Amended 2-23-1989 by Ord. No. 217]
An attached or detached accessory building designed for the
storage of motor vehicles and constructed primarily as an open building
with only a roof and the necessary supporting columns, and of an area
not to exceed 200 square feet.
See § 200-51, Historic resource preservation.
A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.34 that a complete application for development
has been filed.
The use of a single tower on the ground by more than one
provider and/or the installation of several local communications facilities
on an existing building or structure by more than one provider.
[Added 11-13-2003 by Ord. No. 05-2003]
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act.[1]
The plan adopted by the Commission pursuant to Section 7
of the Pinelands Protection Act, as amended.[2]
Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit; provided that separation
by lot line, streams, dedicated public roads which are not paved,
rights-of-way, and easements shall not affect the contiguity of land
unless a substantial physical barrier is created which prevents the
land from being used as a functional unit.
[Amended 4-8-1993 by Ord. No. 244]
The average number of housing units per unit of land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill; and any use or change in the use
of any building or structure or land or extension of land. Development
shall also include the commencement of any resource extraction, drilling,
excavation or forestry activities on a parcel of land.
[Amended 6-8-2005 by Ord. No. 13-2005]
Any approval to develop which is granted by an approval agency,
including appeals to the governing body, except certificates of occupancy
and variances pursuant to N.J.S.A. 40:55D-70, which do not otherwise
include issuance of a construction permit, subdivision or site plan
approval.[3]
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff to minimize
erosion and sedimentation during or after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
Any structure or portion thereof which is designed or used
for residential purposes.
A building occupied or intended to be occupied exclusively
for residence purposes by one family or one housekeeping unit.
A building or part thereof having cooking and sanitary facilities
for one family.
All electric lines other than electric transmission lines.
Electric lines, which are part of an electric company's transmission
and subtransmission system, which provide a direct connection between
a generating station or substation of the utility company and another
substation of the utility company; a substation of or interconnection
point with another interconnecting utility company; a substation of
a high-load customer of the utility.
An enclosed structure, cabinet, shed or box at the base of
the local communications facility within which are housed batteries
and electrical equipment.
[Added 11-13-2003 by Ord. No. 05-2003]
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
One or more persons customarily living together as a single
housekeeping unit, whether or not related to each other by birth or
marriage, as distinguished from a group occupying a boardinghouse,
lodging house, hotel or motel.
Buildings incidental to farms such as tenant houses, greenhouses,
buildings for housing seasonal workers for the farm's own use, barns,
packing, grading and storage buildings limited to produce raised on
the premises but not processing operations, buildings for keeping
of poultry and permitted livestock and garages for the keeping of
equipment and trucks used in farm operations.
Any production of plants or animals useful to man, including
but not limited to forages or sod crops; grains and feed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, horses, ponies, mules or goats, and
including the breeding and grazing of any or all such animals; bees
and apiary products; fur animals; trees and forest products; fruits
of all kinds, including grapes, nuts and berries; vegetables; nursery,
floral, ornamental and greenhouse products; or any land devoted to
and meeting the requirements and qualifications for payments or other
compensation pursuant to a soil conservation program under an agency
of the federal government, except that hogs, swine and commercial
piggeries are prohibited.
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate areas of lands.
Included in this definition are walls.
[Added 12-14-1995 by Ord. No. 265]
The changing of the characteristics and interactions of fish
and wildlife population and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
The generally flat terrain adjacent to streams, ponds, lakes
and swamps as shown on the Flood Insurance Maps published by the Department
of HUD and on the adopted Official Map, Master Plan or this chapter.
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Amended 5-8-1997 by Ord.
No. 213A; 12-10-2019 by Ord. No. 07-2019]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
A detached accessory building or portion of a principal building
for the parking or temporary storage of automobiles of the occupants
of the main building to which the garage is accessory.
A building or part thereof, other than a private garage used
for the storage, care or repair of motor vehicles customarily used
for private transportation, local school buses, commercial vehicles,
farm equipment and farm vehicles.
The area measured by using the outside dimension of the building,
excluding the area of the garage, attic, open porch or patio. Only
those floor areas which have a ceiling height of seven feet, six inches
or more and those areas used for storage space in nonresidential uses
shall be included in the gross floor area. The gross floor area of
a townhouse, apartment or other attached structure shall be measured
from the center of interior walls and the outside of exterior walls.
Any room except those used for kitchen, bath or utility purposes.
The natural environment of an individual animal or plant,
population or community.
The vertical distance of a building measured from grade to
the highest point of the roof for flat roofs, to the deckline for
mansard roofs and to the mean height between eaves and ridge for gable,
hip and gambrel roofs. For structures, the vertical distance measures
from grade to its highest point; provided, however, that no height
limitation in this chapter shall apply to any of the following structures,
if such structures are compatible with uses in the immediate vicinity:
antennas which do not exceed a height of 200 feet and which are accessory
to an otherwise permitted use, silos, barns and other agricultural
structures, church spires, cupolas, domes, monuments, water towers,
fire observation towers, electric transmission lines and supporting
structures, windmills, smokestacks, derricks, conveyors, flagpoles
and masts, or aerials, solar energy facilities, chimneys and similar
structures to be placed above the roof level and not intended for
human occupancy. In addition, no height limitation in this chapter
shall apply to the antenna and any supporting structure of a local
communication facility of greater than 35 feet, provided that the
standards set forth in N.J.A.C. 7:50-5.4(c) are met.
[Amended 5-8-1997 by Ord. No. 213A]
Any site, building, area, district, structure, or object
important in American history, or prehistory, architecture, archaeology
and culture at the national, state, county, local or regional level.
[Amended 5-8-1997 by Ord. No. 213A]
A business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which use is incidental and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building. "Home occupations" are subject to the regulations set forth in § 200-40 of this chapter.
[Amended 5-20-2004 by Ord. No. 9-2004]
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 5-8-1997 by Ord. No. 213A; 3-12-2019 by Ord. No. 02-2019]
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces, typically having a maximum permeability
for water of 10-7 cm/second at the maximum
anticipated hydrostatic pressure. The term "impermeable" is equivalent
in meaning.
[Amended 12-10-2019 by Ord. No. 07-2019]
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0. Such surfaces may have varying degrees of
permeability.
[Added 12-10-2019 by Ord.
No. 07-2019]
Any land used for the following public or private purposes:
educational facilities, including universities, colleges, elementary
and secondary and vocational schools, kindergartens and nurseries;
cultural facilities such as libraries, galleries, museums, concert
halls, theaters and the like; hospitals, including such educational,
clinical, research and convalescent facilities as are integral to
the operation of the hospital; medical and health service facilities,
including nursing homes, supervised residential institutions, rehabilitation
therapy centers and public health facilities; law enforcement facilities,
military facilities, churches, cemeteries, public office buildings;
and other similar facilities.
Any person whose right to use, acquire or enjoy property
is or may be affected by any action taken under this chapter or whose
right to use, acquire or enjoy property under this chapter or under
any other law of this state or of the United States has been denied,
violated or infringed upon by an action or failure to act under this
chapter.
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act[4] to govern the review of applications from the adoption
of the regulation until the Pinelands Comprehensive Management Plan
took effect on January 14, 1981. These regulations were formerly codified
as N.J.A.C. 7:1G-l et seq.
Includes the surface and subsurface of the earth as well
as improvements and fixtures on, above, or below the surface and any
water found thereon.
A freestanding tower with multiple legs and cross-bracing
of structural steel.
[Added 11-13-2003 by Ord. No. 05-2003]
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
An antenna and any support structure, together with any accessory
facilities, which complies with the standards contained in the Pinelands
Comprehensive Management Plan (N.J.A.C. 7:50-5.4) and which is intended
to serve a limited, localized audience through point-to-point communication,
including but not limited to cellular telephone service, personal
communications systems, paging systems and dispatch communications.
It does not include radio or television broadcasting facilities or
microwave transmitters.
[Added 5-8-1997 by Ord. No. 213A; 11-13-2003 by Ord. No.
05-2003]
A piece or parcel of land abutting on a street whose area,
in addition to the parts thereof occupied or which may be hereafter
occupied by a principal building and its accessory buildings, is sufficient
to provide the yard space required in this chapter and conforming
to minimum area requirements of this chapter.
The area contained within the lot lines of a lot, including
any portion of a street right-of-way.
A lot on the junction of and abutting on two or more intersecting
streets when the interior angle of intersection does not exceed 135°.
On a corner lot, the owner shall have the privilege of selecting any
abutting street line as the front line, provided such designation
is clearly shown on the building plans filed with and approved by
the Borough Construction Official. However, each side of a corner
lot abutting on a street line shall meet the minimum requirements
for lot width at the street line as set forth for the specific district
involved in the Schedule of Limitations.[5]
The minimum horizontal distance between the front and rear
lot lines.
The horizontal distance between side lot lines measured along
the street line. The minimum lot frontage shall be the same as the
lot width except that, on curved alignments with an outside radius
of less than 500 feet, the minimum distance between the side lot lines
measured at the street line shall not be less than 75% of the required
minimum lot width. In the case of a corner lot, either street frontage
which meets the minimum frontage required for that district may be
considered the lot frontage.
A lot other than a corner lot.
The legal boundaries of a lot as determined on the tax maps
or in the records of the Borough Engineer of the Borough of Folsom.
The horizontal distance between the side lot lines at the
setback line, measured at right angles to its depth.
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy, and which can be transported after fabrication
to a site where it is to be occupied.
[Added 2-23-1989 by Ord. No. 217]
A type of freestanding tower with a single shaft of wood,
steel or concrete and a platform (or racks) for antennas arrayed at
the top.
[Added 11-13-2003 by Ord. No. 05-2003]
A building or group of buildings which:
Water capable of being traversed by pleasure craft.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
[Amended 5-20-2004 by Ord. No. 9-2004]
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
[Amended 5-20-2004 by Ord. No. 9-2004]
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
[Amended 5-20-2004 by Ord. No. 9-2004]
Any part of a lot, with a building, which is unbuild upon
and intended to meet the side, rear or front space requirements of
this chapter, or an open area of potential developable use as a park,
recreational, commercial, residential or industrial use.
Any quantity of land, consisting of one or more lots, that
is capable of being described with such definiteness that its location
and boundaries may be established.
[Amended 5-8-1997 by Ord. No. 213A]
An open area, other than street, for the same uses as a private
garage.
An open area, other than street or other public way, used
for the parking of automobiles and available to the public whether
for a fee, free, or as an accommodation for clients or customers.
Any use of the land as permitted according to this chapter.
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
That area designated as such by Section 10(a) of the Pinelands
Protection Act,[7] including the entirety of Folsom Borough.
A use right allocated to certain lands within the Borough
pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential
density bonus in regional growth areas located in other Pinelands
Area municipalities.
The agency responsible from February 8, 1979, until June
28, 1979, for the review of and action on applications for development
in the Pinelands Area which required approvals of other state agencies,
except where the Pinelands Commission acted on applications during
that time period.
N.J.S.A. 13:18A-1 to 13:18A-29, as amended.
Any use which is based on resources which are indigenous
to the Pinelands, including but not limited to forest products, berry
agriculture and sand, gravel, clay or ilmenite.
A Pinelands plant species whose survival worldwide, nationwide
or in the state is in jeopardy.
The main purpose for which a lot or building is used.
A company that provides wireless services via a local communications
facility.
[Added 11-13-2003 by Ord. No. 05-2003]
Development, including subdivision, by any municipality or
other governmental agency.
Sewer service, gas, electricity, water, telephone, cable
television, and other public utilities developed linearly, roads and
streets and other similar services provided or maintained by any public
or private agency.
Sewer service, gas, electricity, water, telephone, television,
roads, streets and similar services provided or maintained by any
public or private entity.
[Added 9-26-1989 by Ord. No. 223]
The management program which employs the most efficient use
of available technology, natural, human and economic resources.
The largest tree of a particular species in New Jersey based
on its circumference at 4.5 feet above ground level. A listing of
the largest known tree of each species and its location is maintained
at the principal offices of the Commission.
[Added 5-8-1997 by Ord. No. 213A]
Any recreational facility which is not a low-intensive recreational
facility, including but not limited to golf courses, marinas, amusement
parks, hotels and motels.
A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low-intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.
[Amended 5-8-1997 by Ord. No. 213A]
A plan, prepared for review by the Soil Conservation District,
which details the proposed use of agricultural recommended management
practices.
The dredging, digging, extraction, mining and quarrying of
sand, gravel, clay or ilmenite for commercial purposes, not including,
however, the private or agricultural extraction and use of extracted
material by a landowner.
A plan, prepared in accordance with the United States Department
of Agriculture, Natural Resources Conservation Service New Jersey
Field Office Technical Guide, dated June 2005. Such plans shall prescribe
needed land treatment and related conservation and natural resources
management measures, including forest management practices, for the
conservation, protection and development of natural resources, the
maintenance and enhancement of agricultural or horticultural productivity,
and the control and prevention of nonpoint source pollution; and establish
criteria for resource sustainability of soil, water, air, plants and
animals.
[Added 12-10-2019 by Ord.
No. 07-2019]
Any establishment, however designated, at which food is sold
for consumption on the premises. However, a snack bar or refreshment
stand at a public community swimming pool, playground, playfield or
park, operated solely by the agency or group operating the recreational
facility, and for the convenience of patrons of the facility, shall
not be deemed to be a restaurant.
Any restaurant, refreshment stand, snack bar, dairy bar,
hamburger stand or hot dog stand where food is served primarily for
consumption at counters, stools or bars outside the building or primarily
for consumption in automobiles parked on the premises whether brought
to said automobiles by the customer or by employees of the restaurant,
regardless of whether or not additional seats or other accommodations
are provided for customers inside the building. All such drive-in
restaurants and refreshment stands are specifically prohibited in
all districts.
A private institution for rest and recuperation within which
elderly infirm or ill persons may receive medical diagnosis and treatment
as well as meals and lodging.
The land and space required on the surface, subsurface and
overhead for the construction and installation of materials and necessary
to provide passageway for vehicular traffic, pedestrians, utility
lines, poles and conduits and mains, signs, hydrants, trees and shrubbery
and the proper amount of light and air as established by local authorities.
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
A line drawn through the point of a building nearest to the
street or lot line from which the setback line is measured and lying
parallel thereto. The term "required setback" means a line beyond
which a building is not permitted to extend under the provisions of
this chapter establishing minimum depths and width of yards.
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, designs, symbols, fixtures,
colors, illumination or projected images. Signs do not include the
flag or emblem of any nation, organization of nations, state or city,
or any fraternal, religious or civic organizations; merchandise, pictures
or models of products or services incorporated in a window display;
works of art which in no way identify a product; or scoreboards located
on athletic fields.
The examination of the specific development plans for a lot.
Where the term "site plan approval" is used in this chapter, it shall
be understood to mean a requirement that the site plan be reviewed
and approved by the Planning Board.[8]
A solar energy system and all associated components, including,
but not limited to, panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function.
[Added 3-12-2019 by Ord.
No. 02-2019]
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
A combination of materials to form a construction for occupancy,
use or ornamentation having a fixed location on, above or below the
surface of land or attached to something having a fixed location on,
above or below the surface of land.
The division of a lot, tract or parcel of land into two of
more lots, parcels, tracts or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter. If no new streets are created: 1) divisions
of land found by the Planning Board to be for agricultural purposes
where all resulting parcels are five acres or larger in size; 2) divisions
of property by testamentary or in estate provisions; 3) divisions
of property.
[Added 9-28-1989 by Ord. No. 223; amended 6-8-2005 by Ord. No. 13-2005]
The specific purpose for which a parcel of land or a building
or portion of a building is designed, arranged, intended, occupied,
or maintained. The portion "permitted use" or its equivalent shall
not be deemed to include any nonconforming use.
Lines, conduits or pipes located in a street, road, alley
or basement through which natural gas, electricity, telephone, cable
television, water, sewage, or stormwater discharge is distributed
to or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
[Amended 5-8-1997 by Ord. No. 213A]
A departure from the terms of this chapter authorized by
the Planning Board, in accordance with N.J.S.A. 40:55D-1 et seq.
A place of business used solely for the storage and/or trans-shipment
of goods with no provision for retail or wholesale selling activity
on premises.
Those lands which are inundated or saturated by water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes. Wetlands include lands with poorly drained or very
poorly drained soils as designated by the National Cooperative Soils
Survey of the Soil Conservation Service of the United States Department
of Agriculture, and further defined in N.J.A.C. 7:50-6.3 through 7:50-6.5.
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United States Department of
Agriculture, including but not limited to Atsion, Bayboro, Berryland,
Colemantown, Elkton, Keansbury, Leon, Buck, Othello, Pocomoke, St.
Johns and Freshwater Marsh and Tidal Marsh Soil types.
A place of business devoted to selling merchandise to retailers,
industrial, commercial, institutional, farm or professional users,
or other wholesalers or firms who act as agents or brokers in buying
merchandise for, or selling merchandise to, such firms or persons.
An open space extending across the full width of the lot,
the depth of which is the minimum horizontal distance between the
nearest point on the street line and the nearest part of a principal
or accessory building.
An open space extending the full width of the lot between
the main building and the rear lot line. The depth of the required
rear yard shall be measured horizontally from the nearest part of
the main building toward the nearest point of the rear lot line.
An open space extending from the front yard to the rear yard
between the main building and the side lot line. The width of the
required side yard shall be measured horizontally from the nearest
point on the side lot line toward the nearest part of the main building.
[1]
Editor's Note: See N.J.S.A. 13:18A-5.
[2]
Editor's Note: See N.J.S.A. 13:18A-7.
[3]
Editor's Note: The definitions for “development,
major” and “development, minor,” which followed
this definition, were repealed 6-8-2005 by Ord. No. 13-2005.
[4]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
[5]
Editor's Note: The Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations) is included at the end of this chapter.
[7]
Editor's Note: See N.J.S.A. 13:18A-11a.
[8]
Editor's Note: Amended 5-20-2004 by Ord.No.
9-2004. The definitions of "specimen tree" and "standard subsurface
sewage disposal system," which immediately followed this definition,
were repealed 5-8-1997 by Ord. No. 213A.
