The word "shall" is always used in its mandatory and
not its permissive sense. The words "zone" and "district" are synonymous,
and the words "building" and "structure" are synonymous. The word
"used" shall include the words "arranged, designed, or intended to
be used."
ABANDONMENT
The relinquishment of property, or a cessation of the use
of the property, by the owner, or lessee for reasons other than an
act of God, without the intention of transferring property rights
to another owner or lessee or resuming a use of the property. Abandonment
shall require the cessation of the use for a minimum of 12 consecutive
months.
ACCESSORY USE OR STRUCTURE
A use or detached structure which is customarily subordinate
and incidental to the principal use of the property or building in
area, extent or purpose, and which contributes to the comfort, convenience
or necessity of the occupants, business, or industry in the principal
structure or use served.
ALTERATION OF A STRUCTURE
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors or windows,
or any addition to or diminution of a structure, whether horizontally
or vertically, or the moving of a structure from one location to another.
ANCHOR STORE
The largest retail establishment(s) in a mixed use shopping
center that draws customers and thereby generates business for the
remaining stores/uses in the center.
APARTMENT UNIT
One or more dwelling rooms with private bath and kitchen
facilities, comprising an independent self-contained dwelling unit
in a larger building. Each apartment unit is a single housekeeping
unit with an entrance separate from other apartment units.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form, fee and all accompanying documents,
plats or plans required by ordinance for approval of a subdivision
plat, site plan, conditional use, zoning variance or direction of
the issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or
N.J.S.A. 40:55D-36.
APPROVING AUTHORITY
The Planning Board or other agency of this Borough pursuant to Article
VII of this chapter.
[Amended 12-10-2002 by Ord. No. 02-28]
ATTIC
The open, nonhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building. Habitable
and nonhabitable space is determined through use of BOCA floor-to-ceiling
height regulations.
AUTOMOBILE SERVICE STATION
Any building, land area or other premises or portion thereof,
used or intended to be used principally for the retail dispersing
or sales of vehicle fuels, directly to the motor vehicle.
AUTOMOBILE REPAIR FACILITIES
(1)
Minor: repair of automobiles not normally involving
or requiring overnight storage or long-term repair.
(2)
Major: repair of automobiles involving fender
and/or body repair, suspension and/or chassis repair, or transmission
or motor rebuilding or overhaul, or other services typically requiring
overnight storage or long-term repair.
AUTOMOBILE WASHING ESTABLISHMENT
A structure or premises containing facilities for washing
automobiles using a chain conveyor or other method of moving autos
along, and automatic or semiautomatic application of cleaner, brushes,
rinse water and heat for drying. An establishment in which the auto
remains stationary inside a structure and is washed by machine or
hand is considered an automobile washing establishment within this
definition.
BASEMENT
An interior space, or a portion of an interior space, having
one-half or more of its floor-to-ceiling height above the average
finished grade of the outside elevation of the ground at the foundation
wall of the structure in which it is contained, and with a floor-to-ceiling
height of not less than six feet.
BOARDER
An individual, other than a member of the resident family, who occupies a dwelling unit, or part thereof, as furnished sleeping accommodations and who perhaps shares food preparation and/or cooking privileges as a single family housekeeping unit in return for a consideration. Boarding is regulated in Article
VIII of this chapter.
BOROUGH ENGINEER
As used in this chapter, the term "Borough Engineer" shall
mean, with respect to all applications before the Planning Board,
the Board Engineer, that is, the engineer appointed by the Planning
Board. “Borough Engineer” shall also mean the Board Engineer
with respect to all on-site inspections and approvals of projects
which have been approved by the Planning Board. “Borough Engineer”
shall mean the Municipal Engineer pursuant to N.J.S.A. 40A:9-140 with
respect to any inspection and approval of any off-site improvements,
including, but not limited to, improvements in the public right-of-way,
or any other duties of the Municipal Engineer as prescribed by the
New Jersey Statutes.
[Added 10-27-2015 by Ord.
No. 15-20]
BUILDING COVERAGE
The ratio of the horizontal area measured from the exterior
surface of the exterior walls of the ground floor of all principal
and accessory structures on a lot to the total lot area.
(1)
More than four feet above the average finished grade elevation
(as defined in the definition of "existing grade level)"; or,
(2)
More than four feet above the finished grade for 50% or more
of the total building perimeter; or
(3)
More than 10 feet above the finished ground level at any point.
BUILDING OR STRUCTURE STORY
That portion of a building or structure included between
the surface of any one floor and the surface of the next floor above
it; or, if there is no floor above such floor, then “story”
shall be that portion of the building or structure included between
the surface of any floor and the ceiling next above it. A basement
or garage shall be considered as a story where the finished surface
of the floor above the basement or garage is:
[Added 5-27-2021 by Ord.
No. 21-06]
(1)
More than four feet above the average finished grade elevation
(as defined in the definition of "existing grade level"); or
(2)
More than four feet above the finished grade for 50% or more
of the total building perimeter; or
(3)
More than 10 feet above the finished ground level at any
point.
BUSINESS SERVICES
Establishments primarily engaged in providing services to
business establishments on a fee or contract basis.
CELLAR
An interior space, or portion thereof, having less than one-half
of its floor-to-ceiling height above the average finished grade of
the ground at the foundation wall of the structure in which it is
located, and with a floor-to-ceiling height of less than six feet.
Cellars cannot be utilized as a dwelling unit.
CHANGE OF USE
Any use which is substantially different from the previous
use of a structure or land. A use is substantially different if it
is outside of the group number classification of the previous use
as set forth in the Standard Industrial Classification manual. A change
in use is also defined as any substantial change in the quality, character
and intensity of a use when viewed in its totality and in regard to
an overall effect on a neighborhood and zone plan.
CHILD CARE CENTER
A principal use, or an accessory use within a business facility,
which requires a license from the Department of Human Services pursuant
to N.J.S.A. 30:5b-1 et seq. in which child care services are provided
for six or more children on a daily basis. The floor area occupied
in any structure as a child care center is excluded in calculating
any parking requirement otherwise applicable to that number of units
or amount of floor space, and the permitted density allowable for
that structure under the Borough Zoning Ordinance.
CONDITIONAL USE
A use permitted, in accordance with Article
VIII of this chapter, in a particular zoning district only upon the showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this Zoning Ordinance and authorized by the Planning Board.
DENSITY
The permitted number of dwelling units per gross area of
land developed or to be developed.
DISTRICT
Any zone or geographic area within the Borough of Garwood
within which uniform regulations apply under the provisions of this
chapter.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse, for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter
1 of Title 58 of the Revised Statutes.
DWELLING UNIT
(1)
A unit comprised of one or more rooms, designed,
occupied, or intended for occupancy as separate living quarters with
cooking, sleeping, and sanitary facilities provided within the unit
for the exclusive use of a single housekeeping unit.
(2)
A housing situation where an occupant of a single
housekeeping unit is related by blood, marriage or adoption to the
property owner and has private living, bath and sleeping quarters,
but shares food preparation facilities within the single-family residence
is considered a single housekeeping unit within the context of this
definition. The use of more than 25% of the habitable dwelling unit
for private living quarters, the existence of permanent separation
elements between the two living areas, separate food preparation areas,
separate utility meters, or use of the private living area by a nonrelated
person(s) as defined above, constitutes the creation of a second dwelling
unit in the structure for which proper approval must be sought from
an approving authority.
EASEMENT
A grant of one or more of the property rights by the property
owner to and/or for the use by the public, a corporation or another
person or entity which is established in a duly recorded deed or filed
map.
EATING AND DRINKING ESTABLISHMENT
(1)
Retail establishment which has as its principal
use the selling of food and drink for consumption in a structure on
the premises, including standard table/counter and self service restaurants
selling prepared food for immediate consumption. All such establishments
shall have chairs, tables and/or counters at which the patrons sit
and eat. Establishments which have as their principal means of sales
the ordering of food at a window through which the food is passed
from inside to outside, or which have takeout or curb service as their
principal means of sales are considered eating and drinking establishments.
Any food serving establishment with more than 16 seats is considered
an eating and drinking establishment. A change of use occurs between
a restaurant and a tavern when the square footage of space dedicated
principally to the serving and/or consumption of liquor constitutes
or is increased to where that space constitutes 50% or more of the
patron area, or where more than 66% of gross sales is in liquor.
(2)
Standard table/counter restaurant. Eating and
drinking establishment where patrons are seated, an order is placed,
and the order is brought to the table or counter.
(3)
Self service restaurant. Eating and drinking
establishment where an order is placed at a counter by the patron
and is brought to a table or counter by the patron.
(4)
Tavern. An establishment where the serving of
liquor by the drink to the general public is the principal use and
the serving of food or the sale of packaged liquors, if any, are accessory
to the principal use. All such establishments shall conform to all
Alcoholic Beverage Control Regulations of the State of New Jersey
and the Borough of Garwood.
ELEMENTARY SCHOOL
Any structure or part thereof which is designed, constructed
or used for education or instruction in any branch of knowledge and
is licensed by the state as meeting the state requirements for elementary
education.
EMERGENCY MEDICAL CARE PHYSICALITY
An establishment where patients are principally admitted
for physical examination and treatment of physical illness or injury
by one or more physicians on an emergency basis and which may have
extended hours (subject to approval by the approving authority) in
order to provide services during off peak and holiday periods when
the majority of physicians' offices are closed.
EXISTING GRADE LEVEL
The average existing elevation measured within a proposed
structure foot print (when no existing structure exists) or measured
10 feet from the exterior walls of an existing structure. The designer
of the new structure must measure the elevation of the existing grade
midpoint on all four sides of the structure; such measurement must
be made within 10 feet of the existing structure. The designer must
average the four elevations to establish an existing grade. This must
be utilized when measuring building heights.
[Added 5-27-2021 by Ord.
No. 21-06]
FAMILY
Any number of individuals occupying a dwelling unit and living
privately together as a single housekeeping unit. The number of individuals
comprising one "family" is limited to the number of bedrooms, bathrooms
and available square footage in the dwelling unit occupied in accordance
with BOCA standards regarding floor area allowances per occupant.
Nothing herein contained shall be construed to prevent the placement
of foster children by the New Jersey Board of Child Welfare, or a
duly incorporated child welfare agency, within a single housekeeping
unit. Nor shall anything herein contained be construed to prevent
the placement of group homes as defined by the Department of Community
Affairs in zones which permit single housekeeping units.
FENCE
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
FINAL APPROVAL
The last official action of an approving authority taken
on an application which has been given preliminary approval after
plans and documents have been submitted and found to be in compliance
with all requirements and conditions of preliminary approval and all
required guarantees have been posted to guarantee the plan's appropriate
completion.
FLOOR AREA
The aggregate area of all floors in a building or structure,
enclosed by an exterior wall, excluding, however, open porches, breezeways,
balconies, or any space where the floor-to-ceiling height is less
than six feet.
FLOOR AREA, HABITABLE
The area of all floors computed by measuring the dimensions
of the outside walls in a building, excluding attic and cellar floors,
porches, patios, terraces or breezeways, carports, verandas and garages.
[Added 7-27-2004 by Ord. No. 04-11]
FLOOR AREA RATIO
The ratio of the habitable floor area of a structure to the
area of the lot.
[Added 7-27-2004 by Ord. No. 04-11]
GARAGE, PRIVATE
A detached accessory structure, or a portion of a principal
structure, used principally for the storage of motor vehicles owned
or used by the occupant(s) of the principal structure to which the
garage is accessory and which is not a separate commercial enterprise
available for free or fee to the general public.
GARAGE, PUBLIC
Any structure, or portion thereof, used primarily for the
temporary parking, not storage, of motor vehicles and available to
the general public.
GOVERNMENTAL USE
Any use that Borough Council, or the county, state or federal
governments determine to be a governmental use.
HEALTH CLUB
An establishment that is open to members and their guests
that provides facilities for aerobic exercises, running and jogging,
exercise equipment, game courts, swimming facilities, saunas, showers,
massage rooms, lockers, and instructional programs and may include,
as an ancillary use, eating facilities and shops selling a variety
of sports equipment and clothing.
[Added 7-12-2011 by Ord. No. 11-06]
HEIGHT OF STRUCTURE
Unless specifically provided otherwise in this chapter, the
vertical distance from the highest point of the roof of the building
or structure, excluding (if the structure is a utility structure)
such features as a tower or antenna, to the average existing surrounding
the structure. To measure the existing grade, it must be measured
on all four sides within 10 feet of the structure using the existing
grade. The designer must use the average of all four elevations when
determining the existing grade.
[Added 5-27-2021 by Ord.
No. 21-06]
HOME OCCUPATION
An activity carried out for gain by a resident conducted
as an accessory use in the resident's dwelling unit.
HOUSES OF WORSHIP
A structure, or groups of structures, which by design and
construction are primarily intended for the conducting of organized
religious services and accessory uses associated therewith. All houses
of worship shall be limited to fully incorporated nonprofit religious
corporations holding tax exempt status, proof of which must be filed
with any application under these regulations.
HOUSING FOR LOW INCOME
Housing that is economically feasible for families whose
income level is categorized as low within the standards promulgated
by the United States Department of Housing and Urban Development or
the New Jersey State Council on Affordable Housing (COAH).
HOUSING FOR MODERATE INCOME
Housing that is economically feasible for families whose
income level is categorized as moderate within the standards promulgated
by the United States Department of Housing and Urban Development or
the New Jersey State Council on Affordable Housing (COAH).
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer
of material that is highly resistant to infiltration by water.
[Added 7-27-2004 by Ord. No. 04-11]
INSTITUTIONAL USES
A nonprofit or quasi-public use such as a house of worship,
library, public or private school, emergency medical services or municipally
owned or operated structure or land used for public purpose. Full
service hospitals, and such uses as out-patient medical clinics, drug
rehabilitation clinics and the like are not institutional uses within
the scope of this definition.
LOT OF RECORD
A lot which exists as shown or described on a plat or deed
in properly recorded records of the county registry of deeds.
LOT/ZONE LOT
A parcel of land, the location, dimensions and boundaries
of which are established by a plat or otherwise as permitted by law
and set forth on the current Borough Tax Map, to be used, developed
or built upon as a unit. Such a lot may consist of a single lot of
record, or a combination of lots of records.
(1)
LOT AREAThe computed total area contained within the lot lines of a lot, excluding any street right-of-way.
(2)
CORNER LOTA lot at the junction of, and having frontage on, two or more intersecting rights-of-way or a lot bounded on two or more sides by the same 2,135º. The greater dimension of a corner lot is its depth, and its lesser dimension is its width. The side of a corner lot having the least amount of street frontage shall be the front of the lot.
(3)
LOT DEPTHThe mean distance between the front and rear property lines of a lot. If these lot lines are not parallel, the average of such depths taken at ten-foot intervals and perpendicular to the front lot line throughout the depth of the lot shall constitute the lot depth.
(4)
LOT FRONTAGEThe distance between two sidelines of any lot measured along the abutting right-of-way line. In the case of a lot running through from one street to another said lot shall be construed as having frontage on both streets.
(5)
LOT WIDTHThe distance between the two side lot lines of a lot. If a lot shall not have parallel sidelines, the average of such widths taken at twenty-foot intervals and parallel with the front lot line throughout the depth of the lot shall constitute the lot width.
LOT LINES
The property lines of record bounding a lot from another
lot or public space.
(2)
LOT LINE, REARThe lot line opposite and most distant from the front lot line and which is utilized in the measurement of lot depth.
MAINTENANCE GUARANTEE
Security accepted by the Borough for the maintenance of any
improvements required by this chapter, including, but not limited
to surety bonds, letters of credit under the circumstances specified
in N.J.S.A. 40:55D-53.5, and cash.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
MIXED USE EATING AND DRINKING ESTABLISHMENT
An eating and drinking establishment that incorporates multiple
uses, such as one or more restaurants combined with one or more bars,
cocktail lounges, banquet facilities or catering facilities.
MIXED USE DEVELOPMENT
A development of a tract of land with structures with a variety
of complementary and integrated uses such as, but not limited to,
retail, service businesses, and office uses. Such developments may
include an anchor use or uses, shared parking, and consolidated traffic
measures to reduce off-site conflicts.
MUNICIPAL USE
Any use by the Borough of Garwood of any property owned or
leased by it.
NONCONFORMING LOT, STRUCTURE OR USE
Any structure, lot, or use which was being lawfully exercised
at the time of the adoption, revision or amendment of this chapter,
or any preceding ordinance, but which fails by reason of this adoption,
revision or amendment to conform to the requirements as newly set
forth and described in this chapter.
OCCUPANCY OR OCCUPIED
The residing of an individual or individuals overnight in
a dwelling unit, or the installation, storage or use of equipment,
merchandise or machinery, in any public, commercial or industrial
building.
OCCUPANCY PERMIT
A required permit allowing occupancy of a structure after
it has been determined that the structure meets all the requirements
of all applicable ordinances.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
that conclusively shows the location and width of proposed streets,
public facilities and areas, and drainage rights-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space. Open space is landscaped,
or natural areas, and such developed areas as sidewalks, decks, gazebos,
patios, swimming pools, and other landscape structures. Areas designed
for, or utilized by, motor vehicles are not open space. Parking lot
safety islands must be a minimum of five feet wide and 50 square feet
total area in order to be calculated as open space.
OUTDOOR STORAGE
The storing, outside of a structure, of goods, junk, material, merchandise, or vehicles in the same location for more than 48 continuous hours. Outdoor storage is regulated within §
106-111 of this chapter.
OWNER
Any individual, firm, association, syndicate, copartnership,
or corporation, trust, or other legal entity having a sufficient proprietary
interest in land to commence and maintain an application for development
under this chapter.
PARKING AREA
An open area other than a street or other public road or
way used for the parking of motor vehicles, including access drives
or aisles for ingress and egress.
PARKING SPACE
An accommodation for off-street motor vehicle parking within
a public or private parking area.
PERFORMANCE GUARANTEE
Any security, including but not limited to surety bonds,
letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5,
and cash that may be accepted by the Borough as a guarantee that improvements
required as part of an application for development are satisfactorily
completed.
PLAT
A map representing a tract of land showing the boundaries
and location of individual properties and streets or a map of a subdivision
therefrom.
PLAT, FINAL
The final map of all or a portion of a subdivision which
is presented to the proper reviewing authority for final approval
and which if approved shall be filed with the proper county recording
officer.
PLAT, PRELIMINARY
A preliminary map indicating the proposed layout of a subdivision
which is submitted to the proper reviewing authority for consideration
and preliminary approval.
PLAT, SKETCH
A rough sketch map of a proposed subdivision of sufficient
accuracy to be used for the purpose of discussion and classification
by the proper reviewing authority.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
48 and 49 prior to final approval, after specific elements of a development
or site plan have been approved by the proper reviewing authority
and agreed to by the applicant.
PORCH
A roofed open area, which may be glazed or screened, which
is attached to or a part of, and with direct access to, a structure.
A porch is considered open when the percentage of open, glazed or
screened wall area is greater than 50% of the total wall area of the
porch (not including the wall of the principal structure to which
it is attached) and the space is not heated or air conditioned. A
porch is considered closed, and a room, when it is heated or air conditioned
or the percentage of open, glazed or screened wall area is less than
50% of total wall area.
PROFESSIONAL OFFICE
The office of an accountant, architect, attorney, dentist,
engineer, landscape architect, planner, physician, chiropractor, or
similar professional person licensed by the State of New Jersey and
regulated by a professional board of the State of New Jersey.
PUBLIC UTILITY FACILITIES
Telephone and electric lines, poles, equipment and structures,
water or gas pipes, mains, valves or structures, or sewer pipes, valves
or structures, maintained, operated and conducted for the service,
convenience, necessity, health and welfare of the general public,
whether owned by any arm or creature of the local, state or federal
government or by any privately-owned public utility corporation.
RESUBDIVISION
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets, or the elimination
of interior lot lines so as to promote lot consolidation, or the establishment
of any new streets within any subdivision previously made or recorded
according to law.
SATELLITE DISH/ANTENNAE
A device incorporating a reflective surface that is solid,
open mesh or bar configured and is in the shape of a shallow dish,
cone, or horn or cornucopia. It is used to transmit and/or receive
radio or electromagnetic waves between terrestrially and or orbitally
based sources.
SENIOR CITIZEN ACCESSORY APARTMENT
A second housing unit within (not detached from) a single-family residence used as separate living quarters/separate housekeeping units. The senior citizen must be the qualified, owner-occupant of the primary unit and property. Qualified senior citizen occupancy is defined as where the head of the household is over 60 years of age, and where the senior citizen satisfies the financial conditions of this section. Separate living quarters are defined as those in which the occupants live and eat separately from other persons in the structure and in which there is no direct connection of any portion of the living quarters of the two separate units. Both units must have separate kitchen and bath facilities. (These units are regulated within §
106-105.)
SHED
An accessory structure utilized for the storage of materials other than road vehicles. Sheds are accessory structures regulated within §
106-107 of this chapter.
SIGN
Any object, device, display, or structure or part thereof,
situated or visible to the outdoors 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. For the purpose of this
chapter, the word "sign" does not include the flag, pennant or insignia
of any nation, group of nations, state, city, or political unit.
SINGLE OWNERSHIP
Ownership by one or more persons in any form of ownership
of a lot not adjacent to a lot or lots partially or entirely in the
same ownership.
[Added 7-27-2004 by Ord. No. 04-11]
SITE PLAN
The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including all those elements required under Article
VII of this chapter and any other information that may reasonably be required in order that an informed decision can be made by the approving authority.
STREET
Any vehicular way which: is an existing state, county or
municipal roadway; or is shown upon a plat approved pursuant to law;
or is approved by other official action, or is shown on a plat duly
filed and recorded in the office of the county recording officer prior
to the appointment of a Planning Board and the grant to such board
of the power to review plats; and includes the land between the street
lines, whether improved or unimproved.
STRUCTURE
An object consisting of a combination of materials which
is constructed, erected, or placed below, upon or above ground level
and shall include any building, edifice, construction or piece of
work or any part thereof, or any combination of related parts, including
an object attached thereto, for occupancy, use or ornamentation. A
ground surface, designed and constructed in a manner to be utilized
for the parking of motor vehicles, is not considered a structure.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other division of land for sale or development.
The following divisions shall not be considered subdivisions within
the meaning of this chapter; provided, however, that no new streets
or roads are involved; divisions of land for agricultural purposes
where the resulting parcels are five acres or larger in size, divisions
of property by testamentary or intestate provisions, or divisions
of property upon court order. The term "subdivision" shall also include
the term "resubdivision."
SUBDIVISION\SITE PLAN COMMITTEE
A committee of at least two Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
and resubdivisions and reviewing site plans in accordance with the
provisions of this chapter, and making recommendations to the Board
and such other duties relating to land subdivision and site review
which may be conferred on this Committee by the Board.
SUBDIVISION, MINOR
A subdivision of land that does not involve the creation
of more than two lots, a planned unit development, any new streets
or the extension of any off-tract improvements.
[Amended 9-12-2006 by Ord. No. 06-17]
SWIMMING POOL, PRIVATE
Any artificially constructed basin or other structure, above or below ground, for holding of water for use by the owner's family or guests, for swimming, diving and other aquatic sports and recreation. The term "private swimming pool" does not include any plastic, canvas or rubber pool temporarily erected upon the ground with a framing less than or equal to 30 inches. Private swimming pools are regulated within §
106-119 of this chapter.
VARIANCE
Permission to depart from the literal requirements of this
zoning article pursuant to N.J.S.A. 40:55D-60, N.J.S.A. 40:55D-40b,
N.J.S.A. 40:55D-70c and N.J.S.A. 40:55D-70d.
YARD
An open space that lies between the principal or accessory
structure and the nearest lot line, and is unoccupied and unobstructed
from the ground upward except as may be specifically provided by this
chapter.
[Amended 2-25-1997 by Ord. No. 97-03]
(1)
FRONT YARDA space extending across the full width of any lot and lying between the front lot line and the nearest line of any structure on said lot, measured from the structure at the closest point to the front lot line; provided, however, that where there is a proposed widening of the right-of-way of any street the front yard setback requirement shall be measured from the proposed right-of-way line, rather than from the existing front lot line.
(2)
REAR YARDA space extending across the full width of any lot between the rear lot line of any principal structure thereon and the rear lot line of said lot measured from the structure at the closest point of the rear lot line.
(3)
SIDE YARDA space extending between either side lot line and the sideline of the principal structure nearest thereto measured from the structure at the closest point of the side lot line.
ZONING PERMIT
A document signed by the Zoning Officer which is required
by ordinance as a condition precedent to the commencement of a use
or the erection, construction, reconstruction, alteration, conversion
or installation of a structure, and which acknowledges that such use
or structure complies with the provisions of the municipal zoning
ordinance or variance there from. The issuance of a zoning permit
is inherent in the issuance of a building permit. It is the intent
of this chapter to utilize a zoning permit where a building permit
or Board approval may not be required, but where regulatory oversight
is necessary to insure proper and safe installation of site elements
such as fences, swimming pools, sheds, and other site development
or structures as seen fit by the Zoning Officer.