Certain words and phrases in this Part 1 are
defined for the purposes hereof as follows:
A use, building or structure on the same lot with, and of
a nature incidental and subordinate to, the principal use or structure.
An area intended to be used, and suitable for use, to give
access to motor vehicles to the street from a lot and to a lot from
a street.
A residential facility licensed by the New Jersey Department
of Health and Senior Services in accordance with N.J.A.C. 8:36 to
provide apartment-style housing and congregate dining and to ensure
that assisted-living services, as defined at N.J.A.C. 8:33H-1.2, are
available when needed to four or more adult persons unrelated to the
proprietor. Each apartment in an assisted-living facility shall have,
at a minimum, one unfurnished room, a private bathroom, a kitchenette
and a lockable door on the unit entrance.
[Added 11-21-2000 by Ord. No. 2000-5]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of any person,
animal or chattel.
An establishment consisting of a room or group of rooms used
for conducting the affairs of a business, profession, service, industry,
or government and generally furnished with desks, tables, files, and
communication equipment.
[Added 5-18-2021 by Ord.
No. 2021-09]
A facility which is maintained for the care, development,
and/or supervision of six or more children who attend for less than
24 hours per day and which is licensed by the New Jersey Department
of Human Services.
[Added 5-18-2021 by Ord.
No. 2021-09]
A roadway, thoroughfare, place or passageway sufficiently
wide to accommodate motor vehicular traffic (including emergency vehicles),
which is not a street as defined herein, but which, prior to March
7, 1953, has become established for use by owners of abutting land
having no frontage on any existing state, county or municipal roadway
for ingress and egress over the property of others, between a public
roadway and the abutting properties. For the purposes of this Part
1, a private lane situated entirely on a single property shall not
be considered to be a "driftway."
[Amended 9-5-1978]
An establishment where food and/or beverages are sold in
a form ready for consumption, where all of the consumption takes place
outside of the confines of the building, and where ordering and pickup
of food may take place from an automobile. This use does not include
a drive-through window.
[Added 5-18-2021 by Ord.
No. 2021-09]
A building containing one or more dwelling units and being
detached, that is, having no wall or walls in common with an adjacent
dwelling or dwellings.
A dwelling containing no more than one dwelling unit.
One room, or rooms connected together, constituting a separate,
independent housekeeping establishment for owner occupancy or rental
or lease on a weekly, monthly or longer basis, and physically separated
from any other rooms or dwelling units which may be in the same structure
and containing independent cooking and sleeping facilities.
One or more persons living as a single, nonprofit housekeeping
unit as distinguished from individuals or groups occupying a hotel,
fraternity or sorority house. The "family" shall be deemed to include
foster children and necessary servants when such children and servants
share the common housekeeping facilities and services, but shall not
include more than four boarders, roomers or paying guests.
The private residence of a family day-care provider, which
is registered as a family day-care home pursuant to the Family Day
Care Provider Registration Act.[1]
[Added 5-18-2021 by Ord.
No. 2021-09]
An outdoor food market for the selling of produce grown by
persons selling it, the selling of produce derivatives (licensed and
permitted where applicable) which the sellers have created, the selling
of baked goods by the creators thereof (originating from state-inspected
and -licensed facilities), and the selling, under reasonable regulations
of the authority governing the market, of artisan crafts.
[Added 4-5-2011 by Ord. No. 2011-8]
An establishment that provides physical fitness programs
and activities, including, but not limited to, the use of weight-lifting
equipment, running and aerobic exercise equipment, and/or fitness
classes, such as Pilates, yoga, kickboxing, etc.
[Added 3-1-2022 by Ord.
No. 2022-02]
As used herein, the term "group home" refers to an alternative
living arrangement (also defined in N.J.A.C. 5:93-1.3) in which separate
individuals or households live in distinct bedrooms yet share kitchen
and some or all plumbing facilities, central heat and common areas.
The term "group home" may include such uses as Class A, B, C, D and
E boarding homes as regulated by the New Jersey Department of Community
Affairs, residential health-care facilities regulated by the New Jersey
Department of Health and Senior Services and community residences
for the developmentally disabled, victims of domestic violence, persons
with head injuries and the terminally ill.
[Added 11-21-2000 by Ord. No. 2000-5]
The total floor area of those portions of any dwelling unit
used as living space, including kitchens, living and dining rooms,
baths and bedrooms and hallways, but not including cellars, porches
or attics, except expansion attics which may be finished to provide
additional rooms without structural alterations to roofs or exterior
walls.
Unless otherwise specified in this Part 1, the height of
buildings shall be measured from the average elevation of the post-disturbance
grade at the foundation of the building to the highest point of the
highest ridgeline of the roof.
[Added 11-21-2000 by Ord. No. 2000-5; amended 5-18-2021 by Ord. No. 2021-09]
A legal occupation conducted within a dwelling used as such,
and/or in other existing buildings on a lot whose principal use is
for residential purposes, provided that:
[Amended 11-4-1981 by Ord. No. 81-16; 12-19-1989 by Ord. No.
1989-13; 3-20-1990 by Ord. No. 1990-3]
The occupation is carried on solely by the residents
of such dwelling for financial or other renumeration as a use clearly
incidental to and secondary to the residential use of the dwelling
for domestic housekeeping and involves the employment of no person
in such occupation who does not reside in such dwelling.
Not more than 25% of the total floor area of such dwelling shall be devoted to such occupation and at least 1,000 square feet of such dwelling remains for domestic housekeeping after 25% has been deducted. (Multiple "home occupations" may be permitted, provided that the minimum of 1,000 square feet remains and the limitation of 25% is not exceeded by all such occupations.) Provided that the foregoing provisions of this Subsection B are met, a "home occupation" may also be conducted in a garage (whether or not attached to the house) or in any already existing building which is not a dwelling on the lot No new building or addition to an existing building shall be constructed and utilized for a "home occupation." In calculating the floor area of the dwelling, for the purposes of this Subsection B, the area of any attached garage shall not be included.
There shall be no display of goods offered for sale in connection with such occupation which is visible from any street or adjoining lot, except as is permitted in § 100-45E.
No power equipment which is used to fabricate
or manufacture a product for sale shall be used in such employment
or occupation. (This shall not be construed to mean usual office equipment,
such as typewriters, photocopiers and the like, which produce letters,
reports, etc.) Also, no equipment or process shall be used in such
employment or occupation which creates noise, vibration, glare, fumes,
odors or electrical interference detectable to the normal senses off
the lot; and in the case of electrical interference, no equipment
or process shall be used which creates visual or audible interference
in any radio or television receiver off the lot or causes fluctuations
in line voltage off the lot. No trucks or mechanized construction
or earth moving equipment used in such employment or occupation shall
be parked or kept on the lot; provided, however, that no more than
two motor vehicles, which may be automobiles or pickup, panel or van-type
trucks which do not exceed 2,000 pounds capacity, may be parked or
kept on the lot when used in connection with a home occupation conducted
from the lot.
The dwelling in which said occupation is carried
on shall retain an exterior which is characteristic of a building
used for residential purposes. No structural changes to accommodate
the "home occupation" shall be permitted, unless such changes are
customary and normal for a dwelling used for residential purposes.
An establishment that teaches or practices dance, drama,
art, language, martial arts, music, photography, and the like. Such
activities may be conducted either partially or entirely within the
confines of a building or partially outdoors. These uses may, from
time to time, hold group events such as birthday parties.
[Added 3-1-2022 by Ord.
No. 2022-02]
A position that may be filled at the discretion of the Township
Committee for a period of one year whose duties shall include the
following:
[Added 2-4-2020 by Ord. No. 2020-03]
To serve as the secretary to the Planning Board;
To serve as the secretary to the Zoning Board of Adjustment;
To serve as the Zoning Officer;
To serve as the Development Regulation Officer;
To serve as the Municipal Housing Liaison; and
To perform other duties as assigned by the Township Committee,
Planning Board or the Zoning Board of Adjustment.
An integral parcel or plot of land or contiguous integral
parcels or plots of land, under the same ownership, which are not
separate subdivision lots of record.
The total horizontal area included within lot lines. Where
the front lot line is the center line of a street or lies in part
or in whole in the street area, the "lot area" shall not include that
part of the lot in use or to be used as the street.
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
"corner lot" if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
The shortest horizontal distance between the front lot line
(street line) and a line drawn parallel to the front lot line through
the midpoint of the rear lot line.
[Amended 9-15-1987 by Ord. No. 1987-9]
That portion of a lot extending along the street line. (See
also the definition of "lot width.")
[Amended 9-15-1987 by Ord. No. 1987-9]
The horizontal distance between the side lines of a lot measured
along a straight line parallel to the front lot line. Said measurement
shall occur at the minimum required front setback line. However, in
the case of lots on the circle of a cul-de-sac, the distance shall
be measured along an arc at the minimum required front setback line
and shall be at least 50 feet.
[Amended 9-15-1987 by Ord. No. 1987-9; 5-18-2021 by Ord. No. 2021-09]
An establishment engaged in the mechanical or chemical transformation
of materials or substances into light machinery, including the assembling
of component parts and the creation of products. Ancillary business
offices shall be permitted within the same structure.
[Added 5-18-2021 by Ord.
No. 2021-09]
A structure designed to support the gathering of wind energy
resource data; includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
[Added 6-1-2010 by Ord. No. 2010-14]
The New Jersey Department of Environmental Protection (and
such Department by any future name).
[Added 5-15-2012 by Ord. No. 2012-7]
Any nonconforming use or structure existing at the time of
the passage of an ordinance may be continued upon the lot or in the
structure so occupied, and any such structure may be restored or repaired
in the event of partial destruction thereof.
Space logically and conveniently located for bulk pickups
and deliveries, scaled to delivery vehicles expected to be used, and
accessible to such vehicles when required off-street parking spaces
are filled. Required "off-street loading space" is not to be included
as off-street parking space in computation of required off-street
parking space.
A space adequate for parking an automobile with room for
opening doors on both sides, which space shall be a minimum of 10
feet wide and 20 feet deep, together with properly related access
to a street and maneuvering room. For purposes of rough computation,
an "off-street parking space" and necessary access and maneuvering
room may be estimated at 300 square feet, but off-street parking requirements
will be considered to be met only when actual spaces meeting the requirements
above are provided and maintained, improved in a manner appropriate
to the circumstances of the case and in accordance with the requirements
of this Part 1 and all ordinances and regulations of this Township.
A truck or other vehicle having either a total combined gross
weight of vehicle plus load in excess of 13 tons or an extreme overall
length in excess of 23 feet, or both.
An establishment primarily engaged in providing services
involving the care of a person or his or her personal goods or apparel.
Personal service establishments shall include, but are not limited
to, salons, barbershops, nail salons, clothing and shoe cleaning and
repair, tailors, and the like.
[Added 5-18-2021 by Ord.
No. 2021-09]
Development on a tract of at least 40 acres but not more than 50 acres, which shall be developed and used according to a plan as a single entity, containing as its principal use one or more shopping villages with appurtenant common areas to accommodate, as principal uses, only the principal uses described in § 100-74A through F hereof, and required common open space.
[Added 4-21-1993 by Ord. No. 1993-4]
The proper municipal agency, be it the Planning Board or
Board of Adjustment, to review or approve the particular application
for development involved, pursuant to the Municipal Land Use Law[2] and Chapter 100, Part 2, Development Regulations, of the Code of the Township of Holland, notwithstanding the actual wording of this Part 1.
A building or structure primarily devoted to a principal
use.
A main use, a use which is not incidental or subordinate
to another use on the same lot.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
[Added 5-18-2021 by Ord.
No. 2021-09]
A wind energy conversion system consisting of vertical axis
wind turbine(s) or any other form of wind energy conversion system
that can be and is mounted on the roof of a building rather than on
a tower.
[Added 6-1-2010 by Ord. No. 2010-14]
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
[Added 6-1-2010 by Ord. No. 2010-14]
Separate dwelling units reserved for occupancy by persons
62 years of age or older, which dwelling units may be located within
one or more buildings, each containing a minimum of 20 similar units,
or in the same building(s) with assisted-living units, wherein common
facilities and a range of supportive personal and/or medical care
services may be provided. Senior citizens apartments with supportive
services may have access to and the use of congregate dining, laundry
and social facilities, provided that each such dwelling unit has its
own separate complete kitchen and full bath, a door that is lockable
from the inside and at least 300 square feet of clear floor area within
the confines of the dwelling unit itself.
[Added 11-21-2000 by Ord. No. 2000-5]
A line within any lot, parallel to any street lines and measured
perpendicularly from the street line, within which no building or
part thereof may be erected except as provided in this Part 1.
[Amended 9-15-1987 by Ord. No. 1987-9]
Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located; provided,
however, that the following shall not be included in the application
of the regulations herein:
Signs not exceeding one square foot in area
and bearing only property numbers, postbox numbers, names of occupants
of premises or other identification of premises not having commercial
connotations.
Flags and insignia of any government except
when displayed in connection with commercial promotion.
Legal notices: identification, informational
or directional signs erected or required by governmental bodies.
Integral decorative or architectural features
of buildings, except letters, trademarks, moving parts or moving lights.
The area of a sign face shall be computed by drawing a square
or rectangle that encompasses the extreme limits of the sign's message,
which includes the writing, representation, emblem, decorations, or
other display, together with any color forming an integral part of
the sign. The base and/or supports of a freestanding monument sign
shall not be included in the sign area.
[Added 3-1-2022 by Ord.
No. 2022-02]
A sign that provides information and/or directions necessary
for vehicles and/or pedestrians to navigate a site, including signs
identifying entrances and exits, parking areas, circulation direction,
and the like. Directional signs shall not contain any advertising.
[Added 3-1-2022 by Ord.
No. 2022-03]
A sign in which the entire bottom is in contact with the
ground and is independent of any other structure.
[Added 3-1-2022 by Ord.
No. 2022-02]
A wind energy conversion system consisting of a wind turbine,
a tower and associated control or conversion electronics, which has
a rated capacity consistent with applicable provisions of the State
Uniform Construction Code promulgated pursuant to P.L. 1975, c. 217
(N.J.S.A. 52:27D-119 et seq.), and which will be used to generate
electrical power primarily for on-site consumption.
[Added 6-1-2010 by Ord. No. 2010-14]
An electricity generating facility that produces electrical energy primarily for sale and off-premises consumption and that uses solar or photovoltaic technologies that consist of a system of solar or photovoltaic panels and equipment for the production of energy, and that does not meet the definition of "solar energy system (minor)" in this § 100-6.
[Added 5-15-2012 by Ord. No. 2012-7]
One or more solar panels and all associated equipment involved
in the conversion of solar radiation to electrical energy, hot water
or hot air solely to serve the principal use and other permitted accessory
uses of the land on which such system is situated.
[Added 6-1-2010 by Ord. No. 2010-13; amended 5-15-2012 by Ord. No.
2012-7]
An accessory structure containing one or more receptive cells
or collector devices, the purpose of which is to use solar radiation
to create usable electrical energy, hot water or hot air.
[Added 6-1-2010 by Ord. No. 2010-13]
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action as provided by the Municipal
Land Use Law, or which is shown on a plat duly filed and recorded
in the Hunterdon County Clerk's office prior to the appointment of
a Planning Board for the Township and the grant to such Board of the
power to review plats, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines.
The dividing line between the lot and the street, or the
street right-of-way line running across the lot where the lot extends
into the street.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, "structures" include buildings, swimming
pools, mobile homes, billboards and poster panels, but shall exclude
fences, posts, wires and their supporting poles or frames of electric
or telephone utilities or other service facilities and school-bus
waiting shelters whose location and design have been approved before
erection by the Board of Education of the Township of Holland. The
word "structure" includes "buildings."
The vertical distance above grade of the tower plus the wind
generator measured vertically from the ground to the tip of a wind
generator blade when the tip is at its highest point.
[Added 6-1-2010 by Ord. No. 2010-14]
The vertical distance above grade of the fixed portion of
the tower, excluding the wind generator.
[Added 6-1-2010 by Ord. No. 2010-14]
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area in the aggregate
to make one integral parcel of land meeting the requirements of this
Part 1 for the use(s) intended. With respect to a planned commercial
development, the term "tract" shall refer to the whole of land area
constituting the planned commercial development, having an area within
the parameters referred to in the definition of planned commercial
development.
[Added 4-21-1993 by Ord. No. 1993-4]
(As defined in said Title 39) shall be considered as separate
vehicles, unless they are joined to one another.
The purpose for which land or a structure thereon is designed,
arranged or intended or for which it is or may be occupied or maintained.
A building used for the storage of goods and materials. Space
within a building may be leased to separate entities. Ancillary business
offices shall be permitted within the warehouse building.
[Added 5-18-2021 by Ord.
No. 2021-09]
Blades and associated mechanical and electrical conversion
components mounted on top of a wind tower.
[Added 6-1-2010 by Ord. No. 2010-14]
A monopole, freestanding, or guyed structure that supports
a wind generator.
[Added 6-1-2010 by Ord. No. 2010-14]
A required open space unoccupied and unobstructed by any
structure or portion of a structure from 30 inches above the general
ground level of the graded lot upward, except as otherwise permitted
by this Part 1; provided, however, that fences, walls, poles, posts
and other customary yard accessories, ornaments and furniture may
be permitted in any yard subject to height limitations and requirements
limiting obstruction of visibility.
A yard extending between side lot lines across the front
of a lot adjoining a street.
A yard extending across the rear of the lot between inner
side yard lines.
A yard extending from the rear line of the required front
yard to the rear lot line or, in the absence of any clearly defined
rear lot line, to the point on the lot farthest from the intersection
of the lot line involved with the street.
[Amended 9-15-1987 by Ord. No. 1987-9; 9-1-1998 by Ord. No.
1998-9]
Any words or phrases used herein, but not specifically defined above, shall, if defined in Part 2 of this Chapter 100, have the definition set forth in such Part 2, or, if not defined in such Part 2 but defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), have the definition set forth in that law.
