[Amended 3-5-2020 by Ord. No. 2020-5]
Words and phrases shall be presumed to have
their ordinary meaning, unless specifically defined or interpreted
differently within this article. Disputes concerning the definition
or interpretation of a word shall be resolved by the Consolidated
Land Use Board of Mansfield Township.
For the purpose of this chapter, certain grammatical
forms and words shall assume a different interpretation than is assumed
in common usage as follows:
A.Â
All present and future tenses shall be interchangeable.
B.Â
The word "building" includes "structure" and any part
thereof.
C.Â
The singular and plural shall be interchangeable.
D.Â
The word "shall" is always mandatory, and the term
"may" indicates a permissive action.
E.Â
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for" or "occupied for."
F.Â
The word "person" includes an individual, corporation
or partnership.
G.Â
The word "includes" (or "including") shall not limit
the term to the specified example but is intended to extend its meaning
to all other instances of like kind and character.
All such words as defined in the Municipal Land
Use Law, if not contained below, are hereby incorporated herein and
declared to be apart of this chapter. The following words and phrases
shall have the meaning given in this section, as follows:
Additional living space attached to an existing single-family
dwelling which shall contain separate sleeping, sanitary, and cooking
facilities for the occupants.
[Added 9-27-2006 by Ord. No. 2006-33]
A separate dwelling unit incorporated in a single-family
residence. For the purposes of this section, the term "incorporated
in" shall mean either completely contained within an existing single-family
residence or added to a single-family residence, provided that both
dwelling units shall be attached by a common wall, floor or ceiling
and not simply attached by a breezeway or porch, and provided that
both dwelling units are contained within one building, with the exception
of apartments on the top of freestanding garages. The single-family
residence shall still be considered a single-family dwelling even
though it contains an accessory apartment.
[Added 12-30-1991 by Ord. No. 1991-28]
[Amended 4-28-1999 by Ord. No. 1999-9]
A subordinate building, the use of which is
customarily incidental to that of the principal building and is used
for an accessory use and is located on the same lot. In a residential
district, a detached accessory building shall be on the same lot as
the main building and shall be not less than 10 feet from any side
or rear lot line and not closer to the front street line than the
rear extremity of the main building.
Number and height of accessory buildings.
Each residential lot of three acres or less
shall be permitted only one detached accessory building with a maximum
height of 12 feet. A zoning permit shall be required, and a construction
permit may be required.
Each residential lot greater than three acres
shall be permitted two detached accessory buildings. The maximum height
shall be 12 feet if the accessory buildings are located six feet from
any property line. This height may increase by one foot for each additional
setback of five feet, but in no case shall the ultimate height exceed
15 feet. A zoning permit shall be required, and a construction permit
may be required.
The size of accessory buildings, excluding garages,
shall not exceed 200 square feet for the first acre, or less, of lot
size. For every 21,000 square feet of lot area over one acre, the
accessory building size may be increased by one foot for both width
and length. Fractional acreage shall be rounded to the nearest component
of 21,000 square feet. However, in no case, shall the size of accessory
buildings exceed 360 square feet. Garages shall be approximately 30
feet by 30 feet or, in the aggregate, not more than 1,000 square feet
and shall not be more than 15 feet high. A detached accessory building
solely for the purpose of containing swimming pool equipment shall
be exempt, provided that the size does not exceed 60 square feet.
[Amended 7-12-2000 by Ord. No. 2000-12]
A use customarily carried on within a dwelling by the inhabitants
thereof, which use is incidental and subordinate to the residential
use. Accessory residential uses shall not be interpreted to include
the following: barber- and beauty shops, barber and beauty schools,
tearooms, convalescent homes, stables, kennels or repair of internal
combustion engines. Accessory residential uses shall be limited as
follows:
Professional office of one physician, dentist,
lawyer, architect, engineer, musician, artist, teacher, accountant,
registered nurse or other similar professional person in a residential
building, subject to the following special requirements in addition
to all other applicable requirements of this chapter for the residential
district in which such uses are located.
A workshop other than a public garage or automobile
repair shop.
Professional, home offices and workshops shall
be subject to the following standards:
[Amended 12-27-1996 by Ord. No. 1996-13]
Two off-street parking spaces in addition to
those otherwise required in this chapter.
No more than one person shall be employed to
provide secretarial, clerical, technical or similar assistance.
The area used for the above uses shall occupy
no more than 25% of the total floor area.
No storage of materials or products outside
the dwelling unit shall be permitted unless completely housed.
The use shall be clearly incidental to the residential
use of the dwelling unit and shall not change the essential residential
character of the dwelling.
No external alterations inconsistent with the
residential use of the dwelling unit shall be permitted.
No display of products shall be visible from
outside the building.
Business signs consistent with the sign regulations.
Such business shall be operated by the residential
owner or a member of the family, provided that they are occupants
of the dwelling.
A use conducted on the same lot as a principal use to which
it is related and located either within the same structure or in an
accessory structure or as an accessory use of land, except that off-street
parking need not be located on the same lot. It is a use which is
clearly incidental to and customarily found in connection with a principal
use.
Any business function in which there is not regular contact
with the general public and no materials, products, goods or prepared
foods are stored except for office consumption.
See "sign" and "billboard."
A minor way, which may or may not be legally dedicated and
which is used primarily for vehicular service access to the rear or
side of properties abutting on a street.
Includes but is not limited to the following:
All incidental changes or replacement in the
nonstructural parts of a building or other structure.
Minor changes or replacement in the structural
parts of a building or other structure limited to the following examples
and others of similar character or extent:
Alteration of interior partitions to improve
livability in nonconforming residential buildings, provided that no
additional dwelling units are created thereby.
Alteration of interior partitions in all other
types of buildings or other structures.
Making windows or doors in exterior walls.
Strengthening the load-bearing capacity in not
more than 10% of the total floor area to permit the accommodation
of a specialized unit of machinery or equipment.
See "dwelling, multiple."
A detached building containing three or more separate attached
dwelling units with common or separate entranceways, yard areas and
common facilities, where one or more units is physically on top of
other units or adjoined side by side. Each apartment house or group
of apartment houses shall be erected and maintained in single and
separate ownership or by a condominium as provided for from time to
time by state law.
See "lot coverage."
A structure used for the purpose of cleaning or reconditioning
the exterior and interior surfaces of automotive vehicles, but not
including an incidental one-bay washing facility in a gasoline service
station where washing facilities are purely incidental to the operation
of said service station. A self-operated vehicular laundering facility
not requiring attendants or employees, regardless of capacity, is
also considered to be an automobile laundry.
A building used for the sale of, hire of or remuneration
from automotive and other vehicles and equipment. This shall be interpreted
to include auto accessory salesrooms but not the sale of junked vehicles
and equipment.
An open area, other than a public or private street or way,
used for the display or sale of new and used vehicles, trailers, trucks
or farm equipment and where no repair work is done except that which
is minor and incidental, not including body and fender work.
Any premises used for the repair or servicing of vehicles,
but not including automotive wrecking.
The number of dwelling units per acre computed by dividing
the number of dwelling units which the applicant proposes to construct
by the number of acres in the development excluding acreage devoted
to commercial use.
A sign other than one indicating a business conducted on
the premises and a sign upon which advertising matter of any character
is printed, posted or lettered by any means and is designed for such
purposes. A billboard may be either freestanding or attached to a
surface of a building or other structure.
A tract of land that may be bounded by streets; public parks;
railroad rights-of-way, excluding siding and spurs; or corporate boundary
lines of the municipality.
An individual other than a member of the family occupying
a dwelling unit who, for a consideration, is provided sleeping accommodations,
meals and may be provided personal care, financial services, counseling,
or other such services.
[Added 9-27-2006 by Ord. No. 2006-33]
A level, landscaped and/or surfaced area directly adjacent
to a principal building or within three feet of finished grade, not
covered by a permanent roof and without footings.
[Added 4-28-1999 by Ord. No. 1999-9]
The area of a horizontal section of a building.
See "height of building."
The horizontal measurement of any continuous building wall.
An line established within a property defining the minimum
required distance between a property line and the face of any structure.
The structure face shall be the major wall of the structure and shall
include bay windows, decks, porches, sunrooms and foyers. The structure
face shall not include projecting eaves, gutters, steps and landings.
[Amended 4-28-1999 by Ord. No. 1999-9]
The term used to describe the size of buildings or other
structures and their relationship to each other, to open areas such
as yards and to lot lines and includes the size, height and floor
area of a building or other structure and all open areas in yard space
relating to buildings and other structures.
A domestic animal of the species Felis domestica. See the
definitions of "kennel, commercial" and "kennel, hobby" in this section
for regulations on keeping small animals.
[Added 4-5-1990 by Ord. No. 1990-6]
Land used or intended to be used for the burial of the deceased,
including columbariums, crematories, mausoleums and mortuaries when
operated in conjunction with the cemetery and within the boundaries.
See "street, center line of."
A system, whether public or private, of sewage collection
systems, intercepting sewers, outfall sewers, pumping, power and other
equipment and their appurtenances, extensions, improvements and alterations
thereof, connected to a wastewater treatment plant, all constructed
in accordance with permits issued by the New Jersey Department of
Environmental Protection.
[Added 6-2-1980 by Ord. No. 1980-2]
A statement signed by the Construction Official setting forth
that a building or structure or swimming pool does comply with this
chapter or that a building, structure or parcel of land may lawfully
be used for specified uses, or both.
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, educational, burial, recreational
or other uses not normally associated with worship.
An organization operated for social or fraternal purposes.
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 persons with head injuries who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to group homes, half-way houses, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health care facility. A "person with head injury" means a person
who has sustained an injury, illness or traumatic changes to the skull,
the brain contents or its coverings which results in a temporary or
Permanent physiobiological decrease of mental, cognitive, behavioral,
social or physical functioning which causes partial or total disability.
[Added 6-26-2002 by Ord. No. 2002-12]
A facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A.
30:11B-1 et seq.) providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to group homes, half-way houses, intermediate care
facilities, supervised apartment living arrangements and hostels.
Such a residence shall not be considered a health care facility. In
the case of such community residence housing mentally ill persons,
such residence shall have been approved for a purchase of service
contract or an affiliation agreement pursuant to regulations of the
Division of Mental Health and Hospitals of the Department of Human
Services. As used in this chapter, "developmentally disabled person"
means a person who is developmentally disabled as defined in section
of 2 P.L. 1977, c. 488 (N.J.S.A. 30:11B-2), and "mentally ill person"
means a person who is afflicted with a mental illness as defined in
N.J.S.A. 30:4-23, but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
[Added 6-26-2002 by Ord. No. 2002-12]
A facility operated as a hospice program providing food,
shelter, personal guidance and health care services, under such supervision
as required, to not more than 15 terminally ill persons.
[Added 8-26-2002 by Ord. No. 2002-12]
A shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulations
of the Department of Human Services pursuant, to P.L., c. 337 (N.J.S.A.
30:14-1 et seq.) providing food, shelter, medical care, legal assistance,
personal guidance and other services to not more than 15 persons who
have been victims of domestic violence, including any children of
such victims, who temporarily require shelter and assistance in order
to protect their physical or psychological welfare.
[Added 6-26-2002 by Ord. No. 2002-12]
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Consolidated Land Use Board of Mansfield Township.
[Added 12-30-1991 by Ord. No. 1991-28; 3-5-2020 by Ord. No. 2020-5]
See "lot, corner."
A golf course and accessory uses, including, but not limited
to, clubhouse, eating and drinking facilities, swimming pools, recreational
facilities, maintenance facilities and off-street parking.
[Amended 6-26-2002 by Ord. No. 2002-12]
See "lot coverage."
Water bodies, including streams, ponds and lakes, one-hundred-year
floodplains, wetlands and slopes over 25%. The term "noncritical areas"
will mean any areas not defined as "critical areas."
[Added 12-10-2003 by Ord. No. 2003-20]
A street with access closed at one end and with a vehicular
turnaround at the closed end.
The elevation of the top of the curb or the established curb
grade opposite the center of the building or portion thereof under
consideration. Where the building does not adjoin the street, the
average elevation of the proposed grade line of the ground immediately
adjacent to the building as shown on the building plans shall be considered
as the curb level.
The line of the curb as presently existing or as may hereafter
be established by the governing body of the Township.
A structure with footings, open to the elements, and not
covered by a roof, usually attached to or part of and with direct
access to a principal building.
[Added 4-28-1999 by Ord. No. 1999-9]
The number of dwelling units permitted in a development expressed
as units per acre.
One which has yard areas on all sides.
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 other structure, or land or extension of use of land, for which approval may be required by the Municipal Land Use Law or by Chapters 44A, 50 and 65 of the Code of Ordinances.
[Added 8-11-1999 by Ord. No. 1999-15]
A domestic animal of the species Canis familiaris. See the
definitions of "kennel, commercial," and "kennel, hobby" in this section
for regulations on keeping small animals.
[Added 4-5-1990 by Ord. No. 1990-6]
The vehicular entrance and exit for a land use.
One or more rooms for living purposes, together with separate
cooking and sanitary facilities, which rooms are accessible from the
outdoors, either directly or through an entrance hall shared with
other dwelling units, and are used or intended to be used by one or
more persons living together and maintaining a common household.
SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building except when an accessory dwelling unit is approved.
[Amended 12-30-1991 by Ord. No. 1991-28]
TWO-FAMILY DETACHED DWELLING or DUPLEX:
A building designed for and occupied exclusively
as a residence for two families, with one family living wholly or
partly over the other, and having no party wall in common with an
adjacent dwelling. The above will be known as a "duplex."
A building designed for and occupied exclusively
as a residence for only one family, applied to one of two houses which
are detached from other buildings and joined together by a single
party wall. The above will be known as a "twin" or "two-family detached
dwelling."
MULTIPLE DWELLINGA building designed for three or more dwelling units.
TOWNHOUSEA building that has not less than three or more than eight one-family dwelling units erected in a row as a single building on adjoining lots, each being separate from the adjoining unit or units by an approved masonry, party or partition wall or walls, thus creating distinct and noncommunicating dwelling units, such units intended for separate ownership or rental. This definition shall also include such terms as "rowhouse," "patio house," "court dwelling," "maisonette," etc.
A right-of-way granted but not dedicated for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures.
The greatest number of persons to be employed in the building
in question during any season of the year and at any time of the day
or night.
An addition to the floor area of an existing building, an
increase in size of another structure or an increase in that portion
of a tract of land occupied by an existing use.
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability.
[Amended 9-27-2006 by Ord. No. 2006-33]
A private residence of a family day-care provider which is
registered as a family day care home pursuant to the Family Daycare
Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et
seq.).
[Added 6-26-2002 by Ord. No. 2002-12]
A plot or parcel of land having an area of not less than
six acres annually used for agricultural purposes.
Any building needed for storing agricultural equipment or
farm produce, housing livestock or poultry or processing agricultural
products. The term "farm building" shall not include a dwelling.
The sum of the square feet of all floor areas of all buildings
and structures on a lot divided by the total lot area.
[Added 9-12-2007 by Ord. No. 2007-23]
See "yard, front."
See "lot line, front."
Any structure having four sides and a roof and in at least
one of the sides of which is an aperture or opening through which
a vehicle may enter and leave and that may be closed by means of a
door or doors, overhead or otherwise, and being intended for the storing
or sheltering of vehicles.
A garage in which no business, service or industry is carried
on and which is designed to contain not more than four motor vehicles
which shall not house trucks of the six-thousand-pound weight class.
[Amended 12-12-2012 by Ord. No. 2012-12]
An attached private garage is a garage attached to the principal
dwelling unit. The dwelling unit, including the attached garage, shall
satisfy all bulk standards for the applicable zoning district. An
attached garage shall not exceed a maximum size of 1,000 square feet.
Only one attached garage per dwelling unit shall be permitted.
A detached private garage shall be classified as an accessory
structure to a residential use. The detached garage shall satisfy
all of the requirements for accessory structures.
The cumulative size of attached and detached garages shall not
exceed a maximum of 1,000 square feet per principal dwelling unit.
Any garage not included within the definition of a "private
garage."
A group of multifamily dwellings, architecturally designed
with some of the units placed on top of other units, up to three stories
in height, designed for rental or sale of the individual units, having
common open spaces and designed in accordance with the special requirements
for such dwellings as set forth in this chapter.
An area of land, together with any structure thereon, used
for the retail sale of motor fuel and lubricants and incidental services,
such as lubrication and handwashing of motor vehicles or the sale,
installation or minor repair of tires, batteries or other automobile
accessories.
An open area and its necessary buildings used for the playing
of golf, not including a driving range, miniature course or eating
facilities in a separate building operated for additional profit.
A finished product.
Publicly owned facilities used for the provision of sanitary
sewer and/or potable water service, including pumping stations; well
fields; treatment facilities; storage facilities; vents and interconnections;
fire stations; police stations; communication facilities; sites for
the repair and/or storage of equipment and materials used for the
provision of municipal services, including sanitation, road maintenance
and snow removal; administrative offices; libraries; and post offices.
[Added 6-26-2002 by Ord. No. 2002-12]
The mean elevation of the finished grade where such grade
abuts a building.
A story under a gabled, hipped or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than two feet nor less than one foot above the finished floor of such
story.
The vertical distance measured from the average elevation
of the proposed finished grades at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the average height between eaves and ridge for gable,
hip and gambrel roofs, provided that chimneys, spires, towers, mechanical
penthouses, tanks and similar projections of the buildings not intended
for human occupancy shall not be included in calculating the height.
If there are two or more separate roofs on a single building, the
height of such building shall be calculated from the highest roof.
[Amended 11-1-2018 by Ord. No. 2018-15]
The vertical distance measured from ground level to the highest
point on the sign or its supporting structure.
The distance between any vehicular entrance or exit to a
street and the next adjoining vehicular entrance or exit on the same
street.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions and including, as an integral part of the institution
related facilities, such as laboratories, outpatient facilities, training
facilities, medical offices and staff residences.
[Amended 6-26-2002 by Ord. No. 2002-12]
A structure designed or converted for the care and treatment
of sick or wounded domestic animals, provided that each hospital is
on one acre or more of land.
A building having six or more rental rooms, without individual
cooking facilities, for transient guests.
Any material that prevents absorption of stormwater into
the ground.
[Added 9-12-2007 by Ord. No. 2007-23]
That portion of a lot excluding areas set aside or used for
buildings, parking, loading and streets. Such area shall be devoted
to recreational uses and/or play areas with appropriate recreational
equipment, park furniture and landscape plantings.
Any type of structure, excavation or paved section excluding
driveway or curb.
A building and land use partially for the human habitation
of more than two unrelated persons who occupy the facility for a common
purpose other than housekeeping.
A duly organized school, giving instruction in business or
vocational trade subjects.
An area of land, with or without buildings, used for the
storage of used and discarded materials, including but not limited
to wastepaper, rags, metal, building materials, house furnishings,
machinery, vehicles, or parts thereof, with or without the dismantling,
processing, salvage, sale or other use or disposition of the same.
The deposit or storage on a lot of two or more unlicensed, wrecked
or disabled vehicles, or the major part thereof, shall be deemed to
be a "junkyard."
The keeping of more than three small animals that are more
than six months old for breeding, sale or boarding. Such commercial
kennels shall be permitted only in the C-2 Highway Commercial District.
[Amended 3-14-1991 by Ord. No. 1991-5]
The keeping of small animals for breeding and show purposes.
Such uses shall be allowed only in the R-1 District and in areas used
for farming. However, hobby kennels shall not be included as part
of normal farm operations. The minimum lot size for hobby kennels
shall be one acre. If any home contains more than five cats and dogs
in any combination, it shall be classified as a commercial kennel
and shall be located only in the permitted district.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner
or other persons having a proprietary interest in land.
A completely planted visual barrier that complies with all
of the standards and requirements set forth in the Township's Landscape
Ordinance.
An animal of any kind kept or raised for personal use or pleasure or sale and profit, including but not limited to horses, cattle, sheep, swine, goats, poultry, fowl and fur-bearing animals, but excluding cats and dogs. The fact that cats and dog's are excluded from this definition shall not abridge or affect the limits on cats and dogs established elsewhere in this Code. The term "animal" does mean "animal unit" as said term is defined in § 65-95.
[Added 4-5-1990 by Ord. No. 1990-6; amended 7-14-1993 by Ord. No. 1993-8]
Paved accommodation off the street for loading of trucks,
in the form of one or more truck berths located either within a building
or on the same lot. The area of each berth shall be not less than
600 square feet, and it shall have a minimum clear height, including
access to it from the street, of 14 feet.
Wholesale warehousing; commercial warehousing; distribution/trucking/terminal
facilities; freight carriers/couriers/third-party transportation providers,
and similar uses for nonagricultural freight designed and used for
the wholesale storage and distribution of goods, specifically including
off-site truck and trailer parking, or drop lots.
[Added 4-20-2022 by Ord. No. 2022-6; amended 9-21-2022 by Ord. No. 2022-13]
A lot abutting upon two or more streets at their intersection.
The owner, when first applying for a building permit, shall designate
which of the two streets is to be the principal frontage for the purpose
of establishing the front, rear and side yard requirements of the
lot.
The portion of a lot occupied by buildings, structures, parking
areas, driveways, pedestrian ways and all other areas of impervious
surfaces.
[Amended 9-12-2007 by Ord. No. 2007-23]
The mean horizontal distance between the front or street
lot line and the rear lot line.
A lot, the side lines of which do not abut a street.
The line separating the lot from the street line.
Any lot line, except a front lot line, which is parallel
to or within 45º of being parallel to, and does not intersect
any street line. In the case of a corner lot, the owner or developer
may show a different designation. See definition of "lot, corner"
for requirements.
Any lot line which is not a front lot line or a rear lot
line. In the case of a corner lot, the owner or developer may make
a different designation. See definition of "lot, corner" for requirements.
An interior lot having frontage on two streets or one street
and an alley.
The horizontal distance between the side boundary lines of
the lot measured at the building line, except where the side lines
of the lot coverge towards the rear, in which case the width of the
lot shall be measured on a line parallel with the building line and
25 feet in back of the building line.
A combination signboard and protective covering from the
elements supported solely by the building to which it is attached.
A building constructed as a professional building for the
offices of three or more medical practitioners.
Occupancy of a building or land for more than one use.
A structure, transportable in one or more sections, which
is eight body feet or more in width and is 32 or more body feet in
length and which is built on a permanent chassis and designed to be
used with or without a permanent foundation when connected to required
utilities, and includes the plumbing, heating, air-conditioning and
electrical systems contained therein. Such units are prohibited in
all districts in the Township.
A factory-fabricated transportable building designed to be
used by itself or to be incorporated with similar units at a building
site into a modular structure. The term is intended to apply to major
assemblies and does not include prefabricated panels, trusses, plumbing
trees and other prefabricated subelements which are to be incorporated
into a structure at the site. The unit shall be fixed to a permanent
foundation wherein such foundation and unit meet the requirements
of the Uniform Construction Code.
[1]A building or a group of buildings having units containing
sleeping accommodations which are available for a temporary rental
occupancy by transients and providing sufficient off-street parking
facilities adjacent or convenient thereto. A tourist home containing
provisions or facilities for accommodation of more than two transient
occupants not normally quartered on the premises shall be considered
as a motel-hotel facility under the provisions of this chapter.
See "multiple dwelling" under "dwelling unit."
A facility providing nursing services on a continuing basis
and which admits the majority of the occupants upon advice of physicians
as ill or infirm persons requiring nursing services and provides for
physician's services or supervision and maintains medical records,
including also provisions for other similar medical or nursing services.
Care for the acutely ill or surgical or obstetrical services shall
not be considered similar services under this definition, nor shall
hospitals be construed to be included in this definition.
A parking area, as hereinafter defined, for the parking of
passenger vehicles of the occupants, employees, visitors and patrons
of specified types of buildings.
An open off-street land area, including parking spaces and
access and egress drives or aisles, used or required by this chapter
for parking of automobiles or other vehicles exclusively, and in which
no gasoline or automobile accessories are sold and no other business
is conducted.
Accommodation for the parking of a motor vehicle on a lot provided for restricted use in connection with a particular business or private enterprise, or as an adjunct to a housing development or private residence, whether operated for gain or not, whether cooperatively established and operated or not. Such parking spaces may consist of parking lots, private garages or other structures and accessories. The net area of such parking berth, exclusive of access or maneuvering area, shall be not less than 9 1/2 feet wide by 18 feet in length, except for compact car spaces which shall be in accordance with the provisions of § 65-99.1. All parking spaces shall be paved.
[Amended 5-23-1990 by Ord. No. 1990-16]
A level, landscaped and/or surfaced area directly adjacent
to a principal building or within three feet of finished grade, not
covered by a permanent roof and without footings.
[Added 4-28-1999 by Ord. No. 1999-9]
A portion of land for parking spaces, driveways or streets
paved with a weatherproof surface. In the computation of such, that
area covered by buildings shall be excluded.
Any individual, firm, partnership, agency or corporation.
A structure with footings that is a roofed, open area which
may be glazed or screened, without heating and air conditioning, usually
attached to or part of and with access to a principal building.
[Amended 4-28-1999 by Ord. No. 1999-9]
A school which provides daytime care and instruction of two
or more children from two to six years of age inclusive and which
operates on a regular or seasonal basis.
A lot or plot with or without buildings or other improvements
located thereon.
See "yard, rear."
See "lot line, rear."
A private or public space, including essential buildings
and structures, used for play and recreational space for individuals.
An establishment in which food and drink may be procured,
provided that such food or drink is to be consumed while seated at
a table, counter or a booth within a building on the premises, except
that a take-out window may be permitted as an auxiliary service to
the overall operation.
Establishments where patrons are served or can obtain refreshments
or meals for principal consumption outside the confines of the principal
building or in automobiles parked upon the premises regardless of
whether or not in addition thereto seats or other accommodations are
provided for patrons.
[Added 2-10-1999 by Ord. No. 1999-2]
Any sales of goods and services to the general public as
distinguished from wholesale sales.
See "street line."
Any building or group of buildings, the use of which is accredited
by the New Jersey Department of Education for elementary and secondary
education. The term "school" does not include child-care facilities
or business enterprises, such as dance studios, business schools or
similar uses.
[Added 6-26-2002 by Ord. No. 2002-12[2]]
A geographical area or tract which is part of a proposed
development which will be developed according to a timetable for development
over a period of years included by the applicant in the development
plan.
See "building setback line."
See "yard, side."
See "lot line, side."
Any letter, word, model, banner, flag, device or representation
used as, or which in the nature of, an announcement, direction or
advertisement concerning the business conducted on the premises, including
interior signs which are visible from the street, and may be of the
following types or forms:
A structure erected on supports or suspended
or projecting from a building, including a banner or flag.
The fastening of a board or other prepainted
material having prepainted or printed thereon letters, words or insignia.
The erecting or superimposing of separate cutout
letters on the walls of a building or placing said letters on a plane
surface which projects from the wall of the building.
A sign which offers services or goods produced or available
somewhere other than on the lot on which the sign is located. The
words "advertising sign" include the word "billboard." Neither directional,
warning nor other signs posted by officials in the course of their
public duties shall be construed as advertising signs.
A sign which offers services or goods available on the lot
on which the sign is located.
A sign which offers premises for sale, rent or development
or advertises the services of professionals or building trades during
construction or alteration of the premises upon which the sign is
located.
[Added 3-14-2007 by Ord. No. 2007-10]
Definition: an energy system which converts
solar energy to usable thermal, mechanical, chemical or electrical
energy to meet all or a significant part of a structure’s energy
requirements.
Solar energy systems are a permitted use in
all zoning districts.
Roof-mounted systems on the principal building
shall not be more than three feet higher than the finished roof to
which they are mounted. In no instance shall any part of the system
extend beyond the edge of the roof.
Ground-mounted systems and systems attached
to accessory buildings shall be not less than 10 feet from any side
or rear property line. Solar energy systems are prohibited in front
yards and shall not be located past the front wall of the principal
building.
Solar energy commercial operations are prohibited
as a principal use. These are systems whose main purpose is to generate
energy for sale back into the energy grid system, rather than being
consumed on site.
Ground-mounted solar energy systems shall not
be categorized as accessory buildings.
If solar energy systems are attached to accessory
buildings, the number of accessory buildings allowed shall be regulated
in accordance with the provisions set forth in the definition of "accessory
building."
The height of ground-mounted solar energy systems
and systems included on accessory buildings shall not exceed 12 feet
in height.
Zoning permits and construction permits are
required.
No more than 20% of a lot may be covered with
a solar energy system.
Ground-mounted systems shall be located on lots
of one acre or more.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
A line usually at an equal distance from both street lines
or right-of-way lines.
The lines upon which the width of the abutting street is
established, i.e., the property line and not the curbline.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A structure with footings that is a roofed, enclosed area
which may have siding, windows, screens, heating and air conditioning,
usually attached to or part of and with access to a principal building.
[Added 4-28-1999 by Ord. No. 1999-9]
A swimming club maintaining and operating a swimming pool
and apparatus and equipment pertaining to the swimming pool, with
or without specified limitations upon the number of members, for the
exclusive use of members and their guests.
A swimming pool and the apparatus and equipment pertaining
to the swimming pool maintained by an individual for the sole use
of his household and guests without charge for admission and not for
the purpose of profit or in connection with any business operated
for profit, located on a lot as an accessory use to a residence.
A function involved in the examination of the qualities,
performances or capabilities of a product, goods or material.
A licensed mortician concerned with the arrangement of cremation
or burial of the dead and the overseeing of burials.
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied,
or any activity, occupation, business or operation carried on in a
building or other structure on a tract of land.
An area used for the storage and display of used automobiles
advertised for sale, including motorcycles, trucks and any other motorized
vehicle.
The main or primary purpose or purposes for which land, a
structure, building and/or a sign, or use therefor, is designed, arranged
or intended or for which they may be occupied or maintained under
the this chapter. All other structures, buildings, signs or uses on
the same lot and incidental or supplementary thereto and permitted
under the this chapter shall be considered accessory uses.[3]
An open space extending between the closest point of any
building and a lot line or street line. All yard dimensions shall
be measured horizontally and at right angles to either a straight
street line, lot line or building facade or perpendicular to the point
of tangent of curved lines and facades.
The open space extending across the full width of a lot between
the street line and the building.
The open space extending across the full width of the lot
between the rear lot line and the building.
For corner lots, the yard facing one street shall be defined
as the front yard, and the yard facing the other street shall be defined
as a side yard. The rear yard shall be opposite the front yard. For
houses which are angled, the front yard shall be on both streets,
and the sides and rear shall be calculated as stipulated above.
The open space extending the full length of the side lot
lines.
Where the above definition for rear yards cannot be used
because the lot is irregularly shaped, the following method shall
apply: The required rear yard shall be measured by extending the line
of the side exterior walls and/or offsets in exterior walls of the
structure until such wall lines meet the minimum rear yard requirement.
The section of open space thus created shall be designated as the
rear yard.
[2]
Editor's Note: This ordinance also provided
for the repeal of the former definition of "school, private," which
immediately followed this definition.
[3]
Editor's Note: The definition of "wireless communication tower," added 8-13-1997 by Ord. No. 1997-10, which immediately followed this definition, was repealed 7-7-2008 by Ord. No. 2008-21. See now § 65-95.5. The definition of "warehouse," which immediately followed this definition, added 3-2-2022 by Ord. No. 2022-3, was repealed 4-20-2022 by Ord. No. 2022-6.
A.Â
General rules. Measurements from rights-of-way or
watercourses shall be taken from the edge of the right-of-way rather
than center.
B.Â
Specific area and bulk measurements. The following
regulations shall prescribe the manner in which distances are measured:
(1)Â
Land area: a two-dimensional computation using the
linear measurement of the boundary lines of the lot.
(2)Â
Building area: a two-dimensional computation using
the linear measurements of the exterior surface boundary lines taken
at the building's largest horizontal cross section.
(3)Â
Building length: The measurement shall be extended
in only one general direction.
(4)Â
Distance between buildings: The measurement shall
be at the narrowest point.
(5)Â
Highway access points: The measurement shall be taken
along the street line.
(6)Â
Parking perimeter radius: The measurement shall extend
from a public entranceway.
(7)Â
Setback line: The measurement shall extend perpendicular
to the street line.
(8)Â
Lot width on radius: For all lots fronting on a street
radius, the lot width will be measured at the setback line.
(9)Â
Lot sizes: In all districts, the minimum lot square
footage shall be adhered to, and one side line and the frontage must
conform to the minimum requirements.
