Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
ABUTTING COUNTY ROAD
Any existing or proposed county road shown on the adopted
County Master Plan or Official Map which adjoins or lies within a
lot or parcel of land submitted for subdivision or site plan approval.
ACCESSORY HOME OFFICE
An office which is incidental and accessory to the single-family residence use and which is used only by the resident occupant of the premises for professional or business purposes, provided that it meets the criteria of §
95-37C and a zoning permit has been issued by the Township Zoning Officer.
[Added 4-19-1995 by Ord. No. 9-95]
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to the principal use of a
building or structure on the same zone lot and serving a purpose customarily
incidental to the use of the principal building. When an accessory
building is attached in a substantial manner by a roof to a principal
building or structure, it shall be considered a part of said principal
structure or roof.
ADMINISTRATIVE OFFICER
The Township Clerk, unless a different municipal official
or officials are designated by this chapter or the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.).
ADVERSE DRAINAGE CONDITION
Either the absence or presence of drainage facilities or
drainage easements in a drainageway leading to, along or through a
street, road, drainage structure or private property, either within
or exterior to a proposed subdivision or site plan, of such location,
size, design, construction or condition which will not provide adequately
for storm drainage or will cause flooding, erosion, silting or other
damaging effect to a street or road or drainage structure or private
property or threatens to damage private property as a result of such
adverse storm drainage condition.
ALLEY
A minor way which is used primarily for vehicular service
access to the back or the side of properties otherwise abutting on
a street.
AMP
An agricultural management practice recommended by the State
Agriculture Development Committee (SADC) and adopted pursuant to the
Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.
[Added 12-14-2011 by Ord. No. 37-11]
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical
treatment. Use as a kennel shall be limited to short-term boarding
and shall be incidental to such hospital use.
ANIMAL KENNEL
Any building, structure or premises in which animals are
kept, boarded, bred or trained for commercial gain.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
for approval of a subdivision plat, site plan, planned development,
conditional use, zoning variance or direction of the issuance of a
permit pursuant to this chapter.
APPROVED PLAN
A plan which has been approved by the Planning Board of the
Township of Morris or Board of Adjustment.
APPROVING AUTHORITY
The Planning Board, unless a different agency is designated
by ordinance when acting pursuant to the authority of this chapter.
AREA OF SPECIAL FLOOD HAZARD
That land in the floodplain subject to a one-percent or greater
chance of flooding in any year.
[Added 5-27-1981 by Ord. No. 20-81]
AUTOMOTIVE SERVICE STATION or GASOLINE STATION
A place where gasoline, kerosene or any other motor fuel
or lubricant, oil or grease for operating motor vehicles is offered
for sale to the public and deliveries are made directly into motor
vehicles, including sale of accessories, greasing, oiling and light
motor service on the premises.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
[Added 5-27-1981 by Ord. No. 20-81]
BASEMENT
A story partly above grade level having 1/2 or more of its
floor-to-ceiling height above the average level of the adjoining ground.
A basement shall be counted as a story if used for business or dwelling
purposes.
BLOCK
The area bounded by one or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in Chapter
95, Zoning, of the Code of the Township of Morris and as further specified herein.
BRIDGE
A structure having a clear span in excess of 20 feet, designed
to convey vehicles and/or pedestrians over a watercourse, railroad
or street, or any depression.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE
That area of a lot which is occupied by a building or structure,
but not including uncovered walkways, steps, patios or a parking lot
or area or any similar improvements thereto.
BUILDING HEIGHT
The maximum vertical dimension of a building or structure
as measured on a vertical line between the top of the roof and the
average finished grade of the surrounding land within 20 feet of the
structure. The average finished grade shall be computed as illustrated
below in Illustrations A, B and C. In no event, however, shall the maximum structure height
above the actual finished grade at any point exceed by 33 1/3%
the maximum permitted height in the zone. In the event of an addition
to a building or structure, only the average finished grade of the
land within 20 feet of the walls of the new addition shall be used
to determine the maximum permitted height.
[Amended 7-14-1982 by Ord. No. 20-82; 12-19-2012 by Ord. No. 21-12]
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the
site on which it is situated.
CARPORT
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides.
CELLAR
A story partly above grade level having more than 1/2 of
its floor-to-ceiling height below the average level of the adjoining
ground. A cellar shall not be used as a dwelling unit.
CERTIFICATION
A signed written statement by the appropriate officer that
specific construction, inspections or tests, where required, have
been performed and that such comply with the applicable requirements
of this chapter or regulations adopted.
CHANNEL
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
COMMERCIAL FARM
[Added 12-14-2011 by Ord. No. 37-11]
(1)
A farm management unit, as defined herein, of no less than five
acres producing agricultural or horticultural products worth $2,500
or more annually and satisfying the eligibility criteria for differential
property taxation pursuant to the Farmland Assessment Act of 1964,
N.J.S.A. 54:4-23.1 et seq.; or
(2)
A farm management unit, as defined herein, containing less than
five acres but producing agricultural or horticultural products worth
$50,000 or more annually and otherwise satisfying the eligibility
criteria for differential property taxation pursuant to the Farmland
Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
CONDITIONAL USE
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 Chapter
95, Zoning, or this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONVENTIONAL
Development other than planned development or cluster development.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
COURT
Any open, unoccupied area which is bounded by three or more
attached building walls.
CRITICAL AREA
A sediment-producing, highly erodible or severely eroded
area.
CULVERT
A structure designed to convey a watercourse under a driveway,
road, railroad or pedestrian walk, not incorporated in a closed drainage
system and having a clear span of 20 feet or less.
CUT
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
DEDICATION FOR ROAD PURPOSES
A dedication of land to the Township or county, whichever
is applicable, for the installation of utilities, construction, reconstruction,
widening, repairing, maintaining or improving said road and for the
construction, reconstruction or alteration of facilities related to
the safety, convenience or carrying capacity of said road, including
curbing, pedestrian walkways, drainage facilities and traffic control
devices.
DENSITY
[Added 12-28-1983 by Ord. No. 42-83]
(1)
GROSS DENSITYThe total number of dwelling units on the tract divided by the total area of the tract, including environmentally sensitive or restricted areas. The result is expressed as dwelling units per acre (du/ac).
(2)
NET DENSITYThe total number of dwelling units within a designated residential land use parcel divided by the total land area of the designated residential land use parcel less major recreational facilities, collector streets and public facilities within the parcel. The result is expressed as dwelling units per acre (du/ac).
DEPARTMENT
The State Department of Environmental Protection.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
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; land disturbance; and any use
or extension of use of land for which permission may be required pursuant
to this chapter.
DEVELOPMENT REGULATION
Zoning, subdivision, site plan, Official Map or other municipal
regulations of the use and development of land, or amendment thereto,
adopted and filed pursuant to the Municipal Land Use Law.
DIVERSION
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
DRIVE-IN RESTAURANT
An establishment where food and/or drink is served to and
consumed by customers while parked in an automobile on the premises.
[Amended 6-21-2023 by Ord. No. 11-23]
DRIVE-THROUGH RESTAURANT
An establishment where some or all of the food and/or
drink sold is served, from a window, to customers within vehicles
outside the confines of the building for consumption off the premises.
[Added 12-16-2020 by Ord. No. 28-20]
DWELLING
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons. Hotels,
motels, dormitories, fraternity or sorority houses, rooming houses
and/or boardinghouses and other similar group quarters and institutional
living space shall not constitute a dwelling as defined in this chapter.
(1)
DWELLING, ONE-FAMILYA building occupied or intended for occupancy exclusively for one family or one household with direct access from the outside and further provided with cooking, sleeping and sanitary facilities for the exclusive use of the occupants of the unit.
(2)
DWELLING, TWO-FAMILYA building occupied or intended for occupancy as separate living quarters for no more than two families or two households with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupant of each unit, which are separated from each other by vertical walls or horizontal floors, unpierced except for access to the outside or to a common basement or cellar.
(3)
DWELLING, MULTIFAMILYA building occupied or intended for occupancy as separate living quarters for more than two families or more than two households with direct access from the outside for each family or household or through a common hall, and further provided that separate cooking, sleeping and sanitary facilities are provided for the exclusive use of the occupants of each dwelling unit. Certain features of a multiple-family dwelling may be provided in common, including heating facilities, electric and gas service, off-street parking, yards and open space. Multiple-family dwellings may include buildings in cooperative or leasehold ownership or in condominium ownership.
DWELLING UNIT
One or more rooms, occupied or intended for occupancy as
separate living quarters by one family or household, provided that
access by no less than two means is provided from the outside or through
a common hall and that separate cooking, sleeping and sanitary facilities
are provided within the dwelling for the exclusive use of the occupants
thereof.
EMBANKMENT
A man-made or natural deposit of soil, rock or other materials.
EROSION
The detachment, movement or wearing away of land surface,
soil or rock fragments by water, wind, ice or gravity.
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground,
surface or overhead gas, electrical, steam or water transmission systems,
including poles, wires, mains, drains, sewers, pipes, conduits, cables,
fire alarm boxes, police call boxes, traffic signals, light stations,
telephone lines, hydrants and other similar equipment and accessories
herewith, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health, safety or general welfare. "Essential service"
shall include firehouses or stations and first aid and emergency aid
squads. Notwithstanding anything to the contrary elsewhere herein,
"essential service" shall not include essential service maintenance
facilities. Requirements for underground utilities shall be subject
to requirements of the New Jersey Board of Public Utilities, as well
as other municipal ordinances, where appropriate.
[Amended 4-15-2009 by Ord. No. 6-09]
ESSENTIAL SERVICE MAINTENANCE FACILITIES
Land, buildings and/or other structures used for the storage,
maintenance and/or repair of vehicles, equipment and/or supplies which
are used for the provision, construction, installation, maintenance,
repair and/or replacement of any essential service as defined in this
chapter.
[Added 4-15-2009 by Ord. No. 6-09]
EXCAVATION
The horizontal and vertical limits of an area from which
earth has been removed or will be removed by mechanical means.
EXISTING GRADE
The vertical location of the existing ground surface prior
to cutting or filling.
FAMILY
Any number of persons related by blood, marriage or adoption,
living together as a single housekeeping unit and using certain rooms
and housekeeping facilities in common. "Family" shall also include
foster children placed with a family in such dwelling by the Division
of Youth and Family Services or a duly incorporated child-care agency.
FARM
An area of land which is actively devoted to agricultural
or horticultural use which occupies no less than five acres, exclusive
of the land upon which the farmhouse is located and such additional
land as may actually be used in connection with the farmhouse as provided
in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11, except
that no livestock, poultry, fowl or other animals are maintained on
the premises for commercial gain except where incidental to the major
agricultural activity which meets the guidelines established by the
Division of Taxation.
FARM CONSERVATION PLAN
A plan which provides for use of land, within its capabilities
and treatment, within practical limits, according to chosen use, to
prevent further deterioration of soil and water resources.
FARM MANAGEMENT UNIT
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
[Added 12-14-2011 by Ord. No. 37-11]
FARM MARKET
A facility used for the wholesale or retail marketing of
the agricultural output of a commercial farm, and products that contribute
to farm income, except that if a farm market is used for retail marketing,
at least 51% of the annual gross sales of the retail farm market shall
be generated from sales of agricultural output of the commercial farm,
or at least 51% of the sales area of the farm market shall be devoted
to the sale of the agricultural output of the commercial farm, and
except that if a retail farm market is located on land less than five
acres in area, the land on which the farm market is located shall
produce annually agricultural or horticultural products worth at least
$2,500.
[Added 12-14-2011 by Ord. No. 37-11]
FILL
Sand, gravel, earth or other materials of any composition
whatsoever placed or deposited by any person or persons. Also see
"embankment."
FINAL APPROVAL
The official action of the Planning Board or Board of Adjustment
taken on a preliminary approved major subdivision or site plan after
all conditions, engineering plans and other requirements have been
completed or fulfilled and the required improvements have been installed
or guaranties properly posted for their completion, or approval conditioned
upon the posting of such guaranties.
FINISHED GRADE
The final grade or elevation of the ground surface conforming
to the proposed design.
FLOOD DAMAGE POTENTIAL
The susceptibility of a specific land use at a particular
location to damage by flooding and the potential of the specific land
use for increased off-site flooding or flood-related damages.
FLOOD HAZARD AREA
The floodplain, based on the total area inundated during
the flood of record or such area as can be demonstrated to be now
susceptible to inundation due to modifications to storage area or
improvements to the channel, whether said improvements or modifications
are upstream or downstream.
FLOOD HAZARD MAP
See "Flood Insurance Rate Map" (FIRM).
[Amended 12-12-1979 by Ord. No. 40-79; 5-27-1981 by Ord. No.
20-81]
FLOOD INSURANCE RATE MAP
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable.
[Added 5-27-1981 by Ord. No. 20-81]
FLOOD INSURANCE STUDY
The official report in which the Federal Insurance Administration
has provided flood profiles, surface elevation of the base flood and
the Flood Boundary — Floodway Map.
[Added 5-27-1981 by Ord. No. 20-81]
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land from the overflow of streams or the
unusual and rapid accumulation or runoff of waters from any source.
[Added 5-27-1981 by Ord. No. 20-81]
FLOODWAY
The channel of a river or watercourse and any adjacent land
areas that are required to discharge the base flood without cumulatively
increasing the water surface elevation by more than 0.2 foot.
[Amended 5-27-1981 by Ord. No. 20-81]
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors
of a building, measured from the exterior walls, but excluding any
areas devoted to or used solely for off-street parking and loading.
[Added 4-11-1979 by Ord. No. 4-79]
FLOOR AREA, NET
The gross floor area of all floors in the structure, excluding
those floors devoted to parking, minus 10%.
[Added 4-11-1979 by Ord. No. 4-79]
FLOOR AREA RATIO
The ratio of the net floor area as defined herein divided
by the total gross tract area.
[Added 4-11-1979 by Ord. No. 4-79]
FLY ASH
Particles of a gasborne matter, not including process material,
arising from the combustion of solid fuel, such as coal or wood.
GARAGE
A building or structure used for the storage of one or more
vehicles. If it is maintained for the resident occupant of the premises
and no service is rendered to the public or business conducted therein,
it is a private garage. Any garage other than a private garage is
a public garage.
GENERAL DEVELOPMENT PLAN
A comprehensive plan for the development of a planned development,
as provided in Section 4 of P.L. 187, c. 129 (N.J.S.A. 40:55D-45.2).
[Added 10-1-2012 by Ord. No. 13-12]
GOVERNMENT AGENCY
Any department, commission, independent agency or instrumentality
of the United States and of the State of New Jersey, and any county,
city, township, village, authority, district or other governmental
unit.
GRADING
Any stripping, cutting, filling, stockpiling or any combination
thereof, and shall include the land in its cut or filled condition.
GRADING PERMIT
A permit issued to authorize work to be performed under this
chapter.
GRASSED WATERWAY
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses used to conduct surface water
from a field, diversion or other site feature.
HABITABLE FLOOR
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking and/or recreation. A floor used only for
storage or mechanical equipment is not a habitable floor.
[Added 5-27-1981 by Ord. No. 20-81]
HAZARDOUS MATERIALS
Includes but is not limited to inorganic mineral acids of
sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium
and arsenic and their common salts; lead, nickel and mercury and their
inorganic salts or metallic-organic derivatives; and coal tar acids,
such as phenols and cresols and their salts.
HISTORIC SITE
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so designated pursuant
to the New Jersey Municipal Land Use Law.
HOTEL, MOTOR HOTEL or MOTEL
A building designed for occupancy as a temporary residence
of one or more persons who are lodged with or without meals.
HOUSEHOLD
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, who are living together as a bona fide,
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
IMPERVIOUS SURFACE
Any ground cover which reduces the rate of absorption of
stormwater into undeveloped land. Ground cover shall consist of buildings,
structures, paving, artificial coverings and swimming pools. Retention
and detention basins and dry wells allowing water to percolate directly
into the ground shall not be considered as impervious surfaces.
IMPROVED LOT COVERAGE
That portion of one or more than one lot which is improved
or is proposed to be improved with principal and accessory buildings
and structures, including driveways, parking lots, pedestrian walkways,
signs and other man-made improvements on the ground surface.
IN-HOME BUSINESS OFFICE
The office of a salesperson, accountant, auditor, stock, commodities or real estate broker, bookkeeper, consultant, computer programmer or person of like occupation or business, which office is located within the residence of the business person; a conditional use permit and site plan approval by the Planning Board shall be required. No goods or products shall be manufactured, stored or sold on the premises. In-home business offices shall be service businesses only and shall meet the criteria of §
95-37C.
[Added 4-19-1995 by Ord. No. 9-95]
IN-HOME PROFESSIONAL OFFICE
The office of a physician, dentist, psychologist, lawyer, architect, landscape architect, engineer, planner or land surveyor or person of like profession who holds a professional license to practice within the State of New Jersey, which office is located within the residence of the professional practitioner; a conditional use permit and site plan approval by the Planning Board shall be required. Every in-home professional office shall meet the criteria of §
95-37C.
[Added 4-19-1995 by Ord. No. 9-95]
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey, and, in the case of a civil proceeding in
any court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter or whose right to use, acquire or
enjoy property under this chapter or under any other law of this state
or of the United States has been denied, violated or infringed by
an action or a failure to act under this chapter.
JUNKYARD
The use of any area, lot, parcel, building or structure for
the storage, sale, processing or abandonment of junk, including scrap
metal and other materials, or for the dismantling, demolition or abandonment
of any inoperable mechanical equipment, machinery or vehicles or parts
thereof. "Junkyard" shall not include the storage of materials for
processing of discarded or salvaged materials as part of a permitted
industrial operation on the same premises.
LAND
Includes improvements and fixtures on, above or below the
surface and includes ground, soil or earth, including marshes, swamps,
drainageways and areas not permanently covered by water within the
municipality.
LAND DISTURBANCE
Any activity involving clearing, grading, transporting, filling
and any other activity which causes land to be exposed to the danger
of erosion.
LIVESTOCK
Domesticated animals raised in an agricultural environment
to produce commodities such as food and fiber or to perform labor
or other services.
[Added 12-14-2011 by Ord. No. 37-11]
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A street passing through land shall be considered
as having divided the land into lots. A building lot shall be one
having such open spaces, minimum frontage and width as required by
this chapter and fronting on an approved federal, state, county or
Township street.
(1)
LOT, CORNERA parcel of land either at the junction of and abutting on two or more intersecting roads or abutting a single road at the point where the road tangents deflect by more than 45°.
(3)
LOT, THROUGHA parcel of land which extends through from one road to another.
LOT AREA
The computed area contained within the lot lines, but not
including any road rights-of-way.
LOT DEPTH
The average of the horizontal distances between the front
lot line and the rear lot line, measured perpendicular to the front
lot line at either end and at the midpoint of the front lot line.
LOT LINE
A line of record bounding the lot.
(2)
LOT LINE, REARThe lot line opposite and most distant from the front lot line, or the point at which the two side lot lines meet, as the case may be.
(3)
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a road is called a "side road lot line."
LOT WIDTH
The distance between the side lot lines measured at the front
lot line, at the minimum front yard setback line and for a distance
of 40 feet to the rear of the minimum front yard setback line.
[Amended 6-24-1981 by Ord. No. 21-81]
LOWER-INCOME HOUSEHOLD
The income eligibility limits for a household designated
as low and very low contained in HUD Section 8, Rental Assistant Program
Income by Family Size, for the appropriate housing region for various
size households, or other generally accepted state or federal agency
standards.
[Added 12-28-1983 by Ord. No. 42-83]
LOWER-INCOME HOUSING
Those dwelling units which are affordable to purchase or
rent by a lower-income household using not more than 25% of the family
income.
[Added 12-28-1983 by Ord. No. 42-83]
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by this
chapter.
MASTER PLAN
A composite of the mapped and written proposals recommending
the physical development of the Township of Morris which shall have
been duly adopted by the Planning Board.
MAYOR
The chief executive of Morris Township.
MINOR SUBDIVISION
A subdivision of land for the creation of not more than three
lots, including the remaining lot or parcel, provided that such subdivision
does not involve a planned development, any new street, or the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42.
[Amended 2-13-1980 by Ord. No. 4-80]
MULCHING
The application of plant or other suitable materials on the
soil surface to conserve moisture, hold soil in place and aid in establishing
plant cover.
MUNICIPAL AGENCY
The Planning Board of the Township of Morris, the Board of
Adjustment of the Township of Morris, the governing body of the Township
of Morris when acting in such capacity pursuant to N.J.S.A. 40:55D-1
et seq. and any agency created by or responsible to the municipality
when such agency is acting pursuant to the Municipal Land Use Law.
[Added 9-18-1996 by Ord. No. 20-96]
NONCONFORMING BUILDING
A building which does not conform to one or more of the regulations
of this chapter for the zone in which it is located.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter but fails
to conform to the requirements of the zoning district in which it
is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter
but which fails to conform to the requirements of the zoning district
lot in which it is located by reason of such adoption, revision or
amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter but which fails to conform to
the requirements of the zoning district in which it is located by
reason of such adoption, revision or amendment.
NURSERY SCHOOL
A school designed to provide daytime care or instruction
for two or more children from two to six years of age, inclusive,
and operated on a regular basis.
NURSING HOME
A building providing shelter and/or supplemental health care
for the elderly or infirmed and meeting the standards of the New Jersey
State Department of Human Services to operate as a nursing home.
OBSTRUCTION
Includes but is not limited to any structure, fill, excavation,
channel modification, rock, gravel, refuse or matter in, along, across
or projecting into any channel, watercourse or flood hazard area which
may impede, retard or change the direction of the flow of water, either
in itself or by catching or collecting debris carried by such water,
or that is placed where the flow of water might carry the same downstream
to pose a danger to life or property.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted in accordance with the Municipal Land Use Act, or any prior act authorizing such adoption, which map
shall be deemed to be conclusive with respect to the location and
width of the streets, public parks and playgrounds and drainage rights-of-way
shown thereon.
OFFICIAL SOILS INTERPRETATION
The interpretations of the soils described in the Morris
County Soil Survey of the National Cooperative Soil Survey of the
Natural Resources Conservation Service, United States Department of
Agriculture, published by the County Soil Conservation District and
adopted by resolution of the Morris County Planning Board.
OFFICIAL SOILS MAP
The individual map sheets that are part of the Morris County
Soil Survey of the National Cooperative Soil Survey of the Natural
Resources Conservation Service, United States Department of Agriculture,
published by the County Soil Conservation District and adopted by
resolution of the Morris County Planning Board.
OFF-SITE
Located outside the lot lines of the lot in question but
within the property of which the lot is a part which is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN PORCH
A covered area attached to an entrance to a dwelling, not
enclosed by walls, glass, screens or otherwise except for columns
and/or railings which are no less than 50% open.
[Added 12-18-2019 by Ord. No. 29-19]
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 or enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such area may be improved with only those buildings, structures, streets, and off-street parking and other improvements that are designated to be incidental to the natural openness of the land or are expressly permitted within the open space by the terms of Chapter
95, Zoning.
[Amended 10-1-2012 by Ord. No. 13-12]
OWNER
An individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to develop
the same under this chapter.
PARABOLIC SATELLITE ANTENNA
Any apparatus which is designed for the purpose of receiving
television, radio, microwave, satellite or similar signals and which
is characterized by a round dish-type structure.
[Added 4-23-1986 by Ord. No. 6-86]
PARKING AREA, PRIVATE
Any open space used for the temporary storage of automobiles
and other vehicles for the private use of the owners or occupants
of the lot on which the area is located.
PARKING AREA, PUBLIC
Any open area, other than a road or other public way, used
for the temporary storage of automobiles and other vehicles and available
to the public, whether for a fee or without compensation or as an
accommodation for clients, customers and employees.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under this chapter.
PERCOLATION TEST
A test designed to determine the ability of ground to absorb
water.
PERFORMANCE GUARANTY
Any security which may be accepted by the Township, whether
the same be in the form of cash, performance bond or unconditional,
irrevocable letter of credit or any combination of the same, as hereinafter
set forth.
[Amended 4-9-1980 by Ord. No. 15-80]
PERMIT
A certificate issued to perform work under this chapter.
PERMITTED USE
Any use which shall be allowed, subject to the provisions
of this chapter.
PERMITTEE
Any person to whom a permit is issued in accordance with
this chapter.
PERSON
Corporations, companies, associations, societies, firms,
partnerships and joint-stock companies, as well as individuals, the
state and all political subdivisions of the state or any agencies
or instrumentalities thereof.
PESTICIDE
Any substance or mixture of substances labeled, designed,
intended for or capable of use in preventing, destroying, repelling,
sterilizing or mitigating any insects, rodents, nematodes, predatory
animals, fungi, weeds and other forms of plant or animal life or viruses,
except viruses on or in living man or other animals. The term "pesticide"
shall also include any substance or mixture of substances labeled,
designed or intended for use as a defoliant, desiccant or plant regulator.
PICK-YOUR-OWN OPERATION
A direct-marketing alternative wherein retail or wholesale
customers are invited onto a commercial farm in order to harvest agricultural,
floricultural, or horticultural products.
[Added 12-14-2011 by Ord. No. 37-11]
PLACE OF ASSEMBLY
A building or space intended for 50 or more persons to gather
therein for political, social, recreational or entertainment purposes,
whether for the purpose of financial gain or not, but not including
a place of worship or a public or private school.
[Added 10-21-2020 by Ord.
No. 20-20]
PLACE OF WORSHIP
A church, synagogue, temple, mosque or other space that is
used for prayer and/or other religious observances and that is architecturally
designed and particularly adapted for the primary use of conducting
religious services on a regular basis, together with accessory uses
customarily associated therewith, including, but not limited to facilities
for the following: educational and/or religious instruction; child
care; after school learning; ceremonies, special events and similar
functions; workshops and study/support groups; living quarters for
the religious leader; and living quarters for members of the religious
order.
[Added 10-21-2020 by Ord.
No. 20-20]
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size as specified by this
chapter to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both, and other uses incidental to the
predominant use as may be permitted by this chapter.
PLANNED DEVELOPMENT
Residential cluster, planned commercial development or planned
industrial development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous size as specified by this
chapter to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
uses and any other uses incidental to the predominant use as may be
permitted by this chapter.
PLANNED RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters, which may include public
or quasi-public uses, all primarily for the benefits of the residential
development. Several proximate noncontiguous tracts may be included
in a planned residential development, provided that a single general
development plan application is filed for all the tracts and further
provided that all such noncontiguous parcels are connected by Township,
county or other public land available for use by the residents of
the development.
[Added 12-28-1983 by Ord. No. 42-83]
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in Chapter
95, Zoning.
[Added 10-1-2012 by Ord. No. 13-12]
PLAT
A map or maps of a subdivision or site plan.
PLAT, FINAL
The final map of all or a portion of a subdivision or site
plan which is presented to the Planning Board for final approval in
accordance with this chapter.
PLAT, PRELIMINARY
The preliminary map indicating the proposed layout of the
subdivision or site plan which is submitted to the Planning Board
for consideration and preliminary approval.
PLAT, SKETCH
The sketch map of a subdivision or site plan of sufficient
accuracy to be used for the purpose of discussion and classification.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Parts 3 and 4
of this chapter prior to final approval after specific elements of
a development plan have been agreed upon by the Planning Board and
the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
PROFESSIONAL ENGINEER
An engineer duly licensed or otherwise authorized by the
State of New Jersey to practice in the field of civil engineering.
PROHIBITED USE
Any use which shall not be allowed under any circumstances.
PUBLIC AREAS
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated 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 to safeguard the public against flood damage, sedimentation
and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
Township or a Township agency, board of education, state or county
agency or other public body for recreational or conservational uses.
RAINFALL EXCESS
The portion of rainfall which becomes direct surface runoff.
REGULATED GRADING
Any grading performed with the approval of and in accordance
with criteria established by the Township Engineer.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
RESTAURANT
An establishment where food and/or drink are prepared and
served and where some or all of the consumption takes place within
the confines of the building.
[Added 6-21-2023 by Ord. No. 11-23]
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 establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
REVIEWING BODY
The Planning Board, except where otherwise required by N.J.S.A.
40:55D-1 et seq.
[Added 12-28-1983 by Ord. No. 42-83]
RIGHTS OF DISCHARGE
A legally recordable instrument granting to the developer
the right to discharge collected waters upon lands exterior to the
development.
ROOMING HOUSE
A dwelling unit containing rooms for rent providing lodging
and/or boarding of individuals.
SADC
The State Agriculture Development Committee of the New Jersey
Department of Agriculture.
[Added 12-14-2011 by Ord. No. 37-11]
SCHOOLS, PUBLIC OR PRIVATE
Schools through grade 12 providing primary and secondary
education in subjects and classes meeting the requirements of the
State Compulsory Education laws.
[Added 10-21-2020 by Ord.
No. 20-20]
SEDIMENT
Solid material, both mineral and organic, that is in suspension
and is being transported or has been moved from its site of origin
by water, ice, wind, gravity or other natural means as a product of
erosion.
SEDIMENT BASIN
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel or silt or other material.
SEDIMENT POOL
The reservoir space allotted to the accumulation of submerged
sediment during the life of the structure.
SHOPPING CENTER
Two or more retail commercial establishments located in one
building or structure designated as a planned commercial development
as defined herein.
SIGHT TRIANGLE
A triangular-shaped portion of land established at intersections
in accordance with the requirements of this chapter, in which nothing
shall be erected, placed, planted or allowed to grow in such a manner
as to obstruct vision between a height of two feet and 10 feet above
the center-line grade of either street. The Township shall have the
right of entry to remove any visual obstructions not conforming to
the standards of this definition, following due notice to the property
owner.
SIGN
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity,
service or other facility conducted, sold or offered elsewhere than
on the premises where the sign is located.
SIGN, BUSINESS
A sign which directs attention to a business, commodity,
service or other facility conducted, sold or offered upon the premises
where such sign is located or to which it is affixed.
SIGN, FLASHING
A sign in which the artificial light is not maintained constant
in intensity, color or frequency at all times when such sign is in
use.
SILTATION (DETENTION OR RETENTION) BASIN
A temporary or permanent facility designed in accordance
with standards of the applicable federal, state, county or municipal
agencies to collect silt and eroded soil from the area of a development
and/or to retain stormwater runoff.
SITE
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
SITE PLAN
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
and screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter requiring review and approval of site plans by the Planning
Board or Board of Adjustment, as the case may be.
SLOPE
Degree of deviation of a surface from the horizontal, usually
expressed in percent or degree.
SOIL
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock which can be readily excavated.
SOIL CONSERVATION DISTRICT
A governmental subdivision of this state which encompasses this municipality, organized in accordance with the provisions of Chapter
23, Title 4 (N.J.S.A. 4:24-1 et seq.).
SOIL ENGINEER
A professional engineer who is qualified by education and
experience to practice applied soil mechanics and foundation engineering.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be at least equivalent to the standards and specifications adopted
by the Morris County Soil Conservation District.
STANDARDS OF PERFORMANCE
Standards adopted by this chapter regulating noise levels,
glare, earthborne or sonic vibrations, heat, electronic or atomic
radiation, noxious odors, toxic matters, explosive and inflammable
matter, smoke and airborne particles, waste discharge, screening of
unsightly objects or conditions and such other similar matter as may
be reasonably required by the Township or standards required by applicable
federal or state laws or municipal ordinances.
STORMWATER DETENTION
Any storm drainage technique which retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop
storage, porous pavement, dry wells or any combination thereof.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between the floor and the ceiling
next above it.
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than four feet above the floor of such story.
STREET
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 this chapter,
or which 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,
and may comprise pavement, shoulders, gutter, curbs, sidewalks, parking
areas and other areas within the street lines.
(1)
STREET, ARTERIALA street which is used primarily for fast or heavy traffic as designated on the sector plan maps of the Master Plan of the Township of Morris.
(2)
STREET, MAJOR COLLECTORA street or segment thereof which conducts and distributes traffic between arterial streets.
[Amended 7-20-1994 by Ord. No. 14-94]
(3)
STREET, MINOR COLLECTORA street which conducts and distributes traffic between lower-order residential local streets and an arterial street.
[Amended 7-20-1994 by Ord. No. 14-94]
(4)
STREET, LOCALA street which is used primarily for access to the abutting properties.
(5)
STREET, MARGINAL ACCESSA street which is parallel to and adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic.
STRIPPING
Any activity which removes or significantly disturbs the
vegetation surface cover, including clearing and grubbing operations.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land or water, including but not limited to building,
paving, dams, levees, bulkheads, dikes, jetties, embankments, wharves,
piers, docks, landings, obstructions, pipelines, causeways, culverts,
roads, railroads, bridges and the facilities of any authority, utility,
municipality, county, state or other governmental agency.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created: divisions
of land found by the Planning Board or Subdivision Committee thereof
appointed by the Chairperson to be for agricultural purposes where
all resulting parcels are five acres or larger in size; divisions
of property by testamentary or intestate provisions; divisions of
property upon court order, including but not limited to judgments
of foreclosure; consolidation of existing lots by deed or other recorded
instrument; and the conveyance of one or more adjoining lots, tracts
or parcels of land, owned by the same person or persons and all of
which are found and certified by the Administrative Officer to conform
to the requirements of the municipal development regulations and are
shown and designated as separate lots, tracts or parcels on the Tax
Map or Atlas of the municipality. The term "subdivision" shall also
include the term "resubdivision."
[Amended 2-13-1980 by Ord. No. 4-80]
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairperson of the Board for the purpose of reviewing subdivisions
and site plans in accordance with the provisions of this chapter.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 1/2 of the market value of the
structure either prior to the start of repair or, if the structure
has been damaged, prior to the damage. "Substantial improvement" shall
include any and all alterations, whether or not they affect the exterior
dimensions. Excluded herefrom are any improvements of a structure
to correct any state or local health, sanitary or safety code violations
solely necessary to assure safe living conditions or alterations of
structures listed in a state or national register of historic places.
[Added 5-27-1981 by Ord. No. 20-81]
SUPPLEMENTARY APARTMENT
A dwelling unit contained within an existing, single-family detached structure and which meets the requirements of a supplementary apartment as set forth in Chapter
95, Zoning.
[Added 2-22-1984 by Ord. No. 2-84]
TOPSOIL
The surface soil and soil material to a depth of six inches
tillage, its equivalent in cultivated soil or the original or present
"A" horizon plus "B" horizon if in the top six inches, as defined
by the National Cooperative Soil Survey of the United States Department
of Agriculture, before its removal or displacement for any purposes
whatsoever during the course of land development or improvement; topsoil
shall be capable of supporting vegetation indigenous to the area.
TOWNHOUSE
A building designed for or occupied by no more than one family
or household and attached to other similar buildings or structures
by party walls extending from the foundation to the roof and providing
two direct means of access from the outside and provided with separate
cooking, sleeping and sanitary facilities and separate facilities
for electric service, heating facilities and gas service. For the
purpose of this chapter, "townhouse" may include a building in fee
simple, condominium or cooperative ownership or any combination thereof.
TOWNHOUSES, STACKED
A building or structure consisting of segments that:
[Added 9-13-2018 by Ord.
No. 24-18]
(1)
Have the appearance from the exterior of conventional townhouses
but unlike conventional townhouses may have portions of dwelling units
underneath, above or to the side of other dwelling units; and
(2)
Are designed for or occupied by no more than two families or
households, and
(3)
Are attached to other similar segments by party walls extending
from the foundation to the roof.
TRACT
An area of land composed of one or more lots having sufficient
dimension and area to make one development meeting the requirements
of this chapter for the use(s) intended. It may include environmentally
sensitive lands.
[Added 12-28-1983 by Ord. No. 42-83]
TRAILER
A vehicle used for living or sleeping purposes and standing
on wheels or on rigid supports. No trailer may be used as a residence
in any zone of the Township of Morris.
USE
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
VARIANCE
Permission to depart from the literal requirements of Chapter
95, Zoning, and this chapter.
VEGETATION PROTECTION
Stabilization of erosive or sediment-producing areas by covering
the soil with permanent seeding, producing long-term vegetation cover;
short-term seeding, producing temporary vegetation cover, or mulching;
or sodding, producing areas covered with a turf of perennial sod-farming
grass.
VEHICULAR SALES AREA
An open area, other than a right-of-way or public parking
area, used for display, sale or rental of new or used vehicles in
operable condition and where no repair work is done.
WATER BODY
Any natural or artificial collection of water, whether permanent
or temporary.
WATER-CARRYING CAPACITY
Ability of a channel or floodway to transport flow as determined
by its shape, cross-sectional area, bed slope and coefficient of hydraulic
friction.
WATERCOURSE
Any natural or artificial watercourse, stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, and which has a definite channel,
bed and banks, and shall include any area adjacent thereto subject
to inundation by reason of overflow or floodwater.
WIRELESS TELECOMMUNICATIONS ANTENNA (WT ANTENNA)
Any antenna designed and/or used to transmit or receive wireless
telecommunications as part of any wireless telecommunications service.
The term "WT antenna" shall include all structures used to mount the
antenna to a building, tower or other structure.
[Added 3-5-2003 by Ord. No. 2-03]
WIRELESS TELECOMMUNICATIONS EQUIPMENT (WT EQUIPMENT)
Any transmitters, power sources or other equipment used to
facilitate the transmitting and/or receiving of wireless telecommunications
as part of any wireless telecommunications service; provided, however,
that "WT equipment" shall not include WT antennas, WT towers, hardwire
connections between WT antennas and WT equipment or wireless telecommunications
handsets.
[Added 3-5-2003 by Ord. No. 2-03]
WIRELESS TELECOMMUNICATIONS FACILITIES (WT FACILITIES)
Facilities designed and/or used to provide any wireless telecommunications
service or house any wireless telecommunications equipment. "WT facilities"
shall include, but not be limited to, WT antennas, WT towers, WT equipment
and the buildings and/or structures which house such equipment.
[Added 3-5-2003 by Ord. No. 2-03]
WIRELESS TELECOMMUNICATIONS SERVICES (WT SERVICES)
Any "personal wireless services" as defined in Section 704
of the Telecommunications Act of 1996, as that term may hereafter
be interpreted and/or amended from time to time. "WT services" shall
not include amateur radio transmission or reception facilities owned
and operated by a federally licensed amateur radio station operator.
YARD
An open space which lies between the principal or accessory building or buildings and the nearest lot line, unoccupied and unobstructed from the ground upward, except as permitted in this chapter or Chapter
95, Zoning.
(1)
YARD, MINIMUM FRONTAn open space extending the full width of the lot, measured from and at right angles to the front lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter or Chapter
95, Zoning.
(2)
YARD, MINIMUM REARA yard extending across the full width of the lot measured from and at right angles to the rear lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter or Chapter
95, Zoning. Parking shall be permitted in all rear yards only in accordance with the regulations and standards set forth in this chapter and Chapter
95, Zoning.
(3)
YARD, MINIMUM SIDEAn open, unoccupied space measured from and at right angles to the side lot line of the lot and extending from the minimum front yard to the minimum rear yard, except as may be specified elsewhere in this chapter or Chapter
95, Zoning. Parking shall be permitted in all side yards in accordance with the regulations and standards of this chapter and Chapter
95, Zoning.
ZONING PERMIT
A document signed by the Zoning Officer which is required by this chapter or Chapter
95, Zoning, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of Chapter
95, Zoning, this chapter or variance therefrom duly authorized pursuant to statute and/or ordinance.