Unless otherwise stipulated within the Planning
and Zoning Ordinances of the Township, the following definitions shall
apply throughout:
A subordinate building or structure on the same lot with
a main building or a portion of the main building occupied or devoted
exclusively to an accessory use. Where an accessory building is attached
to a main building in a substantial manner by a wall or roof, such
accessory building shall be considered part of the main building.
The Township Manager for the Planning Board or the Zoning
Officer for the Zoning Board of Adjustment.
A change in the supporting members of a building; an addition
to or diminution of a building; a change in use from that permitted
in one zone district to a use permitted in another; a conversion of
a building or part thereof; or removal of a building from one location
to another.
A grouping of at least 100 dwelling units in one structure
which are attached one to the other by a common wall or ceiling horizontally
and vertically built in conformity with an approved development application.
[Added 6-25-1984 by Ord. No. 1984-11]
A garden apartment not exceeding 2 1/2 stories in height
and consisting of a total of not more than 30 apartment units, with
each containing not more than two nor less than one bedroom and designed
for residential occupancy for one family.
A suite of one or more rooms designed and used exclusively
as the residence or sleeping place of one or more persons or by one
family.
A dwelling having one kitchen and used for the purpose of
providing lodging, or both meals and lodging, for pay or compensation
of any kind, whether computed by day, week or month, to persons occupying
such dwellings, other than members of a family.
[Amended 6-13-2016 by Ord. No. 2016-18]
The requirements of this chapter regulating rear, side and
front yard setbacks; frontage and building line requirements; height
of structures; and lot coverage of structures.
This term shall have the same meaning as provided under N.J.S.A.
24:6I-33.
[Added 7-19-2022 by Ord.
No. 2021-10]
A facility involved in the growing and cultivating of cannabis,
and which has been duly issued a Class 1 cannabis cultivator license
by the New Jersey Cannabis Regulatory Commission, or its successor
agency.
[Added 7-19-2022 by Ord.
No. 2021-10]
Any person or entity providing courier services for consumer
purchases of cannabis items and related supplies fulfilled by a cannabis
retailer, and which has been duly issued a Class 6 cannabis delivery
license by the New Jersey Cannabis Regulatory Commission, or its successor
agency.
[Added 7-19-2022 by Ord.
No. 2021-10]
Any person or entity engaged in the intrastate transport
of bulk cannabis or cannabis items from one licensed cannabis cultivator
to another licensed cannabis cultivator, or from any one class of
licensed cannabis establishment to another class of licensed cannabis
establishment, and which has been duly issued a Class 4 cannabis distributor
license by the New Jersey Cannabis Regulatory Commission, or its successor
agency.
[Added 7-19-2022 by Ord.
No. 2021-10]
A facility involved in the manufacturing, preparation and
packaging of cannabis items, and which has been duly issued a Class
2 cannabis manufacturer license by the New Jersey Cannabis Regulatory
Commission, or its successor agency.
[Added 7-19-2022 by Ord.
No. 2021-10]
Any person or entity that purchases or otherwise obtains
cannabis or cannabis items from cannabis cultivators, manufacturers
or wholesalers, and sells these to consumers from a retail store,
and/or may use a cannabis delivery service or a certified cannabis
handler for the off-premises delivery of cannabis items and related
supplies to consumers and which has been duly issued a Class 5 cannabis
retailer license by the New Jersey Cannabis Regulatory Commission,
or its successor agency.
[Added 7-19-2022 by Ord.
No. 2021-10]
A facility involved in obtaining and selling cannabis items
for later resale by other licensees, and which has been duly issued
a Class 3 cannabis wholesaler license by the New Jersey Cannabis Regulatory
Commission, or its successor agency.
[Added 7-19-2022 by Ord.
No. 2021-10]
A vehicle defined by the Motor Vehicle and Traffic Laws of
the State of New Jersey (N.J.S.A. 39:1-1) as a truck, truck tractor,
trailer, farm tractor, pole trailer, omnibus, school bus or any other
type or style of vehicle that has a commercial registration, other
than an automobile pickup truck or a van-type vehicle smaller than
a parcel delivery van.
Ownership of two or more contiguous parcels of real property
by one person, or by two or more persons owning such property jointly,
as tenants by the entirety or as tenants in common.
A residence for the developmentally disabled, as more particularly
defined in N.J.S.A. 40:55D-66.1 et seq.
[Added 12-3-1979 by Ord. No. 1979-12; amended 6-22-1992 by Ord. No. 1992-5]
A lot at the junction of and having frontage on two or more
intersecting streets.
A building physically detached from other buildings or portions
of buildings, which is occupied or intended to be occupied for residence
purposes by one housekeeping unit and which has its own sleeping,
sanitary and general living facilities.
[Added 2-25-1991 by Ord. No. 1990-20A]
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 propriety interest in such land.
The lands required for the installation of storm water sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage, in accordance with N.J.S.A.
58:1.
[1]A building on one lot containing two dwelling units with
a closed partition between the units, with two independent means of
ingress and egress for each unit and with separate utilities for each
unit, including but not limited to water, sewer and electrical connections.
[Added 2-25-1991 by Ord. No. 1990-20A]
A building, or portion thereof, designed or used exclusively
as the residence or sleeping place to one or more persons, including
one-family, two-family and multiple dwellings, apartment-hotels and
boarding- and lodging houses, but not including motels, tourist cabins,
trailers, trailer courts or mobile homes.
A building and/or dwelling unit designed for and occupied
by one family.
[Added 12-11-1995 by Ord. 1995-21]
A room, or series of connected rooms, designed for permanent
residency, containing living, cooking, sleeping and sanitary facilities
for one housekeeping unit. The dwelling shall be self-contained and
shall not require the use of outside stairs, passing through another
dwelling unit or indirect route(s) to get to any portion of the dwelling
unit, nor shall there be shared facilities with another housekeeping
unit.
[Amended 6-25-1984 by Ord. No. 1984-11; 2-25-1991 by Ord. No. 1990-20A]
One or more persons occupying a dwelling unit, who are living
together as a stable and permanent living unit, being a traditional
family unit, or the functional equivalent thereof.
[Added 12-11-1995 by Ord. No. 1995-21]
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper county recording officer.
The area of all usable enclosed floors in a residential building.
The area of all floors in a building other than residential is the
gross floor space, that is, the exterior dimensions of the building
times the number of floors.
The vertical distance from the lowest ground elevation around
the foundation to the level of the highest point of the roof surface
if the roof is flat or, in the case of sloping roofs, to a point 1/2
the distance between the top of the uppermost plate and the highest
point of the roof.
A parcel of land which is or may lawfully be occupied by
one main building and accessory buildings, including the yards required
by this chapter. In the event that more than one plot or lot as set
forth on any map filed in the Burlington County Clerk's office or
lot as set forth on the present or future Assessment Maps of the Township
of Mount Holly is used, in part or in full, with one or more other
such plots or lots for the erection of a building and its accessories,
including yards required by this chapter, the aggregate of all such
plots or lots shall, for the purpose of this chapter, be deemed to
be one "lot."
The total square unit contents included within lot lines.
Any subdivision not classified as a minor subdivision.
A composite of the mapped and written proposals recommending
the physical development of the municipality which shall have been
duly adopted by the Planning Board.
Any subdivision containing not more than three lots fronting
on an existing street, not involving any new street or the extension
of municipal facilities or off tract improvements and not adversely
affecting the development of the remainder of the parcel or adjoining
property.
A building designed or occupied by two or more dwelling units.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a Zoning Ordinance
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a Zoning Ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a Zoning Ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
A map adopted in accordance with Article 5 of the Municipal
Land Use Law or any prior act authorizing such adoption.
A building designated for or occupied exclusively by one
family.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for public use whether
for a fee or as a service or privilege for clients, customers, suppliers
or residents.
Accommodations for off-street motor vehicle parking which
shall have an area of not less than 200 square feet per vehicle, exclusive
of access drives or aisles, and shall be a minimum of 10 feet in width
measured perpendicular to the axis of the length, with adequate provision
for ingress and egress to all parking spaces.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board approves
a plat, including performance bonds, escrow agreements and other similar
collateral or surety agreements.
A cluster of two or more apartment houses, townhouses or
single-family dwellings on a single lot or tract of land, designed
as a unified development with appropriate landscaping, common open
spaces, common maintenance and other common facilities and services.
The map of a subdivision.
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Municipal Clerk for Planning
Board consideration and tentative approval and meeting the requirements
of this chapter.
A detached accessory building or portion of a main building
used only for the storage of a passenger vehicle or vehicles and not
more than one commercial vehicle. Each bay in the garage shall not
exceed 12 inches by 20 inches.
Any building, premises or land in which or upon which a business,
service or industry involving the storage, maintenance, washing or
servicing of motor vehicles is conducted or rendered.
Uses owned and operated by an agency having general governmental
powers.
The agency of the Township of Mount Holly that is responsible
for the approval of the application for development under consideration.
The Township Manager of Mount Holly Township.
Includes every sign, billboard, ground sign, roof sign, sign
printed on the exterior surface of a building or structure or displayed
in a window thereof, illuminated sign, temporary sign, awning, banner
or canopy and shall include any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interest of any person or product when the same is placed out of doors
in view of the general public or in a window otherwise so placed as
to be visible from a street, public place or adjoining private property
in view of the general public.
Ownership by one person or by two or more persons, whether
jointly or as tenants by the entirety or as tenants in common, of
a separate parcel of real property not adjacent to the land in the
same ownership.
A development 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,
screening devices; and
Any other information that may be reasonably
required in order to make an informed determination pursuant to an
ordinance requiring review and approval of site plans by the Reviewing
Board.
The sketch map of a subdivision of sufficient accuracy to
be used for the purposes of discussion and classification and meeting
the requirements of this chapter.
A development consisting entirely of duplex dwelling units or a combination of single-family detached and duplex units found by the Planning Board to meet the standards elsewhere contained in § 149-93B. Apartments and townhouses are to be specifically excluded from a small planned duplex development.
[Added 2-25-1991 by Ord. No. 1990-20A]
Any street, avenue, boulevard, road, land, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway or a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action or a street or way 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, gutters, sidewalks, parking areas and other areas within
the street lines. For the purpose of this chapter streets shall be
classified as follows:
Through streets are those which carry traffic
from interior streets to the major system of arterial streets, including
the principal entrance streets of a residential development and streets
for circulation within such a development.
Interior streets are those which are used primarily
for access to abutting properties.
Marginal access streets are streets which are
parallel to and adjacent to arterial streets and highways and which
provide access to abutting properties and protection from through
traffic.
Alleys are minor ways which are used primarily
for vehicular service access to the back or the side of properties
otherwise abutting on a street.
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.
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
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; and
Conveyances so as to combine existing lots by
deed or other instrument.
The term "subdivision" shall also include the
term "resubdivision."
One of a series of more than one dwelling units which are
attached to other dwelling units horizontally by a common wall together
with individual rear and/or front yards designed as an integral part
of each unit, built in conformity with an approved development application.
[Added 6-25-1984 by Ord. No. 1984-11]
FRONT YARDAn open unoccupied space except by a use as hereinafter permitted extending across the full width of the lot between the front street line and the front line of the nearest building to such street line.
REAR YARDA space unoccupied, except by an accessory building or use as hereinafter permitted, extending across the full width of the lot between the rear line of any building, other than an accessory building, and the rear lot line.
SIDE YARDAn open unoccupied space except by a use as hereinafter permitted on the same lot with the building, between the building and the side lot line, extending from the front yard to the rear yard.
[1]
Editor's Note: Repealed by P.L. 1981, c. 262.
See N.J.S.A. 58:1A-1 et seq.
Whenever a term is used in this chapter which
is defined in P.L. 1975, c. 291,[1] such term is intended to have the meaning set forth in
the definition of such term found in said statute unless a contrary
intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
This chapter shall be known and may be cited
as the "Land Use Ordinance of Mount Holly Township."
Immediately upon adoption of this chapter, the
Municipal Clerk shall file a copy of this chapter with the County
Planning Board as required by law.
