This chapter and its supplements and amendments
shall be known as the "Zoning Ordinance of the Borough of Tuckerton."
A.
This chapter is adopted for the purpose of dividing
the Borough into zones, restricting and regulating therein the location,
erection, construction, reconstruction, alteration, and use of buildings,
structures and land for trade, business, residence and other specified
uses; to regulate the intensity of the use of lot areas and to regulate
and determine the area of open spaces surrounding such buildings;
to establish building lines and the location of buildings designed
for specified business, residential and other uses within such areas;
to fix standards to which buildings or structures shall conform therein;
to prohibit uses, buildings or structures incompatible with the character
of such zones, respectively; to prevent additions to and alterations
or remodeling of existing buildings or structures in such a way as
to avoid the restrictions and limitations lawfully imposed hereunder;
to limit congestion in the public streets by providing for the off-street
parking and loading of vehicles; providing for the gradual elimination
of nonconforming uses of land, building and structures; and prescribing
penalties for the violation of the chapter; to lessen congestion in
the streets; to secure safety from fire, panic and other dangers;
to provide adequate light and air; to prevent the overcrowding of
land; to conserve the taxable value of land and buildings throughout
the Borough; and to promote the public health, safety and general
welfare.
B.
This chapter is adopted pursuant to the authority
of the Municipal Land Use Law, Chapter 291, Laws of New Jersey, 1975,
N.J.S.A. 40:55D-1 et seq.
In their interpretation, the provisions of this
chapter shall be held to be minimum requirements. It is not the intent
of this chapter to abrogate any permit previously issued pursuant
to law relating to the use of buildings or land; nor shall it be interpreted
to interfere with the provisions of existing codes, laws or ordinances
regarding building construction, health, safety or sanitation, or
with any private restrictions placed upon a property by covenant or
deed; provided, however, that where this chapter requires a greater
width or size of lot or of yards or other open spaces, or requires
a lesser height, bulk or ground coverage for buildings, or in general
imposes restrictions greater than those required in another law or
local ordinance or regulation the provisions of this chapter shall
govern.
This chapter establishes definitions to be utilized
in conjunction with the ordinances of the Borough of Tuckerton.
A.
Word usage. For the purpose of this chapter, certain
terms and words are hereby defined; words used in the present tense
shall include the future; words used in the singular number shall
include the plural number, and the plural the singular; the word "building"
shall include the word "structure"; the word "lot" shall include the
word "plot"; and the word "shall" is mandatory and not directory.
B.
ACCESSORY USE OR BUILDING
ACREAGE
ADMINISTRATIVE OFFICER
ALTERATION
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
AUTOMOBILE SALES AGENCY
AUTOMOBILE SERVICE STATION
AUTOMOTIVE REPAIR SHOP
BASEMENT
BASIC GRADE
BED-AND-BREAKFAST
BOARDINGHOUSE
BOARD OF ADJUSTMENT
BREEZEWAY
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING LINE
CAPITAL IMPROVEMENT
CELLAR
CERTIFICATE OF OCCUPANCY
CIRCULATION
COMMON OPEN SPACE
CONDITIONAL USE
CONVENTIONAL
COUNTY MASTER PLAN
COUNTY PLANNING BOARD
DAYS
DEVELOPER
DEVELOPMENT
DEVELOPMENT REGULATION
DRAINAGE
DRIVEWAY
DWELLING
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EFFICIENCY APARTMENTS
ENCROACHMENT LIMITS
ENVIRONMENTAL COMMISSION
EROSION
FAMILY
FINAL APPROVAL
FIRST FLOOR AREA
FLOATING HOME
FLOATING HOME MARINA
FLOOD HAZARD AREA
FLOODPLAIN
FLOODWAY
FLOOR AREA RATIO
GARAGE, PRIVATE
GOVERNING BODY
GRADE, FINISHED
GROSS FLOOR AREA
(1)
(2)
(3)
(4)
GUEST HOUSE
HABITABLE AREA OR ROOM
HISTORIC SITE
HOME OCCUPATION
HOTEL
HOUSEBOAT
IMPROVED STREET
INTERESTED PARTY
LAND
LOT
LOT, CORNER
LOT COVERAGE
LOT FRONTAGE
LOT, INTERIOR
LOT, THROUGH
LOT WIDTH
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MARINA
MASTER PLAN
MAYOR
MINOR SUBDIVISION
MOTEL
MULTIPLE-DWELLING GROUP
MUNICIPALITY
MUNICIPAL AGENCY
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFFICIAL COUNTY MAP
OFFICIAL MAP
OFF SITE
OFF TRACT
ON SITE
ON TRACT
OPEN SPACE
PARKING SPACE
PARTY IMMEDIATELY CONCERNED
PERFORMANCE GUARANTY
PLANNING BOARD
PLAT
PRELIMINARY APPROVAL
PRELIMINARY FLOOR PLANS AND ELEVATIONS
PROFESSIONAL OFFICE
PUBLIC AREAS
PUBLIC DEVELOPMENT PROPOSAL
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
QUORUM
RESIDENTIAL CLUSTER
RESIDENTIAL DENSITY
RESUBDIVISION
ROOMING HOUSE
SCREENING STRIP/BUFFER
SEDIMENTATION
SETBACK LINE
SIGN
SIGN, ADVERTISING
SIGN AREA
SIGN, DIRECTIONAL
SIGN, FREESTANDING PREMISES
SIGN, PREMISES OR POINT OF SALE
SIGN, PROJECTING
SIGN, WALL
SIGN, WINDOW
SITE PLAN
(1)
(2)
(3)
STANDARDS OF PERFORMANCE
(1)
(2)
STORY
STREET
STREET LINE
STRUCTURE
SUBDIVISION
USE
VARIANCE
YARD, FRONT
YARD, REAR
YARD, SIDE
Terms defined. As used in this chapter, the following
terms shall have the meanings indicated:
A subordinate building or use which is located on the same
lot on which the main building or use is situated and which is reasonably
necessary and incidental to the conduct of the primary use of such
building or main use.
Any tract or parcel of land which has not been subdivided
and plotted.
The Secretary of the Planning Board.
As applied to a building or structure, a change or rearrangement
in the structural parts of the existing facilities or any enlargement,
whether by an extension of a side, an increase in height or a move
from one location or position to another.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit.
The Planning Board of the municipality unless a different
agency is designated by ordinance when acting pursuant to the authority
of this Act.[1]
A place of business where the primary purpose is the sale
of new motor vehicles, having a building with showrooms, office space
and repair and maintenance facilities, with or without a used car
lot incidental thereto and on the same business premises or immediately
adjacent thereto.
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicle trade, at retail, and where minor repair
service is rendered. Sale of new or used cars is prohibited.
A building and place of business where body and major repair
work are performed on motor vehicles.
A story partly or wholly underground where more than 1/2
of its height is above the average level of the adjoining ground.
A basement shall be counted as a story for purpose of height measurement.
The elevation in the center line of the street at the center
line of the lot, which the plot fronts, as established or to be established
by the Borough.
An owner-occupied structure renting individual rooms to guests
for a maximum of two consecutive weeks, and having no cooking facilities
directly available for use by the guests, shall constitute a bed-and-breakfast
facility. Such structures located in the B-1 Zone would be permitted
as a bed-and-breakfast. The availability of food service in the facility
shall not disqualify the facility from this category so long as guests
are not provided access to the cooking or food preparation facilities
and food is prepared and served by the owner or an employee of the
owner.
[Added 5-3-2004 by Ord. No. 5-2004]
A building in which not more than five rooms are used or
intended to be used for compensation for the lodging of guests, with
meals served to occupants only.
The Board established pursuant to Section 56 of the Municipal
Land Use Law.
A covered passageway extending between a main and an accessory
building, and having a permanent floor and a permanent roof, designed
so as to be or become an integral part of the design of the main building.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The area of the largest floor plan of the building, including
covered porches, second floor entrance steps and any portion of the
building extending beyond the foundation wall, excluding first floor
entrance steps.
The vertical distance measured from the average elevation
of the finished grade five feet from the foundation to the highest
point of a flat roof, to the deck line of a mansard roof, and to the
average distance between the ridge and eaves for gabled, hip or gambrel
roofs. The height limitations shall not apply to church spires, noncommercial
antennas, belfries, cupolas, chimneys, ventilators, skylights or widow
walks, provided that no fire hazard is created, and provided that
such exception covers not more than 10% of the roof area. Such features,
however, shall be erected only to such height as is necessary to accomplish
the purpose that they serve. Minimum pitch on the pitched roof shall
be 6 on 12. In flood zone areas as established by FEMA, the height
elevations shall be measured as described herein with the average
elevation of the finished grade being utilized as the flood elevation.
[Amended 12-17-2007 by Ord. No. 17-2007]
A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In the case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line, excluding those items mentioned in § 255-36.
A governmental acquisition of real property or major construction
project.
A story having more than 1/2 of its height below the average
level of the adjoining ground. A cellar shall not be counted as a
story for the purposes of height measurement.
A certificate issued by the Code Enforcement Officer and
enforced by the Zoning Officer upon completion of the construction
of a new building or upon a change in the occupancy of a building,
which certifies that all requirements of this chapter, or such adjustments
thereon which have been granted by the Board of Adjustment, and all
other applicable requirements have been complied with.[2]
[Amended 3-19-1979 by Ord. No. 2-1979]
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.
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.
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 the Zoning Ordinance, and upon the issuance of an
authorization therefor by the Planning Board.
Development other than planned development.
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.
The Planning Board of Ocean County.
Calendar days.
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.
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 permission may be required pursuant to this Act.[3]
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.
An opening in the curbline or edge of street onto the street
providing access to a lot for motor vehicles.
Any building or portion thereof which is designed for or
occupied as a residence, except hotels or motels.
A detached building designed for or occupied exclusively
by one family.
A building designed for or occupied exclusively by two families
living independently of each other.
A unit of a minimum of one room and bath providing complete
living facilities for one family, including facilities or provision
for facilities required in the storage, preparation and serving of
food.
A dwelling unit consisting of one room and bath with kitchen
facilities and occupied by one family.
Lateral limits or lines behind which, in the direction of
the river, stream or other body of water which delineates the area
which restricts development and construction. Such lines shall encompass
the entire area designated as floodway.
A municipal advisory body created pursuant to P.L. 1968,
c. 245.[7]
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
One or more persons related by blood or marriage occupying
a dwelling unit and living and cooking as a single, nonprofit housekeeping
unit, including servants. This definition shall not include any society,
club, fraternity, sorority, association, lodge, combine, federation,
group, coterie or organization.
The official action of the Planning Board taken on a preliminarily
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.
The living area of a home, including utility room, storage
room and areas of habitation, but not to include the garage or attached
building, which is located above the cellar or basement level and
below the second floor.
Any vessel which is in fact used, designed, or occupied as
a permanent dwelling unit, business office or source of any occupation
or for any private or social club of whatever nature, including but
not limited to a structure constructed upon a barge, primarily immobile
and out of navigation or which functions substantially as a land structure,
while the same is moored or docked within the corporate limits of
Tuckerton Borough; whether such vessel is self-propelled or not and
whose volume coefficient is greater than 3,000 square feet. Volume
coefficient is the ratio of the habitable space of a vessel measured
in cubic feet and the draft of a vessel measured in feet of depth.
[Added 8-20-1984 by Ord. No. 10-1984]
That area within Tuckerton Borough, covered by any waterway
within the Borough, where one or more sites or locations are rented
or offered for rent, sold or offered for sale for the location of
floating homes.
[Added 8-20-1984 by Ord. No. 10-1984]
The floodway and any additional portions of the floodplain.
The relatively flat area adjoining the channel of a natural
stream, which has been or may be hereafter covered by floodwater.
The channel of a natural stream and portions of the floodplain
adjoining the channel, which are reasonably required to carry and
discharge the floodwater or flood flow of any natural stream.
The ratio of the gross floor area to the lot area as determined
by dividing the gross floor area by the lot area.
[Added 12-17-2007 by Ord. No. 17-2007]
A building or space used as an accessory to the main building,
which provides for the storage of motor vehicles and in which no occupation,
business or service for profit is carried on.
The Mayor and Borough Council of the Borough of Tuckerton.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
The sum of the gross horizontal areas of the floor or several
floors of a building measured between the outside face of exterior
walls.
[Added 12-17-2007 by Ord. No. 17-2007]
In the case of residential structures, such
area shall be finished in accordance with the requirements of the
Building Code.[8] Any cellar, detached garage, crawl space, unfinished attic
or space of any nature, or accessory building shall not be included.
Any space with a clear ceiling height of six feet or less shall not
be included.
In the case of a bi-level, multistory building,
the first-floor area shall be considered to be the first level or
levels of the structure over the full perimeter of the structure which
are above the average finished grade of the adjoining ground and constructed
on other than a concrete slab or other floor. Any floor area which
is located at grade or on such a slab may, however, be included in
the calculations of total floor area, provided it complies with the
other terms of this definition.
In the case of all multistory buildings, the
first-floor area shall be considered to be the first level or levels
of the structure extending over the full perimeter of the structure
and which is above the average finished grade of the adjoining ground,
whether or not such level was constructed on a concrete slab or other
floor area.
In flood-prone areas, the floor area shall include
principal structures, sunrooms, enclosed porches, stairways, landings
and decks.
Any accessory building used in whole or in part as a dwelling.
Any room within a building used for the purposes of sleeping,
eating, preparation of food, offices, selling of merchandise, public
gatherings or assembly lobbies. All habitable rooms within a dwelling
unit shall have natural light, ventilation and heat. Garages, bathrooms,
closets, storage areas, hallways and stairs are not considered to
be habitable rooms.
[Added 12-17-2007 by Ord. No. 17-2007]
Any building, structure, area or property that is significant
in the history, architecture, archeology or culture of this state,
its communities or the nation and has been so designated.
Any gainful employment or occupation of one or more members
of the resident family, which shall constitute, either entirely or
partly, the means of livelihood of such member or members and which
shall be conducted as clearly secondary or accessory to the primary
residential use of the principal structure. Such occupation may be
pursued in the principal dwelling structure or in an accessory building
to such principal structure. Home occupations are normally in the
field of work of the artisan, and may include such activities as dressmaking,
millinery, watchmaking, electrical and radio repair and carpentry.
The retail sale of goods or services in structures designed or altered
to make such activities the primary use of any structure shall not
be construed hereunder to be a home occupation.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building as an accessory
use.
Any vessel not designed primarily for residential dwelling
units, designed primarily for pleasure craft, recreation and for independent
navigation, whose volume coefficient is less than or equal to 3,000
square feet and not considered a floating home in accordance with
the definition of floating home.
[Added 8-20-1984 by Ord. No. 10-1984]
That street having a minimum pavement width of 24 feet with
acceptable gravel base material with a bituminous surface treatment.
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 Act or under any other law of this state or
of the United States or whose right to use, acquire or enjoy property
has been denied, violated or infringed by an action or a failure to
act under this Act.[9]
Improvements and fixtures on, above or below the surface.
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 parcel of land at the junction of and fronting on two or
more intersecting streets.
That percentage of the lot area covered by the principal
building area, sheds, accessory buildings, aboveground pools, hot
tubs, decks whose average elevation is 12 inches above grade and all
structures greater than 12 inches above grade. Exceptions would be
mailbox foundations, landscape planters less than 30 inches above
grade and air conditioning/heating units.
[Amended 12-17-2007 by Ord. No. 17-2007]
A lot line or portion thereof which is coexistent with a
street line. In the case of a street of undefined width, said lot
line shall be assumed to parallel the center line of the street at
a distance of 25 feet therefrom. In the case of corner lots, the smaller
of the two lot lines coexistent with street lines shall be considered
as the frontage.
A lot other than a corner lot.
A lot other than a corner lot with frontage on two streets.
All through lots as defined herein shall provide a front yard setback
on both streets.
The horizontal distance between the side lot lines, measured
at right angles to its depth, and at a point 50 feet from the street
line.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required by this
Act.[10]
Any subdivision not classified as a minor subdivision.
A dock or base and operated for profit or to which public
patronage is invited, providing moorings or marine services primarily
for power yachts, launches or other water craft, other than floating
homes, and which is also capable of removing any and all crafts moored
within the marina out of the water for repair or as a result of emergent
conditions.
[Added 8-20-1984 by Ord. No. 10-1984]
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to N.J.S.A. 40:55D-1 et seq.
The chief executive of the municipality.
A subdivision of land that does not involve:
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, designed
primarily for transient automobile travelers and provided with accessory
off-street parking facilities.
A structure or a group of structures providing dwelling units
of two rooms or more to separate families, which is designed to be
maintained and operated as a complex in single ownership by an individual,
partnership, corporation or cooperative group, and which has, as herein
set forth, certain facilities, yards and open spaces, recreation areas,
garage and parking areas. This also includes the Condominium Act as
established by N.J.S.A. 46:8B-1 to 46:8B-30 and amendments thereto.
The Borough of Tuckerton.
A municipal Planning Board or Board of Adjustment, or a governing
body of a municipality when acting pursuant to this Act and any agency
which is created by or responsible to one or more municipalities when
such agency is acting pursuant to this Act.[11]
A building which in its design or location upon a lot does
not conform to the regulations of this chapter for the zone in which
it is located.
A lot the area, 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 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 reason 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 reason of such adoption, revision or amendment.
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.
A map adopted by ordinance pursuant to Article 5 of the Municipal
Land Use Law.
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 contiguous portion of a street or
right-of-way.
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.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those building, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land. Further, open space
is any area other than a required yard, screening strip or recreation
area which may hereafter remain as private property or property dedicated
to the Borough of Tuckerton and which shall have been designated as
such on any plan requiring approval by the Borough of Tuckerton.
Space within a parking area or parcel of land containing
an area not less than 162 square feet, with minimum dimensions of
nine by 18 feet, exclusive of access drives, aisles, ramps and columns
for the storage of one passenger automobile or small commercial vehicle.
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.
Any security which may be accepted by a municipality, including
cash, provided that a municipality shall not require more than 10%
of the total performance guaranty in cash.
The Planning Board of the Borough of Tuckerton.[12]
A map or maps of a subdivision or site plan.
The conferral of certain rights prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
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.
The office of a member of a recognized profession, which
shall include only the offices of doctors or physicians, dentists,
optometrists, ministers, architects, landscape architects, professional
engineers, lawyers, artists, authors, musicians and such other similar
professional occupations which may be so designated by the Board of
Adjustment upon finding by such Board that such occupation is truly
professional in character by virtue of the need for similar training
and experience as a condition for the practice thereof. The issuance
of a state or local license for regulation of any gainful occupation,
per se, is not necessarily indicative of professional status.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
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.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency or other
public body for recreational or conservational uses.
The majority of the full authorized membership of a municipal
agency.
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.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
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.
A building in which not more than five rooms are used, or
intended to be used, for the lodging of guests for compensation, without
meals.
Any concentration or group of trees and shrubbery placed
and maintained for the purpose of screening unsightly use, uses, dust,
noise and lights from adjoining property.
[Amended 12-17-2007 by Ord. No. 17-2007]
The deposition of soil that has been transported from its
site or origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A line within any lot, usually marking the limits of any
required yard space.
Any structure or part thereof attached thereto or painted
or represented thereon which shall display or include any letter,
word, modern banner, flag, pennant, insignia, device or representation
used as, or which is in the nature of, an announcement, direction
or advertisement, but not including any flag, badge or insignia of
any public, civic, charitable or religious group.
A sign which directs attention to a business commodity, service,
activity or entertainment not necessarily conducted, sold or offered
upon the premises where such sign is located.
The area included within the frame or edge of the sign exclusive
of the structure to support it properly and any trim and framing device
and any appurtenances required by the Building Code.[13] Where the sign has no such frame or edge, the area shall
be defined by an enclosed four-sided geometric shape which most closely
outlines said sign. On multiple-faced signs, the sign area shall be
measured, for the purpose of complying with the regulations of this
chapter, on the face having the greatest sign surface area.
A sign, located on the same lot as the principal use, which
may be reasonably necessary to the proper guidance and control of
vehicular traffic entering or leaving the premises or for circulation
of such traffic on the premises.
A sign which is supported by one or more supports, legs,
braces or posts, made of wood, metal, stone or concrete, which are
securely fixed in or upon the ground, and which is located on the
same lot as the commodity, activity or service it advertises.
Any sign, symbol, trademark, structure or similar device
used to identify the product made or the activity pursued by any individual,
business, service or commercial enterprise which is displayed upon
the lot or premises occupied by such an enterprise for the purpose
of apprising the public of the location of such enterprise and the
type of activity in which it is engaged.
A sign which is attached to a building and extends beyond
the line of said building, or beyond the surface or facade of that
portion of the building to which it is attached, by more than one
foot.
A sign which is attached, painted or cut into any masonry
surface of a building wall intending to direct attention to such building
or uses in such building and which may constitute a single solid unit
or individual letters, numbers or symbols.
A sign placed, maintained or painted upon a window.
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.
Any other information that may be reasonably
required in order to make an informed determination.
Standards:
Adopted by ordinance regulating noise levels,
glare, earthborn or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic matters, explosive and inflammable matters, smoke
and airborne particles, waste discharge, screening of unsightly objects
or conditions and such other similar matters as may be reasonably
required by the municipality; and
Required by applicable federal or state laws
or municipal ordinances.
That part of a building with at least six feet between the
surface of any floor and the next floor above it or, in its absence,
the finished ceiling or roof above it. A split-level story shall be
considered a second story if the floor level is six feet or more above
the level of the line of the finished floor next below it, except
the cellar. The cellar shall not be counted as a story. (A cellar
is considered to have greater than 1/2 of its surface below grade.)
[Amended 12-17-2007 by Ord. No. 17-2007]
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, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
That line determining the limit of the highway right of the
public, either existing or contemplated. Where a definite right-of-way
width has not been established, the street line shall be assumed to
be at a point 25 feet from the center line of the existing pavement.
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 Act[14] if no new streets are created: divisions of land found
by the Planning Board, or Subdivision Committee thereof appointed
by the Chairman, 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.”
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.
Permission to depart from the literal requirements of a Zoning
Ordinance.
An open, unoccupied space, except as may be otherwise specified
herein, on the same lot with the principal building, extending the
full width of the lot and situated between the street line and the
front line of the building.
An open, unoccupied space, extending across the full width
of the lot and lying between the rear line of the lot and the nearest
line of any principal building, except as may be otherwise specified
herein. The depth of a rear yard shall be measured at right angles
to the rear line of the lot, or, if the lot is not rectangular, then
in the general direction of its side lot lines.
An open, unoccupied space, except as may be otherwise specified
herein, between the side line of the lot and the nearest line of a
principal building and extending from the front yard to the rear yard
or, in the absence of either of such yards, to the street or rear
lot lines as the case may be. The width of a side yard will be measured
at right angles to the side line of the lot.
[1]
Editor's Note: "This Act" refers to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
[3]
Editor's Note: "This Act" refers to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
[6]
Editor's Note: "This Act" refers to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
[7]
Editor's Note: See N.J.S.A. 40:56A-1.
[9]
Editor's Note: "This Act" refers to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
[10]
Editor's Note: "This Act" refers to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
[11]
Editor's Note: "This Act" refers to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
[14]
Editor's Note: "This Act" refers to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
