A.
For the purpose of this chapter, certain phrases and
words are herein defined as follows:
(1)
Words used in the present tense include the future;
(2)
Words used in the singular number include the plural
number and vice versa;
(3)
The word "used" shall include "arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used";
(4)
The word "lot" includes the words "plot," "premises"
and "tract";
(5)
The word "building" includes the words "structure,"
"dwelling" or "residence";
(6)
The word "shall" is mandatory and not discretionary.
B.
Any word or term not defined herein shall be used
with a meaning of standard usage.
C.
Moreover, whenever a term is used in this chapter
which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended
to have the meaning as defined in N.J.S.A. 40:55D-1 et seq., unless
specifically defined to the contrary in this chapter.
[Amended by Ord. No. 82-2; Ord. No. 83-37;
Ord. No. 83-39; Ord. No. 84-4; Ord. No. 84-6; Ord. No. 86-7; Ord.
No. 88-3; Ord. No. 91-5; Ord. No. 92-11; Ord. No. 96-14; Ord. No.
97-19; Ord. No. 97-25; Ord. No. 2001-2; Ord. No. 2001-20; Ord. No.
2001-22; Ord. No. 2002-11]
As used in this chapter, the following terms
shall have the meanings indicated:
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith. An
accessory building attached to the principal building shall comply
in all respects with the requirements applicable to the principal
building.
The Municipal Land Use Official of Lower Township, Cape May
County, New Jersey. The Municipal Land Use Official also serves as
the Zoning Officer for Lower Township.
Conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe or unsatisfactory conditions on
a subdivided property or off-tract property such as, but not limited
to, improper circulation and drainage rights-of-way as defined in
N.J.S.A. 40:55-1.2, as amended,[1] inadequate drainage facilities, insufficient street widths,
unsuitable street grades, unsuitable street locations to accommodate
prospective traffic or coordinate and compose a convenient system,
locating lots in a manner not adaptable for the intended purposes
without danger to health or peril from flood, fire, erosion or other
menace, providing for lots of insufficient size and neither providing
nor making future allowance for access to the interior portion of
the lot or for other facilities required by this chapter.
Any change in or additions to the supporting members of a
building, such as walls, columns, beams, girders, posts or piers.
The landowner or agent, optionee, contract purchaser or other
person authorized to act for and acting for the landowner submitting
an application under this chapter.
The application or appeal forms and all accompanying documents
required by this chapter for approval of a subdivision plat, site
plan, planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A.
40:55D-36.
The sale and installation of automotive parts and accessories
exclusive of the sale of automotive fuels. Maintenance and minor repair
of motor vehicles may be provided, but no body repairs, painting,
extended storage of inoperable or wrecked vehicles, or exterior display
for sale of motor vehicles shall be permitted. All appliance pits,
storage areas, lubrication and repair shall be performed within a
fully enclosed building. Parking shall be provided: five spaces for
the first lift, garage bay, wheel alignment pit or similar work area;
four additional spaces for the second work area; and an additional
three spaces for each additional work area. This definition shall
include, without limitation, the following types of uses: muffler
repair center; lube and tune-up center; tire center; and automotive
accessories center.
That portion of a building which is partly above grade and
having at least 1/2 its height above grade.
A room planned or used primarily for sleeping.
An off-premises sign over 33 square feet in area.
Any structure or extension thereof or addition thereto having
a roof supported by such things as columns, posts, piers or walls
and intended for the shelter, business, housing or enclosing of persons,
animals or property.
The square footage or other area measurement by which all
buildings occupy a lot as measured on a horizontal plane around the
periphery of the facade and including the area under the permanent
roof of any structure supported by columns, but not having walls,
as measured around the outside of the outermost extremities of the
roof above the column. Any portion of a lot covered by tidal flow
or lands designated coastal wetlands by the State of New Jersey (NJDEPE)
or freshwater lakes shall not be counted when calculating building
coverage in any district.
The vertical distance measured to the highest point from
the mean elevation of the finished grade at the foundation along the
side(s) of the building facing a street or to the street line, whichever
is closer to the foundation. On a corner lot, the height shall be
measured on the street having the greatest slope. In all cases where
this chapter provides for height limitations by reference to a specified
height and a specified number of stories, the intent is to limit height
to the specified maximum footage and the specified number of stories
within said footage. Exception; single-family and duplex buildings
in the R-1, R-2, R-3, R-4, RB and MD-1 Zoning Districts shall be limited
to a specified height only.
[Amended 5-15-2006 by Ord. No. 2006-08]
A self-propelled vehicular structure built as
one unit on a chassis and designed for temporary living for travel,
recreation, vacation or other short-term uses which may contain cooking,
sleeping and sanitary facilities;
An immobile structure containing cooking and
sleeping facilities for travel, recreation, vacation or other short-term
use and designed to be attached to the body of another vehicle for
transporting from one location to another;
A portable, vehicular structure built on a chassis,
designed for camping, the body of which is basically rectangular with
a flat top not more than four feet above the surface of the ground.
The camper is designed to have a temporary tent erected above the
four-foot level for camping activities;
A portable structure built on a chassis, designed
for towing and as a temporary dwelling for travel, recreation, vacation
and other short-term uses and having an outside body width not exceeding
eight feet and a length not exceeding 35 feet, and which may contain
cooking, sleeping and sanitary facilities.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with the New Jersey
Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act, P.L. 2021, c. 16 (N.J.S.A. 24:6L-1 et seq.)[2] for use in cannabis products, and medical cannabis intended
for consumption by registered qualifying patients pursuant to the
Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307
(N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22
et seq.); but shall under no circumstance include marijuana as defined
in N.J.S.A. 2C:35-27 and applied to any offense set forth in Chapters
35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001,
c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section
2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense
set forth in the New Jersey Controlled Dangerous Substances Act, P.L.
1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product
cultivated, handled, processed, transported, or sold pursuant to the
New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et
seq.).
[Added 7-6-2021 by Ord. No. 2021-13; amended 11-15-2021 by Ord. No. 2021-20]
A designated location operated by a licensed cannabis retailer
or permit holder for dispensing medical cannabis, for which both a
state and local endorsement has been obtained, that is either: 1)
an indoor, structurally enclosed area of the cannabis retailer or
permit holder that is separate from the area in which retail sales
of cannabis items or the dispensing of medical cannabis occurs; or
2) an exterior structure on the same premises as the cannabis retailer
or permit holder, either separate from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical cannabis
either obtained from the retailer or permit holder, or brought by
a person to the consumption area, may be consumed.
[Added 11-15-2021 by Ord.
No. 2021-20]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 cannabis
delivery license.
[Added 11-15-2021 by Ord.
No. 2021-20]
A cannabis retailer.
[Added 11-15-2021 by Ord.
No. 2021-20]
A license issued under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31
et seq.), including a license that is designated as either a Class
5 cannabis retailer license or a Class 6 cannabis delivery license.
The term includes a conditional license for a designated class, except
when the context of the provisions of P.L. 2021, c. 16 (N.J.S.A. 24:6I-31
et seq.), otherwise intend to only apply to a license and not a conditional
license.
[Added 11-15-2021 by Ord.
No. 2021-20]
Any licensed person or entity purchases or otherwise obtains
usable cannabis from cannabis cultivators and cannabis items from
cannabis manufacturers or cannabis wholesalers, and sells these to
consumers from a retail store, and may use a cannabis delivery service
or a certified cannabis handler for the off-premises delivery of cannabis
items and related supplies to consumers. This person or entity shall
hold a Class 5 cannabis delivery license.
[Added 11-15-2021 by Ord.
No. 2021-20]
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion between the edges of the
paved or graded width.
That portion of a building which is partly above grade and
having at least 1/2 its height below grade.
Any land used or intended to be used for the burial of the
dead and dedicated for cemetery purposes, including columbariums,
crematories, mausoleums, mortuaries and parsonages when operated in
conjunction with and within the boundaries of such cemetery.
A parcel or parcels of land or an area of water, or a combination
of land and water, together with the improvements thereon and designed
and intended for the ownership, use and enjoyment shared by the residents
and owners of the development. Common property may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit of the residents and owners of the development.
A use permitted in a particular 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 and upon the
issuance of an authorization by the Planning Board.
Any vehicle, whether wheeled or tracked, with a gross weight
of four tons, or more, which is intended to primarily serve in any
construction capacity. This definition shall also include any vehicle
intended to carry other vehicles to or from a construction site.
The transportation of cannabis items and related supplies
to a consumer. "Delivery" also includes the use by a licensed cannabis
retailer of any third-party technology platform to receive, process,
and fulfill orders by consumers, which third party shall not be required
to be a licensed cannabis establishment, distributor, or delivery
service, provided that any physical acts in connection with fulfilling
the order and delivery shall be accomplished by a certified cannabis
handler performing work for or on behalf of the licensed cannabis
retailer, which includes a certified cannabis handler employed or
otherwise working on behalf of a cannabis delivery service making
off-premises deliveries of consumer purchases fulfilled by that cannabis
retailer.
[Added 11-15-2021 by Ord.
No. 2021-20]
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.
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 any
mining, excavation or landfill; and any use or change in use of any
building or other structure or land or extension of use of land for
which permission may be required.
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities, 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.
A hill of sand accumulated at or near the beachfront, usually
by natural means. It shall extend from the crest of the hill to the
base of the hill where the hill intersects the existing grade, on
every side, whether or not the grade be uniform and whether or not
the intersection may at times be below water.
The area which extends from the low-water line to the dune
line. It includes the beach and beach dune area located within the
above-designated limits.
That certain line established by the Township, whether or
not actual sand dunes are situated thereon, which is 200 feet landward
from the mean high-water line established by the US Coast Geodetic
Survey, Datum of 1929, or the first parallel, paved, accepted street,
whichever is greater, where the boundary of the Township is the Delaware
Bay, and 600 feet from the mean high-water line along that portion
of the boundary beginning at the southwest bank of the Cape May Canal
and running counterclockwise to the boundary line between the Township
of Lower and Wildwood Crest, which includes the areas along the Atlantic
Ocean, and the Delaware Bay, south of the Cape May Canal.
A room or series of connecting rooms designed for permanent
residency containing living, cooking, sleeping and sanitary facilities
for one housekeeping unit. The dwelling unit shall be self-contained
and shall not require passing through another dwelling unit or other
indirect route(s) to get to any portion of the dwelling unit, nor
shall there be shared facilities with another housekeeping unit.
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the public, a corporation, or particular
persons for specific uses.
Buildings incidental to farms such as barns and packing,
grading and storage buildings for produce; building for the keeping
of poultry and livestock; and garages for the keeping of equipment
and trucks used in farm operations. No farm building shall be closer
than 40 feet to any street or property line.
A lot of at least five acres, excluding the dwelling unit
used for the growing and harvesting of crops and the raising and breeding
of certain animals, including truck farms, fruit farms, nurseries
and greenhouses, dairies and livestock produce.
The relatively flat area adjoining a water channel which
has been or may be covered by floodwater of the channel, including
the following components:
FLOODWAYThe river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.
FLOOD HAZARD AREAThe land in the floodplain subject to a one-percent or greater chance of flood in any given year.
FLOOD FRINGE AREAThe portion of the flood hazard area outside the floodway.
At least six dwelling units in a building not exceeding 2 1/2
stories in height, having no common lobby area, and each unit having
direct access to the outside.
A freestanding roof structure that is open on all sides.
A tract of 30 or more acres containing a full-sized golf
course at least nine holes in length, together with appropriate accessory
uses and structures such as clubhouses, dining and refreshment facilities,
driving ranges and miniature golf courses, providing the operation
of such are incidental and subordinate to the operation of the golf
course.
The average finished ground elevation adjoining a building
at project completion or the slope of a road, path, driveway, swales
or other surfaces.
A lot or part thereof used for the purpose of extracting
sand, gravel, earth or soil for sale, as an industrial or commercial
operation.
The area on the ground floor measured by using the outside
dimension of the building, excluding the area of a garage, which shall
not be permitted to be used to compute the gross floor area in a residential
zone, and excluding the area of an open porch or patio. Only those
floor areas which have a ceiling height as prescribed by the Township
building code for residential uses and those floor areas either having
a ceiling height of seven feet or more or used for storage space in
nonresidential uses shall be included in the gross floor area.
That portion of the building between the sloped side of the
roof and the floor below it that may be used for storage or habitable
living area. (See diagram below for example.)
The vertical distance measured to the highest point from
the mean elevation of the finished grade at the foundation along the
side(s) of the building facing a street or to the street line, whichever
is closer to the foundation. On a comer lot, the height shall be measured
on the street having the greatest slope. In all cases where this chapter
provides for height limitations by reference to a specified height
and a specified number of stories, the intent is to limit height to
the specified maximum footage and the specified number of stories
within said footage. Exception: single-family and duplex buildings
in the R-1, R-2, R-3, R-4, RB and MD-1 Zoning Districts shall be limited
to a specified height only. Exemptions: necessary conformities under
New Jersey State Public Law, P.L. 2013, c. 107.
[Added 10-21-2013 by Ord. No. 2013-23]
At least 10 dwelling units in a building not less than three
stories or exceeding four stories in height, having a common lobby
area, and each unit shall have direct inside access to an inside common
area.
An occupation conducted entirely within a detached dwelling
unit or an accessory building, but not both, which occupation is clearly
incidental and secondary to the use of the lot for residential purposes.
Such occupations shall be conducted solely by the residents of the
detached dwelling, provided that no more than 300 square feet shall
be used for such purpose if the home occupation is conducted entirely
within an accessory building or no more than 25% of the gross floor
area of the detached dwelling or 450 square feet, whichever is less,
if the home occupation is conducted within the detached dwelling;
that no display of products shall be visible from the street; that
there shall be no signs; that the residential character of the lot
and building shall not be changed; that no occupational sounds shall
be audible outside the building; that no equipment shall be used which
will cause interference with radio and television reception in neighboring
residences; that the home occupation does not reduce the parking or
yard requirements of the detached dwelling; and that there is no exterior
evidence of the home occupation.
A building or group of buildings consisting of individual
sleeping units designed for transient travelers and not for permanent
residency.
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
Activities including the assembly, compounding, fabrication, finishing, manufacture, packaging, preparation, processing, research, storage, or treatment of any product or material, subject to the performance standards contained in § 400-35.
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading, with adequate vertical clearance.
Any parcel of land separated from other parcels or portions
as by a subdivision plat or deed of record, survey map or by metes
and bounds, except that, for the purposes of this chapter, contiguous
undersized lots under one ownership shall be considered one lot and
except further that no portion of a street shall be included in calculating
the lot boundaries or areas.
The area contained within the lot lines of a lot not including
any portion of a street right-of-way.
A lot on the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135º.
Each lot line running from the street front will be considered a side
yard lot line. Measuring a distance from the intersection of the side
yard lines equal to the distance of the rear yard setback and drawing
lines perpendicular to the points created thereby (x) and terminating
the perpendicular lines at their point of intersection (y) will create
a square (z) in which no construction will take place, with the exception
of accessory buildings. Accessory buildings shall comply with the
standard side yard requirements in force in the district. The square
so created will be for the purposes of a corner lot considered the
"rear yard" (z). (See diagram below for example.)
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
Flag lot minor subdivisions shall be permitted
in the R-1 Single-Family Residential (unsewered) and R-2 Single-Family
Residential (unsewered) Zoning Districts. The Planning Board’s
purpose is to allow minor subdivision of large narrow lots each equal
to or exceeding one acre in lot area. Only one flag lot shall be created
from the existing subdivided lot.
The flag lot shall meet the area and yard requirements
for the R-1 and R-2 (unsewered) Zoning Districts except that the lot
frontage and lot width shall be a forty-foot minimum requirement.
The “pole” potion of the flag lot shall be excluded when
calculating lot area.
 |
The horizontal distance between side lot lines measured along
the street line. The minimum lot frontage shall be the same as the
lot width except that, on curved alignments with an outside radius
of less than 500 feet, the minimum distance between the side lot lines
measured at the street line shall not be less than 75% of the required
minimum lot width. The lot width at the building setback line and
at the rear property line shall not be less than the lot frontage
requirement in the district. In the case of a corner lot, either street
frontage which meets the minimum frontage required for that zone may
be considered the lot frontage, but not both.
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot and the same line as the street line for that portion of a lot
abutting a street.
The straight and horizontal distance between side lot lines
at setback points on each side lot line measured an equal distance
back from the street line. The minimum lot width shall be measured
at the minimum required building setback line.
[Amended 8-20-2007 by Ord. No. 2007-15]
Adequate collateral posted with the Township to insure the
maintenance of duly approved improvements installed by the developer
after the final acceptance of the improvements.
Any division of land 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 facility offering outpatient methadone maintenance services.
A methadone clinic shall be deemed to be a business or commercial
operation, or the functional equivalent thereof, and shall not be
construed, for zoning purposes, as ancillary or adjunct to a doctor's
professional office.
Any division of land containing an aggregate of not more
than three lots (two new lots and the remaining parcel), each fronting
on an existing street or streets; not involving any new street or
the installation of any street improvements or the extension of Township
facilities; not adversely affecting the development of the remainder
of the parcel or adjoining property; not being a further division
of an original tract of land for which previous minor subdivision(s)
have been approved by the Township within the past three years unless
the combination of the proposed and approved minor subdivision(s)
constitutes a subdivision of not more than three lots as above; and
not being deficient in those details and specifications required of
minor subdivisions as specified in this chapter. The original tract
of land shall be considered any tract legally in existence at the
time of the adoption of the chapter of which this is a revision. Any
readjustment of lot lines resulting in no new lots shall be classified
as a minor subdivision.
A building containing more than two dwelling units intended
for residential occupancy by more than two housekeeping units, each
living independently of each other and each with its own sleeping,
cooking and sanitary facilities. The dwelling units shall be entirely
separated from one another by vertical walls or horizontal floors,
unpierced except for access to outside or to a common basement.
The Planning Board, Board of Adjustment or governing body,
or any agency created by or responsible to one or more municipalities,
when acting pursuant to N.J.S.A. 40:55D-1 et seq.
A building or structure which, in its location upon a lot
or in its size, does not conform to the regulations of this chapter
for the zone in which it is located.
A lot of record which does not have the minimum width, frontage
or depth or contain the minimum area for the zone in which it is located.
A use occupying a building, structure or lot which does not
conform to the use regulations for the zone in which it is located.
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 or 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.
Anything constructed, assembled or erected, more than eight
inches above finished grade, which requires location on the ground
or attachment to something having such location on the ground, and
not having a roof, screening, or enclosures other than a railing,
and specifically designed for outdoor activities only. An open deck
attached to a principal building shall comply in all respects with
the requirements applicable to the principal building, except that
the minimum required setback in the front yard shall be 15 feet and
in the side and rear yards shall be the same as the accessory setback
in their respective zoning districts. An open deck not attached to
a principal structure shall comply in all respects with the requirements
of an accessory structure.
An area of not less than nine feet wide by 18 feet in length,
either within a structure or in the open, for the parking of motor
vehicles, exclusive of driveways, access drives, fire lanes and public
rights-of-way, except that nothing shall prohibit private driveways
for detached dwelling units from being considered off-street parking
areas, provided that no portion of such private driveway within the
right-of-way line of the street intersected by such driveway shall
be considered off-street parking space. The area is intended to be
sufficient to accommodate the exterior extremities of the vehicles,
whether in addition thereto wheelblocks are installed within this
area to prevent the bumper from overhanging one end of the parking
space. The width and length of each space shall be measured perpendicular
to each other regardless of the angle of the parking space to the
access aisle or driveway.
Any open deck constructed of wood, concrete, or any other
material, at an elevation of eight inches or less above finished grade,
shall be exempt from setback and lot coverage requirements.
Adequate collateral posted with the Township to insure the
installation of certain improvements installed by the developer pursuant
to the requirements of the chapter.
Any use of land or buildings as permitted by this chapter.
The map of a subdivision or site plan and is used interchangeably
in this chapter with "plan."
SKETCH PLATThe sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for consideration and preliminary approval and meeting the requirements of this chapter.
FINAL PLATThe final map of all or a portion of the subdivision or site plan which is presented to the Planning Board for final approval in accordance with these regulations.
"Premises" or "licensed premises" includes the following
areas of a location licensed under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31
et seq.): all public and private enclosed areas at the location that
are used in the business operated at the location, including offices,
kitchens, rest rooms, and storerooms; all areas outside a building
that the Cannabis Regulatory Commission has specifically licensed
for the production, manufacturing, wholesaling, distributing, retail
sale, or delivery of cannabis items; and, for a location that the
Commission has specifically licensed for the production of cannabis
outside a building, the entire lot or parcel that the licensee owns,
leases, or has a right to occupy.
[Added 11-15-2021 by Ord.
No. 2021-20]
The main purpose for which a lot or building is used.
The space in any required yard shall be open and unobstructed
from the ground up, except for the ordinary projection of windowsills,
out course, cornices, eaves and other architectural features; provided,
however, that such shall not project more than two feet into any required
yard.
The use of land or buildings by any governmental agency or
any officially created authority or agency thereof having jurisdiction
in the Township of Lower.
Includes such uses as telephone dial equipment centers, power
substations, sewage treatment plants, water towers, aboveground pumping
stations, public transportation uses, and other major public utility
services. Services including, but not limited to, distribution transformers,
power lines under 15 KV, telephone and TV cable lines, bus shelters
and telephone booths shall not be considered major public utility
services.
Includes the terms "renovation," "restoration," "structural
alteration" and "rehabilitation." It shall not include normal maintenance
or replacement activity such as a new roof, replacement siding or
similar activity to the extent such replacement activity does not
result in increased living space or increased square footage in nonresidential
buildings, cosmetic alterations such as new windows and doors, and
the retrofit of existing buildings to meet current codes such as new
exit doors and handicapped ramps.
The growing and harvesting of plant life and/or the keeping
of farm animals for the enjoyment of the residents on the property
and not primarily for commercial purposes. A small roadside stand
for the exclusive sale of produce associated with the residential
agricultural use shall be permitted, provided that all of the produce
offered for sale is grown on the property; that the produce is not
grown primarily for commercial purposes; that the stand is not furnished
with permanent heating facilities; that the floor area of the stand
does not exceed 100 square feet; that the stand is set back from all
street rights-of-way and property lines at least 20 feet; and that
sufficient on-site off-street parking is provided. One unlighted sign
not exceeding four square feet in area shall be permitted and shall
be attached flat against the front facade of the stand.
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.
Any establishment, however designated, at which food is sold
primarily for consumption on the premises. However, a snack bar or
refreshment stand at a public or community swimming pool, playground,
golf course, playfield or park, operated solely by the agency or group
operating the recreational facility and for the convenience of patrons
of the facility, shall not be deemed to be a restaurant.
Any restaurant, refreshment stand, snack bar, dairy bar,
hamburger stand or hot dog stand where food is served primarily for
consumption at counters, stools or bars outside the building or primarily
for consumption in automobiles parked on the premises whether brought
to said automobiles by a customer or by employees of the restaurant,
regardless of whether or not additional seats or other accommodations
are provided for customers inside the building.
The further division of a lot or the adjustment of a lot
line or lot lines.
Lands and buildings providing for the sale of fuel, lubricants
and automotive accessories. Maintenance and minor repairs for motor
vehicles may be provided, but no body repairs or painting or the extended
storage of inoperable or wrecked vehicles shall be permitted.
A line drawn parallel with a street line or lot line and
drawn through the point of a building nearest to the street line or
lot line. The term "required setback" means a line that is established
a minimum horizontal distance from the street line or the lot line
and beyond which a building or part of a building is not permitted
to extend toward the street line or lot line.
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A group of commercial establishments built on one tract that
is planned, developed, owned and managed as an operating unit; it
provides on-site parking in definite relationship to the type and
total size of the stores. The commercial establishments may be located
in one or several buildings, attached or separated.
Any building or structure or portion thereof on which 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 in view of the general public.
A triangular-shaped area established in accordance with the
requirements of this chapter in which no grading, planting or structure
shall be erected or maintained higher than 42 inches or under eight
feet in height, except for street signs, fire hydrants and light standards.
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, structure and signs, lighting,
screening devices; and
Any other information that may be reasonably
required in order to make an informed determination concerning the
adequacy of the plan in accordance with the requirements of this chapter.
The examination of the specific development plans for a lot.
Wherever the term "site plan approval" is used in this chapter, it
shall be understood to mean a requirement that the site plan be reviewed
and approved by the appropriate municipal agency created pursuant
to N.J.S.A. 40:55D-1 et seq.
A technology that engages in the production of electric energy
from solar technologies and photovoltaic technologies. Solar renewable
energy technologies that are less than or equal to 100% of the subject
property's electric energy needs shall be permitted in all zoning
districts as an accessory use. Solar renewable energy facilities that
generate greater than 100% of a property's electric shall only be
permitted in the Industrial Zone.
[Added 12-19-2016 by Ord.
No. 2016-07]
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it.
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 N.J.S.A. 40:55D-1 et seq.;
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, sidewalks,
parking areas and other areas within the street lines.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
Anything constructed, assembled or erected which requires
location on the ground or attachment to something having such location
on the ground, including but not limited to buildings, fences, tanks,
towers, signs, advertising devices and swimming pools.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other division 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 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."
Portable pools shall not be subject to the requirements of
this chapter and shall mean those pools which are not otherwise permanently
installed; do not require water filtration, circulation and purification;
do not exceed a water surface area of 100 square feet; and do not
require braces or supports.
Includes artificially constructed pools, whether located
above or below the ground, having a depth of more than 18 inches and/or
water surface of 100 square feet or more; designed and maintained
for swimming and bathing purposes by an individual for use by members
of his household and guests and which is located on a lot as an accessory
use to the detached dwelling and shall include all buildings, structures,
equipment and appurtenances thereto.
Any artificially constructed pool other than a private residential
swimming pool designed to be used collectively by persons for swimming
and bathing purposes, including pools designed as part of any hotel
or motel use or any cluster residential development. Public swimming
pools shall be further classified into types in accordance with their
particular use and shall meet the appropriate design standards as
set forth by the National Swimming Pool Institute.
One structure of at least three, but no more than eight,
connected dwelling units where each dwelling unit is compatibly designed
in relation to all other units, but is distinct by such design features
as width, setback, roof design, color, exterior materials and other
features, singularly or in combination. Each dwelling unit may be
a maximum of 2 1/2 stories in height, but nothing in this definition
shall be construed to allow one dwelling unit over another.
Township of Lower, Cape May County, New Jersey.
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
The original land area may be divided by one existing public street
and still be considered one tract, provided that the street is not
an arterial or collector road and that a linear distance equal to
more than 75% of the frontage of the side of the street having the
larger street frontage lies opposite an equivalent linear distance
of street frontage on the other side of the street.
A building containing two dwelling units only, intended for
residential occupancy by two housekeeping units, each living independently
of each other and each with its own sleeping, cooking and sanitary
facilities. The dwelling units shall be entirely separated from one
another by vertical walls or horizontal floors, unpierced except for
access to outside or to a common basement.
All buildings and structures shall be classified with respect
to use in one of the following use groups listed below:
USE GROUP A, ASSEMBLY BUILDINGSAll buildings and structures, or parts thereof, shall be classified in the assembly (A) use group which are used or designed for places of assembly as defined in this code. Assembly-type uses with a total occupancy load less than 50 shall be classified as use group B (business).
USE GROUP B, BUSINESS BUILDINGSAll buildings and structures or parts thereof shall be classified in the business (B) use group which are used for the transaction of business for the rendering of professional services, or for other services that involve stocks of goods, wares or merchandise in limited quantities for use incidental to office uses or sample purposes; including, among others, offices, banks, civic administration activities, fire houses, police stations, professional services, testing and research laboratories, radio stations, telephone exchanges, motor fuel service stations and similar establishments.
USE GROUP F, FACTORY AND INDUSTRIAL BUILDINGSAll buildings and structures, or parts thereof, in which occupants are engaged in performing work or labor in fabricating, assembling or processing of products or materials shall be classified in the factory and industrial (F) use group; including, among others, factories, assembling plants, industrial laboratories and all other industrial and manufacturing uses, except those involving highly combustible, flammable or explosive products and materials of the high-hazard use group (use group H).
USE GROUP H, HIGH HAZARDAll buildings and structures or parts thereof shall be classified in the high hazard (H) use group which are used for the storage, manufacture or processing of highly combustible or explosive products or materials which are likely to burn with extreme rapidity, or which may produce poisonous fumes or explosions; for storage or manufacturing which involves highly corrosive, toxic or noxious alkalines, acids, or other liquids or chemicals producing flame, fume, poisonous, irritant or corrosive gases; and for the storage or processing of any materials producing explosive mixtures of dust, or which result in the division of matter into fine particles subject to spontaneous ignition.
USE GROUP I, INSTITUTIONAL BUILDINGSAll buildings and structures, or parts thereof, shall be classified in the institutional (I) use group in which people suffering from physical limitations because of health or age are harbored for medical or other care or treatment, or in which people are detained for penal or correctional purposes, or in which the liberty of the inmates is restricted.
USE GROUP M, MERCANTILE BUILDINGSAll buildings and structures or parts thereof shall be classified in the mercantile (M) use group which are used for display and sales purposes involving stocks of goods, wares or merchandise incidental to such purposes and accessible to the public; including, among others, retail stores, shops and salesrooms and markets. Highly combustible goods, such as merchandise made of pyroxyline products, shall be limited to small quantities that do not constitute a high hazard; and if not so limited, the construction shall comply with the requirements of the high hazard (H) use group as required by the provision of Article 4 and Table 214 and 305.
USE GROUP R, RESIDENTIAL BUILDINGSAll buildings and structures or parts thereof shall be classified in the residential (R) use group in which families or households live, or in which sleeping accommodations are provided for individuals with or without dining facilities, excluding those that are classified as institutional buildings, or in which no officially documented commercial activity shall have occurred for a period of two years prior to the date of application.
USE GROUP S, STORAGE BUILDINGSAll buildings and structures or parts thereof shall be classified in the storage (S) use group which are used primarily for the storage of goods, wares or merchandise, except those that involve highly combustible or explosive products or materials; including, among others, warehouses, storehouses and freight depots.
USE GROUP T, TEMPORARY AND MISCELLANEOUS USESStructures and buildings of a temporary character and miscellaneous structures not classified in any specific use group shall be constructed, equipped and maintained to meet the requirements of this code commensurate with the fire and life hazard incidental to their use. Miscellaneous uses shall include all accessory buildings and structures used as private garages, sheds, fences and similar purposes.
DOUBTFUL USE CLASSIFICATIONWhen a building or structure is proposed for a use not specifically provided for in this code or the classification of which is doubtful, such building or structure shall be included in the use group which it most nearly resembles in respect to the existing or proposed life and fire hazard, and it shall be so classified by the Building Official.
USE GROUP V, VACANT BUILDINGSAll buildings or parts thereof shall be classified in the vacant (V) use group in which no officially documented commercial activity shall have occurred for a period of two years prior to the date of the application.
A departure from the terms of this chapter authorized by
the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1
et seq.
That area of water surface bounded by bulkhead line, the
pierhead line and the side lot lines extended to the pierhead line
which would extend, for the purpose of this definition only, the side
lot lines of those lots having water frontage from the bulkhead line
to the pierhead line.
An open space extending across the full width of the lot
and lying between the street line and the closest point of any building
on the lot. The depth of the front yard shall be measured horizontally
and at right angles to either a straight street line or the tangent
lines of curved street lines. The minimum required front yard shall
be the same as the required setback.
An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the principal
building on the lot. The depth of the rear yard shall be measured
horizontally and at right angles to either a straight rear lot line
or the tangent of curved rear lot lines. The minimum required rear
yard shall be the same as the required setback.
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required side yard
shall be measured horizontally and at right angles to either a straight
side line or the tangent lines of curved side lot lines.
