Any word or term not defined shall be used with a meaning of
standard usage for the context in which the word is used.
The following words and phrases in this chapter are used as
defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.):
applicant, application for development, board of adjustment, building,
circulation, common open space, conditional use, conventional, county
master plan, county planning board, days, developer, development,
development regulations, division, drainage, erosion, final approval,
historic site, interested party, land, lot, maintenance guaranty,
master plan, mayor, municipal agency, nonconforming lot, nonconforming
structure, nonconforming use, official county map, official map, off
site, off tract, on site, on tract, open space, party immediately
concerned, performance guaranty, planning board, plat, preliminary
approval, preliminary floor plans and elevations, public areas, public
development proposal, public drainageway, public open space, quorum,
residential cluster, residential density, resubdivision, sedimentation,
site plan, standards of performance, street, structure, subdivision,
variance and zoning permit.
For purposes of this chapter, phrases and words are defined
as follows:
ACCESSORY USE OR BUILDING
A subordinate use or building, the purpose of which is incidental
to that of a main use or building on the same lot.
ACT
Collectively refers to CUMA and CREAMMA.
[Added 8-11-2021 by Ord. No. 2021-07]
ADVERSE EFFECT
Development designs or existing features on a developer's
property or nearby property creating, imposing, aggravating or leading
to impractical, unsafe, unsatisfactory or noncomplying conditions,
such as a layout inconsistent with the zoning regulations; insufficient
street width; unsuitable street grade; unsuitable street location;
inconvenient street system; inadequate utilities such as water, drainage,
shade trees and sewerage; unsuitable size, shape and location of any
area reserved for public use or land for open space in a planned development;
infringement upon land designated as subject to flooding; and the
creation of conditions leading to soil erosion by wind or water from
excavation or grading; all as set forth in N.J.S.A. 40:55D-38 and
measured against the design and performance standards of this chapter.
AGE-RESTRICTED RESIDENTIAL COMMUNITY
A comprehensively designed residential development containing
dwellings with occupancy limited to at least one member of the household
55 years of age or older with no children under 19 years of age in
permanent residence, pursuant to the Federal Fair Housing Amendments
Act of 1998 and any amendments thereto, including but not limited
to the Housing for Older Persons Act of 1995. Irrespective of the
Federal Fair Housing Amendments Act, there shall be no occupancy of
any residential unit unless at least one member of the household,
who is also a titleholder to the property, is 55 years of age or older.
[Added 6-7-2005 by Ord. No. 14-2005]
ALTERNATIVE TREATMENT CENTER
An organization issued a permit pursuant to the Jake Honig
Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et al.) to operate as a medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to Section
7 of that Act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis
cultivator permit, a medical cannabis manufacturer permit, and a medical
cannabis dispensary permit. This definition shall be consistent with
CUMA and all amendments thereto.
[Added 8-11-2021 by Ord. No. 2021-07]
APPROVING AUTHORITY
The Planning Board unless a different agency is designated
in this chapter.
AUTOMOBILE SERVICE STATION
Land and building providing for the sale of fuel, lubricants
and automotive accessories or for maintenance and minor repairs for
motor vehicles, excluding body repairs or the storage of inoperable
or wrecked vehicles.
BASEMENT
A half-story space partly underground but having not more
than 1/2 of its floor-to-ceiling height above the average grade as
defined in "building height." A basement shall be counted as a story
if its ceiling is four or more feet above the average grade as defined
in "building height."
[Added 8-4-2020 by Ord.
No. 2020-09]
BILLBOARD
An off-site lettered or pictorial advertising sign.
BUILDING HEIGHT
The vertical distance measured to the highest point of the
building from the average elevation of the finished grade five feet
from the foundation.
CAMPER
A.
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 use which may contain cooking, sleeping
and sanitary facilities.
B.
An immobile structure built on a chassis and containing cooking
and sleeping facilities for travel, recreation, vacation or other
short-term use and designed to be towed by another vehicle.
C.
A portable, vehicular structure built on a chassis, designed
for camping, the body of which is rectangular with a flat top not
more than four feet above the surface of the ground. It is designed
to have a temporary tent erected above the four-foot level for camping
activities.
CANNABIS
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 for use in cannabis products as set forth in the NJCREAMMA, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. Cannabis does not include: medical cannabis dispensed to 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 al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana as defined in N.J.S.A. 2C:35-2 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 al.), 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 al.); 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 al.) as long as said hemp does not contain more than the state and/or federal allowable limits of Delta-8-Tetrahydrocannabinol or Delta-9-Tetrahydrocannabinol, the compound commonly known as "THC." This definition shall be consistent with the CREAMMA and all amendments thereto.
[Added 8-11-2021 by Ord. No. 2021-07]
CANNABIS CONSUMPTION AREA
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
obtained from the retailer or permit holder may be consumed. This
definition shall be consistent with the CREAMMA and all amendments
thereto.
[Added 8-11-2021 by Ord. No. 2021-07]
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates or produces
cannabis in this state, and sells, and may transport, this cannabis
to other cannabis cultivators, or usable cannabis to cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 1 cannabis cultivator license.
This definition shall be consistent with the CREAMMA and all amendments
thereto.
[Added 8-11-2021 by Ord. No. 2021-07]
CANNABIS DELIVERY SERVICE
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. This definition shall be consistent with the CREAMMA
and all amendments thereto.
[Added 8-11-2021 by Ord. No. 2021-07]
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 cannabis distributor
license. This definition shall be consistent with the CREAMMA and
all amendments thereto.
[Added 8-11-2021 by Ord. No. 2021-07]
CANNABIS ESTABLISHMENT
A cannabis cultivator, cannabis manufacturer, cannabis wholesaler,
or cannabis retailer as defined herein and in the CREAMMA.
[Added 8-11-2021 by Ord. No. 2021-07]
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer license.
This definition shall be consistent with the CREAMMA and all amendments
thereto.
[Added 8-11-2021 by Ord. No. 2021-07]
CANNABIS PARAPHERNALIA
Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body. "Cannabis paraphernalia" does not include drug paraphernalia as defined in N.J.S.A. 2C:36-1 and which is used or intended for use to commit a violation of Chapter
35 or 36 of Title 2C of the New Jersey Statutes.
[Added 8-11-2021 by Ord. No. 2021-07]
CANNABIS RETAILER
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis growers and cannabis items from
cannabis manufacturers or cannabis wholesalers and sells these to
consumers from a retail store. Cannabis retailers shall hold a Class
5 cannabis retailer license pursuant to the CREAMMA. This definition
shall be consistent with the CREAMMA and all amendments thereto.
[Added 8-11-2021 by Ord. No. 2021-07]
CANNABIS VERTICAL INTEGRATION
The co-location or combination of the following activities
related to the production of usable cannabis products within a single
corporate entity: cannabis cultivators and manufacturers or cannabis
retailers and cannabis delivery services.
[Added 9-20-2022 by Ord. No. 2022-09]
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers and may transport cannabis
items for the purpose of resale or other transfer to either another
cannabis wholesaler or to a cannabis retailer, but not to consumers.
This person or entity shall hold a Class 3 cannabis wholesaler license.
This definition shall be consistent with the CREAMMA.
[Added 8-11-2021 by Ord. No. 2021-07]
CAREGIVER
An institutional or designated caregiver, as defined in the
Act, who is authorized to assist with a registered qualifying patient's
medical use of cannabis.
[Added 8-11-2021 by Ord. No. 2021-07]
CARTWAY
The paved surface of a street, such as the portion between
curbs or the portion between the edges of the paved width where there
are no curbs.
CLINICAL REGISTRANT
An entity that has a written contractual relationship with
an academic medical center in the region in which it has its principal
place of business, which includes provisions whereby the parties will
engage in clinical research related to the use of medical cannabis
and the academic medical center or its affiliate will provide advice
to the entity regarding patient health and safety, medical applications,
and dispensing and managing controlled dangerous substances, among
other areas.
[Added 8-11-2021 by Ord. No. 2021-07]
CLUSTER DEVELOPMENT
A development technique based on a density of dwelling unit(s)
per acre. The permitted number of dwelling units is clustered onto
one or more portions of the overall tract on reduced lot sizes so
that individual segments of the tract have higher densities, provided
that other portions of the tract are left in open space or common
property so that the gross density limitation of the entire tract
is not exceeded.
COMMON PROPERTY
Land or water, or a combination, together with improvements,
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 property includes common open space and may contain
such complementary structures and improvements as are necessary and
appropriate for the use or enjoyment of residents and owners of the
development.
CREAMMA
The New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act (P.L. 2021, c. 16); legalizes personal use cannabis for certain adults, subject
to state regulation; decriminalizes small amount marijuana and hashish
possession; removes marijuana as a Schedule I drug.
[Added 8-11-2021 by Ord. No. 2021-07]
CUMA
The New Jersey Jake Honig Compassionate Use Medical Cannabis
Act, P.L. 2009, c. 307 (approved January 18, 2010), amended by P.L.
2019, c. 153 (approved July 2, 2019), codified as N.J.S.A. 24:6I-1
et seq.
[Added 8-11-2021 by Ord. No. 2021-07]
DENSITY
A number expressing dwelling units per gross acre of land.
DWELLING, DUPLEX
A building containing two single-family dwelling units totally
separated from each other by an unpierced wall extending from ground
to roof.
[Added 6-7-2005 by Ord. No. 14-2005]
DWELLING, MULTIFAMILY
A building occupied or intended for occupancy as separate
living quarters for two families or more than two households, with
direct access from the outside for each family or household or through
a common hall, and further provided that separate cooking, sleeping
and sanitary facilities are provided for the exclusive use of the
occupants of each dwelling unit.
[Added 6-7-2005 by Ord. No. 14-2005]
DWELLING UNIT or DWELLING
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one family.
[Amended 11-6-1989 by Ord. No. 15-89]
FAMILY
One or more persons living and cooking together as a single,
nonprofit housekeeping unit, exclusive of household servants.
GARDEN APARTMENT
A building containing four or more apartments, such building having a maximum height of two stories, except as permitted in §
94-38.
GROSS FLOOR AREA
The total floor area in a structure measured around the outside
of the building at each story. If sharing a common wall, the area
shall be measured from the center of interior walls and the outside
of exterior walls. In residential uses the gross floor area shall
exclude the areas of the garage, attic, open porch or patio, cellar,
utility areas, heating and cooling rooms and all portions of floor
areas which have a ceiling height above them of less than 7.5 feet.
In nonresidential structures, the gross floor area shall exclude areas
used for utility, heating, cooling and other mechanical equipment,
but shall include all other areas including cellars, warehousing and
storage areas, regardless of ceiling height.
GROUND-MOUNTED SOLAR ARRAY
A solar energy system, as defined herein, that is mounted
on armatures anchored to the ground with ground cover beneath.
[Added 8-16-2011 by Ord. No. 5-2011]
HOME OCCUPATION
An occupation conducted or based in the single-family residence
occupied by its proprietor or operator of a service character such
as tailoring, beauty care or family day-care home, as defined in N.J.S.A.
40:55D-66.5b, further including a home workshop, storage and assembly
area for building trades, such as plumbing, carpentry and electrical
work performed off site, further including bench-top model making,
bench-top repair and bench-top assembly work, but specifically excluding
light manufacturing, kennels, any transportation terminal or depot
use, automobile or other motor vehicle repair or small engine repair,
and junkyards or the collection of scrap metals or recyclable materials.
[Amended 12-2-1997 by Ord. No. 15-97]
HOME OFFICE
An office conducted in the single-family residence occupied
by its proprietor or operator which does not involve the presence
of customers at the office or the transmission of goods other than
documents, either electronically or by mail, to or from the office.
[Added 12-2-1997 by Ord. No. 15-97]
HOMEOWNERS' ASSOCIATION
A nonprofit corporation operating under a recorded land agreement
through which each lot or dwelling unit owner shall be a member; the
owner of each dwelling unit is subject to a charge for a proportionate
share of the organization's expenses for activities and maintenance,
including any maintenance costs levied against the association by
the township; and each owner and tenant has a right to use the common
property.
HOME PROFESSIONAL OR BUSINESS OFFICE
An office conducted in the single-family residence occupied
by its proprietor or operator, including home professional offices
and home business offices involving the presence of customers, patients
or clients at the office but not involving the retail sale of goods
on site and not involving the rendering of personal care services,
such as beauty care, hair care or the like.
[Added 12-2-1997 by Ord. No. 15-97]
INDUSTRIAL OR OFFICE PARK
A tract comprehensively planned for industrial or office
uses, whether or not the buildings are erected in one development
stage or over a period of time, but where the streets, utilities and
lots and/or tenant's parcels are set forth for the entire tract prior
to construction of any portion of the tract. As development takes
place, changes may be made in the plans for the undeveloped section(s),
provided that the modifications conform to logical extensions of installed
segments of streets, drainage, utilities and other facilities. Parks
with no subdivided lot shall have buildings spaced so that the mortgage
and/or lease lines conform to the requirements for lot lines to establish
conformance with this chapter for such matters as building setbacks,
buffers, driveway locations and distances between buildings.
JUNKYARD
Any area of land, with or without buildings, devoted to the
storage, keeping or abandonment of junked motor vehicles, junk or
debris, whether or not it is in connection with the dismantling, processing,
salvage, sale or other use or disposition thereof of any material
whatsoever.
LOADING SPACE
An off-street berth on the same lot as the building being
served for the temporary parking of a vehicle while loading or unloading.
LOT AREA
The area contained within the lot lines, but not including any portion of a street. The minimum lot area of a lot fronting on a street proposed to be widened in the adopted Master Plan shall be the minimum area required for the district in which it is located plus the additional area needed to anticipate the widening of the street. See Article
VII for additional qualifications on the measurement of lot area.
LOT COVERAGE
The area of a lot covered by buildings and paved surfaces.
LOT DEPTH
The shortest horizontal distance between the front and rear
lot lines measured from the midpoint of the front line to the midpoint
of the rear lot line.
LOT FRONTAGE
The horizontal distance between the side lot lines measured
along the street lines. 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 lot frontage may be reduced to 75%
of the required minimum lot width.
LOT LINE
Any line, including the street line, forming a portion of
the exterior boundary of a lot.
LOT WIDTH
The distance between side lot lines measured parallel to
the street line at the minimum building setback.
MEDICAL CANNABIS DISPENSARY
An organization issued a permit by the commission that authorizes
the organization to: purchase or obtain medical cannabis and related
supplies from medical cannabis cultivators; purchase or obtain medical
cannabis products and related supplies from medical cannabis manufacturers;
purchase or obtain medical cannabis, medical cannabis products, and
related supplies and paraphernalia from other medical cannabis dispensaries
and from clinical registrants; deliver, transfer, transport, distribute,
supply, and sell medical cannabis and medical cannabis products to
other medical cannabis dispensaries; furnish medical cannabis, including
medical cannabis products, to a medical cannabis handler for delivery
to a registered qualifying patient, designated caregiver, or institutional
caregiver consistent with the requirements of Subsection i of Section
27 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-20); and possess, display,
deliver, transfer, transport, distribute, supply, sell, and dispense
medical cannabis, medical cannabis products, paraphernalia, and related
supplies to qualifying patients, designated caregivers, and institutional
caregivers. A medical cannabis dispensary permit shall not authorize
the permit holder to cultivate medical cannabis, to produce, manufacture,
or otherwise create medical cannabis products.
[Added 8-11-2021 by Ord. No. 2021-07]
MEDICAL USE OF CANNABIS
The acquisition, possession, transport or use of cannabis
or paraphernalia by a registered qualifying patient as authorized
by the CUMA.
[Added 8-11-2021 by Ord. No. 2021-07]
MINOR SUBDIVISION
A subdivision of land that does not adversely affect the
development of the remainder of the tract or any adjoining property
and does not involve the creation of more than three lots fronting
on an existing improved street and including the remainder of the
original lot; any new street; or extension of any off-tract improvement.
OFFICE
A place for the transaction of business where reports are
prepared and records are kept, but where no retail sales of goods
are offered and where no manufacturing, assembling or fabricating
takes place.
OFF-SITE AND OFF-TRACT IMPROVEMENTS
Improvements made outside the lot in question or outside
the original tract, respectively, to accommodate conditions generated
by a proposed development, including but not limited to new improvements
and extensions and modifications of existing improvements.
110% PRODUCTION
An energy system produces up to 110% of the energy that the
principal use consumes on average in a year.
[Added 8-16-2011 by Ord. No. 5-2011]
PERMITTED USE
Any use of land or buildings permitted by this chapter.
PERMITTING AUTHORITY
The entity responsible for the regulation and enforcement
of activities associated with the production and/or sale of cannabis.
This shall include the New Jersey Department of Health and the Cannabis
Regulatory Commission, established pursuant to Section 31 of P.L.
2019, c. 153 (N.J.S.A. 24:6I-24), which shall assume all powers, duties,
and responsibilities with regard to the regulation and oversight of
activities authorized pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1
et al.) from the Department of Health for the further development,
expansion, regulation, and enforcement of activities associated with
the medical use of cannabis pursuant to P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et al.). This shall also include any Borough cannabis committee
or entity set up for the review and local licensing of cannabis businesses.
[Added 8-11-2021 by Ord. No. 2021-07]
PLAT, FINAL
The plat of all or a portion of the development submitted
for final approval and, if approved as a subdivision, shall be filed
with the County Recording Officer within the required time, otherwise
the approval shall be void.
PLAT, INFORMAL
The plat submitted for purposes of classification and discussion.
PLAT, PRELIMINARY
The plat submitted as a part of the application for preliminary
approval.
PRINCIPAL USE
The main purpose for which any lot and/or building is used.
PRIVATE SCHOOL
An institution of education whose general course work is
comparable to the public school system and whose curriculum is approved
by the New Jersey Department of Education or the New Jersey Department
of Higher Education.
PUBLIC PURPOSE
The use of land and/or buildings by a municipal, county,
state or federal agency or authority.
QUALIFYING PATIENT or PATIENT
A resident of the State of New Jersey who has been authorized
for medical use of cannabis by a health care practitioner, and who
has been registered by the permitting authority as a registered qualifying
patient.
[Added 8-11-2021 by Ord. No. 2021-07]
REQUIRED IMPROVABLE AREA
A contiguous area of a lot within the building envelope which
does not contain existing or proposed street rights-of-way, wetlands
and their associated transition areas as determined and/or verified
by the New Jersey Department of Environmental Protection, floodplains,
severe slopes, critical slopes, stormwater detention and/or retention
facilities, existing easements which preclude structures and areas
of zero to one-foot seasonal high-water table, based upon the Warren
County Soil Survey. The areas of contiguity shall have a minimum width
dimension of 50 feet. Required improvable areas shall be accessible
to frontage on a street.
[Added 2-17-2004 by Ord. No. 4-2004]
RESTAURANT
A commercial establishment where food and drink are prepared,
served and consumed. As used in this chapter, a restaurant shall not
include a fast-food restaurant as defined herein.
RESTAURANT, FAST-FOOD
A commercial establishment where food and drink prepared
for immediate consumption are purchased at a counter and either eaten
on the premises, in the purchaser's automobile or off the premises.
Those restaurants where food is consumed only at tables on the premises
and served by waiters and waitresses shall not be deemed fast-food
restaurants. Fast-food restaurants shall also not include those retail
stores where food is primarily sold for preparation and consumption
elsewhere, although, as a secondary use of the premises, prepared
food may also be sold over the counter for immediate consumption,
such as a delicatessen.
RIGHT-OF-WAY
The total width and length of the course of a street, watercourse,
utility alignment or other way, and within, under or over which all
improvements and rights of access are confined.
ROOFTOP SOLAR ARRAY
A solar energy system, as defined herein, that is mounted
to the roof of a building or structure.
[Added 8-16-2011 by Ord. No. 5-2011]
SETBACK LINE
A line parallel to a street line or lot line beyond which
a building does not project. The minimum yard requirements shall be
the minimum required setbacks. All setbacks from public streets shall
be measured from the proposed right-of-way as shown on the adopted
Master Plan.
SHOPPING CENTER
A tract comprehensively planned for two or more retail businesses,
whether or not the building(s) are erected in one development stage
or over a period of time, but where the access, parking, buildings,
utilities and lots and/or tenants' parcels are set forth for the entire
tract prior to construction of any portion of the tract. Where there
is more than one building, each building shall be spaced as if they
were to be on separate lots in order to establish conformance with
this chapter for such matters as building setbacks, buffers, driveway
locations and distance between buildings.
SIGHT TRIANGLE
A triangular area at the quadrants of street intersections
where unobstructed visibility is maintained along the intersecting
street.
SIGN
Any announcement, display or illustration placed to be seen
from any street or public way.
SIGN AREA
The square footage of the structure, board, surface, material,
flag or banner, including any boundary, edge or rim, to the outermost
border thereof, and in the case of cloth or other flexible materials
measured when the same are stretched to their largest extent. A flat
sign having two faces, commonly referred to as "double-faced signs,"
shall be permitted.
[Added 11-27-1984 by Ord. No. 20-84]
SIGN, PERMANENT
Any announcement, display or illustration placed to be seen
from any street, public way or area open to the public, which may
or may not have ongoing or intermittent basis for an unlimited period
of time.
[Added 11-27-1984 by Ord. No. 20-84]
SIGN, TEMPORARY
Any announcement, display or illustration placed so as to
be seen from any street, public way or other area open to the public
erected for a limited time and, after the passage of such limited
time, permanently removed.
[Added 11-27-1984 by Ord. No. 20-84]
SITE PLAN APPROVAL
A requirement that the minor or major site plan be approved
by the approving authority prior to the issuance of a building permit
or certificate of occupancy.
SITE PLAN, EXEMPT
Single-family and two-family dwellings, unless such dwellings
involve a home occupation. Building alterations which do not involve
a change in use or additional parking or additional building area
shall be exempt.
SITE PLAN, MAJOR
All site plans for new developments and those site plans
not defined as minor or exempt.
SITE PLAN, MINOR
A nonexempt site plan for development where all of the following
conditions are met:
A.
Requiring no more than five additional parking and/or loading
spaces as specified by this chapter.
B.
Adding no more than 500 square feet of building floor area.
C.
Adding not over 10% more lot coverage.
[Amended 11-6-1989 by Ord. No. 15-89]
SLOPES, CRITICAL
Slopes having a gradient greater than 25%.
[Added 2-17-2004 by Ord. No. 4-2004]
SLOPES, SEVERE
Slopes having a gradient of 15% and not greater than 25%.
[Added 2-17-2004 by Ord. No. 4-2004]
SMALL SOLAR ENERGY SYSTEM
A solar energy system, as defined herein, that is used to
generate electricity and has a nameplate capacity of 100 kilowatts
or less.
[Added 8-16-2011 by Ord. No. 5-2011]
SMALL WIND ENERGY SYSTEM
A wind energy system, as defined herein, that is used to
generate electricity and has a nameplate capacity of 100 kilowatts
or less.
[Added 8-16-2011 by Ord. No. 5-2011]
SOLAR ENERGY SYSTEM
A solar energy system and all associated equipment which
converts solar energy into a usable electrical energy, heats water
or produces hot air or other similar function through the use of solar
panels.
[Added 8-16-2011 by Ord. No. 5-2011]
SOLAR PANELS
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 8-16-2011 by Ord. No. 5-2011]
STORY
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof above, excluding
spaces defined as "half story."
[Added 8-4-2020 by Ord.
No. 2020-09]
STORY, HALF
For an attic space, a habitable space that has a stairway
as a means of access and egress and in which the ceiling area at a
height of seven feet above the attic floor is not more than 1/3 the
area of the next floor below. A half story shall also include a basement
that is accessible from grade. A half story shall be counted as a
full story if it does not meet the definition of "half story" as defined
herein. A single-family dwelling may have a habitable attic or a half-story
basement, but not both.
[Added 8-4-2020 by Ord.
No. 2020-09]
STREET LINE
The edge of the existing or future street right-of-way, whichever
is wider, as shown on an adopted Master Plan or Official Map or as
required by this chapter, forming the dividing line between the street
and the lot.
TOWNHOUSE
One dwelling unit in a row of three or more attached dwelling
units.
TRACT
One or more lots. Existing streets shall not be included
in calculating the area of the tract.
USABLE CANNABIS
The dried leaves, flowers, stems, stalks of a Cannabis sativa
plant, including any mixture manufactured as a tincture, ointment,
salve, or products prepared for oral digestion, but does not include
the seed or roots of the plant.
[Added 8-11-2021 by Ord. No. 2021-07]
UTILITY
Services, including, but not limited to, sewage treatment,
water supply, gas, electric, telephone and cable television.
WIND ENERGY SYSTEM
A wind turbine and all associated equipment, including any
base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
[Added 8-16-2011 by Ord. No. 5-2011]
WIND TURBINE
Equipment that converts energy from the wind into electricity.
This term includes base, blade, foundation, nacelle, rotor, blades,
tower, transformer, vane, wire, inverter, batteries or other components
to store and/or transfer energy.
[Added 8-16-2011 by Ord. No. 5-2011]
YARD
An open space extending between the closest point of any
building and a lot line or street line. All yard dimensions shall
be measured horizontally and at right angles to either a straight
street line, lot line or building facade or perpendicular to the point
of tangent of curved lines and facades.
YARD, FRONT
The area extending across the full width of a lot between
the street line and a line parallel to the street line through the
nearest point of the principal building.
YARD, REAR
The area extending across the full width of the lot between
the rear lot line and a line parallel to the street line through the
nearest point of the principal building to the rear lot line.
YARD, SIDE
The area extending from the front yard to the rear yard and
lying between each side lot line and the building.