For the purpose of this chapter, certain phrases
and words are herein defined as follows:
A.
Words used in the present tense include the future
tense;
B.
Words used in the singular number include the plural
number and vice versa;
C.
Words used to include the male gender include the
female gender and vice versa;
D.
The word "used" shall include arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used;
E.
The word "lot" includes the words "plot" and "premises";
F.
The word "building" includes the word "structure";
G.
The word "shall" is mandatory and not discretionary;
and
H.
The word "may" is discretionary and not mandatory.
A.
Whenever a word or term is used in this chapter which
is not defined in this chapter, but is defined in the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.), the word or term is intended
to be consistent with the meaning as defined in the Municipal Land
Use Law and with the permissible standards pertaining to the word
or term.
B.
Any word or term used in this chapter which is not
defined in this chapter or in the Municipal Land Use Law is being
used with a meaning of standard usage as defined in Webster's New
International Dictionary of the English Language, unabridged and latest
edition.
The following words and terms shall have the
meanings as 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, including,
but not limited to, garages, carports, barns, decks, kennels, sheds,
nonportable swimming pools, guesthouses and all roofed structures.
An extension or an increase in the floor area, height or
coverage of a building or structure.
The Clerk of the Land Use Board, unless a different municipal
official is designated by this chapter to administer certain of the
responsibilities specified for the Administrative Officer in the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.).
[Amended 4-11-2012 by Ord. No. 2012-02]
The Clerk of the Land Use Board shall be nominated
and appointed by the Township Committee at its annual reorganization
meeting and shall be paid a salary in accordance with the annual Salary
Ordinance adopted by the Township Committee.
Nothing shall prohibit the Land Use Board from
appointing its designated Clerk also as its Secretary in accordance
with N.J.S.A. 40:55D-24 and N.J.S.A. 40:55D-69, respectively.
The Township Committee also may appoint an Assistant
Clerk of the Land Use Board, as deemed necessary, who shall be paid
a salary in accordance with the annual Salary Ordinance adopted by
the Township Committee.
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on properties including, but not limited to, inadequate
drainage facilities, unsuitable street grades, street locations that
fail to compose an effective circulation system, failure to provide
or make future allowance(s) for access to the interior portion of
adjoining lots or for other facilities required by this chapter, and
danger from fire, flooding, erosion or other menace.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the means of egress; or an enlargement,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another.
The developer submitting an application for development.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction for issuance
of a permit pursuant to N.J.S.A. 40:44D-34 or N.J.S.A. 40:44D-36 of
the Municipal Land Use Law.
The Land Use Board, unless a different agency is designated
in this chapter pursuant to the Municipal Land Use Law.
[Amended 4-11-2012 by Ord. No. 2012-02]
A space between the ceiling beams of the top habitable story
and the roof rafters. Attic space which has a stairway for access
and egress and in which the ceiling area at a height of 7 1/3
feet above the attic floor is more than one-third the area of the
floor next below shall be considered a "story" for the purposes of
this chapter.
That portion of a building partly below and partly above
grade, where the ceiling averages four feet or more than four feet
above the finished grade where such grade meets the outside walls
of the building. A basement shall be considered a "story" above grade
when the distance from grade to the finished surface of the floor
above the basement is more than six feet for more than 50% of the
total perimeter, or is more than 12 at any point.
Overnight accommodations and a morning meal in a dwelling
unit provided to transients for compensation.
[Added 10-19-2005 by Ord. No. 2005-16]
A private room planned or intended for sleeping, separated
from other rooms by a door and accessible to a bathroom without crossing
another bedroom and having an access window.
[Amended 6-28-2023 by Ord. No. 2023-10]
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes which is located on a
site other than the site to which the advertising relates.
The Land Use Board of the Township of Blairstown.
[Amended 4-11-2012 by Ord. No. 2012-02]
A facility providing temporary overnight or daytime-only
boarding (i.e., "doggie day-care center") of dogs or other household
animals for a fee or compensation. Other services may include grooming,
training, breeding, and retail sales of dogs or other household animals
and accessory products. Such facility is categorized as a registered
animal facility.
[Added 6-28-2023 by Ord.
No. 2023-10]
A building or part thereof, other than a building containing
apartments or townhouses as permitted by this chapter, arranged or
used for lodging for compensation, monetary or otherwise, with or
without meals included, and not occupied as a single housekeeping
unit.
A structure having a clear span designed to convey vehicles
and/or pedestrians over a watercourse, railroad, public or private
right-of-way, or any depression.
[Amended 6-28-2023 by Ord. No. 2023-10]
An unoccupied portion of land maintained as a landscaped
area and used to visually shield or obscure one abutting or nearby
structure or use from another and consisting primarily of densely
planted vegetation as well as possibly earthen berms, fencing and/or
walls.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The vertical distance measured to the highest point of a
building from the mean elevation of the finished grades along all
sides of the building, provided that if the finished grade is higher
then the predevelopment grade at any point beneath the building, than
the building height shall be measured from an elevation no higher
than one foot above the highest point of the predevelopment grade
beneath the building. 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.
[Amended 5-28-2003 by Ord. No. 2003-7]
A plot of ground and/or water upon which two or more campsites
are located, established or maintained for occupancy by camping units
(e.g., cabins, tents, shelters, houseboats or other accommodations)
for use by the general public as temporary quarters for recreational,
educational, religious and/or vacation purposes. The term "camp" does
not mean a boardinghouse, hotel or motel or a site for the location
of mobile homes.
The hard or paved surface portion of a street customarily
used for 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 the paved or graded width.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground. A space
with more than 1/2 of its floor-to-ceiling height above the average
grade of the adjoining ground that has a floor-to-ceiling height of
less than 6 1/2 feet is also a cellar.
[Amended 6-28-2023 by Ord. No. 2023-10]
A facility operated by a licensed wireless communications
service provider capable of receiving and transmitting electromagnetic
waves associated with wireless telecommunications services.
[Amended 6-28-2023 by Ord. No. 2023-10]
A document issued by a governmental authority allowing the
occupancy or use of a building and certifying that the structure has
been constructed and will be used in compliance with all the applicable
state and municipal codes and ordinances.
[Amended 6-28-2023 by Ord. No. 2023-10]
Any facility which:
Is maintained for the care, development and
supervision of six or more children who attend the facility for less
than 12 hours a day;
Offers such programs as day-care centers, drop-in
centers, day nursery schools, play schools, cooperative child centers,
centers for children with special needs, infant-toddler programs,
employment-related centers, and/or kindergartens that are not an integral
part of a private educational institution or system offering elementary
education in grades kindergarten through sixth; and
Does not offer programs operated by a public
or private day school of elementary and/or high school grade, special
activity programs for children, youth camps, and/or religious classes
or centers.
A building or structure, or groups of buildings or structures,
which by design and construction are primarily intended for the conducting
of organized religious services and accessory uses associated therewith,
provided that the permitted accessory uses shall be limited to a residence
for the clergy associated with the house of worship, classrooms for
religious instruction, day care and/or preschool facilities, a social
hall/gymnasium/meeting room for dinners, social functions and recreational
purposes, and similar accessory uses. Any reference to "church" in
this chapter shall mean a church and/or similar place of worship as
here defined, except that this definition of "churches and similar
places of worship" shall not apply to the approximately 117 acres
of land in the R-5 District designated as Lots 8, 1.05 and 1.09 in
Block 2101 on the Township Tax Maps which were the subject of an August
6, 1999, consent judgment regarding the International Mahavir Jain
Mission, Case No. 97-3331 (AET).
[Added 8-9-2000 by Ord. No. 2000-06;
amended 4-4-2001 by Ord. No. 2001-03]
A group of people organized for a common purpose to pursue
common goals, interests, or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws.
[Amended 6-28-2023 by Ord. No. 2023-10]
A facility in which the activity of keeping, breeding, and/or
training dogs is conducted for a fee or compensation. A commercial
kennel may not offer boarding of nonowned animals, except for the
specific purpose of breeding or training. Such facility is categorized
as a registered animal facility.
[Added 6-28-2023 by Ord.
No. 2023-10]
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 complimentary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
A community residential facility licensed pursuant to P.L.
1997, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 persons with head injuries, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to: group homes, halfway houses, supervised apartment
living arrangements and hospitals. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c.136 (N.J.S.A. 26:2H-1 et seq.). The term
"person with head injury" means a person who has sustained an injury,
illness or traumatic changes to the skull, the brain contents or its
coverings which results in a temporary or permanent physiobiological
decrease of mental, cognitive, behavioral, social or physical functioning
which causes partial or total disability.
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons, who require
assistance, temporarily or permanently, in order to live in the community,
and shall include, but not be limited to: group homes, halfway houses,
intermediate care facilities, supervised apartment living arrangements,
and hostels.
Such a residence shall not be considered a health
care facility, within the meaning of the Health Care Facilities Planning
Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
In the case of such community residence housing
mentally ill persons, such residence shall have been approved for
a purchase of service contract or an affiliation agreement pursuant
to such procedures as shall be established by regulation of the Division
of Mental Health and Hospitals of the Department of Human Services.
As used in this chapter, "developmentally disabled
person" means a person who is developmentally disabled as defined
in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally
ill person" means a person who is afflicted with a mental illness
as defined in N.J.S.A. 30:4-23,[1] but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:40-1-14) providing food, shelter, medical care, legal
assistance, personal guidance, and other services to not more than
15 persons who have been victims of domestic violence, including any
children of such victims, who temporarily require shelter and assistance
in order to protect their physical or psychological welfare.
An application for development shall be complete for purposes
of commencing the applicable time period for action by the Land Use
Board when so certified by the Board or by its designee authorized
for that purpose in accordance with the applicable provisions specified
in § 19-800 of this chapter.
[Amended 9-9-1998 by Ord. No. 98-09; 4-11-2012 by Ord. No.
2012-02]
In the event the application is not certified
to be complete by the Board or its authorized designee within 45 days
of the date of its submission, the application shall be deemed complete
upon the expiration of the forty-five-day period for purposes of commencing
the applicable time period for action by the Land Use Board unless:
The applicant may request that one or more of
the submission requirements be waived, in which event the Board or
its authorized designee shall grant or deny the request within the
same forty-five-day time period.
Nothing herein shall be construed as diminishing
the applicant's obligation to prove in the application process that
he/she or she is entitled to approval of the application.
The Land Use Board may subsequently require
the correction of any information found to be in error and/or the
submission of additional information not specified in this chapter
and/or revisions to the documents accompanying the submitted application,
each and all as are reasonably necessary for the Board to make an
informed decision as to whether or not the requirements necessary
for approval of the application have been met. However, the application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
Board.
A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in § 19-601 of this chapter, and upon the issuance of an authorization therefor by the Land Use Board.
[Amended 4-11-2012 by Ord. No. 2012-02]
Environmentally sensitive area with characteristics such
as steep slopes, wetlands, floodplains, high water tables, forest
areas, endangered species habitat, or dunes, or areas of significant
biological productivity or uniqueness that have been designated for
protection from any activity that would significantly alter their
ecological integrity, balance, or character or natural scenic, aesthetic
or historic value of the land.
[Amended 6-28-2023 by Ord. No. 2023-10]
A grant of a property right that the described land will
remain in its existing natural state in perpetuity, preserving open
space, aquatic buffers and/or the natural, scenic, aesthetic or historic
value of land.
[Amended 6-28-2023 by Ord. No. 2023-10]
An individual designated by the Township Committee of the
Township of Blairstown and duly licensed by the New Jersey State Department
of Community Affairs to serve as the Construction Official.
Any development other than planned development.
The aggregate square footage or other area measurement by
which a building occupies a lot as measured in a horizontal plane
around the periphery of the foundation, including the area under any
roof extending more than two feet beyond the foundation.
The aggregate square footage or other area measurement by
which all sidewalks, driveways and parking areas, whether paved, graveled
or unsurfaced, and all buildings and other structures cover a lot,
as measured in a horizontal plane to the limits of the structure or
improvement.
[Amended 6-28-2023 by Ord. No. 2023-10]
An area with one or more of the following environmental characteristics:
Steep slopes.
Floodplain.
Soils classified as having high water tables.
Soils classified as highly erodible, subject to erosion, or
highly acidic.
Land incapable of meeting percolation requirements.
Land formerly used for landfill operations or hazardous industrial
use.
Fault areas.
Stream corridors.
Estuaries.
Mature stands of native vegetation.
Aquifer recharge and discharge areas.
Wetlands and wetland transition areas.
Habitats of endangered species.
(See "conservation area.")
Calendar days.
An appropriation or giving up of property to public use,
which precludes the owner or others under him/her from asserting any
right of ownership inconsistent with the use for which the property
is dedicated.
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 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.
[Amended 6-28-2023 by Ord. No. 2023-10]
A part, zone, or geographic area within the municipality within
which specific zoning or development regulations apply.
An area of a community with a unique character identifiable
as different from surrounding areas because of its distinctive architecture,
street pattern, geographic features, diversity of land uses, and/or
social or cultural characteristics.
The removal of surface water or groundwater from land by
drains, grading or other means and including control of runoff during
and after construction or development in order to accomplish the following:
Minimize erosion and sedimentation;
Assure the adequacy of existing and proposed
culverts and bridges;
Induce water recharge into the ground where
practical;
Lessen nonpoint pollution;
Maintain the integrity of stream channels for
their biological functions as well as for drainage; and
Provide the means necessary for water supply
preservation and prevention or alleviation of flooding.
The lands required for the installation and maintenance of
stormwater drains and pipes, sanitary sewers, water supply pipes,
drainage ditches and other utility infrastructure, or the lands required
along a natural stream or watercourse in order to preserve the channel
and provide for the overland flow of water to safeguard the public
against flood damage.
A means of ingress and egress for vehicles to and from a
property.
A room or series of connected rooms designed for permanent
residency and containing living, cooking, sleeping and sanitary facilities
for one housekeeping unit. A dwelling shall be self-contained and
shall not require the use of outside stairs, passing through another
dwelling unit or any other indirect route(s) to get to any portion
of the dwelling unit, nor shall there be shared facilities with another
housekeeping unit.
APARTMENTA building, other than a building of attached townhouses, containing a minimum of three dwelling units.
DETACHED SINGLE-FAMILYA building containing sleeping, sanitary and general living facilities which is physically detached from any other building or portion thereof and which is occupied or intended to be occupied for residence purposes by one housekeeping unit only, including any domestic servants employed on the premises.
ACCESSORY APARTMENTA second residential dwelling unit created within a detached single-family dwelling unit in accordance with the requirements of this chapter.
ELDER COTTAGE HOUSING OPPORTUNITY (ECHO) UNITA separate and detached living quarter unit, accessory to a primary detached single-family unit, for the use, and occupied by, elderly parents and relatives of the occupants of the primary detached single-family unit.
PATIO HOMEA one-family detached dwelling unit on an individual lot which is attached to a second one-family dwelling unit on an adjacent lot.
RESIDENTIAL FLATA dwelling unit in accordance with the specific provisions of this chapter located within the 1 1/2 stories above permitted commercial uses located on the first floor, except that no residential flat or portion thereof shall be located above a restaurant, theater, dry-cleaning establishment, or any use which utilizes either a condenser or compressor.
TOWNHOUSEA building containing at least four, but no more than eight, connected dwelling units, where each dwelling unit:
Has its own front and rear access to the outside;
Is not located over any portion of another unit;
Is separated from any other dwelling unit by
one or more common fire-resistant walls; and
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.
TWO-FAMILYA structure on a single lot containing two dwelling units, each of which has an entrance on the first floor and each of which is totally separated from the other either by an unpierced wall extending from the ground to the roof or by an unpierced ceiling and floor extending from exterior wall to exterior wall, except for an opening or openings to permit access to the outside or to a common basement.
A right, created by deed or other legal means, to use the
real property of another for one or more specific purposes (e.g.,
access, drainage, conservation, utility services, etc.) for the benefit
of private persons or for the benefit of the public.
An increase in the size of an existing structure or use,
including the physical size of the property, building, parking, and
other improvements.
[Amended 6-28-2023 by Ord. No. 2023-10]
The detachment and movement of soil or rock fragments or
the wearing away of the land surface by water, wind, ice, and gravity.
[Amended 6-28-2023 by Ord. No. 2023-10]
A group of individuals, not necessarily related by blood,
marriage, adoption, or guardianship, living together in a dwelling
unit as a single housekeeping unit; but not including any society,
club, fraternity, sorority, association, lodge, federation, or like
organization, or any group of individuals who are in a group living
arrangement as a result of criminal offenses. (See "household.")
[Amended 6-28-2023 by Ord. No. 2023-10]
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day care in which child care services are regularly provided
to no less than three and no more than five children at any one time
for no less than 15 hours per week. A child being cared for under
the following circumstances is not included in the total number of
children receiving child care services:
A lot with at least five acres of land devoted to the growing
and harvesting of crops and/or the raising and/or breeding of animals,
including truck farms, fruit farms, nurseries and greenhouses, silva
culture operations, dairies and livestock produce, except that commercial
piggeries and commercial slaughtering are prohibited:
A farm may have a single-family detached dwelling
situated thereon, provided that the farm must then be at least six
acres in size. Any single-family detached dwelling situated on a farm
shall be subject to the requirements specified for detached dwelling
units within the R-5 Single-Family Residential Zoning District, except
that the minimum lot size requirement specified for the R-5 Zoning
District shall not apply to detached dwellings situated on farms.
[Amended 4-4-2001 by Ord. No. 2001-03]
Structures incidental to a farm such as barns
and packing, grading and storage buildings for produce raised on the
premises; fences; buildings for the keeping of permitted poultry and
livestock; and garages for the keeping and maintaining of trucks and
other equipment used in farm operations are permitted when accessory
to a permitted farm use.
An accessory building to a farm located on the farm property
for the purpose of selling the products of the subject farm and which
is open for business not more than nine months of every year. If goods
or produce are offered for sale other than the products of the subject
farm, not more than 50% of the areas of the farm stand or an area
equivalent to the space within the farm stand used for the sale of
the products from the subject farm, whichever is less, shall be used
for the sale of such other goods or produce.
An individual designated by the Township of Blairstown and
certified by the Commissioner of the New Jersey State Department of
Community Affairs to serve as the Fire Official.
A qualified individual appointed by the Township of Blairstown
to enforce the fire protection rules of the New Jersey Uniform Construction
Code (N.J.A.C. 5:23-1 et seq.) which are within the jurisdiction of
the Township.
The relatively flat area adjoining the channel of a natural
stream which has been or may be hereafter covered by floodwater, including
the following components:
FLOOD HAZARD AREA DESIGN FLOODThe one-hundred-year storm in nondelineated areas and the one-hundred-year storm plus 25% in delineated areas.
FLOODWAYThe channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream without accumulatively increasing the water surface elevation more than 0.2 feet.
FLOOD FRINGE AREAThe portion of the flood hazard area not designated as the floodway.
FLOOD HAZARD AREAThe floodway and the flood fringe area of a delineated stream.
The sum of the gross horizontal areas of all floors of a
building measured from the exterior face of exterior walls or from
the center line of a wall separating two buildings, provided that
any area used for interior parking spaces, loading spaces or any area
where the floor-to-ceiling height is less than six feet shall not
be included in the calculation of gross floor area (G.F.A.).
The gross floor area (G.F.A.) minus the area of stairwells,
elevator shafts, mechanical equipment rooms, utility rooms and any
basement or cellar area not to be used for human habitation and not
accessible to the public. Where the final floor plan of a building
is not available at the time of site plan review, the net habitable
floor area shall be defined as the gross floor area minus 15%, provided
that the proposed use of any basement and cellar areas shall be specified
in writing by the applicant and included in the net habitable floor
area number if such areas are not specifically restricted against
human habitation and/or access to the public.
The sum of the gross floor area (G.F.A.) on a site compared
to the total area of the site.
The square footage of the total wall surface of the front
of building below the roofline, including any windows or doors. The
front of the building shall be where the main entrance is located.
An accessory building to a principal nonresidential building
and use, which is used primarily for the parking and storage of vehicles
operated by the customers, visitors and employees of such nonresidential
building and use, and which is not available to the general public.
An accessory building for the storage of motor vehicles regularly operated by occupants of the principal building and in which no occupation, business or service for profit is carried on, other than a home occupation as permitted in accordance with § 19-602 of this chapter. Said garages shall have solid floors (as opposed to dirt or gravel floors) and shall be limited in capacity to three vehicles.
A building or portion thereof, other than a private nonresidential
garage or private residential garage, used primarily for the parking
and storage of vehicles and available to the general public.
Any building, premises and land in which or upon which a
business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
Land and/or greenhouses, which does not qualify as a farm
stand as defined in this chapter and which may be associated with
or be separate from a farm, where flowers, shrubs and/or other plants
and related garden supplies are offered for retail sale to the public.
A tract of land laid out for at least nine holes for playing
the game of golf, and that may include a clubhouse, dining and snack
bars, pro shop, and practice facilities. See "country club."
[Amended 6-28-2023 by Ord. No. 2023-10]
The Township Committee of the Township of Blairstown.
[Amended 6-28-2023 by Ord. No. 2023-10]
A district, zone, or area designated by a local, state, or
federal authority within which the buildings, structures, appurtenances,
and places are of basic and vital importance because of their association
with history, or because of their unique architectural style and scale,
including color, proportion, form, and architectural detail; or because
of their being a part or related to a square, park, or area, the design
or general arrangement of which should be preserved and/or developed
according to a fixed plan based on cultural, historical, or architectural
motives or purposes. (See "National Register of Historic Places" and
"historic district.")
[Amended 6-28-2023 by Ord. No. 2023-10]
A business conducted in or from a single-family detached dwelling unit and/or its permitted accessory buildings or structures, which business is clearly subordinate and ancillary to the principal single-family residential use of the property and which business meets the requirements specified for home occupations in § 19-602 of this chapter. For purposes of this chapter, the term "home occupation also shall include family day-care homes but shall not include home offices, each as defined in this chapter.
The use of a portion of a dwelling as an office area for
use only by members of the household residing on the premises and
subject to the following:
The office area shall not occupy more than 500
square feet nor more than 12 1/2% of the gross floor area (G.F.A.)
of the dwelling, whichever is less, specifically excluding the area
of garages, basements and attics in the calculation of gross floor
area;
The office area shall not be a segregated portion
of the house, but shall be an existing room or area within the dwelling
unit which is integrated within the overall floor plan of the dwelling;
The office area shall not contain any kitchen
or bathroom facilities which are separate from the remainder of the
dwelling unit;
The office area shall have only typical office
equipment limited to computers, telefax machines, telephones, copying
machines and other similar office equipment;
No supplies or furnishings shall be permitted
other than typical office supplies and furnishings;
No evidence of the office area shall be shown
to the outside of the dwelling unit; and
No persons shall be permitted on the property
regarding the office area other than people making deliveries or service
calls as otherwise might occur on the property regarding the dwelling
unit.
An organization operating in a development under recorded
agreements through which each lot owner shall be a member and each
dwelling unit is subject to a charge for a proportionate share of
the expenses for the organization's activities and maintenance, including
any maintenance costs levied against the association by the Township
in accordance with N.J.S.A. 40:55D-43.
A building or group of buildings consisting of individual
sleeping units designed for transient travelers and not for permanent
residency.
Any animal which is typically kept as a pet that resides
within the residence and is customary to residential districts. This
shall also apply to licensed animals such as cats and dogs that may
also reside outside upon the residential property.
[Added 12-12-2018 by Ord. No. 2018-28]
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.
As applied to all surfaces, that portion of the premises
covered by buildings, principal and accessory, and other improvements
such as driveways, parking lots, pools, tennis courts, patios, porches
and walkways. All surfaced parking areas and driveways, all required
parking areas which are permitted to remain unsurfaced, and all gravel
driveways and gravel parking lots shall be considered an impervious
surface for the purposes of this chapter.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey or, 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 the provisions of this chapter, or whose rights
to use, acquire, or enjoy property under the provisions of the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) or under the provisions of
this chapter or under any other law of this state or of the United
States have been denied, violated or infringed upon by an action or
a failure to act under the provisions of the Municipal Land Use Law
and/or this chapter.
Any space, whether inside or outside a building, used for
the storage, keeping or abandonment of junk, including scrap metals
or other scrap materials, or for the dismantling, demolition, salvage,
resale or abandonment of automobiles or other vehicles or machinery
or parts thereof, except and provided as follows:
Agricultural machinery used by a farming operation
on a farm may be stored outside on the subject farm if set back at
least 50 feet from all street right-of-ways and all property lines;
and
Up to two unlicensed vehicles awaiting repair
may be located on any lot within the Township of Blairstown for a
time period not exceeding an aggregate of two months, provided that
said vehicles are located within side or rear yard areas only.
Includes improvements and fixtures on, above or below the
surface.
Any activity involving the clearing, cutting, excavating,
or grading of land or any other activity which alters land topography
and/or vegetative cover.
Any activity involving the fabrication, reshaping, reworking,
assembly or combining of products, parts and/or materials which:
Does not involve the union of chemicals, compounds
or elements to produce a new compound or substance on site for direct
industrial sale;
Does not involve the union of chemicals, compounds or elements on site for use during fabrication, reshaping, reworking, assembly, or combining of the products, parts and/or materials, except that the incidental application of chemicals or chemical products brought to the site is permitted pursuant to Subsection C of this definition hereinbelow.
May involve the incidental application of chemicals,
compounds or elements of chemical products during the fabrication,
reshaping, reworking, assembly or combining of the products, parts
and/or materials, including, but not limited to, painting, gluing
and cleaning;
Stores and contains any and all products, parts
and/or materials utilized during the fabrication, reshaping, reworking,
assembly or combining of the products, parts and/or materials within
completely enclosed buildings; and
May involve the ancillary storage and warehousing
of the items fabricated, reshaped, reworked, assembled or combined
during the limited manufacturing activity.
An off-street parking 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.
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. The word "lot" includes the words "plot"
and "premises."
The area contained within the lot lines of a lot and not
including any portion of a street right-of-way.
A lot abutting the intersection of two or more streets, where
the interior angle of intersection does not exceed 135°. Each
corner lot shall have two front yards, one side yard and one rear
yard, the side and rear yards to be designated at the time of application
for a construction permit.
The perpendicular distance between the street line or front
lot line and a line drawn parallel thereto through the midpoint of
the rear lot line.
 |
The continuous horizontal distance between the side lot lines
measured along the street line. The minimum required lot frontage
shall be the same as the minimum required lot width, except that where
the lot frontage in its entirety is a curve with an outside radius
of less than 500 feet, the minimum required frontage shall not be
less than 75% of the required minimum lot width, unless a lesser frontage
is permitted by this chapter. In the case of a corner lot, either
street line may be considered the lot frontage, provided that it equals
or exceeds the minimum frontage requirements of this chapter for the
land in question.
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot which is the same line as the street line for that portion of
a lot abutting a street.
The straight line horizontal distance between side lot lines
at setback points on each side lot line measured from the street line
at the minimum required building setback line.
In accordance with the requirements of this chapter, any
security which may be accepted by the Township of Blairstown for the
maintenance of any improvements required by this chapter including,
but not limited to, surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
A unit of housing, not including a travel trailer, a camper
trailer or other recreational vehicle, which is transportable in one
or more sections, which is built on a permanent chassis and which
is designed to be used, when connected to utilities, as a dwelling
unit on a permanent or nonpermanent foundation.
In accordance with N.J.S.A. 40:55D-102a(4),
a manufactured home must be manufactured in accordance with the standards
promulgated for a manufactured home pursuant to the "National Manufactured
Housing Construction and Safety Standards Act of 1974", Pub. L. 93-383
(42 U.S.C. 5401 et seq.) and the standards promulgated for a manufactured
or mobile home by the Commissioner of the Department of Community
Affairs pursuant to the State Uniform Construction Code Act, P.L.
1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
For the purposes of this chapter, no manufactured
home, mobile home other such movable dwelling unit shall be permitted
within the Township of Blairstown except in accordance with N.J.S.A.
40:55D-104 of the Municipal Land Use Law.
A swimming pool and the apparatus and equipment pertaining
thereto, operated on a membership basis without a daily admission
charge.
In accordance with N.J.S.A. 40:55D-47a of the Municipal Land
Use Law, the Minor Subdivision Committee is established to review
and approve certain minor subdivision applications for development
on behalf of and in lieu of the Land Use Board. The Minor Subdivision
Committee shall consist of three members of the Land Use Board appointed
by the Land Use Board Chairman, who also shall designate a Chairman
and Secretary of the Minor Subdivision Committee. The Land Use Board
Chairman also may appoint additional persons to serve as advisers
to the Minor Subdivision Committee.
[Amended 4-11-2012 by Ord. No. 2012-02]
The Blairstown Township Land Use Board or the Blairstown
Township Committee when acting pursuant to the Municipal Land Use
Law (N.J.S.A. 40:55D-1 et seq.).
[Amended 4-11-2012 by Ord. No. 2012-02]
A building or structure, the size, dimension or location
of which was lawful prior to the adoption, revision or amendment of
this chapter, but which fails to conform to the requirements of the
zoning district in which it is located by reasons of such adoption,
revision or amendment.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
[Added 12-12-2018 by Ord. No. 2018-28]
Any animal which is typically found on a farm, ranch or at a
stable. These animals include but are not limited to horses, ponies,
cows, cattle, chickens, roosters, donkeys, mules, goats, sheep, swine,
pigs, llamas, alpacas, emus, ostriches, ducks, turkeys, geese, guinea
hens, pigeons, pheasants, quail, chukar, and other common fowl.
Any animal, reptile or fowl which is not naturally tame or gentle
but is generally of an exotic or wild nature or disposition and which,
because of its size, potentially dangerous nature or other characteristics,
may constitute a threat to public health and safety. Including, but
not limited to:
Any member of the Felidae family. Examples: lions, tigers, jaguars,
leopards, cougars, bobcats, lynx, ocelots, etc., or any hybrid of
these species even if cross bred with domesticated cats. Commonly
domesticated cats are exempt.
Any member of the Canidae family. Examples: wolves, foxes, coyotes,
dingoes, jackals, etc., or any hybrid of these species if cross bred
with domesticated dogs. Commonly recognized domesticated dogs are
exempt.
All primates. Examples: monkeys, baboons, orangutans, apes,
chimpanzees, gibbons, gorillas, etc.
All crocodilian species. All species and subspecies of alligators,
crocodiles, caiman, etc.
Large lizards. Examples: Komodo dragons, all species and subspecies
of monitor lizards, etc. Small lizards commonly recognized as pets
are exempt. Examples: bearded dragons, newts, iguanas, geckos, etc.
All poisonous and/or venomous animals regardless of biological
classification.
All species of animals commonly recognized as wildlife. Examples:
deer, bears, skunks, raccoons, squirrels, opossum, groundhogs, bats,
etc.
All species of farm animal or livestock as defined above.
Any animal, species or subspecies that is prohibited by state
or federal law.
Any animal not specifically listed above, but which can be reasonably
defined as nondomesticated animal under this chapter.
Any offensive, annoying, unpleasant or obnoxious thing or
practice which unreasonably interferes with the enjoyment and use
of property.
A type of farm where land and/or greenhouses are used to
raise flowers, shrubs and/or other plants for wholesale to landscape
contractors and to garden supply retailers.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application, or on a contiguous portion of the 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.
Any parcel or land area 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 buildings, structures, streets,
off-street parking and other improvements that are designed to be
incidental to the natural openness of the land.
An incorporated, nonprofit organization, often times called
a "homeowners' association," which operates under a recorded land
agreement and provides that:
Each owner is automatically a member;
Each occupied dwelling unit is automatically
subject to a charge for a proportionate share of the expenses for
the organization's activities and maintenance, including any maintenance
costs levied against the organization by the Township of Blairstown;
and,
Each owner and tenant has the right to use the
common property.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek development
of land.
Any area for the parking of motor vehicles, exclusive of
driveways, access drives, fire lanes and public rights-of-way, either
within a structure or in the open, in accordance with the following:
Each nonhandicapped space shall not be less
than nine feet wide by 18 feet in length;
Each handicapped space shall not be less than
eight feet wide by 18 feet in length and shall have an adjacent pedestrian
access aisle at least five feet wide, provided that if a different
requirement for a handicapped space has been adopted by the state,
then the most current requirement shall be met; and
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.
 |
In accordance with the requirements of this chapter, any
security which may be accepted by the Township of Blairstown in lieu
of a requirement that certain improvements be completed prior to final
approval of a development application, including, but not limited
to, surety bonds, letters of credit under the circumstances specified
in the Municipal Land Use Law at N.J.S.A. 40:55D-53.5, and cash.
Any use of land or buildings as permitted by this chapter.
An area to be developed as a single entity according to a
plan in accordance with the applicable requirements of this chapter
and which includes common or public open space area as an appurtenance;
i.e., a development in which the permitted buildings are grouped closer
to each other than would otherwise be permitted, and in which the
open space so saved remains an integral element of the development.
A building, structure or use which is the main or primary
building, structure or use on the lot.
A street that is not publicly maintained or not intended
to be publicly maintained.
The office of a physician, surgeon, dentist, architect, lawyer,
land use planner, engineer, real estate broker, insurance broker or
similar profession.
The use of land or buildings by the Township of Blairstown
or any officially created authority or agency thereof.
Those facilities that receive, distribute, house, sell or train dogs for a fee or compensation on a commercial basis, or a facility operated as a rescue kennel. All registered animal facilities are subject to Township Code Chapter 62 and related ordinances for noise control, health issues, zoning, fencing, and privacy screening. They must also comply with N.J.S.A. 4:22-17.5, Proper shelter for a dog, domestic companion animal, or service animal.
[Added 6-28-2023 by Ord.
No. 2023-10]
A facility in which the boarding and keeping of dogs is conducted
for humanitarian purposes by a legally registered animal rescue organization
on a not-for-profit basis. Such dogs are to be transferred as soon
as practical to an animal foster home or permanent owner. Such facility
is categorized as a registered animal facility.
[Added 6-28-2023 by Ord.
No. 2023-10]
The growing and harvesting of plant life and the keeping
of nonhousehold animals for the enjoyment of the residents on the
property and not for commercial purposes, provided the following:
A building, accessory to a detached dwelling unit, which
is utilized for the storage of tools, lawn and garden equipment and
furniture and similar items of personal property owned by the occupants
of the detached dwelling unit.
Any establishment, however designated, at which food is sold
primarily for consumption on the premises and within a building, providing
that a drive-through window shall be considered as an accessory use
to the restaurant requiring conditional use approval by the Township
where permitted and in accordance with the applicable provisions of
this chapter. However, a snack bar or refreshment stand at a public
swimming pool, golf course, playground, playfield or park, operated
solely by the agency or group operating the recreational facility
and for the convenience of the patrons of the facility, shall not
be deemed a restaurant.
The further division of lots 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 streets or the
establishment of any new streets within any subdivision previously
made and approved or recorded according to law, but not including
conveyances so as to combine existing lots by deed or other instrument.
[Amended 6-28-2023 by Ord. No. 2023-10]
A building or group of buildings containing separate, individual
and private storage spaces of varying sizes available for lease or
rent for varying periods of time.
[Added 10-19-2005 by Ord. No. 2005-16]
Lands and buildings providing for the sale of automotive
fuel, lubricants, and automotive accessories. Maintenance and minor
repairs for motor vehicles may be provided, but no body repairs or
painting or the storage of inoperable, wrecked or unregistered vehicles
shall be permitted. Additionally, no car wash operation, car or truck
rental, parking for a fee or other activity not specifically a part
of the service station use shall be permitted.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A line drawn parallel with a street line or proposed street
line or lot line and drawn through the point of a building nearest
to the street line or proposed street line or lot line. The term "required
setback" means a line that is established a minimum horizontal distance
from the street line or proposed street line or lot line and beyond
which a building or part of a building is not permitted to extend
toward the street line or proposed street line or lot line.
 |
A group of commercial establishments which are planned, constructed
and managed as a total entity in accordance with a common architectural
theme and which are provided on-site customer and employee parking
and the location for the delivery of goods separated from customer
access.
A triangular area established in accordance with the requirements
of this chapter in which no grading, planting or structure shall be
erected or maintained more than 12 inches above the street center
line except for street signs, fire hydrants and light standards.
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images.
[Amended 6-28-2023 by Ord. No. 2023-10]
A development plan of one or more lots which shows:
The existing and proposed conditions of the
lot including, but not necessarily limited to, topography, vegetation,
drainage, floodplains, marshes and waterways;
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices; and
Any other information that may be reasonably
required in order to make an informed determination concerning the
adequacy of the plan in accordance with the requirements of this chapter.
MINOR SITE PLANAny development plan which:
Is limited to the proposed construction of any permitted accessory use which is not exempted from site plan review in § 19-802B of this chapter.
Consists of an expansion of, or addition to,
an existing structure and/or use which is not exempted from site plan
review in § 19-800B of this chapter and which expansion
or addition:
Does not account for more than 10% additional
building coverage nor 10% additional lot coverage;
Does not exceed more than 4,000 cubic feet of
enclosed and roofed area;
Does not involve a planned development; and
Does not entail the installation of any road
improvements or the expansion of public facilities or the installation
of utilities other than normal services.
MAJOR SITE PLANAny site plan which is not classified as a minor site plan.
That portion of a building included between the upper surface
of any floor and the upper surface of the next floor above it or,
if there is no floor above it, then the surface between the floor
and the ceiling next above it. For the purpose of this chapter:
The interior of a roof shall not be considered
a ceiling;
Cellars and basements ordinarily shall not be
considered stories when considering the height of a building except,
however, that a finished basement and/or cellar in nonresidential
buildings shall be considered a story for the purposes of the height,
floor area and parking requirements of this chapter unless used solely
for ancillary storage; and
A half-story is the area under a pitched roof
at the top of a building, the floor of which is at least four feet,
but no more than six feet, below the plate.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which:
Is an existing state, county or Blairstown Township
roadway; or
Is shown on a plat heretofore approved pursuant
to law; or
Is approved by Blairstown Township in accordance
with the provisions of this chapter; or
Is shown on a plat duly filed and recorded in
the office of the County Recording Officer prior to the appointment
of a Land Use Board and the grant to such Board of the power to review
plats; and
[Amended 4-11-2012 by Ord. No. 2012-02]
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
line. Moreover, for the purposes of the street design and paving requirements
of this chapter, all private roads shall be considered streets.
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way in accordance with the currently
adopted Traffic Circulation Plan Element portion of the Blairstown
Township Master Plan and the applicable design requirements of this
chapter. The street line is the dividing line between the street and
a lot.
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, including such things as buildings, fences, poles,
signs, towers, tanks, decks, paved or concrete driveways, parking
lots and patios, swimming pools and tennis courts, but specifically
excluding on-site wastewater treatment and disposal systems.
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 term "subdivision" also shall include the term "resubdivision."
However, 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 Land Use Board
to be for agricultural purposes when all resulting parcels are five
acres or larger in size;
[Amended 4-11-2012 by Ord. No. 2012-02]
Divisions of property by testamentary or intestate
provisions, provided the division is in conformity with the applicable
requirements of this chapter;
Divisions of property upon court order including,
but not limited to, judgments of foreclosure;
Consolidation of existing lots by deed or other
recorded instrument; and
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the Administrative Officer
to conform to all requirements of the Township of Blairstown land
development regulations and which are shown and designated as separate
lots, tracts or parcels on the Tax Maps of the Township of Blairstown.
MINOR SUBDIVISIONAny division of land for the creation of not more than three lots (two new lots and the remaining parcel), each fronting upon, and provided vehicular access to, an existing street either improved in accordance with N.J.S.A. 40:55D-35 or granted relief therefrom in accordance with N.J.S.A. 40:55D-36, and which:
Does not involve any new street or access easement
or the installation of any street improvements or the extension of
Township facilities, except as may be required along the street frontage
of the subject property;
Does not involve any streets requiring additional
right-of-way width as specified in the currently adopted Traffic Circulation
Plan Element portion of the Blairstown Township Master Plan and/or
the street requirements of this chapter, unless such additional right-of-way
width, either along one or both sides of said street(s), as applicable,
is deeded to the Township or to the appropriate governmental authority
prior to classification as a minor subdivision;
Does not involve any required off-tract improvements
(although off-site improvements may be required as determined during
the review of the submitted application);
Does not involve a planned development;
Is not in conflict within any provisions or
portions of the Township Master Plan;
Is not deficient in those details and specifications
required of minor subdivisions as specified in this chapter;
Is not a further division of a tract of land
for which previous minor subdivision approval has been granted by
the Township of Blairstown during the prior two-year period from the
date of the current application and where the combination of the proposed
and previously approved minor subdivision(s) constitute a major subdivision;
and
Does not adversely affect the future development
of the remainder of the parcel of land being subdivided or any adjoining
property in accordance with the following:
If the proposed subdivision is deemed by the
Land Use Board (or its Minor Subdivision Committee, when applicable)
to potentially adversely affect the future development of the remainder
of the parcel or any adjoining property, the reviewing authority may
require that the applicant submit a nonbinding conceptual subdivision
plat for the remainder of the parcel in accordance with sound planning
principals and the applicable zoning and design standards of this
chapter, and/or the reviewing authority may determine that the proposed
subdivision should more appropriately be classified as a major subdivision
because of the potential adverse affects; and
[Amended 4-11-2012 by Ord. No. 2012-02]
In its evaluation as to whether the granting
of the proposed subdivision may adversely affect the future development
of the remainder of the parcel or adjoining property, the reviewing
authority shall evaluate each subdivision on its individual merits
and shall consider the following:
The size of the remainder of the parcel;
The shape of the remainder of the parcel;
The orientation of the remainder of the parcel
to adjacent lands;
The amount of linear frontage of the remainder
of the parcel on existing streets;
The appropriate location(s) along the street
frontage of the remainder of the parcel for vehicular access; and
The amount and locations of environmentally
sensitive areas on the remainder of the parcel.
|
Any readjustment of lot lines resulting in no
new lots shall be classified as a minor subdivision for purposes of
the application and review requirements specified in this chapter,
but not for the purposes of counting the number of minor subdivisions
occurring on the subject property.
|
MAJOR SUBDIVISIONAny division of land not classified as a minor subdivision.
A water-filled enclosure, above and/or below the ground,
having a depth of more than 24 inches and designed, used and maintained
for swimming and bathing.
The term "swimming pool" includes hot tubs and
whirlpools and other similar water-filled enclosures;
The term "swimming pool" includes all ordinary
appurtenances such as buildings, structures and equipment; and
Any portable pool that is not permanently installed
and meets all of the following criteria is not considered a swimming
pool and is not subject to the provisions of this chapter:
The Township of Blairstown, Warren 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.
Recreational equipment and vehicles in the following categories,
limited in each case to not more than 30 feet in length and eight
feet in width:
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses;
PICKUP CAMPERA structure designed primarily to be mounted on a truck chassis and with sufficient equipment to render it suitable for use a temporary dwelling for travel, recreational and vacation uses;
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle; and
FOLDING TENT TRAILERA folding structure, mounted on wheels and designed for travel, recreational and vacation uses.
The purpose or activity for which land or buildings are designed,
arranged, intended or for which land or buildings are occupied or
maintained.
[Amended 6-28-2023 by Ord. No. 2023-10]
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use.
[Added 6-28-2023 by Ord.
No. 2023-10]
A use permitted in a particular zoning district when it is
shown that such use in a specified location will comply with all the
conditions and standards for the location or operation of the use
as specified in the Zoning Ordinance and authorized by the approving
authority.
[Added 6-28-2023 by Ord.
No. 2023-10]
The use of a property at the time that an application for
development or redevelopment is made.
[Added 6-28-2023 by Ord.
No. 2023-10]
A use which is universally considered of value to the community
because it fundamentally serves the public good and promotes the general
welfare. Such a use includes but is not limited to a hospital, school,
child-care center, group home or a wind, solar or photovoltaic energy
facility or structure.
[Added 6-28-2023 by Ord.
No. 2023-10]
A nonprofit, religious, or public use, such as a religious
building, library, public or private school, hospital, or government-owned
or -operated building, structure, or land used for public purpose.
[Added 6-28-2023 by Ord.
No. 2023-10]
Any use allowed in a zoning district as a matter of right.
(See "conditional use.")
[Added 6-28-2023 by Ord.
No. 2023-10]
The primary or predominant use of any lot or parcel. (See
"accessory use.")
[Added 6-28-2023 by Ord.
No. 2023-10]
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
[Added 6-28-2023 by Ord.
No. 2023-10]
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Sections 47 (N.J.S.A. 40:55D-60) and Subsections
29.2b., 57c. and 57d. of this act (N.J.S.A. 40:55D-40; 40:55D-70)
of the Municipal Land Use Law.
[Amended 4-11-2012 by Ord. No. 2012-02; 6-28-2023 by Ord. No. 2023-10]
Permission to depart from the dimensional requirements of
a zoning ordinance.
[Added 6-28-2023 by Ord.
No. 2023-10]
Permission to depart from the requirements of a zoning ordinance
by reason of an extraordinary and exceptional situation uniquely affecting
a specific piece of property or the structures lawfully existing thereon,
the strict application of which would result in peculiar and exceptional
difficulty to or exceptional and undue hardship on the owner of such
property.
[Added 6-28-2023 by Ord.
No. 2023-10]
A deviation from the standards of N.J.S.A. 40:55D-35.
[Added 6-28-2023 by Ord.
No. 2023-10]
A variance granted by the Land Use Board for a principal
use or structure that is not permitted in the zone.
[Added 6-28-2023 by Ord.
No. 2023-10]
An open space that lies between the principal or accessory
building or buildings and the nearest lot line.
FRONT YARDThe 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 of curved street lines.
REAR YARDThe 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.
SIDE YARDThe 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 side yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved lot lines.
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The map referred to in § 19-303 of this chapter which shows the boundaries of the zoning districts and the areas designated for the optional development alternatives.
The person or persons designated by the Blairstown Township
Committee to administer and enforce the zoning provisions of this
chapter and issue zoning permits.
A document signed by the Zoning Officer which:
May be required by this chapter as a condition
precedent to the commencement of a use or the erection, construction,
reconstruction, alteration, conversion or installation of a structure
or building; and
Acknowledges that the use, structure or building
complies with the provisions of this chapter or with the provisions
of a variance as may have been granted by the Land Use Board.
[Amended 4-11-2012 by Ord. No. 2012-02]
[1]
Editor's Note: Repealed by L. 1987, c. 116.
See now N.J.S.A. 30:4-27.2.
