For the purpose of this chapter, certain terms and words are
herewith defined as follows:
A subordinate building or structure on the same lot with
a main building, the use of which is incidental to that of the main
building. Where an accessory building is attached to the main building
in a substantial manner by a wall or roof, such accessory building
shall be considered part of the main building. In no instance shall
any accessory building occupy more than 25% of any rear yard in any
residential zone, nor be used for living purposes.
A use of a nature customarily incidental to the main use
of the premises.
The Township Clerk of the Township of Eagleswood; provided,
however, that for the purpose of issuing certificates of completeness,
the "Administrative Officer" shall be the Land Use Board Engineer.
[Added 5-8-1990 by Ord. No. 7-90]
An area surrounding an airport which meets or exceeds the
minimum dimensions required by the regulations of the Air Safety and
Zoning Act of 1983, and consisting of a runway subzone, two runway
end subzones and two clear zones, in accordance with the provisions
of N.J.A.C. 16:62-1 et seq.
[Added 12-16-2002 by Ord. No. 2002-14[1]]
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
[Added 5-8-1990 by Ord. No. 7-90]
Any premises used for the sale of gasoline and lubricants;
the sale, fixing or fitting of tires, batteries and automobile supplies;
the washing of automobiles, but not including automobile repairs requiring
a machine shop and not including automobile body repairs.
A story partly underground and having at least 1/2 of its
height above the average level of the ground. A basement shall be
counted as a story for height measurement if subdivided and used for
dwelling or business purposes.
An owner-occupied structure renting individual rooms, two
weeks' maximum, to guests, and having no cooking facilities directly
available for use by the guests, shall constitute a bed-and-breakfast
facility. Such structure located in the R-3, C-1, C-2, C-2/V or C-3
Zone would be permitted as a bed-and-breakfast. The availability of
food service in the facility shall not disqualify the facility from
this category so long as guests are not provided access to the cooking
or food preparation facilities and food is prepared and served by
the owner or an employee of the owner.
[Added 12-16-2002 by Ord. No. 2002-14]
Any structure having a roof supported by columns or by walls
and intended for shelter, housing or enclosure of any person, animal
or chattel.
The vertical distance measured from the mean elevation of
the finished grade along the front of the building to the highest
point of the roof for flat roof, to the mean height level (between
the eaves and ridge) for gable and hipped roofs, and to the deckline
for mansard roofs.
A story having more than 1/2 of its height below ground.
A cellar shall not be counted as a story for the purposes of height
measurement.
A component of an airport safety hazard zone, located within
the runway subzone, which is trapezoid in shape, extends 1,000 feet
from the end of the runway subzone, as measured along the extended
center line of the runway, has a base width of 250 feet at the end
of the runway subzone, increasing to a final width of 450 feet, in
accordance with N.J.A.C. 16:62 et seq.
[Added 12-16-2002 by Ord. No. 2002-14]
A residential development where a means of providing common
open space, which may serve both as recreation or conservation or
open space lands, is created by reduced lot sizes and by grouping
buildings in such a manner that said open spaces are evenly distributed,
functional and of sufficient size and width so as to enhance the spacious
and natural characteristics of the development. The reduction of lot
size in a conventional-type development with no attempt to integrate
and balance the open space areas shall not be considered a cluster
development. There are two design criteria which distinguish cluster
development from other forms of conventional development or modifications
of conventional development. First, cluster development site planning
involves the grouping of buildings or lots and buildings into modules.
Each module, which will contain a predetermined number of buildings,
is set off from similar modules by intervening open space. This open
space serves to give distinction and visual definition to each individual
group or cluster of buildings. The second design criterion for cluster
development is that the open space which results from a module layout
is of sufficient size, shape and width so as to afford multiple use
in the form of recreational activities and for conservation and open
space purposes.
Any man-made material or natural material which, due to its
placement, prevents the natural absorption and percolation of precipitation
into the soil.
[Added 12-16-2002 by Ord. No. 2002-14]
The area of a lot which is covered by buildings and other
impervious coverage, excluding decks.
[Added 12-16-2002 by Ord. No. 2002-14]
A subdivision of land which permits a reduction in the size
of individual lots which might otherwise be required in the zone where
such subdivision shall take place, provided that general open spaces
shall be provided in compliance with the minimum requirements set
forth herein as compensation for such lot size reductions with no
increase in the zone density.
MULTIPLE DWELLINGA residence designed for and/or occupied by three or more families, each living independently of each other in separate dwelling units. Townhouses or rowhouses defined herein shall, for the purpose of this chapter, be considered multiple dwellings.
ONE-FAMILY DWELLINGA detached residence designed for and/or occupied by only one family.
TWO-FAMILY DWELLINGA residence designed for and/or occupied by not more than two families, each living independently of each other in separate dwelling units.
TOWNHOUSESingle-family dwelling units attached by a common party wall to similar units built in a series of three or more such units, with each unit being self-contained and independent of any other unit.
One or more rooms, including a kitchen or kitchenette, located
within a residence, providing complete living facilities for one family
or containing facilities and equipment for living, sleeping, cooking
and eating.
The underground gas, electrical, telephone (not including
wireless telecommunications facilities), telegraph, steam or water
transmission or distribution systems, including mains, drains, sewers,
pipes, conduits and cables, including the equipment and appurtenances
necessary for these systems, such as fire alarm boxes, police call
boxes, light standards, poles, traffic signals, hydrants and other
related equipment and accessories in connection therewith reasonably
necessary for the furnishing of an adequate level of service by public
utilities or municipal or governmental agencies or for the public
health or safety or welfare.
[Added 12-16-2002 by Ord. No. 2002-14]
One or more persons, all related to each other by birth,
adoption or marriage, occupying a single dwelling unit or doing their
own cooking and living together as a single housekeeping unit, or
an unrelated group of not more than four persons, all of whom are
adults occupying a single dwelling unit, living together as a single
housekeeping unit.
An artificially constructed barrier of wood, masonry, stone,
wire, metal, aluminum or any other manufactured material or combination
of materials.
[Added 5-8-1990 by Ord. No. 9-90]
A fence in which 1/2 of the area between grade level and
the top cross level (wire, wood or other material) is open.
[Added 5-8-1990 by Ord. No. 9-90]
See "automobile service station."
That part of a structure which serves exclusively to transmit
the weight of the structure onto the natural ground.
[Added 2-15-1996 by Ord. No. 6-96]
All property on one side of a street between two intersecting
streets, crossing or terminating, measured along the line of the street;
or if the street is dead-ended, then all of the property abutting
on one side between an intersection street and the dead-end of the
street.
A detached accessory building or portion of a main building
used only for the storage of motor-driven vehicles which are the property
of and for the private use of the occupants of the lot on which the
private garage is located.
Any premises, except those described as a private garage,
used for the storage of vehicles or where any such vehicles are required
or kept for remuneration, hire, sale or other business purposes.
A residence designed for and/or occupied by three or more
families, each living independently of each other in separate dwelling
units, sharing common utilities.
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance and/or the treatment
of mental or physical conditions affecting human beings.
[Added 5-15-1997 by Ord. No. 8-97]
A dense permanent row or line of living plants, frequently
trimmed into more or less a formal shape, serving the purpose of a
fence, screen or windbreak.[2]
[Added 5-8-1990 by Ord. No. 9-90]
An accessory use that:
[Added 3-26-2007 by Ord. No. 2007-03[3]]
Is clearly accessory and incidental to the detached single-family
principal use of the structure and property.
Is conducted entirely within the dwelling or accessory building.
Is conducted by and limited to a member or members of the immediate
family residing in the single-family dwelling and not more than one
employee or family member not residing in the principal dwelling utilizing
the premises.
Occupies not more than 10% of the total floor area of the residential
structure; further provided that the returning floor area of the structure
shall meet or exceed the minimum habitable floor area requirement
of the zone.
Does not alter the residential appearance of a principal residential
structure or the residential appearance of the property upon which
it is conducted.
Does not involve outdoor storage of equipment or materials,
trailers.
No signs are permitted.
Does not involve the retail sale of goods and/or services offered
or produced by the home occupation from the property other than by
appointment.
Does not involve truck deliveries (except parcel delivery services,
e.g., UPS) and no more than an average of 10 vehicle visits per week,
including parcel delivery service (residential family or permitted
employees shall not be included in this calculation).
Does not constitute a nuisance to adjacent residential properties
for reasons of noise, odor, congestion, traffic, vibration, electrical
interference and other causes.
The total floor area utilized for a home occupation within an
accessory building does not exceed more than 300 square feet.
Only two commercial light-duty (F350, C35, Dodge 3500, or equivalent)
vehicles are permitted.
Hours of operation shall be, at a maximum, 8:00 a.m. to 6:00
p.m.
No more than allotted trash containers for residential use,
with no construction debris and no business-related bulk pickup.
A single unified tract of land located within a single block
which, at the time of filing for a building permit, is designated
by its owner or developer as a tract to be used, developed or built
upon as a unit under single or unified ownership or control. Such
lot shall have frontage on a street, shall be of at least sufficient
size to meet minimum zoning requirements for use and area, and shall
provide such yards and other open spaces as are herein required.
The total horizontal area included within lot lines. Where
the front lot line is the center line of a street, or lies in part
or in whole in the street area, the lot area shall not include that
part of the lot in use or to be used as the street.
The shortest perpendicular distance between the front lot
line and a line drawn parallel to the front lot line through the midpoint
of the rear lot line, provided that, in triangular lots having no
rear lot line, the distance shall be measured to the midpoint of a
line parallel to the front lot line which shall not be less than 10
feet in length measured between its intersections with the side lot
lines.
That portion of a lot extending along a street line.
The lines bounding a lot as defined herein.
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder of Deeds of
Ocean County.
The terminology used in this chapter with reference to lot
types is as follows:
CORNER LOTA lot located at the intersection of two or more streets.
INTERIOR LOTA lot other than a corner lot with only one frontage on a street.
THROUGH LOTA lot other than a corner lot with frontage on two streets; requires that front yards shall be provided on both streets.
The horizontal distance measured at right angles to the lot
depth 60 feet from the street line.
Route No. 9, Railroad Avenue and Forge Road.
A development for which site plan approval is required and
for which the following conditions have been met:
[Added 6-11-1991 by Ord. No. 6-91]
The construction of drainage facilities is not required, as
determined by the Municipal Engineer. The proposed building additions,
conversions or new construction do not exceed, in the aggregate, a
total of 750 square feet of gross floor area.
The proposed development does not increase the parking area
by more than five spaces, nor does the proposed development require
an increase in the required parking area by more than five spaces.
A building or group of buildings, whether detached or attached
units, used as individual sleeping or dwelling units designed primarily
for transient automobile travelers and providing accessory off-street
parking facilities. The term "motel" includes buildings designated
as auto courts, tourist courts, motor hotels, motor lodges and similar
terms.
The Land Use Board or Township Committee of the Township
of Eagleswood when acting pursuant to N.J.S.A. 40:55D et seq., and
this chapter.
[Added 5-8-1990 by Ord. Nos. 7-90 and 9-90]
An open hard-surfaced area of land other than a street or
public way, the principal use of which is for standing, loading and
unloading of motor trucks, tractors and trailers to avoid undue interference
with the public use of streets. Such space shall not be less than
12 feet in width, 45 feet in length and 14 feet in height, exclusive
of access aisles and maneuvering space.
Any area other than a required yard, screening strip or recreation
area which may hereafter remain private or as property dedicated to
the Township of Eagleswood and which shall have been designated as
such on any plan requiring approval by the Township of Eagleswood.
An open hard-surfaced area of land, other than a street,
driveway or public way, the principal use of which is for the storage
(parking) of passenger automobiles or commercial vehicles under two
tons' capacity by the public or as an accommodation to clients or
customers.
Space within a parking area of a building of not less than
200 square feet (10 feet by 20 feet), exclusive of access drives,
aisles and ramps, used for the storage of one passenger automobile
or commercial vehicle under two tons' capacity.
The definition of "planned development" as permitted herein
shall be the same as defined in N.J.S.A. 40:55D-6.[4]
A component of an airport safety hazard zone, which is trapezoid
in shape, extends 3,000 feet from the runway end along the runway
center line, is 2,350 feet wide at the runway end, 850 feet wide at
3,000 feet from the runway end and has a longitudinal center line
common with the extended runway center line, in accordance with the
provisions of N.J.A.C. 16:62-1 et seq.
[Added 12-16-2002 by Ord. No. 2002-14]
A component of an airport safety hazard zone, which is rectangular
in shape and 2,350 feet in width, and has the same length and center
line as the runway, which it circumscribes, in accordance with the
provisions of N.J.A.C. 16:62-1 et seq.
[Added 12-16-2002 by Ord. No. 2002-14]
A commercial building complex under one ownership, having
a variety of retail establishments serving the needs of the neighborhood
or region and having a minimum of 20,000 square feet of total floor
area.
Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located; provided,
however, that the following shall not be considered signs:
Signs not exceeding one square foot in area and bearing only
property numbers, post box numbers or names of occupants of premises.
Integral decorative or architectural features of buildings,
except letters, trademarks, moving parts or moving lights.
Signs directing and guiding traffic and parking on private property,
but bearing no advertising matter.
A sign which directs attention to a business, commodity,
service, activity or entertainment not necessarily conducted, sold
or offered upon the premises where such sign is located.
A sign which draws attention to a business or profession
or to a commodity, service or entertainment sold, offered or conducted
upon the premises where such sign is located.
Any illuminated sign on which such illumination is not kept
stationary or constant in intensity or in color at all times when
such sign is in use.
For the purpose of determining the number of signs, a sign
shall be considered to be a single display surface or display device
containing elements organized, related and composed to form a unit.
Where matter is displayed in a random manner without organized relationship
of elements, or where there is reasonable doubt about the relationship
of elements, such element shall be considered to be a single sign.
The entire area within a single continuous perimeter enclosing
the extreme limit of the actual sign surface. It does not include
any structural elements outside the limits of such sign and not forming
an integral part of the display. Only one side of a double-face or
V-type structure shall be used in computing total surface area.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between such floor and the ceiling
next above it.
A public or private thoroughfare which affords the principal
means of access to abutting property.
The dividing line between the lot and the street right-of-way
contiguous thereto.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, structures include buildings, walls, fences
and billboards.
An artificially constructed visually solid barrier of wood,
masonry, stone or other maintenance-free material, as permitted herein.
For purposes of this chapter, a bulkhead and an earth-retaining wall
shall not be considered a "wall."
[Added 5-8-1990 by Ord. No. 9-90]
An existing or required open space on the same lot with a
principal building and which shall be unoccupied and unobstructed
by any portion of a structure from the ground upward. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of the front yard or the depth of the rear yard, the mean horizontal
distance between the lot line and the main building shall be used.
The minimum horizontal distance between the street line and
the main buildings, or any projection thereof other than the projection
of the usual steps or entranceway, and extending for the full width
of the lot.
A space, unoccupied, extending for the full width of the
lot between the rear lot line and the extreme rear line of the principal
building. On a corner lot, the rear yard shall be considered as parallel
to the street upon which the lot has its least dimension. On an interior
lot, the rear yard shall, in all cases, be at the opposite end of
the lot from the front yard.
A yard between the main building and the side line of the
lot and extending from the front lot line to the rear yard line.
An area or section of the Township in which the regulations
regarding use of buildings and premises, height of buildings and the
yard space about structures are uniform and set apart and distinct
from other areas or sections having different regulations, and all
of which areas or sections are designated by different delineations
upon the Zoning Map, which is made a part of this chapter and is on
file in the office of the Township Clerk.
A delineation of the boundaries of areas or divisions of
the Township for the purpose of regulating, limiting and determining
the height and bulk of buildings, the intensity of the use of lot
areas and the areas of open spaces about the surrounding buildings,
for the purpose of classifying, regulating and restricting the location
of trades and industries, and buildings designed for specified industrial,
business and residential uses, and which map is on file in the office
of the Township Clerk.
That person designated by the Township Committee to administer
and enforce the provisions of this chapter.
A document signed by the Zoning Officer which is required
by ordinance 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
such use, structure or building complies with the provisions of this
chapter or variance therefrom duly authorized by a municipal agency,
pursuant to N.J.S.A. 40:55D-70.
[Added 5-8-1990 by Ord. No. 7-90]
[2]
Editor's Note: The former definition of "hotel," which previously
followed this definition, was repealed 5-20-2002 by Ord. No. 2002-2.
[3]
Editor's Note: This ordinance also repealed the definitions
of "home occupation, level 1," amended 9-8-1987 by Ord. No. 12-87,
7-10-1990 by Ord. No. 14-90 and 5-15-1997 by Ord. No. 8-97; "home
occupation, level 2," amended 5-15-1997 by Ord. No. 8-97; and "home
professional office," added 9-8-1987 by Ord. No. 12-87.
Words used in the present tense include the future; words in
the singular number include the plural; and words in the plural number
include the singular. The word "building" includes the word "structure"
and the word "shall" is mandatory.
