For the purpose of this chapter, certain terms or words used herein
shall be interpreted or defined in the meanings herein indicated:
ACCESSORY USE OR BUILDING
A subordinate use or building, the purpose of which is incidental
to that of the main use or building, and which is located on the same
lot.
ALTERATION
As applied to a structure, a change or rearrangement in the
structural parts or in the existing facilities, or an enlargement,
whether by extension of a side or by increasing in height, or by moving
from one location or position to another.
AREA, BUILDING
The total of the areas within the outside dimensions of the
principal building and all accessory buildings when viewed in plan,
exclusive, however, of residential unroofed porches and paved terraces
which do not exceed three feet in height above the average adjacent
finished grade.
AREA, MINIMUM HABITABLE FLOOR
The sum of the gross horizontal areas of a floor or several
floors of a building measured between the inside face of exterior
walls or from the center line of walls separating two units. In the
case of the upper stories of a residential structure, the floor area
of such stories shall not be included in satisfaction of the minimum
habitable floor area requirements of this chapter unless the story
is accessible through the use of a fixed and permanent stairway. In
addition, only that portion of the floor area shall be included in
the satisfaction of minimum habitable floor area requirements of this
chapter which has a clear headroom of six feet six inches. Any cellar,
garage space or accessory buildings shall not be included in computing
habitable floor area except in the case of commercial and industrial
buildings.
AUCTION or AUCTION MARKET
Any premises on which are held, either regularly or periodically,
auction sales of merchandise and/or personal property.
BASEMENT
A story partly underground but having at least 50% of its
cubic volume above the adjacent finished grade.
BOARDINGHOUSE
Any dwelling in which people, either individuals or as families,
are housed or lodged for hire, with or without meals, and which contains
five or fewer such rooms for hire. A rooming house or a furnished
rooms house shall be deemed a boardinghouse. A nursing home or a home
for the sheltered care of adult persons shall not be considered a
boardinghouse.
BUILDING
Any structure having a roof supported by columns, piers or
walls, and any unroofed platform, terrace or porch having a vertical
face higher than three feet above the level of the ground from which
the height of the building is measured, and intended for the shelter,
housing or enclosure of persons, animals or chattel.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the building, exclusive of chimneys and similar structures.
BUILDING LINE
A line formed by the vertical projection to the ground of
the exterior surface of the building on any side. In case of a cantilevered
section of a building, the vertical projection will coincide with
the surface nearest the property line. All yards are measured between
the property line and the building line nearest that property line.
BUILDING, PRINCIPAL
A building within which is conducted the main or principal
use of the lot on which the building is situated.
CELLAR
A story partly or completely underground and having more
than 50% of its cubic volume below the average level of the finished
grade at the perimeter of the building.
CLINIC or DIAGNOSTIC CENTER
Facilities operated by practitioners of the medical arts,
either singly or in groups, which are supplemental or incidental to
such medical practice. Such facilities may include but are not limited
to laboratories, diagnostic equipment and medical accommodations for
patients.
DWELLING, MULTIFAMILY
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, apartment hotels, flats and group
houses.
DWELLING, ONE-BEDROOM APARTMENT
A one-bedroom apartment shall contain one enclosed bedroom,
toilet and bath facilities, a kitchen, a living area and a dining
area, in combination with and completely open on at least one side
to either the kitchen or living area. No additional room shall be
permitted except hallways, an outdoor patio and suitable closet and
storage space.
DWELLING, THREE-BEDROOM APARTMENT
A three-bedroom apartment shall contain three enclosed bedrooms,
toilet and bath facilities, a kitchen, a living area and a dining
area. The dining area may be in combination with either the kitchen
or living room or may be a separate room. No additional room shall
be permitted except hallways, an outdoor patio and suitable closet
and storage space.
DWELLING, TWO-BEDROOM APARTMENT
A two-bedroom apartment shall contain two enclosed bedrooms,
toilet and bath facilities, a kitchen, a living area and a dining
area, in combination with and completely open on at least one side
to either the kitchen or living area. No additional room shall be
permitted except hallways, an outdoor patio and suitable closet and
storage space.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two families
living independently of each other.
DWELLING UNIT
One or more rooms providing living facilities for one family,
including equipment for cooking or provisions for the same.
ECHO HOUSING UNIT
An elder cottage housing opportunity unit which is a small,
removable modular cottage in the rear or side yard of a dwelling.
The ECHO unit shall be a separate living quarters, accessory to a
primary residence on the premises, not exceeding 750 square feet of
gross floor area, for the use of and occupancy by not more than two
persons who are related by blood, marriage or adoption to the owner,
who must occupy that primary residence on the premises. One of the
ECHO unit occupants shall be 60 years of age or older.
[Added 8-17-2009 by Ord. No. 755-2009]
ELIGIBLE FACILITIES REQUEST
An eligible facilities request as set forth in 47 C.F.R.
1.6100, as that section may be amended from time to time.
[Added 11-20-2023 by Ord. No. 973-2023]
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
a public utility or municipal agency of underground or overhead transmission,
distribution or collection systems necessary for the furnishing of
adequate service by such utility or agency to the use on the same
lot and/or surrounding neighborhood, or for the public health, safety
or general welfare.
FAMILY
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, who are living together as a bona fide,
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
FARM
Any parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
poultry or dairy products. It includes necessary farm structures within
the prescribed limits and the storage of equipment used. It excludes
the raising of fur-bearing animals, riding academies, livery or boarding
stables and dog kennels.
GARAGE, PRIVATE
A garage used for storage and/or parking purposes only and
having a capacity of not more than four automobiles or not more than
two automobiles per family housed in the building to which such a
garage is accessory, whichever is greater. Space therein may be used
for not more than one commercial vehicle.
GARAGE, PUBLIC
Any garage other than a private garage, available to the
public, operated for gain, and which is used for the storage, repair,
rental, servicing, adjusting or equipping of automobiles or other
motor vehicles.
GARDEN-TYPE MULTIFAMILY APARTMENTS
An integrated development of individual dwelling units which
utilize such common facilities as parking and garage areas, pedestrian
walks and utility and sanitary systems, consisting of a group of separate
buildings.
GASOLINE SERVICE STATION
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning or otherwise cleaning or servicing such motor vehicles.
GRADE, ESTABLISHED
The elevation of the center line of the streets as officially
established by Borough authorities.
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
HOME OFFICE
A room or area within a residence used as an office, studio
or study by an occupant of the residence.
HOTEL
A building containing more than five rooms used or intended
to be used, rented or hired out to be occupied for sleeping purposes
by guests and which may also contain only a general kitchen and dining
room and/or drinking facilities and conference and meeting rooms.
JUNK OR SALVAGE YARD
Any area or structure used or intended to be used for the
conducting and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, cordage or any used
or disabled fixtures, vehicles or equipment of any kind.
LOT
A plot, parcel or tract of land, the extent of which is described
by the Official Map or deed description filed with the County Recording
Officer.
LOT AREA
An area of land which is determined by the limits of the
lot lines bounding that area. Any portion of a lot included in a street
right-of-way shall not be included in calculating lot area.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT COVERAGE
That percentage of the lot area covered by building area.
LOT, DEPTH OF
The mean distance from the street line to the rear lot line
measured perpendicular to the street line or a chord of the street
line.
LOT WIDTH
The distance between the side lot lines measured perpendicular
to its depth at the front setback line.
MAINTENANCE
When applied to landscaping, trees, shrubs, screening and
other plant life within this chapter, the term "maintenance," the
phrase "to be maintained" or similar wording shall mean the regular
and periodic policing, trimming, cutting, watering and replacement
of dead matters as appropriate to the circumstance.
MOBILE HOME
Any unit used for living or sleeping purposes which is equipped
with wheels or some device for the purpose of transporting such unit
from a place, whether by motive power or other means, or any unit
being used for temporary living or sleeping purposes, temporarily
located in the locality, whether the same is on blocks, posts or any
other type of foundation.
MOBILE HOME PARK
Any plot of ground upon which two or more mobile homes occupied
for dwelling or sleeping purposes are located, regardless of whether
or not a charge is made for such accommodations.
MOTEL
A building containing more than five rooms with individual
entrances, used or intended to be used, rented or hired out to be
occupied for sleeping purposes by guests, and which may also contain
only a general kitchen and dining room or drinking facilities and
conference or meeting rooms.
NONCONFORMING BUILDING
A building which, in its design or location upon a lot, does
not conform to the regulations of this chapter for the zone in which
it is located.
NONCONFORMING LOT
A lot of record which does not have the minimum width or
depth or contain TLD for the zone in which it is located.
NONCONFORMING USE
Use of a building or of land that does not conform to the
regulations of the zone in which it is located.
NURSERY
An agricultural establishment of at least five acres in area
where trees and plants are raised and offered for sale at retail and/or
wholesale.
OCCUPANCY
A condition of an activity or use being upon a lot and/or
within a building.
PARKING SPACE
An off-street space available for the parking of a motor
vehicle and which in this chapter is held to be an area at least nine
feet wide and 19 feet long, exclusive of passageways and driveways
appurtenant thereto and giving access thereto.
PERMIT, BUILDING
A certificate issued by the Construction Code Official authorizing
the construction, reconstruction, remodeling, alteration or repair
of a building or other structure upon approval of the submitted application
and plans.
PERMIT, CERTIFICATE OF USE AND OCCUPANCY
A certificate issued upon completion of the construction
of a new building or upon a change in the occupancy or use of a building
and certifying that all requirements of the Building Code, this chapter or such adjustment therefrom which has been
granted by the Joint Land Use Board and that the purpose for which
such building is to be used are in conformance with the uses permitted
in the zone in which it is located.
PERMIT, TEMPORARY ZONING
A certificate issued by the Zoning Officer in connection
with pop-up uses only, stating that a proposed building or use will
meet all of the requirements of this chapter. All temporary zoning
permits shall only be valid for a period not to exceed the time limits
imposed upon pop-up uses.
[Added 5-1-2023 by Ord. No. 959-2023]
PERMIT, ZONING
A certificate issued by the Zoning Officer stating that a
proposed building or use will meet all of the requirements of this
chapter.
POP-UP USES
Temporary uses that are not an extension of the same uses
contained and functioning within an adjacent structure. They may include:
farmers markets; street festivals/fairs and stands; interim structures
to support programmed events; or retail uses that operate in a temporary
location for a period of time not to exceed six weeks. Operation of
a pop-up use shall require a temporary zoning permit, but not site
plan approval. No pop-up use shall operate within a public right-of-way
without approval. Other uses that are both temporary and permitted
within the subject zoning district may be permitted as pop-up uses
at the discretion of the Zoning Officer.
[Added 5-1-2023 by Ord. No. 959-2023]
PUBLIC UTILITIES
Equipment, mechanisms and other nonoffice installations of
public utility companies, agencies or authorities, to include pumping
stations, high-voltage transmission lines and towers, storage tanks
and towers and similar items.
PUBLIC VIEW
Visible from a public thoroughfare, public lands or buildings
or navigable waterways.
[Added 6-7-1999 by Ord. No. 639-99]
RESTAURANT, DRIVE-IN
An establishment where patrons will be served food, soft
drinks, ice cream or similar confections and where such service is
not within a building which contains tables and chairs at which patrons
may consume purchases. Any such establishment which encourages the
consumption of purchased items at outdoor tables or in automobiles
parked upon the premises by reason of the physical arrangement of
facilities or method of operation shall be deemed to be a drive-in
restaurant, regardless of other types of restaurant operation as defined
by this chapter which may be conducted on the premises.
RESTAURANT, SIT-DOWN
Any establishment, however designated, at which food is sold
for consumption by patrons seated at tables on the premises within
an enclosed building and served on china or comparable reusable tableware
and reusable implements.
RESTAURANT, TAKE-HOME
An establishment which sells, within an enclosing building,
ready-to-eat, prepared and packaged foods intended to be consumed
by the patron at a location other than on the premises and which is
within a building containing no counter, tables or other facility
for on-premises consumption, whether indoor or outdoor.
SEARCH AREA
That geographic area (which may or may not extend beyond
municipal boundary lines) within which additional wireless telecommunications
facilities are required to provide reliable and adequate coverage
consistent with the licensing requirements of the Federal Communications
Commission (FCC).
[Added 6-7-1999 by Ord. No. 639-99]
SETBACK
The term used to refer to the shortest horizontal dimension
between a building and the lot line on that side of a building.
SIDEWALK
An improved surface constructed in accordance with the regulations of Chapter
170, Subdivision of Land, for pedestrian traffic.
SIGN
The outdoor and/or indoor display of any writing, printing,
picture, painting, emblem, drawing or similar device intended to invite
or draw the attention of the public to any goods, merchandise, property,
business, services, entertainment, amusement or industrial activity
or establishment.
SIGN, AREA OF
The maximum projected area of the shape which encloses the
sign, device or representation.
STREET, APPROVED PUBLIC
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action, or a street or way
on a plat duly filed and recorded in the office of the County Recording
Officer prior to the appointment of a Joint Land Use Board and the
grant to such Board of the power to review plats, and includes the
land between the street lines, whether improved or unimproved, and
may comprise pavement shoulders, gutters, sidewalks, parking areas
and other areas within the street lines.
STREET LINE
That line determining the limit of the highway rights of
the public, either existing or contemplated. Where a definite right-of-way
has not been established, the street line shall be assumed to be a
locus of points not less than 25 feet from the center line of the
roadway.
STRUCTURE
A combination of materials to form a construction that is
safe and stable, and includes, among other things, stadiums, platforms,
radio towers, sheds, storage bins, fences, display signs and swimming
pools.
SUBSTANTIAL CHANGE
A modification that substantially changes the physical dimensions
of an eligible support structure, as defined by 47 C.F.R. Section
1.6100, as may be amended, but which currently provides the following
criteria:
[Added 11-20-2023 by Ord. No. 973-2023]
(1)
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater;
(a)
Changes in height should be measured from the original support
structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes
in height should be measured from the dimensions of the tower or base
station, inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Spectrum Act.
(2)
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
(3)
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
(4)
It entails any excavation or deployment outside of the current
site, except that, for towers other than towers in the public rights-of-way,
it entails any excavation or deployment of transmission equipment
outside of the current site by more than 30 feet in any direction.
The site boundary from which the 30 feet is measured excludes any
access or utility easements currently related to the site;
(5)
It would defeat the concealment elements of the eligible support
structure; or
(6)
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in Subsections
(1) through
(6) of this definition.
SWIMMING POOL, PRIVATE
A body of water, artificially constructed in whole or part,
maintained by an individual for bathing for the private use of his
household and guests, located on a lot as an accessory use to a residence.
A wading pool with a depth of less than 18 inches shall not be deemed
a swimming pool.
TOTAL LAND AVAILABLE FOR DEVELOPMENT (TLD)
The adjusted lot area of any tract of land which has been computed based upon the existing topography within the tract boundaries and the appropriate slope/area adjustment factor(s) as contained in §
190-30.
USE
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
VACANT
A structure shall be deemed to be vacant at any time that
the corporation, firm or individual occupying such unit, whether as
owner or tenant, shall terminate its, their or his occupancy with
the intention to leave such unit permanently with no intention of
returning to it.
VEHICLE, RECREATION
A trailer, a compartment for mounting on the bed of a truck
or a vehicle designed and intended to be used for shelter on a temporary
basis away from the dwelling unit of the owner or user.
WAREHOUSE
A building, other than the building in which goods or products
are manufactured, assembled or processed, in which goods or products
are stored awaiting shipment to a purchaser or retail sales establishment.
WIRELESS TELECOMMUNICATIONS ANTENNA
A system of electrical conductors that transmit or receive
radio frequency signals, digital signals, analog signals or electromagnetic
waves for wireless communications.
[Added 6-7-1999 by Ord. No. 639-99]
WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT
AND/OR TOWERS
Buildings and/or structures and equipment for the delivery
of wireless telecommunications, except for satellite dish antennas,
which shall be regulated under other provisions of the Code of the
Borough of Milford. For purposes of this definition, wireless telecommunications
structures, antennas, equipment and/or towers may be collectively
referred to herein as "wireless telecommunications facilities." This
definition shall not include any tower, or the installation of any
antenna, that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
[Added 6-7-1999 by Ord. No. 639-99]
YARD, FRONT
An open, unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front building line projected to the side
lines of that lot. The setback line shall be synonymous with the rear
line of the front yard. The depth of a front yard shall be the shortest
distance between the street line and the front building line.
YARD, REAR
A space extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the principal
building. The depth of a rear yard shall be measured at right angles
to the rear line of the lot or, if the lot is not rectangular, then
in the general direction of its side building lines.
YARD, SIDE
An open, unoccupied space between the side line of the lot
and the nearest line to the principal building and extending from
the front yard to the rear yard or, in the absence of either such
yards, to the street or rear lot line, as the case may be. The width
of a side yard shall be measured at right angles to the side line
of the lot.
ZONING OFFICER
The duly appointed Zoning Officer of the Borough of Milford.