Word Usage: Words and phrases shall be presumed to have their
ordinary meaning, unless specifically defined or interpreted differently
in the section following. Disputes concerning definition or interpretation
of a word shall be resolved by the Board of Adjustment or the Planning
Board.
Interpretation: For the purpose of this ordinance, certain words
and terms are defined as follows:
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Words used in the present include the future; words used in
the singular include the plural; numbers and words used in the plural
include the singular; the word "person" includes an individual, corporation,
partnership; the word "building" shall include the word "structure";
the term "used" shall include words "arranged, designed, or intended
to be used"; the term "occupied" shall include the words "arranged,
designed, or intended to 'be occupied"; the word "lot" includes the
word "plot"; the word "zone" includes the word "district", the word
"premises" includes "vacant land"; the term "shall" indicates a mandatory
requirement and the term "may" indicates a permissive action.
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All words defined in the Municipal Land Use Law, Chapter 291,
Laws of New Jersey, if not contained in this section, are incorporated
herein and declared to be a part of this ordinance. The following
words and phrases shall have the meaning given in this section, as
follows:
A building detached from, and subordinate to the principal
building on the same lot the use of which is customarily incidental
to that of the principal building.
A structure detached from, and subordinate to the principal
structure on the same lot the use of which is customarily incidental
to that of the principal structure.
A use customarily incidental and subordinate to the main
use conducted on a lot, whether such accessory use be conducted in
the main or accessory building.
Any premises used for the repair or servicing of vehicles,
but not including automotive wrecking.
A sign which directs attention to a product, business, service
or entertainment conducted, sold, or offered elsewhere than upon the
lot on which such sign is situated and designed in conjunction with
the sign standards of this ordinance.
Shall refer to the Corbin City Planning Board. (Note: All
references herein to "Zoning Board" refer to the "Planning Board"
since those were combined by Ordinance 7-2004 adopted on November
8, 2004).
[Amended 11-8-2004 by Ord. No. 7-2004]
An area within a property or site generally adjacent to or
parallel with the property line, consisting either of natural existing
vegetation or created by the use of trees, shrubs or fences and used
to visibly separate one use from another or to shield or block noise,
lights or other nuisances. "Buffers" may include fences or berms,
as well as vegetation. All fences shall be constructed with structural
elements and posts facing the property or site on which they are located.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
The vertical distance measured from the average elevation
of the finished grade along the front of the building to the highest
point of the roof.
[Amended 4-10-2017 by Ord. No. 5-2017]
A building in which is conducted the main or principal use
of the lot, to which all other buildings on the lot are accessory.
A governmental acquisition of real property or major construction
project.
Any changes in occupancy which changes the parking, sanitary
or site plan standards contained in this ordinance.
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, education, burial, recreational
or other uses not normally associated with worship.
A communications structure is any combination of support
structure and antenna(e) for broadcast and/or two way communications
including, but not limited to, television, radio, microwaves, cellular
telephone or similar signals.
[Amended 5-13-2002 by Ord. No. 7-2002]
A street with access closed at one end and with a circular
vehicular turnaround at the closed end.
Calendar days.
A building. Or entirely self-contained portion thereof, which
contains complete housekeeping facilities. Dwelling unit shall mean
a room or series of connected rooms containing living, cooking, sleeping
and sanitary facilities for one housekeeping unit. The dwelling unit
shall be self-contained and shall not require the use of outside stairs,
common hallways, passing through another dwelling unit or other indirect
route(s) to get to any portion of the dwelling unit, nor shall there
be shared facilities with another housekeeping unit.
Whenever the word "employees" or the expression "number of
employees" is herein referred to, it shall mean the greatest number
of persons to be employed in the building in question during any season
of the year, and any tine of the day or night.
One or more persons occupying a dwelling unit as a single
non-profit housekeeping unit, whose relationship is of a permanent
and distinct domestic character. Housekeeping unit shall mean one
or more persons living together in one dwelling unit and sharing living,
sleeping, cooking and sanitary facilities on a non-profit basis.
A lot of at least five acres in area used for the growing
and harvesting of crops and the raising and breeding of domestic animals,
including truck farms, nurseries and greenhouses, dairies and livestock
produce, and aquaculture.
An accessory use, which is incident and subordinate to the
farm use of a property, at which fruits, vegetables, or other agricultural
products are offered for sale on a retail basis to the general public,
provided said fruits, vegetables or agricultural products are produced
primarily/partly on the farm to which this market is incident or subordinate.
All area of land and any structure thereon used for the retail
sale of motor fuel, lubricants and incidental services such as car
washing and the sale, installation and repair of tires, batteries,
or automobile accessories.
A guyed communications structure is a reception antenna(e)tower
structure, or other similar structure that is held in place with cables
or wires that provide the tower structure or other similar structure
with resistance to horizontal forces including, but not limited to,
wind.
[Amended 5-13-2002 by Ord. No. 7-2002]
Any building structure, area or property that is significant
in the history, architecture, archeology or culture of this State,
its communities, or the Nation and has been so designated pursuant
to the Municipal Land Use Law, L. 1975, c.291 (1976); N.J.S.A. 40:55D-1
et seq.
An occupation conducted entirely within a detached dwelling
unit or an accessory building, but not both, which occupation is clearly
incidental and secondary to the use of the lot for residential purposes.
Such occupations shall be conducted solely by the residents of the
detached dwelling except that no more than one person not a resident
of the building may be employed and provided also that no more than
450 square feet shall be used for such purpose; that no display of
product shall be visible from the street; that the residential character
of the lot and building shall not be changed; that no occupational
sounds shall be audible outside the building; that no equipment shall
be used which will cause interference with radio and television reception
in neighboring residences; that television reception in neighboring
residences; that the home occupation does not reduce the parking or
yard requirements of the detached dwelling; and that there is no exterior
evidence of the home occupation other than one unlighted or interior
white lighted name plate sign identifying the home occupation, not
exceeding six square feet in area, and either attached or free standing.
(If freestanding, the sign shall not exceed five feet in height and
shall be set back at least five feet from all street right-of-way
and lot lines).
A comprehensive statement of potential impact upon the site
for all major projects that might significantly affect the quality
of the environment.
A completely planted visual barrier composed of evergreens
or other plants as specified by district or specified in the Landscape
Design element of this ordinance.
Any paved or otherwise surfaced off-street space available
only for the loading or unloading of goods, at least 12 feet wide
and forth-five feet long with clear headroom of at least 14 feet and
having usable access to a street.
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 percentage of the lot area occupied by the principal
and accessory buildings and structures.
[Added 4-10-2017 by Ord.
No. 5-2017]
Any boundary line of a lot.
The horizontal distance between the side lot lines at the
front principal building setback line. Where a lot fronts on the turnaround
of a cul-de-sac the width may be reduced to 75% of the required lot
width of the district the lot is located within.
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost point at the
side lot lines to the foremost points of the lot meets at an interior
angle of less than 135°. Any lot defined as a corner lot shall
have front setback lines on both intersecting streets.
The mean distance from the street line of a lot to its opposite
rear line measured in the general direction of the side lines of the
lot.
Any security which may be accepted by the municipality for
the maintenance of any improvements required by the Municipal Land
Use Law, 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.
The municipality may not require that the maintenance guarantee be
in cash, but a developer may provide at his option that some or all
of the maintenance guarantee be in cash.
All subdivisions not classified as minor subdivisions.
A composite of one or more written or graphic proposals for
the development of Corbin City as set forth in and adopted pursuant
to the Municipal Land Use Law, N.J.S.A. 40:55D-28.
Any subdivision containing not more than three lots including
the remaining lot or parcel fronting upon an existing approved street,
not involving any new street or the extension of municipal facilities
and not adversely affecting the development of the remainder of the
parcel or adjoining property and not in conflict with any provision
or portion of the adopted master plan, official map or developmental
ordinance.
A home, excluding travel trailers, which is a movable or
portable unit designed and constructed to be towed on its own chassis
(comprised of frame and wheels) and designed to be connected to utilities
for year-round occupancy. The term shall include a unit containing
parts that may be folded, collapsed, or telescoped while being towed
and that may be expanded to provide additional cubic capacity.
A building containing at least 10 units that are rented or
hired out to transient clientele purposes, with parking places adjacent
to the units, and which is subject to the laws and regulations of
the State of New Jersey, which building may include owner/operator's
living quarters as part of the motel use. A motel unit may not be
continuously occupied for more than 120 consecutive days.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
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 a zoning ordinance, 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.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street right-of-way.
A map, with changes and additions thereto, adopted and established,
from time to time, by resolution of the Board of Chosen Freeholders
of the county pursuant to N.J.S.A. 40:27-5.
A map adopted in accordance with the New Jersey Municipal
Land Use Law, L.1975, c.291 (1976); N.J.S.A. 40:55D-32 et seq.
Located outside the lot lines of the lot under review or
included with in general but contiguous to the lot under review.
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 area of land 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
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
A space which, exclusive of driveways and turning areas,
is 10 feet wide and 20 feet long if in an enclosed garage, or not
less than nine feet wide by 18 feet long if in the open, and which
is accessible for the parking of one vehicle. Stacked parking which
requires moving of one or more vehicles to access another is prohibited.
Any security which may be accepted by a municipality, 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. The municipality may not
require that more than 10% of a performance guarantee be in cash,
but a developer may at his option provide that more than 10% of the
performance guarantee be in cash.
The Municipal Planning Board of the City of Corbin City established
pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq. (Ord. 7-2004).
The map of a subdivision.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations, and which, if approved, shall be filed with
the Clerk of the County of Atlantic for recording, in accordance with
law. A Plat that receives final approval must be prepared by a New
Jersey Licensed Land Surveyor. If the final plat also contains engineering
data and design, then it must also be signed by a New Jersey Professional
Engineer in accordance with all of the provisions of Chapter 141,
L. 1960.
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Planning Board for tentative
approval and meeting the requirements of this ordinance.
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article XVII of this ordinance.
The conferral of certain rights pursuant to the New jersey
Municipal land Use Law, L. 1975, c.291, §§ 34, 36 and
37; N.J.S.A. 40:55D-48, 40:55D-49, prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
A storage structure of 300 square feet or less, built or
placed on a property.
[Added 4-10-2017 by Ord.
No. 5-2017]
The land reserved or dedicated for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or water course for preserving the biological as well as drainage
function of the channel and providing for the flow of water to safeguard
the public against flood damage, sedimentation and erosion and to
assure the adequacy of existing and proposed culverts and bridges
to induce water recharge into the ground where practical, and to lessen
nonpoint pollution.
An open space area conveyed or otherwise dedicated to a municipal
agency, board of education, state or county agency, or other public
body for recreational or conservational uses.
A private or public space including essential buildings and
structures used for play and recreational space for individuals.
An establishment in which food and drink may be procured,
provided that such food or drink is to be consumed on said premises.
The further division 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 any streets or the establishment of any new
streets within any subdivision previously made and approved or recorded
according to law, but does not include conveyances so as to combine
existing lots by deed or other instrument.
Any overland flow of water across the ground surface.
A duly organized school, other than a public school, giving
regular instruction in subjects ordinarily taught in the public schools,
and not under the jurisdiction of the school district but properly
registered with the State of New Jersey.
The deposition of soil that has been transported from its
site or origin by water, ice, wind, gravity or other natural means
as a product of erosion.
Any device or representation for visual communication used
as, or which is in the nature of, an advertisement, announcement or
direction including any letter, word, banner, pennant, insignia or
trade flag, but excluding any public traffic or directional signs.
A development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways, (2) 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, screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuant to ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to Article VI Municipal Land Use Law, L. 1975, c.291, (1976), N.J.S.A. 40:55-D-37 et seq.
Standards (1) adopted by Ordinance pursuant to the New Jersey
Municipal Land Use Law, L. 1975, c.291, § 52d; N.J.S.A.
40:55D-65, regulating noise levels, glare, earthborne or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters,
explosive and inflammable matters, smoke and airborne particles, waste
discharge, screening of unsightly objects or conditions and such other
similar matters as may be reasonably required by the municipality
or (2) required by applicable Federal or State laws or municipal ordinances.
Any thoroughfare, avenue, boulevard, road, parkway, viaduct,
drive or other way (1) which is an existing State, county or municipal
roadway, or (2) which is shown upon a plat heretofore approved pursuant
to law, or (3) which is approved by official action as provided by
this act, or (4) which is shown on a plat duly filed and recorded
in the office of the county recording officer prior to the appointment
of a planning board and the grant to such board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
A street carrying traffic from collector streets.
A street which carries traffic from minor streets to the
major system of arterial streets. They shall include the principal
entrance street(s) of a residential development and streets for circulation
within such a development.
The dividing line between a lot and (a) a public street,
road or highway or (b) a private street, road or way over which two
or more dominant estates have the right-of-way.
A street which is used which is used primarily for access
to the abutting properties.
A street which is parallel to and adjacent to an arterial
street or highway and which provides access to abutting properties
and protection from through traffic.
See Street, Local.
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.
Any person, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this ordinance to effect a subdivision of land hereunder for
himself or for another.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other division of land. Subdivision
also includes re-subdivision, and where appropriate to the context,
relates to the process of subdividing or to the lands or territory
divided.
A vehicular, portable structure built on a chassis designed
to be used as a temporary dwelling for travel, recreational, and vacation
uses, permanently identified "travel trailer" by the manufacturer
of the trailer and, when factory equipped for the road, having a body
width not exceeding eight feet, and a body length not exceeding 32
feet.
A "use" is any purpose for which a building or other structure
or tract of land may be designed, arranged, intended, maintained or
occupied, or any activity, occupation, business or operation carried
on in a building or other structure on a tract of land.
The main or primary purpose or purposes for which land, a
structure, a building is designed, arranged, or intended or for which
they may be occupied or maintained under the zoning ordinance.
An area used for the storage and display of used automobiles
advertised for sale, including motorcycles, trucks, or any other motorized
vehicle.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to New Jersey Municipal Land Use Law, L.1975 c.291,
§ 47; New Jersey Municipal Land Use Law, id; N.J.S.A. 40:55D-40,
40:55D-70.
The minimum distance between the side lot line of its vertical
projection and the side walls of the building.
An open, unoccupied space on the same lot with any building,
open and unobstructed from the ground upward.
A yard extending the full width of the lot and extending
from the front line of any building, projected to the side lines of
the lot, to the street line.
A yard extending the full width of the lot, and extending
from the rear line of the lot to the rear line of any main building,
projected to the side lines of the lot.
The mean distance from the rear lot line or its vertical
projection to the part of the building that is nearest thereto at
any story level.
A yard extending from the front yard to the rear yard between
any building and the adjacent side line of the lot.
A document signed by the Zoning and Code Enforcement Officer
(1) which is required by ordinance as a condition precedent to commencement
of a use or the erection, construction, reconstruction, alteration
conversion or installation of a structure or building and (2) which
acknowledges that such use, structure or building complies with the
provisions of the Municipal Zoning Ordinance or variance therefrom
duly authorized by a municipal agency pursuant to §§ 47
and 57 of the New Jersey Municipal Land Use Law, L. 1975, c.291; N.J.S.A.
40:55D-60, 40:55D-70.
