The following words, phrases and terms as used in
this chapter are hereby defined for the purpose thereof as follows:
ACCESSORY BUILDING
A subordinate use or a building, the purpose of which is
incidental to that of the main use or building on the same lot, including
garages and sheds. A detached accessory building shall not be used
as a dwelling or bedroom unless specifically permitted. Outdoor shower
facilities larger than 32 square feet or extending more than four
feet from the vertical face of the main building shall be considered
an accessory building.
[Amended 11-4-1994 by Ord. No. 94-38C; 4-21-1995 by Ord. No. 95-12C; 10-6-2000 by Ord. No. 00-12C; 6-15-2007 by Ord. No. 07-24C]
ALTERATIONS
As applied to a building or 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.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod or canister), directional antenna (panel), parabolic antenna
(disc), or any other wireless antenna. An antenna shall not include
tower-based wireless communications facilities defined below.
[Added 3-6-2017 by Ord.
No. 17-05C; amended 2-3-2020 by Ord. No. 20-06C]
AWNING
A canvas or other material stretched over a frame mounted
on a wall over a window, door, or deck area. The maximum height above
grade or deck area shall be eight feet. The maximum covered area shall
be 10 feet by 12 feet and shall not be counted as lot coverage.
[Added 3-7-2022 by Ord. No. 22-06C]
BACKHAUL NETWORK
The lines that connect a wireless provider’s or facility
developer’s towers and cell sites to one or more cellular telephone
switching offices and/or long-distance providers or the public switched
telephone network.
[Added 3-6-2017 by Ord.
No. 17-05C; amended 10-7-2019 by Ord. No. 19-23C]
BASE STATION
A structure or equipment at a fixed location that enables
FCC-licensed or authorized wireless communications between user equipment
and a communications network. The term does not encompass a tower
as defined herein or any equipment associated with a tower. "Base
station" includes, without limitation, the following:
[Added 3-6-2017 by Ord.
No. 17-05C]
(1)
Equipment associated with wireless communications services such
as private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as a backhaul network.
(2)
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration (including DAS and small-cell networks).
(3)
Any structure other than a tower that, at the time the relevant application is filed under this section, supports or houses equipment described in Subsections
(1) and
(2) which has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
BUILDING
Any structure having a roof supported by columns, piers or
walls, including tents, lunch wagons, trailers, dining cars, camp
cars or other structures on wheels, or having other supports, and
any unroofed platform, terrace or porch having a vertical face higher
than one foot above the level of the ground from which the height
of the building is measured. Entryways, entrances and stairs less
than or equal to the first-floor elevation and not exceeding a cumulative
total of 70 square feet nor projecting more than eight feet from the
face of the building shall not be considered building area. An area
of no more than 32 square feet of such entryway, entrance or stairs
may be roofed over and enclosed to be weathertight. When railings
are used in the construction of decks and porches, they shall be considered
a safety requirement and will not be classified as part of the face
measurement of the structure.
[Amended 9-7-1990 by Ord. No. 90-25C; 6-4-2010 by Ord. No.
10-20C; 1-10-2014 by Ord. No. 13-48C]
BUILDING AREA
The total of the area of the outside dimensions on a horizontal
plane at ground level of the principal building and all accessory
buildings, except as otherwise provided in this chapter.
[Amended 10-6-2000 by Ord. No. 00-12C]
BUILDING HEIGHT
The height of any building, accessory building or structure
shall be determined pursuant to this chapter.
[Amended 3-16-1990 by Ord. No. 90-9C; 7-18-1997 by Ord. No. 97-16C; 3-6-2017 by Ord. No. 17-06C]
BUILDING LINE
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered or
projected section of a building, the vertical plane will coincide
with the most projected surface. All yard requirements are measured
to the building line.
CABINET
A small box-like, rectangular, oval, or other geometric-shape
structure used to facilitate utility or wireless communications facilities.
[Added 10-7-2019 by Ord.
No. 19-23C]
CERTIFICATE OF OCCUPANCY
A certificate issued by the Code Enforcement Officer upon
completion of the construction of a new building or upon a change
in the occupancy of a building which certifies that all requirements
of this chapter, or such adjustments thereof which have been granted
by the Land Use Board or Planning Board, and all other applicable
requirements, have been compiled with by the owner or his or her representative.
CLEAN WOOD
Natural wood which has not been painted, varnished, or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
[Added 3-6-2017 by Ord.
No. 17-06C]
CODE ENFORCEMENT OFFICER
The official of the Township of Long Beach appointed pursuant
to the Uniform Construction Code of New Jersey.
COLLOCATION
The act of siting a wireless communications facility on an
existing structure without the need to construct a new wireless communications
support structure and without a substantial increase in the size of
an existing structure. The mounting of one or more wireless communications
facilities, including antennas, on an existing tower-based wireless
communications facility and/or wireless support structure for the
purpose of transmitting and/or receiving radio and digital frequency
signals for communications purposes. To be confirmed as collocation,
an applicant must demonstrate that it qualifies as collocation in
accordance with federal and state law, including, but not limited
to, N.J.S.A. 40:55D-46.2. The siting of small wireless facilities
and DAS on existing utility poles in the ROW shall be considered collocation.
[Added 3-6-2017 by Ord.
No. 17-05C; amended 10-7-2019 by Ord. No. 19-23C]
COMMERCIAL EQUIPMENT
Any equipment designated for use for commercial purposes,
including, but not limited to, backhoes, dumpsters, plows, trailers,
and equipment relating to construction purposes.
[Added 4-6-2001 by Ord. No. 01-2C; amended 9-14-2020 by Ord. No. 20-21C]
COMMERCIAL VEHICLE
Any motor vehicle, truck, pickup truck, or van licensed or
designated for use or used for the transportation of property or other
commercial purposes, whether or not same is registered as a commercial
vehicle with the Motor Vehicle Commission, and includes, but is not
limited to, vehicles providing and delivery of goods, wares, merchandise,
and services, advertising or intending to promote the interest of
business, providing commercial services and/or construction services.
[Added 4-6-2001 by Ord. No. 01-2C; amended 9-14-2020 by Ord. No. 20-21C]
CONDITIONAL USE
A permitted use in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the zoning ordinance and upon the approval by the
appropriate board.
[Added 9-7-2022 by Ord. No. 22-20C]
COVERAGE GAP
The need for additional capacity because of inadequate present
capacity or service, dead spots, and inability to place a call.
[Added 3-6-2017 by Ord.
No. 17-05C]
CRAFT DISTILLERY
A distillery operating with a craft distillery license as
defined and regulated within N.J.S.A. 33:1-10.
[Added 2-7-2022 by Ord. No. 22-02C]
DEAD SPOT
Small areas within a service area where the field of strength
is lower than the minimum level for reliable service or inadequate
capacity exists as determined by expert testimony in accordance with
industry standards.
[Added 3-6-2017 by Ord.
No. 17-05C]
DECK, ELEVATED
A platform consisting of wood, metal, masonry or composite
materials attached to the principal structure or accessory structure,
elevated more than one foot above the grade on which the deck is located.
The deck shall be considered in the total building area and lot coverage.
[Added 10-26-2016 by Ord.
No. 15-43C]
DECK, GRADE LEVEL
A platform consisting of wood, masonry, metal or composite
materials installed on the surface of the lot one foot or less above
the grade on which the deck is located. The deck shall not be considered
lot coverage, but shall be considered an impervious surface.
[Added 10-26-2016 by Ord.
No. 15-43C]
DISTRIBUTED ANTENNA SYSTEM or DAS
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure. DAS antenna elevations are generally at or below
the clutter level and node installations are compact.
[Added 3-6-2017 by Ord.
No. 17-05C; amended 10-7-2019 by Ord. No. 19-23C]
DWELLING, MULTIFAMILY
A building or buildings on a single lot containing three
or more separate dwelling units. The dwelling units may be contained
in one building or separate buildings which do not exceed lot coverage
or setback requirements of the appropriate district where they are
located. The definition shall also include a building designed for
or occupied exclusively by three or more families living independently
of each other.
[Amended 2-4-2019 by Ord.
No. 19-03C]
DWELLING, TWO-FAMILY
A building or buildings on a single lot containing two separate
dwelling units. The dwelling units may be contained in two separate
buildings which do not exceed lot coverage or setback requirements
of the appropriate district where they are located or in a single
building with each unit totally separated from the other unit either
by an unpierced wall extending from ground to roof or an unpierced
ceiling and floor extended from exterior wall to exterior wall except
for a common stairwell serving both dwelling units. Exception: One
communicating double door may be installed in the separation wall
between dwelling units in compliance with the Uniform Construction
Code requirements for fire separation between dwellings.
[Amended 11-1-2002 by Ord. No. 02-16C; 7-22-2005 by Ord. No.
05-18C; 8-22-2014 by Ord. No. 14-26C]
DWELLING UNIT
One or more rooms providing living facilities for one family,
including equipment for cooking or provisions for the same.
EASEMENT LINE
The easement line is that line determining the limit and
extent of the right in the owner of one parcel of land to use the
land of another for a special purpose.
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.
[Amended 6-7-1991 by Ord. No. 91-18C]
FCC
Federal Communications Commission.
[Added 3-6-2017 by Ord.
No. 17-05C]
GARAGE, PRIVATE
A building or space designed as accessory to the main building
which is designed primarily for the storage of vehicles.
GRADE, FINISHED
The completed surface of lawns, walks and roads brought to
grades as shown on official plans, designs or ordinances relating
thereto.
GROUND-LEVEL CABINET
A cabinet that is not attached to an existing utility pole
or tower and is touching or directly supported by the ground.
[Added 10-7-2019 by Ord.
No. 19-23C]
HOME OCCUPATION
Any gainful employment or occupation of one or more members
of the resident family which shall constitute, either entirely or
partly, the means of livelihood of such member or members and which
shall be conducted clearly as a secondary or accessory use to the
primary residential use of the principal structure. Such occupation
may be pursued in the principal dwelling structure or in a secondary
building which is accessory to such principal structure. Home occupations
are normally in the field of work of the artisan and may include home
offices of said occupations where not more than one person who is
not a member of the family in residence at the site and in the home
is employed. The retail sale of goods or services in structures designed
or altered to make such activities the primary use of any structure
shall not be construed hereunder to be a home occupation. No greater
than 20% of the principal dwelling structure or adjacent structure
shall be used for the occupation. No machines or equipment shall be
used which will cause electrical or other interference with radio
and television reception in adjacent residences.
HOME PROFESSIONAL OFFICE
The office of a member of a recognized profession as hereinafter
indicated when conducted on a residential property and conducted by
one professional member of the residential family, with not more than
two employees, entirely within a residential building and shall include
only the offices of medical doctors, osteopaths, psychiatrists, optometrists,
dentists, chiropractors, ministers, architects, professional engineers,
land surveyors, lawyers and accountants, and no others. No greater
than 20% of the principal dwelling structure or adjacent structure
shall be used for the occupation. No machines or equipment shall be
used which will cause electrical or other interference with radio
and television reception in adjacent residences.
HOTEL (MOTEL)
A building containing rooms used, rented or hired out to
be occupied for sleeping purposes by guests, where no kitchen or only
a general kitchen and dining room are provided within the building
or as an accessory building or both.
IMPERVIOUS SURFACE/IMPERVIOUS LOT COVERAGE
Surface covering the natural earth which covering inhibits
water percolation into the natural earth, thereby causing surface
water to drain off the site of the surface covering rather than be
absorbed into the earth constituting lot upon which the surface covering
is placed.
[Added 10-5-2004 by Ord. No. 04-20C]
INHERENTLY BENEFICIAL USE
A use which is universally considered of value to the community
because it fundamentally serves the public good and promotes the general
welfare.
[Added 9-7-2022 by Ord. No. 22-20C]
INSTITUTIONAL USE
Nonprofit institutions limited to churches, schools teaching
academic subjects, hospitals, public libraries, museums, art galleries
and city buildings.
[Added 9-7-2022 by Ord. No. 22-20C]
LIVING SPACE
Finished floor space in compliance with the applicable flood
zone within a dwelling unit, excluding attics, basements, garages,
porches, balconies, and decks used for any general living, sleeping,
eating, cooking, bathing, washing, sanitation, or any other general
living purposes.
[Amended 6-5-2017 by Ord.
No. 17-17C]
(1)
In order to qualify as living space, finished attic spaces shall
have a ceiling height of seven feet or more from the finished floor
and sloping to a ceiling height of not less than five feet measured
from the finished floor to the underside of the rafters at the roof
eaves.
LOT
A parcel or area of land, the dimension and extent of which
are determined by the latest official records or by the latest approved
map of a subdivision of which the lot is a part.
LOT AREA
An area of land which is determined by the limits of the
lot lines bounding that area.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets or easements.
LOT COVERAGE
That portion of the lot area covered by building area.
LOT DEPTH
The distance between the midpoints of straight lines connecting
the foremost points of the side lot lines in front and the rearmost
points of the side lot lines in the rear, provided that where side
lot lines in the rear are less than 25 feet apart at their rearmost
points, measured along a line parallel to the front line so constructed,
the midpoint of a rear line parallel to said front line and 25 feet
in length within the lot shall be used as the rearmost measuring point.
LOT FRONTAGE
A lot line or portion thereof which is coexistent with a
street line, easement line or right-of-way line.
LOT WIDTH
The lot width shall be determined by measurement across the
front yard at the setback line. The width between the side lot lines
at the points where they intersect the street line shall not be less
than 80% of the required minimum lot width. In the case of lots on
the turning circle of culs-de-sac or at points of street curvature
where the radius at the right-of-way line of the street (or a circle
approximately following the right-of-way line and intersecting the
foremost points of the side lot lines) is less than 90 feet, the eighty-percent
requirement shall not apply. In any case, the width at the right-of-way
line of the street shall not be less than 20 feet.
MARINA
A dock or basin operated for profit or to which public patronage
is invited providing moorings or marine services for power yachts,
launches or other watercraft.
MICROBREWERY
A brewery operating with a limited brewery license as defined
and regulated within N.J.S.A. 33:1-10.
[Added 2-7-2022 by Ord. No. 22-02C]
MIXED USE
A lot containing a combination of commercial and residential
uses. The mix of uses may be contained in one or more buildings and/or
separated into different buildings on a lot pursuant to the requirements
of the Code.
[Added 10-22-2010 by Ord. No. 10-47C; amended 5-6-2019 by Ord. No.
19-11C; 8-7-2023 by Ord. No. 23-19C]
MODEL HOME
A building constructed or erected by a building contractor
or developer displaying his or her particular crafts and building
techniques to the general public for the purpose of selling crafts
and building techniques; the building shall not be used by any person
engaged in any activity which would require a real estate broker's
license; the building shall conform in all respects with the regulations
and restrictions of the zoning district in which it is located.
MONOPOLE
A wireless communications facility or site which consists
of a single pole structure, designed and erected on the ground or
on top of a structure to support communications antennas and connecting
appurtenances.
[Added 3-6-2017 by Ord.
No. 17-05C]
NONCONFORMING BUILDING
A building which in its designed location upon a lot does
not conform to the regulations of this chapter for the zone in which
it is located, but which was in all respects a lawful building at
the time it was constructed.
NONCONFORMING LOT
A lot or parcel which does not have the minimum width or
depth or contain the minimum area for the zone in which it is located
or the use to which it is being put, and which was in all respects
lawful at the time it was first delineated by deed or plot plan of
public record.
NONCONFORMING USE
Use of a building or of land that does not conform to the
regulations of the zone in which it is located, but which use was
in all respects lawful when it was begun.
OCCUPANCY
The specific purpose for which land or a building is used,
designed or maintained.
OUTDOOR COOKING DEVICE
A device that uses recreational fire in any type and manner,
including, but not limited to, ranges, stoves, barbeque grills, propane
grills, gas grills, or ovens to cook or prepare any type of food.
[Added 7-2-2018 by Ord.
No. 18-16C]
PARKING SPACE, OFF-STREET
An off-street space available for the parking of a motor
vehicle, which space shall be at least nine feet wide and 18 feet
long.
[Amended 7-18-1997 by Ord. No. 97-16C; 7-22-2005 by Ord. No. 05-18C]
PERGOLA
A structure consisting of posts or columns supporting open
spaced rafters, trelliswork or latticework, Pergolas shall comply
with all setback requirements and shall not be considered lot coverage
or impervious coverage.
[Added 5-2-2016 by Ord.
No. 16-17C]
PERMANENT FIRE DEVICE
A device such as a fire pit, outdoor cooking device, fireplace,
fire bowl, brick, stone or masonry enclosure, or chiminea that is
constructed to contain a fire, is not made out of any combustible
materials, and is built into the ground and/or is built, affixed,
and/or anchored to any building, accessory building, or structure.
All outdoor cooking devices, including, but not limited to, grills,
stone or masonry enclosures, stoves, and ovens not approved and installed
entirely within a dwelling shall constitute a permanent fire device.
[Added 3-6-2017 by Ord.
No. 17-06C; amended 7-2-2018 by Ord. No. 18-16C]
PLANNING BOARD
The Planning Board of the Township of Long Beach established
pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
PORTABLE FIRE DEVICE
A device such as a fire pit, outdoor cooking device, fireplace,
fire bowl, or chiminea that is constructed to contain a fire, is not
made out of any combustible materials, and is not built into the ground
and/or built, affixed, and/or anchored to any building, accessory
building, or structure.
[Added 3-6-2017 by Ord.
No. 17-06C; amended 7-2-2018 by Ord. No. 18-16C]
PREEXISTING WIRELESS SUPPORT STRUCTURES
Any tower, antenna, and/or other wireless communications
support structure that has a construction permit or land use approval
prior to the effective date of this section and including, but not
limited to, any tower, antenna, and/or wireless communications support
structure on property owned, leased, or otherwise controlled by the
Township.
[Added 3-6-2017 by Ord.
No. 17-05C]
PRINCIPAL USE
The primary or main purpose for which a building or land
may be used or occupied. No property shall be permitted more than
one principal use.
[Added 9-7-2022 by Ord. No. 22-20C]
PRONOUNCED UNIFORMITY
Where in any given block there is exact uniformity in the
alignment of a majority of the existing buildings in the given block,
that shall be construed as meaning a pronounced uniformity for purposes
of the application of this chapter.
[Added 12-16-2011 by Ord. No. 11-47C]
PUBLIC UTILITY
Persons, corporations, or governments supplying gas, electric,
transportation, water, sewer, or landline telephone service to the
general public. The term "public utility," however, shall not mean,
for purposes of this chapter, wireless communications providers and
wireless facility developers.
[Added 3-6-2017 by Ord.
No. 17-05C]
RECREATIONAL FIRES
An outdoor fire where charcoal, dry, clean, untreated wood,
or other fuels are used in portable fire devices and permanent fire
devices, including, but not limited to, outdoor grills, traditional
outdoor cooking devices, outdoor fireplaces, fire pits, chimineas.
[Added 3-16-2012 by Ord.
No. 12-03C; amended 3-6-2017 by Ord. No. 17-06C]
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property
in the Township in which the Township, County of Ocean, and/or State
of New Jersey has a regulatory interest, or interest as a trustee
for the public, as such interests now or hereafter exist, including,
but not limited to, all streets, highways, avenues, roads, alleys,
sidewalks, tunnels, viaducts, bridges, skyways, or any other public
place, area, or property under the control of the Township, County
of Ocean, and/or State of New Jersey, and any unrestricted public
or utility easements established, dedicated, platted, improved, or
devoted for utility purposes, but excluding lands relating to other
than streets that are owned by the Township, County of Ocean, and/or
State of New Jersey. The phrase "in the right(s)-of-way" and means
in, on, over, along, above, and/or under the right(s)-of-way.
[Added 3-6-2017 by Ord.
No. 17-05C]
ROOF
A flat or sloped surface constructed on the top of the exterior
walls of the living space of a building or other supported structure
providing a weathertight condition capable of any designed loads as
outlined elsewhere in the Township Code. Any roof shall not exceed
two feet beyond the exterior walls of the living space of the building
or supported structure.
[Added 7-6-2021 by Ord.
No. 21-17C]
ROOF DECK STRUCTURE
A deck that is constructed on top of a roof or constitutes
the roof of a building.
[Added 3-7-2022 by Ord. No. 22-06C]
SATELLITE DISH
Any apparatus with a flat or parabolic surface which is designed
for the purpose of receiving television, radio, microwave, satellite,
or similar electronic signals.
[Added 3-6-2017 by Ord.
No. 17-05C]
SIGN
See Chapter 160, Signs.
[Amended 7-18-1997 by Ord. No. 97-16C]
SIGN, AREA
See Chapter 160, Signs.
[Amended 7-18-1997 by Ord. No. 97-16C]
SMALL WIRELESS FACILITY
[Added 10-7-2019 by Ord.
No. 19-23C]
(1)
A wireless facility mounted on structures 40 feet or less in
height and which meets both of the following qualifications:
(a)
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume; and
(b)
All other wireless equipment associated with the small wireless
facility, whether ground- or pole-mounted, is cumulatively no more
than 28 cubic feet in volume.
(2)
Small wireless facilities include DAS.
SMALL WIRELESS FACILITY POLE
A pole substantially similar to a utility pole and subject
to the same laws and regulations governing utility poles which provides
for the siting of small wireless facilities in the ROW.
[Added 10-7-2019 by Ord.
No. 19-23C]
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers,
antennas, and other related facilities which render them more visually
appealing, or blend the proposed facilities into the existing structure
or visual backdrop in such a manner as to render them minimally visible
to the casual observer. Such methods include, but are not limited
to, architecturally screened roof-mounted antennas, building-mounted
antennas painted to match the existing structure, and facilities constructed
to resemble trees, shrubs, flag poles, utility poles, and light poles.
[Added 3-6-2017 by Ord.
No. 17-05C]
STORY
That part of a building between the surface of any floor
and the next floor above it, or in its absence, then the finished
ceiling or roof above it. A split-level story shall be considered
a second story if its floor level is six feet or more above the level
of the line of the finished floor next below it, except a cellar.
Any floor under a sloping roof at the top of a building which is more
than eight feet below the top ridge shall be counted as a story, and
if less than eight feet below the top ridge but more than four feet,
it shall be counted as a half story. A basement beneath a dwelling
shall be counted as a half story.
STREET
Any street, avenue, boulevard, road, lane, parkway, or other
way which is an existing county or municipal roadway, or a street
or way.
[Amended 7-18-1997 by Ord. No. 97-16C; 3-6-2017 by Ord. No. 17-06C]
STREET LINE
The street line is that line determining the limit of the
existing highway right of the public.
STRUCTURAL ALTERATION
Any change in the supporting sections of a building such
as bearing walls, columns, beams or girders, or in the utility system
or mechanical equipment of a structure which materially alters it
usability, capacity or function.
STRUCTURE
A combination of materials built, combined or assembled to
form something built or constructed for occupancy, use or ornamentation
whether installed on, above or below the surface of the lot upon which
the construction is located.
[Added 11-20-2009 by Ord. No. 09-31C]
SUBSTANTIAL CHANGE
A modification substantially changes the physical dimension
of a wireless communications support structure and/or base station
if it meets any of the following criteria:
[Added 3-6-2017 by Ord.
No. 17-05C; amended 10-7-2019 by Ord. No. 19-23C]
(1)
Increase in height. An increase in the height of a wireless
communications support structure constitutes a substantial change
for structures outside the ROW if the proposed increase in height
is more than 20 feet or 10%, whichever is greater. All wireless communications
support structures in the ROW, including small wireless facility poles
and utility poles, shall be limited to a maximum of 40 feet in height.
Any change to the increase in height for any wireless communications
support structures in the ROW that increase the height to a total
less than the maximum of 40 feet shall not constitute a substantial
change.
(2)
Increase in width. An increase in the width of a tower constitutes
a substantial change for towers outside the ROW if the increase protrudes
from the edge of the tower more than 20 feet or more than the width
of the tower structure at the level of the new appurtenance. All changes
to the width of small wireless facilities that comply with the applicable
regulations shall be deemed nonsubstantial.
(3)
Increase in equipment cabinets. The addition of equipment cabinets
constitutes a substantial change if it involves installation of more
than the standard number of new equipment cabinets for the technology
involved or more than four cabinets, whichever is less.
(4)
Excavation or deployment outside current site. Excavation or
deployment of equipment outside the current site of the tower or base
station constitutes a substantial change when required for a proposed
collocation.
(5)
Defeat of existing concealment elements. If existing concealment
elements of the tower or base station would be defeated by the proposed
collocation, the proposed collocation constitutes a substantial change.
For example, if the proposed collocation would result in an extension
of a camouflaged tree tower which would result in the tower no longer
looking like a tree, the proposed collocation would constitute a substantial
change of the tree tower.
(6)
Failure to comply with prior conditions. A substantial change
occurs if the proposed collocation fails to comply with conditions
associated with the prior approval of the tower or base station, unless
such noncompliance is due to an increase in height, increase in width,
addition of cabinets, or new excavation that does not exceed the corresponding
substantial-change thresholds described above.
(7)
The collocation of small wireless facilities on existing utility
poles in the ROW and the replacement of existing, approved utility
poles pursuant to the applicable law in the ROW shall not be considered
a substantial change.
(8)
No changes that exceed the scope of the applicable regulations
shall be permitted, whether substantial or nonsubstantial.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio, and similar wireless telecommunication purposes, including
self-supporting lattice towers or monopole towers. The term shall
also include radio and television transmission towers, microwave towers,
common-carrier towers, cellular telephone towers, alternative tower
structures, monopoles, and the like. The term includes the structure
of the tower along with any support thereto.
[Added 3-6-2017 by Ord.
No. 17-05C]
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers, and monopoles. DAS hub facilities are
considered to be tower-based wireless communications facilities.
[Added 3-6-2017 by Ord.
No. 17-05C]
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.
UTILITY POLE
Any telephone pole, public utility pole, electric pole, or
any other pole providing for the maintenance of wires for the distribution
of electricity, telephone signals, telegraph signals, and/or television
signals.
[Added 3-6-2017 by Ord.
No. 17-05C]
VARIANCE
Permission to depart from the literal requirements of a zoning
ordinance pursuant to the Municipal Land Use Law.
[Added 9-7-2022 by Ord. No. 22-20C]
WIRELESS
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 3-6-2017 by Ord.
No. 17-05C]
WIRELESS COMMUNICATIONS AND COMMUNICATIONS SERVICE
Any personal wireless services as defined in the Telecommunications
Act of 1996 ("TCA"), which includes FCC-licensed commercial wireless
telecommunications services, including, but not limited to, all FCC-licensed
blackhaul network and other wireless services, broadcast, cellular,
personal communication services, specialized mobile radio, enhanced
specialized mobile radio, paging, and similar services that exist
or that may be developed in the future.
[Added 3-6-2017 by Ord.
No. 17-05C]
WIRELESS COMMUNICATIONS EQUIPMENT
The set of equipment and network components used in the provision
of wireless communications services, including, but not limited to,
antennas, transmitters, receivers, base stations, equipment shelters,
cabinets, emergency generators, power supply cabling, and coaxial
and fiber optic cable, but excluding wireless communications support
structures.
[Added 3-6-2017 by Ord.
No. 17-05C]
WIRELESS COMMUNICATIONS FACILITY
The antennas, nodes, DAS, control boxes, towers, poles, conduits,
ducts, pedestals, electronics, base station, small wireless facility,
tower, wireless communications support structure, and other equipment
used for the purposes of transmitting, receiving, distributing, providing,
or accommodating wireless communications services.
[Added 3-6-2017 by Ord.
No. 17-05C; amended 10-7-2019 by Ord. No. 19-23C]
WIRELESS COMMUNICATIONS SUPPORT STRUCTURE
A structure that is designed to support, or is capable of
supporting, wireless communications facilities and equipment, including,
but not limited to, a tower, water tower, or utility pole.
[Added 3-6-2017 by Ord.
No. 17-05C]
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 line of the building projected to the
side lines of that lot. Ocean, bay and lagoon properties may consider
that area of the premises fronting upon such bodies of water as a
front yard; provided that the frontage on such body of water shall
be no less than 30% of the lot width of the lot as that term is defined
in this section.
[Amended 5-18–2007 by Ord.
No. 07-18C]
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of any 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 the depth
of a rear yard shall be measured along the lot depth line, as defined
above.
YARD, SIDE
An open, unoccupied space between the side line of the lot
and the nearest line of a building and extending from the front yard
to the rear yard or, in the absence of either of such yards, to the
street or rear lot line, as the case may be. The width of a side yard
will be measured at right angles to the side of the lot.
VARIANCE
Permission to depart from the literal requirements of this
chapter pursuant to N.J.S.A. 40:55D-40, 40:55D-60 and 40:55D-70.
ZONING PERMIT
A document signed by the Zoning Officer:
[Added 8-3-2020 by Ord. No. 20-18C]
(1)
Which is required as a condition precedent to the commencement
of a use, change in use, addition 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 Code or requires a variance approved by
an approving authority.