Township of Long Beach, NJ Article I Title; Definitions

§ 205-1 Title.

The short title by which this chapter shall be known is the "Zoning Ordinance of the Township of Long Beach."

§ 205-2 Definitions and word usage.

A. Interpretation. Words used in the present tense include the future. The singular number includes the plural, and the plural, the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "zone" includes the word "district"; the word "use" includes the words "arranged, designed or intended to be used"; the word "shall" is always mandatory, and the word "may" is permissive.

[Amended 7-18-1997 by Ord. No. 97-16C]

B. 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.

[1]

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, ONE-FAMILY

A detached building designed for or occupied exclusively by one family.

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

A privately held thoroughfare.

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, INTERIOR

A lot other than a corner lot.

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 uses may be contained in one or more buildings and/or separated into different buildings on a lot.

[Added 10-22-2010 by Ord. No. 10-47C; amended 5-6-2019 by Ord. No. 19-11C]

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.

NON-TOWER WIRELESS COMMUNICATIONS FACILITY

All non-tower wireless communications facilities, including, but not limited to, antennas and related equipment.

[Added 3-6-2017 by Ord. No. 17-05C]

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.

[1] Editor's Note: The definition of "Board of Adjustment," which immediately followed this definition, was deleted 7-18-1997 by Ord. No. 97-16C.