[Ord. No. 90-535]
This chapter is adopted pursuant to general 40:55D-1 et seq.,
in order to promote and protect the public health, safety, morals
and general welfare, and in furtherance of the following related and
more specific objectives:
To secure safety from fire, flood, panic and other natural or
man-made disasters;
To provide adequate light, air and open space;
To ensure that the development of the Borough of Lake Como does
not conflict with the development and general welfare of neighboring
municipalities, the County and the State as a whole;
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, and preservation of the environment;
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
To provide sufficient space in appropriate locations for a variety
of residential, recreational, commercial and industrial uses and open
space, both public and private, according to their respective environmental
requirements;
To encourage the location and design of transportation routes
which will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
To promote the conservation of open space and valuable natural
resources and to prevent urban sprawl and degradation of the environment
through improper use of land;
To encourage senior citizen community housing construction consistent
with provisions permitting other residential uses of a similar density
in the same zoning district.
[Ord. No. 90-535; Ord. No. 94-599; Ord. No.
2005-753; Ord. No. 2010-842; Ord. No. 2011-861; Ord. No. 2011-865; Ord.
No. 2014-894 § 1]
For the purpose of this chapter, certain phrases and words are
herein defined as follows: words used in the present tense include
the future; words used in the singular number include the plural number
and vice versa; the word "used" shall include arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used; the word "lot" includes the words "plot," "premises" and "tract;"
the word "building" includes the words "structure," "dwelling" or
"residence;" the word "shall" is mandatory and not discretionary.
Any word or term not defined herein shall be used with a meaning of
standard usage. Moreover, whenever a term is used in the chapter which
is defined in N.J.S.A. 40:55D-1, et seq., such term is intended to
have the meaning as defined to the contrary in this chapter.
ACCESSORY BUILDING HEIGHT
shall mean in all zones shall be no greater than a maximum
of one story and shall not exceed twelve (12) feet for any accessory
structure that is one hundred (100) square feet or less in area; and
shall not exceed sixteen (16) feet in height for accessory structures
that exceed one hundred (100) square feet in area. The height of accessory
buildings shall be measured from the average grade at the base of
the structure.
ACCESSORY BUILDING OR USE
shall mean a subordinate building or use which is located
on the same lot on which the main building or use is situated and
which is reasonably necessary and incidental to the conduct of the
primary use of such building or use, unless specifically permitted
in other sections of this chapter.
No "accessory building or use" shall be used for a business
use conducted for profit apart from the main building or use. Accessory
building shall be in conformity with the height requirements of the
Borough of Lake Como.
ALTERATIONS
shall mean, 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 moves from one location or position to another.
APARTMENT
shall mean a room or suite of rooms which is designed or
intended to be, or in fact is used as one dwelling unit.
APARTMENT HOUSE
shall mean every building or portion thereof, which contains
three or more dwelling units.
APPLICATION FOR DEVELOPMENT
shall mean the application form and all accompanying documents
required by this chapter for approval of a subdivision plat, site
plan, conditional use, zoning variance or direction of the issuance
of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
AUTOMOBILE GRAVEYARD
shall mean any place where one or more motor vehicles not
in running condition or not properly licensed, or parts thereof are
kept or stored in the open with no intent to restore them to operating
condition.
BASEMENT
shall mean a portion of the building partly underground,
but having less than one-half (1/2) of its clear height below the
average grade of its adjoining ground. No basement shall be used for
sleeping purposes.
BILLBOARD
shall mean any structure or part thereof upon which any kind
of sign or advertising matter is used for outdoor display. This definition
shall not include bulletin boards used for governmental or church
notices, or signs advertising the sale or lease of the premises on
which they are located.
BLOCK
shall mean an area bound by two or more streets, which tend
to divide it from other similar areas.
BLOCK FRONTAGE
shall mean the length of a street between two intersecting
or interrupting streets.
BOARDING OR ROOMING HOUSE
shall mean any building or that part of a building where
rooming units are rented with or without meals to less than 30 lodgers
or less than 15 bedrooms and in which no provisions are made or permitted
for cooking of any description in any bedroom or suite of rooms by
the occupant thereof and in which no collective cooking or community
kitchen is provided or permitted.
BUILDABLE AREA
shall mean the area of a lot remaining after the minimum
applicable yard requirements have been complied with.
BUILDING
shall mean any structure whether or not enclosed wholly or
in part, having a roof supported by columns, piers or walls, including
tents, lunch wagons, vending machines, trailers, dining cars, camp
cars or other structures on wheels, or having other supports or any
unroofed structure, terrace, platform or porch, whether or not enclosed
wholly or in part.
All principal and accessory buildings over one hundred (100)
square feet shall be on a permanent foundation, built in accordance
with the Building Code provisions of the Revised General Ordinances
of the Borough of Lake Como.
Every principal building shall face a public street and shall
be built upon a lot with frontage on a public street which has been
improved in accordance with standards of the Borough, unless relief
has been granted by the Board under the provision of N.J.S.A. 40:55D-36
or as otherwise provided herein.
An accessory building attached to a principal building shall
comply in all respects with the yard requirements of this chapter
for the principal building. Detached accessory buildings shall be
located to the rear of the front building line of the principal building,
and if located in a side yard area shall conform to side yard and
rear yard requirements for accessory buildings.
BUILDING AREA
shall mean the total area expressed in square feet of the
outside dimensions of the principal building plus all accessory buildings.
BUILDING HEIGHT
shall mean the vertical dimension of a building measured
from curb grade at the center point of the street frontage or, in
the absence of a curb, measured from the curb grade closest to the
center point of the street frontage to the highest point of the roof.
Maximum height for flat roofs shall be 30 feet and zero (0) inches
and maximum height for all other roof types shall be thirty-five (35)
feet and zero (0) inches. All buildings shall be a maximum of two
and one-half (2 1/2) stories in height unless otherwise noted.
BUILDING HEIGHT FOR LOTS OF UNDERSIZED WIDTH
shall mean the maximum height for principal buildings on
lots of under-sized width shall be reduced proportionally to the width
of the lot (i.e. if a lot has a width that is twenty (20%) percent
less than the required width, then the maximum building height would
also be reduced by the twenty (20%) percent.
BUILDING LINE
shall mean the line beyond which no part of a building may
be built or project.
CARPORT
shall mean an open structure attached to the main building
enclosed on no more than two sides intended for the sheltering of
motor vehicles and being not more than four hundred (400) square feet
in area.
CELLAR
shall mean a portion of the building partly under-ground,
having one-half (1/2) or more than one-half (1/2) of clear height
below the average grade of the adjoining ground. No cellar shall be
used for sleeping purposes.
CERTIFICATE OF INSPECTION
shall mean a certificate issued by the building inspector
upon the completion of the construction of a new building or alterations
to an existing building, certifying that all requirements of this
chapter and in all other applicable ordinances and requirements have
been complied with.
COMMUNITY BUILDING
shall mean a building for civic, social, educational, cultural
and recreational uses, not operated primarily for monetary gain.
CONDITIONAL USE
shall mean a use permitted 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 this chapter and upon the issuance of an
authorization therefor by the Planning Board. The Planning Board may
impose additional requirements to protect the public health, safety
and welfare that it deems necessary by reason of the location or other
factors related to a particular application. Such requirements shall
be provided for and maintained as a condition of the establishment
of the use and/or any additional increase of the use.
CONSOLIDATION
shall mean a conveyance of land so as to combine existing
lots by deed or other instrument.
CURB GRADE
shall mean the elevation of the street grade as established
by law; referring to a building height, it means the greatest vertical
measurement of the building as computed by the curb grade at the lot
centerline of the lot front.
DRIVEWAY
shall mean the use of land for ingress and egress by vehicles
of any description.
DWELLING
shall mean a building designed for and used exclusively for
residential purposes.
DWELLING, MULTIPLE-FAMILY
shall mean a building designed for or containing three or
more dwelling units. This definition shall not include hotel or motel.
DWELLING, TWO-FAMILY
shall mean a detached building containing not more than two
dwelling units which are entirely separated by horizontal floor or
vertical wall, unpierced, except for access to the outside or to a
common cellar or basement.
DWELLING UNIT
shall mean a unit of a minimum of one room and bath providing
complete living facilities for one family including facilities or
provisions for facilities required in the storage, preparation, serving
and clearing of food.
EFFICIENCY APARTMENTS
shall mean a dwelling unit consisting of one unit and bath
or one and one-half (1 1/2) rooms and bath and in which there
is no separate bedroom and which has a minimum of four hundred fifty
(450) square feet of overall floor space within the defining walls
of the unit without regard to interior partitions, closets or dividers.
ENCLOSED FLOOR AREA
shall mean the total enclosed floor area of a structure:
(1) for residential uses such area shall not include garages, breezeways,
unheated porches and the like; (2) For businesses and commercial uses
such area shall include customer facilities, showcase facilities,
storage and sale facilities. Headroom there shall be at least seven
feet. (See also "building area.")
[Amended 3-1-2022 by Ord. No. 2022-970]
FAMILY
shall mean one or more persons related by blood, adoption
or marriage, living and cooking together as a single housekeeping
unit exclusive of household servants. A number of persons, but not
exceeding two living and cooking together as a single housekeeping
unit though not related by blood, adoption or marriage shall also
be deemed to constitute a family.
The families defined above may also include domestic servants,
companion, housekeeper and occasional non-paying guests. However,
the definition, in either case, shall not include any society, club,
fraternity, sorority, association, lodge, combine, federation, group,
coterie or organization, nor shall it include a group of individuals
whose association is temporary and resort seasonal in character or
nature.
FENCE
shall mean a structure of any material, built, erected or
interposed along any lot line, or within the required yard areas of
any lot or tract of land and shall include gates, walls, trestles
or any frame of wood, iron or other material.
FLOOR AREA RATIO (FAR)
The ratio between the sum of the floor area of each floor
of the principal building and accessory buildings on a lot and the
total area of the lot.
[Added 3-1-2022 by Ord. No. 2022-970]
GARAGE
shall mean a building or part thereof in which a motor vehicle
is stored, kept or repaired. Types of garages include private, public,
carport and automobile service stations as defined elsewhere in this
section.
a.
GARAGE, PRIVATEshall mean a garage as used for the accessory storage of not more than three motor vehicles, and in which no business or industry is conducted or rendered.
b.
GARAGE, PUBLICshall mean a garage used as a business, service or industry connected with motor vehicles either housed or unhoused, except automobile salesrooms conducted exclusively for the exhibition of not more than 10 vehicles.
A garage used for the storage, care or repair of motor vehicles
for profit, including any sale of motor vehicles, fuels or accessories,
or where any such vehicles are kept for hire.
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c.
MOTOR VEHICLE SERVICE STATIONshall mean a use where gasoline stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile repairs and rebuilding. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.
GARDEN APARTMENTS
shall mean a group of architecturally harmonious residential
buildings, not more than two and one-half (2 1/2) stories in
height, constructed on one project site and operated as a single unit.
HALF-STORY
shall mean the uppermost story of a building in which a sloping
roof replaces the exterior wall on at least two sides. Dormers may
be incorporated into the half-story, but, in no case, shall the enclosed
floor area of the half-story (with a headroom height of five feet
or greater) exceed 50% of the enclosed floor area of the story below.
[Amended 3-1-2022 by Ord. No. 2022-970]
HOME OCCUPATION
shall mean an occupation being conducted wholly or in part
from a residence or the residential lot as an accessory use. Such
occupations shall be conducted solely by resident occupants of the
residential building or lot, except that no more than two persons
not a resident of the building may be employed on the premises at
any one time, and provided also that no more than two persons may
report to the building and be dispatched from that location each day,
that no more than nine hundred (900) square feet, or the equivalent
of 25% of the first floor area of the building, whichever is smaller,
shall be used for such purposes; that the minimum area for the residence
shall remain at least as large as that required for residences; that
no display of products shall be visible from the street; that the
residential character of the building shall not be changed; that the
occupation shall be conducted entirely within either the dwelling
or the accessory building, but not both; that no occupational sound
shall be audible outside the building; that no article shall be offered
for sale from the premises; that no machinery or equipment shall be
used which will cause interference with radio and television reception
in the neighboring residences; and that the use does not reduce the
parking or yard requirements of the principal residential use and
does not generate more than 10 vehicle trips per day consistent with
traffic that is normal for a single-family residence.
HOTEL
shall mean a building which (a) contains guest rooms, each
having its only access from a central interior corridor or individual
outside entrance, which are de-signed or intended to be used, let
or hired out for compensation; (b) contains a public lobby or public
registration officer serving the guest rooms; (c) may contain one
or more dining rooms; and (d) has full time, on-site management. This
definition shall also mean and include any motor hotel or motel which
is commonly regarded as a motor hotel or motel, as the case may be,
provided that this definition shall not be construed to include any
building or structure defined as a multiple-dwelling in this chapter,
registered as a multiple-dwelling with the New Jersey Commissioner
of Community Affairs (as required under the Hotel and Multiple-Dwelling
Health and Safety Law, N.J.S.A. 55:13A-1 et seq.) and occupied or
intended to be occupied as such. (See dwelling, multiple-family; and
dwelling unit.)
IMPERVIOUS SURFACE AREA
shall mean and include all principal buildings, accessory
structures, walkways, driveways, patios, decks, etc. which do not
allow for the direct percolation of rain and stormwater. For the purpose
of this chapter, brick paver, loose stone, gravel and unroofed "boardwalk"
type decks which allow for some percolation of stormwater shall be
calculated as only 50% impervious.
INTERESTED PARTY
shall mean in the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this law or whose rights to use, acquire or enjoy
property under this law or under any other law of this State or of
the United States have been denied, violated or infringed by an action
or a failure to act under general 40:55D-1, et seq.
JUNK YARD
shall mean a use consisting of the operating of the business
of buying, selling, storing or processing objects which are unfit
for their intended purpose but which have value only because of the
materials or parts of which they are composed.
KENNEL
shall mean a use wherein dogs, cats or any other type of
domesticated or wild animals are boarded or bred for hire or sale.
LOT
shall mean any parcel of land separated from other parcels
or portions as by a subdivision plat or deed of record, survey map,
or by metes and bounds; except that no portion of a street shall be
included in calculating the lot boundaries or areas.
LOT AREA
shall mean an area of land expressed in square feet which
is determined by the limits of the lines bounding that area.
LOT, CORNER
shall mean a lot at the junction of and abutting two or more
intersecting streets where the interior angle of the intersection
does not exceed one hundred thirty-five (135°) degrees.
a.
On all corner lots, the depth of all yards abutting on streets,
shall not be less than the minimum front yard depth required.
b.
Lot lines of corner lots, that are coexistent with side lines
of abutting lots, shall be considered side lines.
c.
Lot lines of corner lots, that are coexistent with rear lines
of adjoining lots, shall be considered rear lines.
d.
Lot lines of corner lots, that are coexistent with lot lines
of adjoining corner lots, shall be considered side lines.
e.
Paragraphs b, c, and d, notwithstanding, each corner lot must
maintain a rear yard setback for at least one yard area other than
a front yard.
LOT DEPTH
shall mean 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.
LOT FRONTAGE
shall mean the horizontal distance between side lot lines
measured along the street line. The minimum lot frontage shall be
the same as the lot width, except that on curved alignments with an
outside radius of less than five hundred (500') feet, the minimum
distance between the side lot lines measured at the street line shall
be not less than seventy-five (75%) percent of the required minimum
lot width. In the case of a corner lot, either street frontage which
meets the minimum frontage required for that zone may be considered
the lot frontage.
LOT WIDTH
shall mean the shortest horizontal distance between the side
lot lines measured at right angles to its depth. Required lot width
shall be measured at the most forward allowable building line or setback
line.
MANUFACTURING
shall mean a use involving the treatment or processing of
raw products; and the production and assembly of articles, parts,
or finished products from raw or prepared materials by giving them
new forms or qualities.
MERCANTILE ESTABLISHMENT
shall mean any use or accessory use in which goods, wares
or merchandise are offered for sale, or services rendered, on the
premises.
NONCONFORMING BUILDING
shall mean a building which in its design or location upon
a lot does not conform to the regulations of this chapter for the
zone in which it is located.
NONCONFORMING LOT
shall mean a lot of record existing on the date of the adoption
of this chapter which does not have a minimum width, frontage, or
have the rear, front or side yards or contain the minimum area for
the zone in which it is located.
NONCONFORMING USE
shall mean the use of a building or of land that does not
conform to the regulations of this chapter for the zone in which it
is located.
NURSING HOME
shall mean any facility that provides post-recovery care
or terminal care and further, where persons are housed and provided
meals and where nursing care is for hire.
OFFICIAL MAP
shall mean a map adopted in accordance with the Municipal
Land Use Law (Chapter 291 of the Laws of 1975, et seq.) or any prior
act authorizing such adoption. Such map will be deemed to be conclusive
with respect to the location and width of the streets, public parks
and playgrounds and drainage rights-of-way shown thereon.
PARKING AREA, PRIVATE
shall mean an open area, other than street or other public
way, for the same uses as a private garage, where permitted.
PARKING AREA, PUBLIC
shall mean an open area, other than street or other public
way, used for the parking of automobiles and available to the public
whether for a fee, free or an accommodation for clients or customers.
PARKING LOT
shall mean a use or accessory use where motor vehicles are
stored, parked, kept or located in the open with or without charge.
PARKING SPACE
shall mean an off-street space available and accessible for
the parking of a motor vehicle and which is held to be an area nine
(9') feet wide and nineteen (19') feet long, exclusive of passageways
and driveways appurtenant thereto and giving access thereto.
PERFORMANCE GUARANTEE
shall mean any security in accordance with the requirements
of this chapter which may be accepted in lieu of a requirement that
certain improvements be made before the Planning Board approves a
plat, including performance bonds, escrow agreements and other similar
collateral or surety agreements.
PLANNING BOARD
shall mean the Planning Board of the Borough of Lake Como.
PLAT
shall mean the map of a subdivision or site plan and is used
interchangeably in the chapter with "plan".
a.
SKETCH PLATshall mean the sketch map of a subdivision of sufficient accuracy to be used for the purposes of discussion and classification and meeting the requirements of this chapter.
b.
PRELIMINARY PLATshall mean the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of this chapter.
c.
FINAL PLATshall mean a final map of all or a portion of the subdivision or site plan which is presented to the Planning Board for final approval in accordance with these regulations.
PORCH, OPEN
shall mean a roofed piazza, porch or porte cochere which
projects beyond the main wall of a building and which does not encroach
upon any open space required by this chapter.
PORCH, OPEN FRONT
shall mean covered one-story unenclosed porch which projects into the front yard setback area in accordance with subsection
17-9.1d, under NOTE, and conforms to the following requirements: (a) The finished floor elevation of the porch is no greater than four feet above the average grade elevation at the perimeter of the porch; (b) No "open front porch" shall be enclosed with any material other than screen mesh, nor shall there be any construction between the roof and an "open" safety railing, except for columns, posts or girders necessary to support the roof. The safety railing shall not exceed thirty-eight (38) inches in height above the open porch floor and shall present no more than a minimal (50% maximum) obstruction to view.
PRINCIPAL BUILDING
shall mean a building or buildings in which is conducted
the main or principal use of the lot on which the building is situated.
PUBLIC PURPOSE USES
shall mean the use of land or buildings by the Governing
Body of the Borough of Lake Como or any officially created authority
or agency thereof.
RESTAURANT
shall mean any retail food establishment (as defined in Chapter
12 of the New Jersey State Sanitary Code), however designated, at which food is sold primarily for consumption on the premises. However, no transactions may be made on the street or sidewalk.
RESTAURANT, DRIVE-IN OR TAKE-OUT
shall mean any retail food establishment (as defined in Chapter
12 of the New Jersey State Sanitary Code) such as a restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption at counters, stools or bars outside the building or primarily for consumption in automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building. However, no transactions may be made on the street or sidewalk.
RESUBDIVISION
shall mean (1) 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 (2) 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.
SETBACK LINE
shall mean a line within any lot, marking the limits of a
required yard space, parallel to the property line between which no
building or portion thereof may be erected except as provided in this
chapter. Every part of a required yard shall be open and unobstructed
from its lowest level to the sky, except for the ordinary projection
of sills, belt courses, chimneys, vents, flues, buttresses, ornamental
features and eaves, provided, however, that none of the aforesaid
projections shall extend into any yard more than eighteen (18) inches.
But, in no case shall a yard area be reduced in size to less than
2.8 (2'10") feet at any point lower than eight (8) feet above grade
except for mechanical vents.
SIGN
shall mean any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others.
SITE PLAN REVIEW
shall mean the examination of the specific development plans
for a lot. Wherever the term "site plan approval" is used in this
chapter, it shall be understood to mean a requirement that the site
plan be reviewed and approved by the Borough.
STORY
shall mean that part of a building between the surface of
any floor and the next floor above it. A "split level" story shall
be considered a second story if its floor level is six (6) feet or
more above the level of the line of the finished floor below it, except
a cellar.
STREET
shall mean any street, avenue, boulevard, road, lane, 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 general 40:55D-1 et seq.; 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.
SUBDIVIDER
shall mean any individual, firm, association, syndicate,
copartnership, corporation, trust or any other legal entity commencing
proceedings under this chapter to effect a subdivision of land hereunder
for himself or another with the written consent of the owner according
to the provisions of this chapter.
SUBDIVISION
shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
(1) divisions of property by testamentary or intestate provisions;
(2) divisions of property upon court order; and (3) conveyances so
as to combine existing lots by deed and other instrument. The term
"subdivision" shall also include the term "resubdivision."
a.
MINOR SUBDIVISIONshall mean any subdivision of land fronting on an existing street that does not involve: (1) the creation of more than three lots (two new lots and the remaining parcel); (2) planned development; (3) any new street; and (4) the extension of any off-tract improvement.
Any readjustment of lot lines resulting in no additional lots
shall be classified as a minor subdivision.
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SWIMMING POOL, PORTABLE
shall not be subject to the requirements of Section
17-10 and shall mean those pools which are otherwise not permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface of one hundred (100) square feet; do not exceed eighteen (18") inches in depth; and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIAL
shall mean and include artificially constructed pools, whether
located above or below the ground, having a depth of more than eighteen
(18") inches and/or a water surface of one hundred (100) square feet
or more; designed and maintained for swimming purposes by an individual
for use by members of his household and guests and which is located
on a lot as an accessory use to a detached dwelling and shall include
all buildings, structures, equipment and appurtenances thereto.
SWIMMING POOL, PUBLIC
shall be defined as any pool other than a private residential
swimming pool designed to be used collectively by persons for swimming
and bathing purposes, including pools designed as part of any hotel
or motel use or apartment or townhouse development.
TOWNHOUSE COMPLEX
shall mean an integrated scheme of townhouse dwelling structures
and common tracts and facilities.
TOWNHOUSE DWELLING UNIT
shall mean one of a series of single-family dwelling units
which may be attached by a common wall between it and the adjacent
units together with individual rear or front yard designed as an integral
part of each unit, and having been constructed in conformity with
an approved site and design plan.
TRAILER, CAMPER OR MOBILE HOME
are divided into the following definitions:
a.
MOBILE HOMEshall mean a vehicle with or without motor power, over thirty (30') feet in length or over eight (8') feet in width, designed to be used as living and sleeping quarters, or as an office, or place of business. Mobile homes are prohibited and forbidden in any zone in the Borough of Lake Como.
b.
Recreational equipment and vehicles, limited to thirty (30')
feet in length and eight (8') feet in width, in the following categories:
(1) a "travel trailer" is 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; (2) a "pickup camper" is a structure designed
primarily to be mounted on a pickup or truck chassis and with sufficient
equipment to render it suitable for use as a temporary dwelling for
travel, recreational and vacation use; (3) a "motorized home" is a
portable dwelling designed and constructed as an integral part of
a self-propelled vehicle; (4) a "folding tent trailer" is a folding
structure, mounted on wheels and designed for travel and vacation
use. No vehicle described in this section shall be used for living
purposes.
USE
shall mean the specific purpose for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
YARD, FRONT
shall mean the required open space 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 the lot. The depth
of the front yard shall be measured at right angles to the front lot
line.
YARD, REAR
shall mean the required open space extending the full width
of the lot and lying between the rear line of the lot and the nearest
line of any principal building on the lot. The depth of the rear yard
shall be measured at right angles to the rear lot line.
YARD, SIDE
shall mean the required open space between the side line
of the lot and the nearest line to the building and extending to the
front yard line, to the rear yard line, or in the absence of either
such yards, to the street or rear lot lines, as the case may be. The
width of a side yard shall be measured at right angles to the side
line of the lot.
[Ord. No. 90-535; Ord. No. 90-538; Ord. No.
2009-832; Ord. No. 2011-855]
The boundaries of these zoning districts are established on
the map entitled "Zoning Map of the Borough of Lake Como, Monmouth
County, New Jersey" dated November 12, 2010, which amends the zoning
map dated July 21, 2009, prepared by Birdsall Engineering, Inc., accompanied
by Ordinance No. 2009-832, and is hereby made part of this chapter
and will also be made part of the Master Plan of the Borough of Lake
Como. The map may be found on file in the Borough offices.
[Ord. No. 90-535]
All parking areas and walkways thereto and appurtenant passageways
and driveways serving commercial public, office, industrial, apartment
or other similar uses having common off-street parking and/or loading
areas and building complexes requiring area lighting shall be adequately
illuminated for security and safety purposes. The lighting plan in
and around the parking areas shall provide for nonglare, color corrected
lights focused downward. The light intensity provided at ground level
shall be a minimum of three-tenths (3/10) foot candle anywhere in
the area to be illuminated, shall average a minimum of five-tenths
(5/10) foot candle over the entire area and shall be provided by fixtures
with a mounting height not more than twenty-five (25') feet or the
height of the building, whichever is less, measured from the ground
level to the centerline of the light source, spaced a distance not
to exceed five (5) times the mounting height. Any other outdoor lighting,
such as building and sidewalk illumination, driveways with no adjacent
parking, the lighting of signs and ornamental lighting, shall be shown
on the lighting plan in sufficient detail to allow determination of
the effects to adjacent properties, traffic safety and overhead sky
glow. The objective of these specifications is to minimize undesirable
off-premises effects. No light shall shine directly into windows or
onto streets and driveways in such manner as to interfere with or
distract driver vision. To achieve these requirements, the intensity
of such light sources, the light shielding and similar characteristics
shall be subject to site plan approval by the board.
[Ord. No. 90-535]
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted; or any building, structure or land is
used in violation of or contrary to the provision of this chapter,
the Borough may institute an action to enjoin or any appropriate action
or proceeding to prevent such erection, construction, reconstruction,
alteration, conversion or use.