Definitions. For the purposes of this chapter, certain phrases and
words are herein defined as follows:
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith. Any
building or structure that is attached to the principal building shall
be considered to be a part of the principal structure and shall comply
in all respects with the requirements applicable to the principal
building. For the purpose of this chapter, detached garages, sheds,
"garage apartments" and "cottages/bungalows" are deemed accessory
buildings.
ADMINISTRATIVE OFFICER
Borough Administrator of the Borough of Avon-by-the-Sea,
Monmouth County, New Jersey.
[Amended 3-9-2020 by Ord. No. 1-2020]
APPLICATION FOR DEVELOPMENT
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-36. The term "Development Application" shall mean
the same as "Application for Development".
BASEMENT
A story having more than fifty (50%) percent of its clear
height below the average finished contact grade along the outside
walls of the building.
BILLBOARD
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes other than that on a
building or its grounds, giving the name and occupation of the user
of the premises, the nature of the business conducted therein or the
products primarily sold or manufactured therein. Multimedia and digital
billboards and signs are prohibited in the Borough of Avon-by-the-Sea.
[Amended 3-9-2020 by Ord.
No. 1-2020]
BOARDWALK
An elevated public right-of-way located along the beach or
ocean front constructed of wooded boards and/or concrete and supported
by wooden or concrete piles used for the purpose of pedestrian traffic
to promenade along the beach front and as access to amusement piers,
stores and commercial establishments and such other public and semi-public
buildings. The definition of "boardwalk" shall also include all appurtenant
access ramps and stairs.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
BUILDING HEIGHT
The vertical distance measured to the highest point of the
roof of a structure from the crown of the road directly opposite the
center of the front lot line. In all cases where this chapter provides
for height limitations by reference to a specified height and a specified
number of stories, the intent is to limit height to the specified
maximum footage and the specified number of stories be within said
footage. In the event that a building or structure is located within
twenty (20) feet of a lane, the height of the building or structure
shall be measured from the higher of the highest point on the crown
of the lane directly opposite the rear of the site or the crown of
the road directly opposite the center of the front lot line.
CARPORT
A temporary or permanent roofed structure, either free standing
or attached to another structure or building, that is not fully enclosed
by solid walls and/or doors, and is utilized for the purpose of storing
or parking vehicles, boats or materials. For the purpose of this definition,
cloth or plastic sheeting shall not be considered a solid wall.
COAH
New Jersey's Council on Affordable Housing
CONDITIONAL USE
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
therefore by the Planning Board.
COTTAGE/BUNGALOW
A one (1) story, detached dwelling, used for occupancy located
on a lot that is also occupied by a larger principal residential structure.
A "cottage/bungalow" shall be an accessory to the principal dwelling
on the residential lot.
DECK, IMPERVIOUS
An impervious platform that is attached to or part of the
principal structure. Impervious decks shall be considered part of
the lot coverage, building.
[Amended 5-9-11 by Ord. No. 6-2011]
DECK, PERVIOUS
A pervious, unroofed platform, either freestanding or attached
to a building, that is supported by wood framing, pillars, posts or
sleepers at grade. Pervious decks shall not be permitted to be included
as part of the minimum 50% pervious surface requirement. Pervious
decks shall be considered part of the 50% impervious lot coverage.
[Added 5-9-11 by Ord. No. 6-2011; amended 3-9-2020 by Ord. No. 1-2020]
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land for which a building permit or development application approval
is required.
DRIVEWAY
An area consisting of a paved or compacted stone surface
for the purpose of providing vehicular access to off-street parking
spaces or, in the case of a single-family or two-family residential
use, also providing required off-street parking.
DWELLING
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one (1) family. The dwelling
unit shall be self-contained and shall not require the use of outside
stairs, common hallways, passing through another dwelling or other
indirect route(s) to get to any portion of the dwelling unit, nor
shall there be shared facilities with another dwelling.
DWELLING, DETACHED
A dwelling that is located in a building physically detached
from other buildings or portions of buildings, which is occupied or
intended to be occupied solely for residential purposes by one (1)
family and which has its own sleeping, sanitary, kitchen and general
living facilities.
FAMILY
The term "family" as included in the term single family and
as may be used elsewhere in this chapter shall mean one or more persons,
limited in number under the applicable housing code provisions, whether
related by blood, marriage, or adoption, or unrelated, occupying a
premises and living as a single nonprofit bona fide housekeeping unit.
This definition shall not include any society, club, fraternity, sorority,
association, lodge, organization or similar group, nor shall it include
any group of persons whose use or occupancy of any dwelling is or
is intended to be temporary. As utilized herein bona fide housekeeping
unit shall mean a relationship between persons for maintaining a common
household in a style generically characterized by a stability, permanency
and functionality which in all respects, and to all outward appearances,
presents a picture very much akin to that of a traditional family.
FENCE
A structure of wood, iron or other building materials, which
may or may not include a gate, erected or interposed in, on or upon
any lot line or any lot or tract of land.
[Amended 3-9-2020 by Ord.
No. 1-2020]
FENCE, ORGANIC
Any arrangement of three or more hedges, bushes, shrubs,
trees or other living plantings arranged in a manner that forms a
fence-like or visual barrier.
[Added 3-9-2020 by Ord.
No. 1-2020]
FIRST FLOOR AREA
The residential portion of a dwelling unit, excluding basements,
garages, carports, porches and breezeways, measured by using the outside
dimensions of the residential portion of the building. For a split-level,
bi-level or tri-level dwelling, the area shall be considered to be
the sum of the areas of two (2) adjoining levels, excluding basements
and garages, provided both levels are connected by permanent, built-in
stairs in the interior of the building.
GARAGE APARTMENT
An accessory dwelling unit located on the second floor of
a private garage. All garage apartments shall have a minimum of one
(1) direct access from the exterior of the garage structure.
GARAGE, RESIDENTIAL
A building or portion of a building, which is fully enclosed,
located on a lot of which the principal use is residential, which
is utilized for the primary purpose of storage of motor vehicles and
for the secondary purpose of the storage of household items and belongings.
The storage area above a garage shall be nonhabitable and provide
no more than six feet of standing room from the top of the floor framing
to the roof framing/collar ties at the underside of the roof.
[Amended 3-9-2020 by Ord.
No. 1-2020]
GARDEN APARTMENT
A building, in which there are 4 or more dwelling units,
where the entirety of each dwelling unit is located on one (1) floor.
The dwelling units may be owned or individually rented. If owned individually,
the structure, common areas and facilities shall be owned by all the
owners on a proportional, undivided basis.
GROSS FLOOR AREA
The area measured by using the outside dimension of the building,
excluding the area of a garage, attic, open porch or patio. Only those
floor areas that have a ceiling height of seven and one-half (7 1/2)
feet or more and those areas used for storage in non-residential uses
shall be included in the gross floor area.
HEDGE
A continuous row of shrubs forming a substantial visual barrier.
HOTEL
A building which contains transient guest rooms, each having
its only access from a central interior corridor or individual outside
entrance, which are designed or intended to be used, let or hired
out for compensation; contains a public lobby or public registration
office serving the guest rooms; may contain one (1) or more dining
rooms; and 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, or bed and breakfast,
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.
IMPERVIOUS SURFACE
Any surface or compacted material that is substantially resistant to infiltration by water. For the purposes of this chapter, the following shall be considered impervious surfaces: swimming pools, parking spaces, driveways, patios, sidewalks, and walkways - regardless of surface material. Products being marketed as pervious pavement, pervious pavers, or similar, crushed shells and gravel/crushed stone or similar surfaces shall be considered impervious for the purposes of this chapter. Exception: stone planting beds that are part of a landscaped area and are not used as part of yard area or foot traffic shall be considered pervious for the purpose of this chapter. A minimum area of three feet by the width of the door/stair shall be considered "impervious surface" regardless of material and shall be provided at every door-to-exterior-grade or stair-to-exterior-grade location. Exception: Air-conditioning units and emergency generators compliant with §
113-11C(10) shall not be required to be included in impervious surface calculations.
[Amended 3-9-2020 by Ord.
No. 1-2020]
INTERESTED PARTY
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 N.J.S.A. 40:55D-1 et seq.
LANE
A public right-of-way providing access to the rear of lots,
which also have frontage on a public street. For the purpose of this
chapter with regard to zoning criteria such as lot frontage, front
yard setbacks, tree and hedge height and similar criteria a lane shall
not be considered to be a street.
LOADING SPACE
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading with fifteen (15) feet vertical clearance.
LOT
Any parcel of land separated from other parcels of portions
as by a subdivision plat or deed of record, survey map, or by metes
and bounds except that no portion of a public street shall be included
in calculating the lot boundaries or areas.
LOT AREA
The area contained within the lot lines of a lot not including
any portion of a street or lane right-of-way. For those properties
located on tidal waterways, lot area shall include only that portion
of the lot that is located above the mean high water line.
LOT CORNER
A lot on the junction of any abutting two (2) or more intersecting
streets, or the intersection of a street and river or lake.
LOT COVERAGE, BUILDING
The square footage or other area measurement by which all
buildings occupy a lot, expressed as a percentage of total lot area.
Building area shall be measured on a horizontal plane around the periphery
of the foundations of the building and shall also include: the area
under the roof of any structure supported by columns but not having
walls, as measured around the outside of the outermost extremities
of the roof above the columns, and sheds or similar structures. Patios,
decks, driveways, uncovered steps or walks shall not be included.
Included in the building coverage shall be the area under floor cantilevers
that extend beyond the periphery of the foundation and whose purpose
is increased living space. For the purpose of this definition, total
lot area shall exclude any portion of any lot that is located below
Mean High Water Line. The terms "building coverage" and "lot coverage"
shall mean lot coverage, building.
LOT COVERAGE, IMPERVIOUS
The proportion of the lot area, excluding any lot area below
Mean High Water Line, expressed as a percent, that is covered by the
maximum plan area of all impervious surfaces, patios, and buildings,
including accessory buildings. The term "impervious coverage" shall
mean lot coverage, impervious.
LOT DEPTH
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
LOT FRONTAGE
The horizontal distance between lot lines measured along
the street line. The minimum lot frontage shall be the same as the
lot width, except that on the outside of 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 not be
less than seventy-five (75%) percent of the required minimum lot width.
In the case of a lot with multiple street frontages, each street frontage
shall meet the minimum frontage required for that zone.
LOT LINE
Any line forming a portion of the exterior boundary of a
lot. A street line shall be considered a lot line for that portion
of a lot abutting a street.
LOT LINE, REAR
Any lot line perpendicular to the width of the lot and not
along a street, except for the purposes of this chapter, any lot line
along a lane shall be considered a rear lot line.
LOT WIDTH
The straight and horizontal distance between side lot lines
measured at points where the minimum required building setback line
intersects each side lot line. The lesser frontage of a corner lot
shall be its width.
MAINTENANCE GUARANTEE
Any security acceptable to the Governing Body to assure the maintenance of duly approved improvements installed by the developer after final acceptance of the improvement and in accordance with Article
X of this chapter.
MLUL
The New Jersey Municipal Land Use Law.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter but fails
to conform to the requirements of the zoning district in which it
is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of a Zoning Ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
OFFICIAL MAP
A map adopted in accordance with the Municipal Land Use Law
(N.J.S.A. 40:55D-1 et seq.) or any prior act authorizing such adoption.
Such map shall 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 SPACE
An area of not less than nine (9) feet wide by eighteen (18)
feet in length, either within a structure or in the open, for the
parking of motor vehicles, exclusive of driveways, access drives,
fire lanes and public rights-of-way, except that nothing shall prohibit
private driveways for detached dwelling units from being considered
off-street parking areas provided that no portion of such private
driveway within the right-of-way line of the street intersected by
such driveway shall be considered off-street parking space. The area
is intended to be sufficient to accommodate the exterior extremities
of the vehicles, whether in addition thereto wheel blocks are installed
within this area to prevent the bumper from overhanging one end of
the parking space. The width and length of each space shall be measured
perpendicular to each other regardless of the angle of the parking
space to the access aisle or driveway.
PATIO
A horizontal structure consisting of concrete, gravel, wood,
brick, or other similar material, the surface of which is situated
on compacted soil or fill material. A driveway as defined in this
chapter shall not be considered a patio. All patios shall be considered
impervious surfaces for the purposes of calculating impervious coverage.
PERFORMANCE GUARANTEE
Any security in accordance with the requirements of Article
X 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.
PERGOLA
See Trellis.
[Added 5-9-11 by Ord. No. 6-2011]
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PIER
A structure extending into water for use as a landing place
or promenade.
PLANNING BOARD
Shall mean and include the nine member Planning Board as
established pursuant to N.J.S.A. 40:55D-25 and shall exercise, to
the same extent and subject to the same restrictions, all the powers
of a Board of Adjustment, but the Class I and Class III members shall
not participate in the consideration of applications for development
which involve relief pursuant to N.J.S.A. 40:55D-70, resulting in
a seven member board. The Planning Board shall mean and include all
references to the Planning Board, Joint Land Use Board and Zoning
Board of Adjustment as used in this chapter.
PLAT
Means the map of a subdivision or site plan and is used interchangeably
in the chapter with "Plan"
(1)
SKETCH PLATThe sketch map of a subdivision of sufficient accuracy to be used for the purposes of discussion and classification and meeting the requirements of §
113-38.1 of this chapter.
(2)
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision or site plan that is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of §
113-38 of this chapter.
(3)
FINAL PLATThe final map of all or a portion of the subdivision or site plan that is presented to the Planning Board for final approval in accordance with these regulations.
PORCH
A roofed entrance, piazza, or portico not more than one story
in height. A front porch may project beyond the main building into
the required front yard area no more than 10 feet as measured to the
outer extremity of the porch roof above. A front "porch" shall not
be enclosed permanently or temporarily with any type of material,
nor shall there be any construction between the roof and the floor
of the porch except for columns or posts necessary for the support
of the roof or an open safety railing which shall present no more
than a minimal obstruction to view; provided, however, that an open
wire mesh removable screening may be permitted during the spring and
summer months. Porches shall be considered part of the principal building
for the purpose of calculating building coverage.
[Amended 3-9-2020 by Ord.
No. 1-2020]
PRINCIPAL USE
The main purpose for which a lot or building is used.
PUBLIC PURPOSE USES
The use of land or buildings by the Governing Body of the
Borough or any officially created authority or agency thereof.
RESTAURANT, DRIVE-IN OR TAKE-OUT
Any establishment where food is served, which may or may
not have tables, but which is essentially designed to dispense quick,
ready-made food of limited variety. The patron obtains food directly
from the dispensing counter for consumption on or off premises. The
term "fast food restaurant" shall include drive-in/drive thru restaurant.
RESTAURANT, SIT DOWN
An establishment where food is sold on premises to seated
patrons who are served by waiters or waitresses. Restaurants may serve
"take-out" orders as an accessory use only.
RESUBDIVISION
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, 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
A line drawn parallel with a street line or lot line and
drawn through the point of a building nearest to the street line or
lot line. The term "required setback" means a line that is established
a minimum horizontal distance from the street line or the lot line
and beyond which a building or part of a building is not permitted
to extend toward the street line lot line.
SHED
An accessory structure utilized for the purpose of storage
of household items and belongings, but not for the purpose of storage
of automobiles.
SHRUB
A plant that has a mature height of less than twenty-five
(25) feet.
SIDEWALK
A paved surface located within a public right-of-way, utilized
for the primary purpose of facilitating pedestrian traffic.
SIGHT TRIANGLE
A triangular-shaped portion of land established at intersections
of streets in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection. Plants located
within the lines of sight triangles shall not exceed a height of 30
inches at maturity.
[Added 3-9-2020 by Ord.
No. 1-2020]
(1)
Main thoroughfares: a line connecting the two points 25 feet
from the street-side edge of the curb of each intersecting street.
(2)
Lanes: a line connecting the two points 20 feet from the curb
of the intersecting street and along the edge of the lane as measured
along the property line.
SIGN
Any building, structure or portion thereof on which any announcement,
declaration, demonstration, display, illustration or insignia used
to advertise or promote the interest of any person or product when
the same is placed in view of the general public. Multimedia and digital
signs are prohibited in the Borough of Avon-by-the-Sea.
[Amended 3-9-2020 by Ord.
No. 1-2020]
SITE PLAN REVIEW
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 municipality.
STORY
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. For the purpose of this chapter, the interior of the
roof shall be considered a ceiling.
[Amended 5-9-11 by Ord. No. 6-2011]
STORY ABOVE GRADE
Any story having less than fifty (50%) percent of its clear
height below the average finished contact grade along the outside
walls of the building.
STORY, HALF
The area under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two (2) feet above the surface of the floor of such a story and any
dormers are sized so that at least forty (40%) percent of the total
floor area of the half story contains a ceiling height five (5) feet
or less. Floor plans submitted for living space in attic areas shall
be provided with a line delineating the extents of the floor area
with a height equal to or greater than five (5) feet. Further, the
plans shall include the ratio of attic floor space containing a ceiling
height equal to or greater than five (5) feet divided by the full
floor space of the story below.
[Added 5-9-11 by Ord. No. 6-2011]
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which: is an existing state, county or municipal roadway;
or which is shown upon a plat heretofore approved pursuant to law;
or which is approved by official action as provided by N.J.S.A. 40:55D-1,
et seq.; or 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.
For the purpose of this chapter, a lane shall not be considered to
be a street.
STREET LINE
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot. In the case of a lot abutting a body of water, the term
"street line" shall also include the property line adjacent to said
body of water.
STRUCTURE
Anything constructed, assembled or erected which requires
location on the ground or attachment to something having such location
on the ground, including buildings, fences, tanks, towers, signs,
advertising devices, swimming pools, tennis courts, decks and patios.
SUBDIVISION
The division of a lot, tract or parcel of land into two (2)
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:
divisions of property upon court order; consolidation of existing
lots by deed or other recorded instrument; and the conveyance of one
(1) or more adjoining lots, tracts, or parcels of land owned by the
same person or persons and all of which are found and certified by
the administrative officer to conform to the requirements of the municipal
development regulations and are shown and designated as separate lots,
tracts or parcels on the tax map of the Borough. The term "subdivision"
shall also include the term "resubdivision".
(1)
MINOR SUBDIVISIONAny subdivision of land fronting on an existing street that does not involve one of the following: the creation of more than three (3) lots (two [2] new lots and the remaining parcel); a planned development, as defined by the New Jersey Municipal Land Use Law; any new street; or the extension of any off-tract improvement.
Any readjustment of lot lines resulting in no new lot(s) shall
be classified as a "minor subdivision."
|
SWIMMING POOL, PORTABLE
Portable pools shall not be subject to the requirements of Article
V and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface area of one hundred (100) square feet; have a depth of less than eighteen (18) inches; and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIAL
Private residential swimming pools 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 and bathing 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.
TOWER
Any above ground structure, whether free standing or attached
to another structure or building, higher than the permitted height
of a principal building in a zone, utilized for the purpose of transmitting
or receiving electronic signals, or for the storage of liquids.
TOWNHOUSE
A dwelling in a line of three (3) or more connected dwellings.
Each dwelling may have no more than two and one half (2 1/2)
stories and may not be constructed one dwelling unit over the other.
TREE
A plant with a mature height of twenty-five (25) feet or
greater.
TRELLIS
A structure consisting of pillars that support cross beams
and open lattice that forms an open, horizontal or pitched roof structure
for the purpose of supporting vegetation or providing shade. A trellis,
pergola or similar style structure shall be considered a solid roofed
structure for the purpose of this chapter, and shall be included in
the lot coverage, building. A trellis shall not be permitted in a
front yard.
[Added 5-9-11 by Ord. No. 6-2011]
WALKWAY
A constructed surface that is not located in the public right-of-way
that is utilized for the primary purpose of facilitating pedestrian
traffic.
WALL, FREESTANDING
A structure constructed of masonry, concrete, brick, stone,
wood or similar material that acts like a fence; the portion of a
retaining wall that extends above grade. A freestanding wall shall
be governed by the same regulations as a fence. A freestanding wall
shall be included in lot coverage, impervious if the wall structure
contains a width exceeding six (6) inches. A freestanding wall that
is part of a landscaped garden and does not exceed twelve (12) inches
in height from original grade shall not be governed by the same regulations
as a fence; this shall include garden walls that retain an artificial
change in grade for the purpose of a landscaped garden.
[Added 5-9-11 by Ord. No. 6-2011]
WALL, RETAINING
A structure constructed of masonry, concrete, brick, stone,
wood or similar material provided to retain a natural vertical change
in grade. If any portion of the wall extends more than six (6) inches
above the higher grade, this portion of the wall shall be considered
a freestanding wall. A retaining wall shall not be considered a fence.
Retaining walls shall be permitted in all zones to a maximum height
of three feet six (3' 6") inches.
[Added 5-9-11 by Ord. No. 6-2011]
YARD, FRONT
An open space extending across the full width of the lot
and lying between the front lot line, and the closest point of any
building on the lot. The depth of the front yard shall be measured
horizontally and at right angles to either a straight front lot line
or the tangent lines of curved front lot lines. The minimum required
front yard shall be the same as the required setback, and shall be
required on all yards facing streets, rivers or lakes except as otherwise
permitted in this chapter.
YARD, REAR
An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the principal
building on the lot. The depth of the rear yard shall be measured
horizontally and at right angles to either a straight rear lot line
or the tangent of curved rear lot lines. The minimum required rear
yard shall be the same as the required rear setback.
YARD, SIDE
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required side yard
shall be measured horizontally and at right angles to either a straight
side line or the tangent lines of curved side lot lines.