A.
For the purpose of this chapter, definitions or words used in this
chapter shall have the same meanings as the definitions of said words
in the Municipal Land Use Law, unless the context clearly indicates
a different meaning.
B.
Word Usage. All words used in the present tense include the future
tense; all words in the plural include the singular and all words
in the singular include the plural, unless the natural construction
of the wording indicates otherwise. Unless otherwise specified, all
distances shall be measured horizontally. The word "structure" includes
the word "building"; the word "lot" includes the word "plot"; the
word "used" shall be deemed also to include "occupied"; the term "erected"
shall be deemed also to include "constructed," "structurally altered,"
"enlarged" or "moved"; and the word "shall" is mandatory and not discretionary.
"And" includes all items; "or" and "either" require a choice between
two alternatives. The word "Borough" means the "Borough of Highlands,
Monmouth County, State of New Jersey." The terms "Mayor and Council,"
"Board of Adjustment," "Planning Board" and "Zoning Officer" mean
the respective Boards and officers of said Borough. The term "Board"
shall refer to either the Planning Board or the Zoning Board of Adjustment.
The word "person" shall be deemed to include "persons, corporations
or partnerships," where appropriate.
Any word or phrase used in this chapter which is not defined in Section 21-8 below or in the Municipal Land Use Law shall have the common dictionary meaning most appropriate to the context in which it is used.
[Ord. No. O-04-01; Ord. No. O-07-06 § 2; Ord. No. O-09-33; Ord.
No. O-10-10; Ord. No. O-12-10 § 1; Ord. No. O-13-02; Ord. No. O-13-5 § 1; Ord. No. O-13-18; Ord.
No. O-2017-01]
The term applied to a building, structure or use which is
clearly incidental or subordinate to the principal building or use
and generally located on the same lot with such principal building
or use. Any accessory building attached to a principal building is
deemed to be a part of such principal building in applying the bulk
regulations to such accessory building.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an extension
or increase in floor area by extending a side or by increasing in
height, or the moving from one location or position to another or
any change, addition or modification in the construction or arrangement
of a site.
The Board Secretary of the Borough of Highlands. In the Secretary's
absence, the Zoning Officer shall serve.
An establishment consisting of, including, or having the
characteristics of any or all of the following:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
ADULT CABARET(1) An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; (2) a cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.
ADULT MOTION PICTURE THEATERAn enclosed building of any sitting capacity used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
Housing subject to the regulations of the New Jersey Council
on Affordable Housing.
A developer submitting an application for development or
for a permit required in accordance with this chapter.
The application form and all accompanying documents required
by ordinance 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.
A facility which is licensed and meets the provisions in
the publication entitled "Standards for Licensure of Assisted Living
Residences and Comprehensive Personal Care Homes" by the NJ Department
of Health and Senior Services and provides apartment style housing
and congregate dining with supportive services to adult persons unrelated
to the proprietor. In determining maximum building density for zoning
compliance, assisted living facilities shall be governed by a floor
area ratio (FAR) and not dwelling unit density.
A story partly underground, but having at least one-half
(1/2) of its clear height, measured from floor to ceiling, above the
average level of the adjoining finished grade.
Short term, overnight accommodations provided to transients
for compensation, including a morning meal, in a dwelling unit managed
by the resident owner/operator. A B&B shall not have more than
ten (10) guest units.
A unit of land bounded by streets or by a combination of
streets and public land, railroad right-of-way, waterways or any other
barrier to the continuity of development.
The Planning Board or Board of Adjustment of the Borough
of Highlands.
Any dwelling in which more than four (4) persons, either
individually or as families, are housed or lodged for hire with or
without meals. A rooming house or a furnished room house shall be
deemed a "boardinghouse."
Land dry storage of watercraft in a multi-tiered permanent
or semi-permanent structure. Boat storage racks shall be considered
as principal structures and conditional uses.
Any waterfront facility where docking accommodations and/or
land-dry-storage accommodations for any watercraft, such as power
boats, sailboats, row boats or jetskis, are offered on a rental basis
and where facilities for the building, rebuilding and general repair
of boats and marine equipment are provided. A boatyard shall be deemed
to include such auxiliary and accessory services as gasoline sales
and rental business activities, related to the primary use.
A landscaped area containing vegetation, fences, walls, landforms
and such designed to separate and screen different types of uses.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind and
which is permanently affixed to the land, not including house trailers
or recreational vehicles.
The aggregate areas of the outside dimensions of the principal
building and all accessory buildings, measured on a horizontal plane,
including such architectural features as bay windows and roof overhangs,
but exclusive of unroofed porches or steps.
That percentage of the plot or lot area covered by the building
area. See also Lot Coverage.
The vertical distance as measured from the grade plane to
the average height of the highest roof surface. In the case of sloped
roofs, the average height is the mid-point between the lowest roof
eave of the top floor and the roof ridge. In the case of a building
that has multiple roof levels, the highest roof levels must be used
to determine the building height. Chimney, elevator equipment and
mechanical utility equipment and any associated screening or enclosures
may exceed the permitted "building height" by up to ten (10) feet,
or up to ten (10%) percent above the permitted building height, whichever
is less. (Please refer to illustration, Appendix B.[1]
A building in which the principal use or uses are conducted.
The term used to describe the volume of buildings and other
structures and their relationship to each other and to open spaces
and lot lines, including the size (height and floor area) of buildings
and structures; the area of the lot on which the building is located
and the number of units or square footage in relation to the area
of the lot; the shape of the buildings and structures; the location
of exterior walls in relation to lot lines, to other exterior walls
and windows of the same and other buildings, and to open areas.
A retaining wall or partition, used to separate land from
water, created along a body of water, behind which fill is placed.
A cluster of small detached dwelling units originally designed
for summer occupancy only, located on property held in common ownership.
A story partly or wholly underground and having more than
one-half (1/2) of its clear height measured from floor to ceiling
below the average level of the adjoining finished grade or having
less than four (4) feet of its clear height above the average level
of the adjoining finished grade.
The use of a building or land which is substantially different
from the previous use and/or which has a greater effect on parking,
drainage, circulation, or building arrangements than the previous
use.
A building or premises used for the care of children, for
which a license is required from the Department of Human Services
pursuant to P.L. 1983, c. 492(N.J.S.A. 30:5B-1 et seq.). Does not
include family day care homes.
A not-for-profit organization catering exclusively to members
and their guests, or premises and buildings for social, recreational
or athletic purposes, which are not for profit.
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than fifteen (15) developmentally disabled or mentally ill persons,
who require assistance, temporarily or permanently, in order to live
in the community, and shall include, but not be limited to: group
homes, half-way houses, intermediate care facilities, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health care facility within the meaning of the "Health Care Facilities
Planning Act" (P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the
case of such a community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services. As used in this chapter, "developmentally
disabled person" means a person who is developmentally disabled as
defined in section 2 of P.L. 1977, c.448 (N.J.S.A. 30:11B-2), and
"mentally ill person" means a person who is afflicted with a mental
illness as defined in R.S. 30:4-23, but shall not include a person
who has been committed after having been found not guilty of a criminal
offense by reason of insanity or having been found unfit to be tried
on a criminal charge.
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under the supervision as required, to not more than fifteen
(15) terminally ill persons.
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to more than
fifteen (15) persons with head injuries, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to: group homes, half-way houses, intermediate
care facilities, supervised apartment living arrangements, and hostels.
Such residences shall not be considered a health care facility within
the meaning of the "Health Care Facilities Planning Act" (P.L. 1971,
c. 136; C.26:2H-1 et seq.).
Any shelter approved for a purchase of a service contract
and certified pursuant to standards and procedures established by
regulation of the Department of Human Services pursuant to P.L. 1979,
c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical
care, legal assistance, personal guidance, and other services to not
more than fifteen (15) persons who have been victims of domestic violence,
including any children of such victims, who temporarily require shelter
and assistance to protect their physical and psychological welfare.
The person appointed pursuant to that section of the Code
of the Borough of Highlands, New Jersey, establishing a State Uniform
Construction Code enforcing agency.
An age-restricted development regulated in accordance with
the rules of the New Jersey Department of Community Affairs pursuant
to N.J.A.C. 5:19-1.1 et seq. that provides a continuum of accommodations
and care, from independent living to long-term bed care, and enters
into contracts to provide lifelong care in exchange for the payment
of monthly fees and an entrance fee in excess of one (1) year of monthly
fees. This type of development is also referred to as a "life-care
center."
A horizontal platform, either freestanding or extending from
the side of a building, or structure, used for outside recreation
space, and uncovered to the sky.
The permitted number of dwelling units per gross acre of
land to be developed.
A man-made or natural water collection facility designed
to collect surface and subsurface water in order to impede its flow
and to release the same gradually at a rate not greater than that
prior to the development of the property, into natural or man-made
outlets.
A pier or wharf on a protected basin or other waterway serving
as a general landing area for watercraft.
The removal of surface water or groundwater from land by
drains, grading or other means, including the control of runoff during
and after construction or development. The purposes of the drainage
system are to minimize erosion and sedimentation, to assure the adequacy
of existing and proposed culverts and bridges, to induce water recharge
into the ground where practical, to lessen non-point pollution, to
maintain the integrity of stream channels for their biological functions,
to preserve water supply sources and to prevent or alleviate flooding.
Any component of the drainage system.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:1 et seq.
Natural and man-made components that contain, convey, absorb,
store, treat, or dispose of surface water runoff or groundwater.
A building or portion thereof containing three (3) or more
dwelling units.
A building designed or used exclusively for occupancy by
one (1) family, and includes one-family detached dwelling, community
residences for the developmentally disabled, and community shelters
for victims of domestic violence.
A one-family dwelling attached to two (2) or more one-family
dwellings by common vertical walls.
A building designed or used exclusively for occupancy by
two (2) families.
Any structure or portion thereof which is designed for or
used for residential purposes as a self-sufficient unit by one (1)
family or other special association of persons.
A right granted, but not dedicated, for the limited and defined
use of private land for a public or quasi-public purpose and within
which the owner of the property is restricted by the terms of the
easement.
Restaurants and other retail establishments selling food
and drink for consumption on the premises, including lunch counters
and refreshment stands selling prepared foods and drinks for immediate
consumption on site.
An addition to the floor area of an existing building or
the addition to the size of any other structure or the expansion of
the use of the site.
Underground gas, electrical, telephone, telegraph, water
transmission or distribution systems, including mains, drains, sewers,
pipes, conduits and cables; and including normal aboveground appurtenances,
such as fire alarm boxes, police call boxes, light standards, poles,
traffic signals, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate service by public utilities or municipal or other governmental
agencies or for the public health or safety or general welfare.
One (1) or more persons living together as a single nonprofit
housekeeping unit whose relationship is of a permanent and domestic
character, not including boarding or rooming houses, halfway houses,
fraternities, sororities, clubs or other, transient living arrangements.
A private residence of a family day care provider, which
is registered as a family day care home pursuant to the "Family Day
Care Provider Registration Act P.L. 1987 c.27 (N.J.S.A. 30:5B-16 et
seq.)."
Any artificially constructed barrier of wood, masonry, stone,
wire, plastic, metal or any other manufactured material or combination
of these materials, erected to enclose, screen, or separate areas.
The official action of the Board taken on a preliminary approved
major subdivision or site plan after all conditions, engineering plans
and other requirements have been completed or fulfilled and the required
improvements have been installed or guarantees properly posted for
their completion, or approval conditioned upon the posting of such
guarantees.
The final map of all or a portion of the site plan or subdivision
which is presented to the Board for final approval in accordance with
the provisions of this chapter, and which if approved shall be filed
with the proper County office.
That portion of the flood hazard area outside the floodway.
Land, and the space above that land, which lies below the
flood hazard area design flood elevation. Structures, fill and vegetation
that are situated on land that lies below the flood hazard area design
flood elevation are described as being "in" or "within" the flood
hazard area. The inner portion of the flood hazard area is called
the floodway and the outer portion of the flood hazard area is called
the flood fringe. There are two (2) types of flood hazard areas:
Tidal flood hazard area, in which the flood hazard area design
flood elevation is governed by tidal flooding from the Atlantic Ocean.
Flooding in a tidal flood hazard area may be contributed to or influenced
by stormwater runoff from inland areas, but the depth of flooding
generated by the tidal rise and fall of the Atlantic Ocean is greater
than flooding from any fluvial sources; and
Fluvial flood hazard area, in which the flood hazard area design
flood elevation is governed by stormwater runoff. Flooding in a fluvial
flood hazard area may be contributed to or influenced by elevated
water levels generated by the tidal rise and fall of the Atlantic
Ocean, but the depth of flooding generated by stormwater runoff is
greater than flooding from the Atlantic Ocean.
The peak water surface elevation that will occur in a water
during the flood hazard area design flood.
A map prepared by the Department of Environmental Protection
and Energy showing the channel, floodway and flood fringe area, or,
in the event such map has not been prepared, maps showing the flood
hazard area.
The greatest flood in a given area for which accurate records
are available, or the flood hazard area, whichever is greater.
That area encompassing the floodway and flood hazard area
of every watercourse designated on the flood maps and contiguous areas
defined as the high water elevation established by the New Jersey
Department of Environmental Protection and Energy.
Measures applied to a building that are intended to prevent
or provide resistance to displacement, buoyancy and damage from flooding
up to a certain elevation, so as to eliminate or reduce potential
flood damage to the building and its contents. There are two (2) types
of floodproofing:
Wet floodproofing, which are measures that allow floodwaters
to enter a building, and thereby balance hydrostatic pressure on the
structure during a flood. Wet floodproofing generally includes using
flood-resistant materials, protecting mechanical and utility equipment,
and using openings or breakaway walls; and
Dry floodproofing, which are measures that prevent floodwaters
from entering a building. Dry floodproofing generally includes making
the building watertight through sealing openings, installing waterproof
doors and windows, or sealing walls with waterproof coatings, impermeable
membranes and/or a supplementary layer of masonry or concrete.
Land, and the space above that land, which lies within the
inner portion of the flood hazard area, and which is mathematically
determined to be required to carry and discharge floodwaters resulting
from the 100-year flood under certain conditions. The floodway always
includes the channel and often includes land adjacent to the channel.
The floodway is normally characterized by faster and deeper flows
than the flood fringe, which is the portion of the flood hazard area
outside the floodway. The "floodway" shall be delineated by the Department
of Environmental Protection and Energy at N.J.A.C. 7:13-3.2.
The sum of the gross horizontal areas of the several floors
of a building or buildings and its accessory building(s) on the same
lot, including the area of roofed porches. All dimensions shall be
measured from the outside face of exterior walls or to the centerline
of common walls.
The floor area of all buildings on a lot, divided by the
area of such lot.
The land area covered by the foundation and any appurtenances
of any building or structure, excluding roof overhangs.
An enclosed space for the storage of one (1) or more motor
vehicles, provided that no business occupation or service is conducted
for profit therein.
A garage other than a private customer or employee garage
or a private residential garage, used primarily for the parking and
storage of vehicles and available to the general public.
Any building or premises in which a business or service involving
the maintenance, servicing, repair or painting of vehicles is conducted.
The final elevation of the ground level after development.
Shall be defined as follows:
Areas Located Outside the Flood Hazard Area: A reference plane
representing the average of the finished ground level adjoining the
building at all exterior walls. Finished grade shall be preconstruction
grade on level sites and not in excess of two (2) feet above the preconstruction
grade on the upland side(s) of a structure on sloping sites.
Areas or Portions of the Building Area of a Lot Located Within
the Flood Hazard Area: The reference plane shall be the more restrictive
of the base flood elevation or advisory base flood elevation of the
flood hazard area plus one (1) foot.
A room or set of rooms designed to accommodate a single rental
group and to be rented to such group for a short term, not to exceed
ninety (90) days.
An establishment that provides facilities for aerobic exercises,
running and jogging, exercise equipment, game courts, swimming facilities,
and saunas, showers, massage rooms, and lockers. This use will include
athletic clubs.
Private membership, limited size, health or exercise establishments
which do not offer comprehensive athletic facilities, nor contain
a competitive sports area. This use will be modest in size and offer
small or individualized fitness and may have a restricted number and
type of exercise equipment.
One (1) or more historic sites and intervening or surrounding
property significantly affecting, or affected by, the quality and
character of the historic site or sites.
Any real property, man-made structure, natural object, or
configuration, or any portion or group of the foregoing of historical,
archaeological, cultural, scenic, or architectural significance.
An occupation for gain or support conducted by members of
a family residing in the dwelling, as a customary, incidental and
accessory use and meeting the conditions for a home occupation, including
a home professional office.
An office within a residential dwelling for use only by family
members, restricted to those activities which employ no non-family
employees, require no visitation of client or customer, have no products
stored or available for sale on premises, and do not alter the appearance
and character of the residential use.
An office within a residential dwelling conducted by members
of the family residing in the dwelling, requiring client or customer
visitation, and meeting the conditions for a home occupation.
A facility offering accommodations to the general public
for limited tenure lodging and which may include additional facilities
and services, such as restaurants, meeting rooms and personal services.
The hotel facility shall include a public lobby or guest registration
area. A dining room area for guests and/or general public may be provided.
The hotel facility shall have full-time on-site management. Limited
tenure shall mean occupancy of fourteen (14) days or less. In addition
occupancy of no more than fourteen (14) days of any period of thirty
(30) successive days.
See Mobile Home.
A lot that has not been created in conformance with the requirements
of law and this chapter.
A structure, the size, dimension or location of which was
unlawful prior to the adoption of this or a previous ordinance, and
which still fails to comply with the requirements of the zone district
in which it is located.
Any use of land, buildings or structures which was unlawful
prior to the adoption of this or a previous ordinance, which still
does not comply with the regulations of this chapter.
Any surface which does not allow, or only minimally allows,
the penetration of water.
Subordinate and minor in significance and bearing a reasonable
relationship to the primary use.
An establishment providing sleeping accommodations and limited
meal service to transients, with incidental additional services such
as meeting rooms or entertainment.
The number of dwelling units per acre for residential development
and floor area ratio (FAR) for nonresidential development.
Any area, lot, land, building or structure used for the storage,
collection, processing, purchase, sale, salvage, or disposal of junk.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
Such space must have clear means of ingress and egress to a public
street at all times.
An institution or a distinct part of an institution that
is licensed or approved by the New Jersey Department of Health pursuant
to N.J.A.C. 8:33-1 et seq. to provide health care under medical supervision
for twenty-four (24) or more consecutive hours to two (2) or more
patients who are not related to the owner or operator or its members
by marriage, blood or adoption. These facilities are also referred
to as nursing homes, extended care centers and skilled nursing facilities.
A designated parcel, tract or area of land, established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The total area included within the lot lines, excluding roads
and road rights-of-way and open bodies of water. Where the property
line extends to the center of a street or the street right-of-way
width has not been established, the area of the lot shall exclude
any planned or proposed right-of-way shown on either a subdivision
map or an official map, or a distance from the centerline consistent
with the right-of-way provided throughout the block in which the lot
is located.
A lot abutting two (2) or more streets at their intersection.
Corner lots shall have front yards along every abutting street. The
remaining yards shall be considered side yards, except when a nonresidential
lot abuts a residential district. In this case, the yard abutting
the residential district shall be considered a rear yard.
That percentage of the plot or lot area covered by impervious surface, inclusive of driveway areas containing asphalt and/or concrete surfaces, but exclusive of gravel areas as well as terraces and decks in conformance with subsection 21-65.27.
The mean horizontal distance between the front and rear lot
lines. In the case of a corner lot, the lot depth shall be the mean
distance between the front and side lot lines.
The horizontal distance measured along the full length of
the front lot line.
A lot that fronts on two (2) parallel streets or that fronts
on two (2) streets that do not intersect at the boundaries of the
lot.
The straight-line distance between points on opposite side
lot lines measured at the front yard setback line. In the case of
a corner lot, the lot width shall be the mean distance between the
front and site lot lines.
 |
A boundary line of a lot.
That boundary of a lot which is along an existing or dedicated
public street or, where no public street exists, is along a public
way.
That boundary of a lot which is most distant from and is
most nearly parallel to the front lot line.
Any boundary of a lot which is not a front lot line or a
rear lot line.
Any security which may be accepted by the Borough for the
maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq.
and this chapter.
Any waterfront facility providing permanent or semi-permanent
docking accommodations for five (5) or more watercraft, including
auxiliary and accessory services such as sale of marine fuels and
boating supplies, temporary boat storage, minor repair, marine septic
disposal or pumpout facilities and public restrooms. A marina may
also include such accessory uses as hotels, motels, restaurants, retail
store and shops and other related uses.
A composite of the mapped and written proposals recommending
the physical development of the Borough which shall have been duly
adopted by the Planning Board.
Two (2) or more different uses, one of which is residential.
A house trailer that is used as a permanent home and having
the following characteristics:
Designed for long-term occupancy and containing sleeping accommodations,
a flush toilet, tub or shower and kitchen facilities with plumbing
and electrical connections provided for attachment to outside systems.
Consisting of one (1) or two (2) sections which are constructed
off site, built on a permanent chassis, and arriving on the site where
it is to be occupied as a dwelling complete, including major appliances,
ready for occupancy except for minor and incidental unpacking and
assembly operations, location on foundation supports, connection to
utilities and the like.
"Mobile home" shall specifically include "trailer coach" as defined in Section 12-1 et seq. of the General Ordinances of the Borough of Highlands.
A tract of land containing mobile home sites equipped for
the installation of mobile homes, where these sites are under common
management and are leased to the owner of a mobile home for the installation
thereof and where the management provides services, including but
not limited to:
The minimum area required for the placement of a single mobile
home within a mobile home park.
A permanent dwelling unit that has the following characteristics:
An establishment providing sleeping accommodations with a
majority of the guest units having direct access to the outside, which
may also provide additional services such as restaurants and recreational
facilities.
Any building, area or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels, the servicing
and repair of automobiles, and as an accessory use, the sale and installation
of lubricants, tires, batteries and similar vehicle accessories, provided,
however, that all service and repairs take place within a building.
A use, generally a principal use of land, to which the buildings
on the lot, if any, are accessory, such as marine storage or other
open storage yard for materials or equipment and on which the buildings,
if any, may be used:
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter,[2] but which fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter,[3] but which fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
Any use of land, buildings or structures which was lawful
prior to the adoption, revision or amendment of this, or a previous
ordinance, but which does not now comply with all of the regulations
of this chapter governing use for the zoning district in which such
use is located.
See Child Care Center.
Any structure licensed by the State of New Jersey to operate
as a "nursing home."
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
A storage area for a motor vehicle that is directly accessible
to an access aisle and that is not located within a dedicated street
right-of-way.
Not located on the property which is the subject of a development
application or contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space: provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Open space land with or related to a development, designed
and intended for the use and enjoyment of the residents and owners
of the development.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Board or other approving
body approves a plat, including performance bonds, escrow agreements
and other similar collateral or surety agreements.
A person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functioning which causes partial or
total disability.
The map of a subdivision or site plan.
A roofed open area, which may be screened, usually attached
to or part of and with direct access to and from a building.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48, and 40:55D-49 prior to final approval after specific elements
of a development have been agreed upon by the Board and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale, and relationship to its site and immediate environs.
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13, except communication towers,
land fills, public garages and bus depots.
A vehicular-type portable structure without permanent foundation
that can be towed, hauled, or driven and primarily designed as a temporary
living accommodation for recreation, camping, and travel use, including
but not limited to travel trailers, truck campers, camping trailers,
and self-propelled motor homes.
Residences licensed by the New Jersey Department of Health
pursuant to N.J.A.C. 5:70-1 et seq. usually occupied by the frail
elderly that provide rooms, meals, personal care and supervised health
care to four (4) or more persons who are unrelated to the owner or
administrator. Residents of RHCF's do not require skilled nursing
care.
An establishment where food and drink are prepared, served
and consumed primarily within the principal building or on an attached
or adjacent deck or porch.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant portion of
the consumption takes place or is designed to take place outside the
confines of the building, and where ordering and pickup of food may
take place from an automobile.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
A structure that is designed and constructed to stabilize
two (2) generally horizontal surfaces which are vertically displaced.
The relationship of a particular project or development in
terms of size, height, bulk, intensity, and aesthetics to its surroundings.
A building or buildings containing one (1) or more dwelling
units restricted by deed or other instrument or occupancy of each
dwelling unit by a person or persons in any one (1) of the following
categories, unless otherwise covered by Federal regulations:
Up to two (2) individuals, both of whom are fifty-five (55)
years of age or older.
A man and wife, either one of whom is fifty-five (55) years
of age or older.
A single person over eighteen (18) but under age fifty-five
(55) living with either of the above when the presence of said person
is essential to the physical care or economic support of either of
the above.
A line parallel to a lot line at the required minimum distance
from any lot line and that establishes the area within which structures
may be erected or placed.
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The point at which the plane of mean high water intersects
with the upland slope.
The length of clear sight at an intersection that a motorist
has to view conflicting traffic prior to entering or leaving that
intersection.
An area at the intersection of two (2) or more roads 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 that intersection.
Any announcement, device, demonstration, display, illustration
or insignia used to identify, promote or advertise the commercial
interests of any person, business, company, corporation, service,
product or event when the same is painted or printed directly on the
building or is placed on, erected on or attached to the building or
is placed or erected on the lot containing the building, where it
may be viewed from off-site.
SIGN, AWNING, CANOPY OR MARQUEEA sign that is mounted, painted or attached to an awning, canopy or marquee that is otherwise permitted.
SIGN, FLAG OR BANNERA sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material and designed or intended for temporary or seasonal display.
SIGN, FREESTANDING GROUNDA freestanding sign located on or in close proximity to the ground, not to exceed a height of six (6) feet.
SIGN, ILLUMINATED:
INTERNALLY LIGHTED SIGNAny sign whose sole source of artificial illumination is contained within the display portion of the sign.
EXTERNALLY LIGHTED SIGNAny sign whose sole source of artificial illumination is not contained within the display portion of the sign.
SIGN, NAMEPLATEA sign, giving the name or address, or both, of the owner or occupant of a building or premises.
SIGN, OFF-PREMISESA sign which advertises a business which is not conducted or a product which is not sold on the lot where the sign is located.
SIGN, SPECIALSigns allowed by the Neighborhood Preservation Program guidelines, or successor, such as posted menus, plaques and chalk boards.
SIGN, POLITICALA temporary sign announcing or supporting political candidates or issues in connection with any national, State or local election.
SIGN, PORTABLE, SANDWICHA sign that is not permanently affixed to a building, structure, or the ground, and which is only displayed during business hours.
SIGN, PROJECTINGA sign mounted by bracket(s) to a building, which extends from the building, generally perpendicular, more than twelve (12) inches.
SIGN, ROOFA sign that is mounted on the roof of a building, the height of which does not exceed the top ridge line.
SIGN, TEMPORARYAny sign displaying information regarding a special offer of products, services, or information for a limited period of time.
SIGN, WALLA sign fastened to or painted on the wall of a building or structure so that the wall becomes the supporting structure for, or forms the background of, the sign, including both applied letters and painted letters.
SIGN, WINDOWA sign applied directly to the glass of windows or doors.
A development plan of one (1) or more lots on which is shown
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways.
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting and
screening devices.
Any other information that may be reasonably required in order
to make an informed determination pursuant to this chapter.
Any site plan not classified as a minor site plan.
A development plan involving an increase in floor area of
less than ten (10%) percent of the existing building and/or five (5)
or fewer new parking spaces, which does not involve planned development,
any new street, or extension of any off-tract improvement the installation
cost of which is prorated pursuant to N.J.S.A. 40:55D-42 and which
contains the information reasonably required to make an informed decision
on the application.
The sketch map of a development of sufficient accuracy to
be used for the purpose of discussion and classification and meeting
the requirements of this chapter.
Unstable areas of very steep slope with tendency for vertical
separation and collapse.
Slopes greater than twenty (20%) percent, to be developed
in accordance with subsection 21-65.21.
The point at a street intersection, either painted on the
pavement or at the extension of the curbline or edge of pavement of
the intersecting street, at which a vehicle stops before proceeding
through the intersection.
The control of stormwater to minimize the detrimental effects
of surface water runoff.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it and including those basements used for the principal
use. The first story or floor shall be the story or level that has
the lowest grade and proximity to the pre-existing site grade.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing State, County or Borough roadway,
or a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action, or a street or way 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, sidewalks, parking areas and other areas
within the street lines. For the purpose of this chapter, "streets"
shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets.
MINOR STREETSThose which are used primarily for access to the abutting properties.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
CUL DE SACSAny street having only one point of ingress/egress, the length of which is measured from that single access point to its furthest extreme end.
Constructed, aboveground objects, such as outdoor seating,
kiosks, bus shelters, sculptures, tree girds, trash receptacles, fountains,
newspaper vending machines, mailboxes, and telephone booths, that
enliven and give variety to streets, sidewalks, plazas, and other
outdoor spaces used by the public.
A boundary line of a dedicated street; a lot line coinciding
with such line.
Altered by any change in or addition to the supporting members
of a structure.
Any combination of materials forming any construction for
use, occupancy or ornamentation whether installed on, above or below
the surface of land or water.
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 subdivision
within the meaning of this act, if no new streets are created:
Divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five (5) acres or larger
in size.
Divisions of property by testamentary or intestate provisions.
Division of property upon court order including, but not limited
to, judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
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 to conform to the requirements of the development
regulations contained in this chapter for frontage on an improved
street, zoning district regulations, and for design standards and
improvement specifications. Any lots, tracts or parcels of land that
are shown and designated as separate lots, tracts or parcels of land
on the official tax map of the Borough which are owned by the same
person or persons but which individually do not conform to the zoning
district regulations and/or which do not meet the required frontage
on an improved street shall be treated under this chapter as a single
parcel of land no portion of which may be conveyed without subdivision
approval as prescribed by this chapter. The term "subdivision" shall
also include the term "resubdivision."
All subdivisions not classified as minor subdivision.
Any subdivision containing not more than three (3) lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the
development of the remainder of the parcel or adjoining property and
not in conflict with any provision or portion of the Master Plan,
Official Map, Zoning or other provisions of this chapter.
The costs of repairs equaling fifty (50%) percent or more
of the market value of the structure as determined by the Flood Plan
Administrator.
A structure without any foundation or footings, which is
removed when the designated time period, activity or use for which
the temporary structure was erected has ceased, including construction
trailers.
A temporary structure used in conjunction with construction
activity on a site, which shall be removed prior to the issuance of
a Certificate of Occupancy for any use of the site.
See Mobile Home.
A recreational vehicle, travel trailer, camper or other transportable,
temporary dwelling unit, designed and constructed for travel and recreational
purposes. See also Recreational Vehicle.
The specified purpose for which land or a building is designed,
arranged or intended, or for which it is or may be occupied or maintained.
A grant of relief from the requirements of this chapter that
permits construction in a manner that would otherwise be prohibited
by this chapter. Applications for relief from the requirements of
this chapter shall not be required for repair or reconstruction of
a building, including nonconforming buildings, provided that building
was damaged between October 29, 2012 and October 31, 2012, and the
reconstruction and/or repair arises out of the damage occurring between
October 29, 2012 and October 31, 2012. A nonconforming building may
only be repaired or rehabilitated to the same size on the same footprint,
provided however, that the structure may be modified to conform with
the requirements of Part 7, Flood Regulations. Notwithstanding the
foregoing, ingress and egress stairs, ramps and landings shall provide
a three (3) foot setback from any side or rear property line.
Any tower or monopole and related equipment that is constructed
for the express purpose of sending and receiving wireless communications
and is operated under the regulations of the Federal Communications
Commission or the Telecommunications Act of 1996. Same shall be considered
a principal structure and use when independent towers and equipment
storage units are being proposed. The attachment of wireless antennae
and equipment to existing principal structures shall be considered
an accessory use.
An open space that lies between a principal building or buildings
or nonbuilding use and the nearest lot line. The minimum required
yard as set forth in this chapter shall be unoccupied and unobstructed
from the ground upward except as specifically provided by this chapter.
(See figure under Setback Line.)
A yard 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
between the front line of the building and the street line. Covered
porches, whether enclosed or unenclosed, shall be considered as part
of the main building and shall not project into a required front yard.
A yard extending the full width of the lot and situated between
the rear line of the building and the rear line of the lot.
A yard situated between the building and the side line of
the lot extending from the front yard to the rear yard.
An area designated by the Zoning and Land Use Regulations
of the Borough which covers a portion of, or all of, one or more underlying
zone districts.
Within a zone overlay area, development is subject to the
control of certain additional uniform regulations and requirements
which supplement or supersede the underlying zone requirements.
As appointed by the Council of the Borough of Highlands.
