The term "such as", where used herein, shall be considered as introducing
a typical or illustrative rather than an entirely exclusive designation
of permitted or prohibited uses, activities, establishments or structures.
As used in this chapter, the following words, terms and phrases shall
have the meaning indicated:
ABANDONMENT
The deliberate relinquishment of property or a cessation
of the use of a property, by the owner with the intention neither
of transferring rights to the property to another owner nor of resuming
the use of the property.
ABUT
To physically touch or border upon; or to share a common
property line but not overlap. See Adjoining Lot or Land; Contiguous.
ACCESSORY USE, STRUCTURE OR BUILDING
A use, structure or building that is customarily incidental
and subordinate to that of the principal and on the same lot. No accessory
use shall form the basis for a claim of right to a principal or main
use.
ACCESSORY STRUCTURE, TEMPORARY
A building the use of which is incidental to that of the
main building and which is located on the same lot or adjoining lot
under the same ownership and shall include but not be limited to tents
and canopies used for promotions, religious, educational, church,
charity, political and social events, Sukkoth, greenhouses, etc. as
defined and permitted under New Jersey State Uniform Construction
Code and local zoning ordinances.
ACTIVE RECREATION
Recreational activities which require physical participation
including but not limited to sports such as soccer, baseball, softball,
tennis, basketball, field hockey, football, lacrosse and street hockey;
and facilities including but not limited to playground equipment of
all types.
ACUTE CARE FACILITY
A facility providing nursing care to sick, invalid, infirm,
disabled or convalescent persons in addition to lodging and board
or health-related service, or any combination of the foregoing.
ADDITION
As applied to a building or structure shall mean an enlargement
of the original structure by an extension of any side and the original
foundation, or by increasing the height. An addition must be served
by the same mutual main entrance and be served by the electric, water
and sewer of the original building.
ADJOINING LOT OR LAND
A lot or parcel of land that shares all or part of a common
lot line with another lot or parcel of land. See Abut; Contiguous.
ADMINISTRATIVE OFFICER
The Clerk of Lakewood Township, or any other municipal official
designated by ordinance.
ADULT
Persons over the age of 18.
ADVERSE EFFECT
Conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe or unsatisfactory conditions on
a subdivided property, property subject to development or off tract
property such as, but not limited to; improper circulation and drainage
rights of way inadequate drainage facilities; insufficient street
widths; unsuitable street grades; unsuitable street locations to accommodate
prospective traffic or coordinate and compose a convenient system;
locating lots in a manner not adaptable for the intended purposes
without danger to health or peril from flood, fire, erosion or other
menace; and, providing for lots of insufficient size and neither providing
nor making future allowance for access to the interior portion of
the lot or for other facilities required by this chapter.
AFFORDABLE
A dwelling unit for which a household pays, with regard to
a sale unit, not more than 28% of the eligible gross monthly income
for mortgage payments, property taxes, insurance, and condominium
or homeowners' association fees, if any, and with regard to a rental
unit, not more than 30% of eligible gross monthly income for all shelter
costs including utilities.
AFFORDABLE HOUSING PLAN
The document required to be submitted to and approved by
the Planning Board on an application for inclusionary development.
The plan should include, at a minimum, the number of low- and/or moderate-income
units within the development, their location within the development
and their phasing within the development and their adherence to all
appropriate regulations of Lakewood Township and the Council On Affordable
Housing.
AFFORDABLE UNIT
A housing unit in the Township, the sales or rental of which
is established in accordance with this chapter and which shall be
occupied by a low- or moderate-income household in accordance with
this chapter.
AGENT
One or more persons designated to represent the applicant
before either the Planning Board or Zoning Board.
AIRPORT
Any area of land or water, or both, designed and set aside
for the landing and taking off of fixed and rotary wing aircraft,
utilized or to be utilized by the general public for such purposes,
publicly or privately owned, and licensed by the Commissioner of Transportation
as a public use airport or landing strip.
ALLEY
A public or private street primarily designed to serve as
secondary access to the side or rear of the properties whose principal
frontage is on some other street.
ALTERATION
As applied to a building or a structure shall be a change
or rearrangement of the original rooms, facilities, or exterior changes
of the original building or structure, which does not increase the
footprint of the structure. No Board approval shall be required for
any alteration which does not entail a change of use.
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
APPLICANT
Any person or entity submitting an application for any permit or approval pursuant to Article
VI. An applicant shall be required to have a legal or equitable ownership interest in the property, this includes a contract purchaser, which is the subject of the application.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision, plan, site plan, planned development, conditional use, zoning variance, permit to build in a mapped area or for a structure not related to a street, or any other use or approval permitted under Article
VI.
APPROVING AUTHORITY
The Planning Board, Zoning Board or Governing Body of the
municipality, unless a different agency is designated by ordinance,
when acting pursuant to the authority of this chapter.
ASSISTED LIVING UNIT (ALU)
A dwelling unit varying in square feet from 200 to 500 square
feet that provides a residential living environment assisted by congregate
meals, housekeeping and personal services, for persons 55 years of
age or older, who have temporary or periodic difficulties with one
or more essential activities of daily living, such as feeding, bathing,
dressing or mobility. ALU's shall be located in a facility that may
include accessory uses including dining rooms, bathing areas, common
areas, offices and other space necessary to provide above services.
The definition of ALU shall include any partially assisted and fully
assisted living units.
ATTIC
The unfinished space between the ceiling assembly and the
roof assembly.
[Ord. No. 2017-27 § 1]
ATTIC, HABITABLE
An attic that has a stairway as a means of access and egress,
and in which the ceiling area at a height of seven feet above the
attic floor is not more than 1/3 the area of the next floor below.
[Ord. No. 2017-27 § 1]
AUTOMOBILE REPAIR SERVICES
General repair, rebuilding, or reconditioning of engines,
motor vehicles, or trailers, including bodywork, welding, painting
service and upholstering service.
AUTOMOBILE TRAILER, MOBILE HOME, TRAILER COACH OR TRAILER
Any vehicle or structure designed and constructed in such
manner as will permit occupancy thereof as sleeping quarters for one
or more persons or the conduct of any business or profession, occupation
or trade (or use as a selling or advertising device), and designed
that it is or may be mounted on wheels and used as a conveyance on
highways or streets, propelled or drawn by its own or other motive
power, excepting devices used exclusively upon stationary rails or
tracks.
AWNING
A roof-like cover that projects from the wall of a building
for the purpose of shielding an entrance, walkway, doorway or window
from the elements. For purposes of determining if setback requirements
are met, setbacks are measured from the end of the awning. Retractable
awnings are exempt from the setback requirements.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
BASEMENT
That portion of a building that is partly or completely below
grade. A basement may contain bedrooms if it is constructed in accordance
with the requirements of all applicable construction codes.
BASKETBALL COURTS
An accessory use to a residential home, not to be installed
closer than five feet to the side and rear property lines, not permitted
within the front yard setback. Lighting must conform to Township requirements
and be properly shielded so as not to disturb adjacent properties.
Electrical permits must be obtained for any proposed lighting. Approval
is required from the Township Engineer if substantial grading changes
are proposed, otherwise no permit is required. If the basketball court
does not meet the above requirements, Board approval is required.
[Ord. No. 2015-42]
BEDROOM
A private room planned and intended for sleeping, separable
from other rooms by a door, and accessible to a bathroom without crossing
another bedroom.
BICYCLE PATH
Means bikeway physically separated from motorized vehicular
traffic by an open space or barrier, and either within the highway
right-of-way or within an independent right-of-way or easement.
BIKEWAY
Means any road, path, or way in some manner is specifically
designated as being open to bicycle travel, regardless of whether
such facilities are designated for the exclusive use of bicycles or
are to be shared with other transportation modes.
BLOCK
An area bounded by streets.
BOARD
For the purpose of this chapter the term Board shall mean
both the Planning Board and Zoning Board of Adjustment.
BUFFER
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of trees, shrubs
or other landscaping and/or berms, designed to continuously limit
the view or control other impacts of the site from adjacent site,
properties or roadways.
BUFFER LANDSCAPING
Landscaping, including permitted fencing, placed within designated
buffers.
BUILDABLE AREA
The central portion of any lot lying inward from all required
setback lines.
BUILDING
Any structure having a roof supported by columns, piers or
walls including trailers permitted by ordinance not including a deck.
BUILDING AREA
The area covered by a building and defined by the intersection
of a horizontal plane at average grade level and the vertical planes
which coincide with the exterior surfaces of the building. In case
of a section of a building which is cantilevered, the exterior surface
of the most projected area is used to determine the area. This area
does not include steps.
BUILDING COVERAGE
The ratio of the horizontal area, measured from the exterior
surface of the exterior walls of the ground floor, excluding decks
and porches of all principal and accessory buildings on a lot to the
total lot area.
BUILDING HEIGHT
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the roof deck, to the deckline of a mansard roof and to the
average height between the plate and ridge of a gable, hip or gambrel
roof.
BUILDING INSPECTOR
The individual designated by the appointing authority to
enforce the provisions of the building code. Also referred to as the
construction official.
BUILDING LINE
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building or a deck, the vertical place will coincide with the
most projected surface. All yard requirements are measured to the
building line.
BUILDING SEPARATION
The distance between two buildings measured from the face
of the outer walls. Minor architectural features such as chimneys,
roofs, overhangs, decks and window bays shall not be considered the
face of a building, provided that such features do not extend more
than six feet into the minimum building separation area (measured
from the face of the foundation wall). Overhangs and window bays shall
not be considered the face of a building, provided that such features
do not extend more than 30 inches into the minimum building separation
area (measured from the face of the foundation wall).
BUSINESS, RETAIL
An establishment with the set purpose of selling commodities
or goods in typically to the public.
BUSINESS, WHOLESALE
An establishment with the set purpose of selling commodities
or goods in large quantities typically for resale.
CARTWAY
That area of a street within which vehicles are permitted,
including travel lanes and parking areas but not including, curbs,
sidewalks or swales.
CERTIFICATE OF OCCUPANCY
A document issued by a governmental authority allowing the
occupancy or use of a building and certifying that the structure or
use has been constructed and will be used in compliance with all the
applicable municipal codes and ordinances.
CHURCH OR ANY HOUSE OF WORSHIP
A building or group of buildings including customary accessory
buildings, parish houses, mikvah and Sunday school buildings designed
or intended for public worship, or religious services. For the purpose
of this chapter, the words "Church, or any house of worship" shall
include chapels, synagogues, cathedrals, temples and similar designations
as well as parish houses, and such accessory uses.
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
CLEAR SIGHT DISTANCE
A line of unobstructed vision from a point three and three
quarters (3 3/4) feet above the center line of a street to a
point six inches above the same center line.
CLEAR SIGHT TRIANGLE
A triangular area at a street intersection with another street,
alley, or driveway where vision from an automobile is unobstructed,
formed by the intersecting street lines and a line drawn between points
on the street center lines located a required distance in feet from
the intersection of the center lines.
CLUSTER OR CLUSTERING
Cluster or clustering refers to a more compact form of development that would otherwise not be permitted under conventional zoning standards. Under the clustering provision, traditional bulk and area requirements are relaxed to allow a concentration of dwelling units on a portion of the site while preserving undeveloped space elsewhere on the site as long as the density of dwelling units number of dwelling units constructed is not increased from what would have otherwise been permitted on the site. All Cluster Development shall be designed in accordance with §
18-904.
COMMERCIAL BILLBOARD
An advertising sign, structure or symbol erected and maintained
by an individual or corporation engaged in the sale or rental of space
thereon to a clientele of manufacturing, service or commercial enterprises,
upon which space is displayed, by means of painting, posting or other
means, advertising copy describing products or services which are
not made, produced, assembled or sold from the premises on which the
advertisement is displayed.
COMMERCIAL OFFICE PARK
An integrated development of retail commercial buildings
and office buildings on four or more lots under common ownership of
control, together with such other primary.
COMPLETED APPLICATION
Where required, all application fees, all escrow deposits
shall be paid in full, and all checklist requirements shall have been
complied with, unless waived by the reviewing board, in order for
an application to be deemed complete.
COMMON PROPERTY
A parcel or parcels of land or an area of water, or a combination
of land and water, together with the improvements thereon and designed
and intended for the ownership, use and enjoyment shared by the residents
and owners of a development. Common property may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit of the residents and owners of the development.
COMMUNITY BASED HEALTH CARE FACILITIES
Any facility operated by a public or non-profit entity whose
purpose is to provide health related services such as medical care,
health and social service counseling, medical testing or similar services.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq., providing food, shelter, and personal guidance,
under such supervision as required, to not more than 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" N.J.S.A.
26:2H-1 et seq. In the case of such community residence housing mentally
ill persons, such a 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 New Jersey Department of Human Services. See
Developmentally Disabled Person and Mentally Ill Person.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
Means a community residential facility licensed pursuant
to P.L. 1977, c.448 (C.30:IIB 1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 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, halfway houses, 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 (C.26:2H 1 et seq.).
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by the
New Jersey Department of Human Services, pursuant to N.J.S.A. 30:40-1-14,
providing food, shelter, medical care, legal assistance, personal
guidance, and other services to not more than 15 persons who have
been the victims of domestic violence, including any children of such
victims, who temporarily require shelter and assistance in order to
protect their physical or psychological welfare.
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
by the Planning Board.
CONGREGATE CARE FACILITIES
A congregate care facility may include residential units
and common dining facilities, recreational activities, and other accessory
uses for the exclusive benefit of its residents, regulated by N.J.A.C.
8:33H and 8:36-1 et seq.
CONSERVATION AREA OR CONSERVATION EASEMENT
A designated area of land or water which is intended to be
preserved and managed for the protection of its natural resources,
and where appropriate, opened to the public for passive enjoyment
of natural resources.
CONTIGUOUS
Next to, abutting, or touching and having a boundary, or
portion thereof, that is coterminous. See Abut; Adjoining Lot or Land.
CONTIGUOUS CLUSTER
A contiguous area to be developed as a single entity according
to a plan containing a section or sections to be developed for residential
purposes, nonresidential purposes, or a combination thereof, at a
greater concentration of density or intensity of land use than authorized
within the section or sections under conventional development, in
exchange for the permanent preservation of another section or other
sections of the area as common or public open space, or for historic
or agricultural purposes, or a combination thereof.
[Ord. No. 2017-52 § 3]
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
A facility which has a primary purpose of providing housing
and continuing care for people 55 years of age or older or where either
the husband or wife is 55 years of age or older, and consists of independent
apartment units, assisted living units, skilled care nursing units
and/or CCRC Accessory Uses all as defined herein and as regulated
by N.J.S.A. 52:27D-330 through 357, known as the Continuing Care Retirement
Community Regulation and Financial Disclosure Act. For purposes of
this chapter, "continuing care" means the provision of lodging, nursing,
medical or other health related services at the same or another location
to an individual pursuant to an agreement effective for the life of
the individual or for a period greater than one year, including mutually
terminable contracts, and in consideration of the payment of an entrance
fee with or without other periodic charges to an individual who is
55 years of age or older or where either the husband or wife is 55
years of age or older.
CONVENIENCE STORE
A retail establishment typically offering for sale prepackaged
food products, household items and other goods commonly associated
with the same and having a gross floor area of less than 5,000 square
feet.
COVERAGE
a.
BUILDING COVERAGEThe building area covered by all permanent buildings on a lot, expressed as a percentage of the total lot area.
b.
IMPERVIOUS LOT COVERAGEThe building coverage plus the area of paved surfaces which cover a lot such as: required parking spaces and necessary maneuvering areas, passageways/driveways giving access thereto, services areas, access ways, streets, walkways, patios, pools and plazas.
CUL-DE-SAC
A residential street with access closed at one end by a vehicular
turn around.
CURB LEVEL
The average level of the curb in front of the lot.
DAY CARE CENTER
A licensed, principle use for the purpose of providing custodial
care of persons, for a period not to exceed 18 hours within a single
day in return for the payment of tuition, fees, or other compensation.
Day care may include care of either children or adults who are unable
to care for themselves because of diminished capabilities. See Family
Day Care Home.
DECK
A permanent construction, usually of wood, and either free-standing
or connected to a building, having no roof and supported by pillars
or posts.
DENSITY, GROSS
The permitted number of dwelling units per gross acre of
land on a particular tract.
DETENTION BASIN
A man-made or natural storm water management collector facility
designed to collect surface and sub-surface 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.
DEVELOPER
The legal or beneficial owner or owners of a lot or 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, 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 permission
may be required pursuant to this chapter.
DEVELOPMENT REGULATION
A Zoning, Subdivision, Plan, Unified Development Ordinance,
or other Township regulation of the use and development of land, or
amendment thereto.
DISTRIBUTION FACILITIES, WHOLESALE OR RETAIL
An establishment involving:
[Added 3-4-2021 by Ord. No. 2021-19]
a.
Receiving, storing, assembling, shipping, distributing, preparing,
and selling products and materials, whether directly to consumers
or to resellers;
b.
Exterior and interior parking, storage, and use (including driving
into and through the building for loading and unloading and parking
inside the building) of automobiles, trucks, machinery and trailers,
including outdoor loading and unloading and vehicle parking and storage;
e.
Ancillary and related uses for any of the foregoing, all on
a twenty-four-hour, seven-days-per-week, fifty-two-weeks-per-year
basis.
DRAINAGE
The removal of surface water or ground water from land by
drains, grading or other means as retention or detention basins and
includes control of runoff to minimize erosion and sedimentation during
and after construction or development and means necessary for water
supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of storm water 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 Chapter
One of Title 58 of the New Jersey Statutes Annotated.
DWELLING
A building having one or more rooms providing living and
sanitary facilities for one family including equipment for cooking
or provisions for the same; provided, however, that trailers or campers
as defined herein shall not be or be considered as buildings or dwellings
within the scope of this chapter. Dwellings shall include but not
be limited to the following types:
a.
GARDEN APARTMENTA dwelling unit which is designed for, and occupied exclusively as, the residence of one housekeeping unit. Garden apartments may have other dwellings intended for occupancy by one housekeeping unit above or below, or adjacent to them in the same building.
b.
MULTI-FAMILY DWELLINGtwo or more dwelling units located within a single building, with a private entrance to each dwelling unit.
c.
SINGLE-FAMILY DETACHED DWELLINGA building containing one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards.
d.
TOWNHOUSEA dwelling which is designed for, and occupied exclusively as, the residence of one housekeeping unit. That is attached by means of one or more common fire walls to two or more other townhouse dwellings in the same building and each townhouse is intended for occupancy by one housekeeping unit. Townhouse dwellings may not have any other dwellings above or below them within the same building. Townhouse buildings must exclusively consist of units that do not have any other dwellings above or below any of the individual units. Any unit in excess of two units that does not meet the "Townhouse" definition shall be considered a multi-family dwelling.
e.
TWO-FAMILY DWELLINGA building on a single lot containing two dwelling units, one unit above the other, each of which is totally separated from the other by an unpierced ceiling and floor extending from exterior wall to exterior wall with a common stairwell exterior to both dwelling units and having separate private entrances to each dwelling unit.
f.
DUPLEXA building on a single lot containing two side-by-side only dwelling units with fronts staggered by not more than three feet, each of which is totally separated from the other by an unpierced wall extending from ground to roof with both dwelling units and having separate private entrances to each dwelling unit. The entrances for both dwelling units must face a public street. Front-to-back dwelling units are not considered to be a duplex.
EASEMENT
A grant of one or more of the property rights by the owner
to, or for the use by, the public, a corporation, or another person
or entity.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
ESSENTIAL SERVICES
Underground gas, electrical, telephone, telegraph, sanitary
sewer collection systems, or water transmission or distribution systems,
including mains, drains, sewers, pipes, conduits, cables, and normal
above ground appurtenances such as fire alarm boxes, police call boxes,
light standards, poles, traffic signals, and 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 government agencies for the public health or safety or general
welfare. Essential services shall not be deemed to include wireless
telecommunications towers and antennas.
FAA
The Federal Aviation Administration.
FACADE
The total wall surface, including door and window area, of
a building's principal face.
FAMILY
One or more persons living as a single non-profit housekeeping
unit, doing their own cooking, and living upon the premises as a separate
housekeeping unit, or a collective body of persons doing their own
cooking and living together upon the premises as a separate housekeeping
unit in a domestic relationship based upon birth, marriage, or other
domestic bond.
FAMILY DAY CARE HOME
An accessory use provided in a private residence approved
by the New Jersey Division of Youth and Family Services or an organization
with which the Division contracts for family day care in which child
care services are regularly provided to no less than three nor more
than five children for a period of time no less than 15 hours per
week nor more than 18 hours within a single day. The limitation on
the number of children for whom day care services is provided shall
not include children who are (a) Legally related to the service provider
or (b) Who are being cared for as part of a cooperative agreement
between parents for the care of their children by one or more of the
parents where no payment for the care is being provided. See Day Care
Centers.
FARM
A tract of land at least five acres in size used for the
growing and harvesting of crops and the raising and breeding of certain
animals, including truck farms, fruit farms, nurseries and greenhouses,
dairies and livestock fodder.
FARMING
Agricultural activity or the raising of livestock, poultry
or small animals as a major source of income.
FARMHOUSE
Dwelling on farm property qualifying for farm land assessment
and housing the owner or operator of said farm.
FAST FOOD OPERATIONS
A business establishment where food and drink are sold ready
for consumption and where customers consume the food and drink either
inside or outside the confines of the establishment.
FENCE
A vertical enclosure, solid or partially open, to prevent
straying from within or intrusion from without and to provide visual
screening or privacy.
FINAL APPROVAL
The official action of the Reviewing 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 guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
FINAL PLAT
The final map of all or a portion of the subdivision that
is presented to the Planning/Zoning Board of Adjustment Board for
final approval in accordance with this chapter and which if approved
shall be filed with the proper County Recording Officer.
FINANCIAL INSTITUTIONS
Any establishment wherein business of primarily a financial
nature is transacted, such as; banks, savings and loans, mortgage
companies and similar institutions.
FLAG LOT
A lot with building area which fronts upon an access strip
rather than on or abutting a public street or road, and with access
thereto over, upon and across a private access drive within the access
strip.
FLOOD HAZARD AREA
Land in the flood plain subject to a one (1.0%) percent or
greater chance of flood in any given year.
FLOODPLAIN
The area adjoining any natural stream and including any water
or drainage course or body of water subject to periodic flooding or
overflow based on the 100 year or 1% flood.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the 100 year
flood without cumulatively increasing the water surface elevation
more than one foot at any point.
FLOOR AREA
The sum of the gross horizontal areas of the several floors
of the building, measured from the exterior faces of exterior walls
or from the center line of walls separating two buildings. In particular,
the floor area of a building shall include:
a.
Basement and cellar space (whether or not a floor has actually
been laid; however, just the area directly under a headroom of seven
feet or more).
c.
Attic space which may be considered a floor/inhabitable as per
appropriate state/federal regulations.
e.
Garage Spaces.
However, the floor area of a building shall not include uncovered
steps/porches, terraces, breeze ways and open spaces.
|
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures,
as defined under floor area above, compared to the total area of the
site.
GARAGE, PRIVATE
A private residential garage with no commercial occupation
or use, with a maximum of three bay doors. Garages may be attached
or detached, however detached garages shall be a maximum of one story
with a maximum height of 16 feet. Detached garages must conform to
accessory building setback requirements. Attached garages must conform
to principal building setback requirements. Zoning and building permits
are required for garages. If the garage does not meet the garage definition,
Board approval is required.
[Ord. No. 2015-42]
GARAGE, PUBLIC OR COMMERCIAL
A building or space other than a private garage, for the
storage of motor vehicles exclusively or for the storage of motor
vehicles at which filling station service, sales of accessories or
repairs, other than body or collision repairs and appointing and refinishing,
are permitted. This term does not include motor vehicle show rooms
for new or used motor vehicles.
GENERAL DEVELOPMENT PLAN
A comprehensive plan for the development of a planned development
as provided in N.J.S.A. 40:55D - 45.1 et seq.
GOLF COURSE
A tract of land laid out for at least nine holes for playing
the game of golf and improved with tees, greens, fairways, and hazards
and that may include a clubhouse and shelter.
GOVERNMENT AGENCY
Any department, commission, independent agency or instrumentality
of the United States of America, of a State, County, incorporated
or unincorporated municipality, township, authority, district or other
governmental unit.
GRADE
The slope of a road, path, driveway, swale or other surface
or the average finished ground elevation adjoining a building at project
completion.
GROSS RESIDENTIAL AREA
Land devoted to residential buildings and accessory uses
on the same lot, such as informal open space, drives and service areas
and including land for streets, parks, playgrounds and non-residential
buildings incidental to the residential area as a whole.
HISTORIC SITE
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.
HOME OCCUPATION
A business, including child care, profession, occupation,
or trade, conducted for gain or support and located entirely within
a residential building, which use is accessory, incidental, and secondary
to the use of the building for a dwelling and does not change the
essential residential character or appearance of such building.
HOSPITAL
An institution in a building or a series of buildings providing
in-patient public health services primarily for medical or surgical
care of the sick or injured and including related facilities, such
as out-patient and emergency departments, conference, training, diagnostic
and central service facilities, cafeteria, gift shop, pharmacies,
administrative and staff offices and employee day care, which are
integrated with the hospital facilities or complex,
HOTEL OR RESORT HOTEL
A hotel is a place of lodging that provides temporary sleeping
accommodations and supporting facilities that may include, but not
be limited to, a lobby, full-service restaurant, cocktail lounges,
meeting rooms, banquet facilities, and convention facilities. It typically
provides a swimming pool or another recreational facility such as
a fitness room.
[Amended 11-14-2019 by Ord. No. 2019-50]
HOUSEHOLD
A family living together in a single dwelling unit, with
common access to and common use of all living, sanitary and eating
areas and all areas and facilities for the preparation and serving
of food within the dwelling unit.
HOUSEKEEPING UNIT
One or more persons living together in one dwelling unit
on a non-seasonal basis and sharing living, sleeping, cooking and
sanitary facilities on a non-profit basis.
IMPERVIOUS SURFACE
A surface that has been covered by buildings, structures
or compacted or covered with a layer of materials so that it is highly
resistant to infiltration by water.
INTERESTED PARTY
Any person, whether residing within or outside the Township,
whose right to use, acquire, or enjoy property is, or may be, affected
by actions taken under this chapter or whose rights to use, acquire,
or enjoy property under this chapter have been denied, violated or
infringed by an action or a failure to act under this chapter.
JUNK
The term junk shall mean any one or more or accumulation
of one or more of the following items:
a.
Old iron, glass, paper or cordage in such a state of disrepair,
uselessness, age and condition as to be not readily usable for the
purpose for which it was originally intended, or not usable after
further treatment or processing so as to form or structure or in such
condition as to be considered worthless trash or not reasonably restorable
to its original use because the cost of restoration would greatly
exceed the market value of the item when restored.
b.
An automobile which because of age, lack of maintenance, general
condition or partial or complete demolition is in such condition as
to be inoperable, unfit to be reasonably restored for highway transportation
because of the degree of damage or the fact that the cost of restoration
would greatly exceed the market value therefor or motor vehicles which
are unfit for reconditioning for registration and use for highway
transportation.
c.
Used, damaged or broken parts of motor vehicles or materials
from motor vehicles, the sum of which parts or materials shall be
equal in bulk to one or more motor vehicles.
d.
Household appliances, motors, furniture or furnishings or pieces
of industrial or manufacturing equipment, which are broken or in such
state of disrepair as to be unusable without additional work being
performed or additional parts being provided or added, except as located
within a store or shop specifically engaged in the repair of such
items.
e.
One or more used automobile tires that are in such condition
as to be unsafe for use on a motor vehicle or for resale as used automobile
tires capable of being placed upon and used on motor vehicles for
highway transportation.
f.
One or more items of machinery, equipment or parts thereof that
are unusable for the purpose for which they were originally intended
without repairing, reconditioning or re-manufacturing to such extent
as to be in excess of the reasonable market value of the equipment,
machinery or parts.
g.
Used building materials, parts of building, piping, electrical
wiring or other materials of any nature whatsoever that are not reasonably
marketable for use or re-use for the purpose for which they were originally
processed or manufactured or not readily adaptable for any other use
due to their condition, state of disrepair or due to the fact that
reconditioning or reuse or use of the items would exceed the reasonable
value of the item.
If the condition of any item is such that it is inoperable or
dismantled, broken, in a state of disrepair or not readily adaptable
for other use, the burden of proof of market value shall be on the
owner.
|
JUNK YARD
Shall mean and include the business of buying, selling or
storing junk; keeping a place for the storage or deposit of junk;
possession of junk for sale or re-sale of junk or parts therefrom.
This definition shall also apply to and include yards and portions
of yards used for the storing of motor vehicles or machinery or parts
of either for the purpose of obtaining parts therefrom for the repair
or replacement on motor vehicles.
Junk yard shall also apply to the entire area of the premise
on which junk is kept or any warehouse, garage or storage building
on the premises except that portion specifically designated on the
application for license as for use other than for storage of junk.
Junk yard shall also be inclusive of any place where automobile
demolition is carried on as a business, or where dismantling of automobiles
or removal of parts therefrom other than for the purpose of replacement
or repair of the part removed is carried on. If an automobile is dismantled
or a part removed for replacement or repair, the automobile shall,
if not repaired and restored to operative condition within 15 days,
be classified for the purpose of this chapter as a junk automobile
and must be removed to and stored upon the premises of a licenses
junk yard or within an enclosed garage until proper parts area available
for complete restoration and repair.
KENNEL
Any structure, premises, or refuge wherein or whereon the
business of boarding or selling, or breeding of animals is carried
on; included shall be such establishments as animal shelters and animal
hospitals.
LAND
Real property including improvements and fixtures on, above
or below the surface.
LANDOWNER
The legal or beneficial owner(s) of land, the holder(s) of
an option or contract to purchase or other person(s) having an enforceable
proprietary interest in such land shall be deemed to be a landowner
for the purpose of this chapter.
LANDSCAPE AREA
An area of land restricted to landscape items which may also
include such elements as natural features, earth berms, sculpture
and furniture, signs, lighting, access ways, bikeways and pedestrian
walkways, but not including motor vehicle parking, extending along
the entire lot line where they are required. The width of a landscape
area shall be measured at right angles to the lot line.
LIVING SPACE
A potentially habitable area within a dwelling unit.
LOADING SPACE
A 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 15 feet of vertical clearance.
LOT
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.
LOT AREA
An area which is determined by the limits of the lot lines
bounding that area, and is always expressed in terms of square feet
or acres. Any portion of a lot included in a public or private right
of way shall not be included in calculating lot area.
LOT, CORNER
A lot or parcel of land abutting on two or (2) more intersecting
streets when the interior angle of intersection does not exceed 135
degrees. Each corner lot shall have two front yards, a minimum of
one side yard and one rear yard.
LOT DEPTH
The mean distance measured from the front lot line to the
rear lot line.
LOT FRONTAGE
That side of a lot abutting on a street; the front lot line.
This definition shall apply to all lots, including, but not limited
to, odd shaped lots, triangular lots and lots having curved or irregular
front lines.
LOT SIZE
The total horizontal area included within the lot lines.
Where the front lot line is the center line of a street or lies in
part or in whole in the street area, the lot area shall not include
that part of the lot in use or to be used as a right-of-way.
LOT WIDTH
The mean 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; however;
the mean width shall not be less than the required lot width.
LOW-INCOME HOUSEHOLD
A household earning between 0% and 50% of the regional median
income established by the Council on Affordable Housing for the geographic
area in which Lakewood Township is located, as adjusted for household
size.
LOW-INCOME UNIT
Housing affordable, according to Federal Department of Housing
and Urban Development or other recognized standards, for home ownership
and rental costs, and occupied or reserved for occupancy by households
with a gross household income set by applicable state and federal
standards.
MAINTENANCE GUARANTY
Any security which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit and cash, as more specifically addressed in §
18-401 of this chapter.
MANUFACTURING
The treatment or processing of raw materials and the production
of articles of finished products from raw or prepared materials by
giving them new forms or qualities. Also, an activity which involves
the fabrication, reshaping, reworking, assembly or combining of products
from previously prepared materials and the synthesis of chemical or
chemical products or the processing of any raw materials. Light manufacturing
includes light industrial operations such as electronic, machine parts
and small component assembly, as opposed to heavy industrial operations
such as automobile assembly, milling or forge activities.
MASTER PLAN
The Master Plan for the Township of Lakewood as adopted by
the Lakewood Township Planning Board in accordance with N.J.S.A. 40:55D-28.
MEAN ELEVATION
The average of the ground level measurements computed at
the four extreme corner points of any existing or proposed building.
MIKVAH
A ritual bathhouse used in accordance with religious ceremonies.
MINIMUM TRACT SIZE
The minimum amount of the gross acreage of the entire tract
prior to any subdivision or development.
MINOR SITE PLAN
A minor plan shall be as specified herein and an applicant
may prepare a minor plan application drawn according to the standards
and conditions specified in this chapter. A minor site plan shall
be a site plan which entails an addition of less than 1,500 square
feet. Additions on houses of worship measuring less than 1,500 square
feet shall be exempt from the site plan requirements as long as all
applicable bulk, setback, parking and buffering requirements are met.
MIXED-USE DEVELOPMENT
A grouping of retail and commercial businesses, hotels, financial
institutions and personal service establishments, and residential
uses on a single site; planned and constructed as an integrated entity
with on-site customer, employee, and residential parking. Such developments
must be designed for goods delivery separated from customer and residential
access with aesthetic considerations, as well as provide adequate
traffic calming and address other vehicular and pedestrian design
considerations necessary for the proposed uses. Mixed-use development
shall include multiple uses, including both residential and commercial
uses, but may include individual buildings as part of the overall
mixed-use development that contain solely commercial uses, mixed-use
buildings consisting of residential and commercial uses, and residential
buildings consisting solely of residential uses.
MIXED-USE MID-RISE DEVELOPMENT
A grouping of retail business, office buildings, personal
service establishments, and residential uses on a single site planned
and constructed as a total entity with on-site customer, employee,
and resident parking designed for goods delivery separated from customer
and residential access with aesthetic considerations.
MIXED-USE MULTIFAMILY DEVELOPMENT
A grouping of retail and commercial businesses, financial
institutions and personal service establishments, and residential
uses on a single site; planned and constructed as an integrated entity
with on-site customer, employee and residential parking. Such developments
must be designed for goods delivery separated from customer and residential
access with aesthetic considerations, as well as provide adequate
traffic calming and address other vehicular and pedestrian design
considerations necessary for the proposed uses.
MIXED-USE TOWNHOUSE DEVELOPMENT
A grouping of retail and commercial businesses, hotels, financial
institutions and personal service establishments, and residential
uses on a single site; planned and constructed as an integrated entity
with on-site customer, employee, and residential parking. Such developments
must be designed for goods delivery separated from customer and residential
access with aesthetic considerations, as well as provide adequate
traffic calming and address other vehicular and pedestrian design
considerations necessary for the proposed uses.
MOBILE HOME PARK
Any park, trailer park, trailer court, court, camp, site,
lot, parcel or tract of land designed, maintained or intended for
the purpose of supplying a location or accommodations for any trailer
coach or trailer coaches and upon which any trailer coach or trailer
coaches are parked, and includes all buildings used or intended for
use as part of the equipment thereof, whether a charge is made for
the use of the mobile home park and its facilities or not. Mobile
home parks shall not include automobile or trailer sales lots on which
unoccupied trailers are parked for purposes of inspection and sale.
MODERATE-INCOME HOUSEHOLD
A household earning between 50% and 80% of the regional median
income established by Council on Affordable Housing for the geographic
area in which Lakewood Township is located, as adjusted for household
size.
MODERATE-INCOME UNIT
Housing affordable according to Federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs, and occupied or reserved for occupancy by households
with a gross household income as defined by applicable state and federal
regulations.
MOTEL
A structure or group of structures which provide sleeping
rental units for temporary occupancy, in which each rental unit has
a private entrance direct to the outside and in which each rental
unit has its own sanitary facilities.
MUNICIPAL AGENCY
The Planning Board, Board of Adjustment or Governing Body,
or any agency created by or responsible to one or more municipalities,
when acting pursuant to N.J.S.A. 40:55D 1, et seq.
NONCONFORMING LOT
A lot which in its area, dimension, or location of, does
not conform to the regulations of the chapter for the district in
which it is located.
NONCONFORMING STRUCTURE
A structure which in its size, design, or location upon a
lot does not conform to the regulations of the chapter for the district
in which it is located.
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 by which it is located
by reasons of such adoption, revision or amendment.
NONCONTIGUOUS CLUSTER
Noncontiguous areas to be developed as a single entity according
to a plan containing an area, or a section or sections thereof, to
be developed for residential purposes, nonresidential purposes, or
a combination thereof, at a greater concentration of density or intensity
of land use than authorized within the area, section, or sections,
under conventional development, in exchange for the permanent preservation
of another area, or a section or sections thereof, as common or public
open space, or for historic or agricultural purposes, or a combination
thereof.
[Ord. No. 2017-52 § 3]
NURSING HOME
An extended or intermediate care facility licensed or approved
in accordance with the requirements of the State of New Jersey to
provide full time convalescent or nursing care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
OBLIGOR
One that places himself under a legal obligation.
OCCUPANCY
Shall mean any one or more of the following:
a.
The actual physical occupancy by living thereon or therein by
any person.
b.
Placing on or storage therein of any furniture, furnishings,
personal belongings, merchandise, tools or equipment used in a person's
trade, business or profession or any other indicia or intent to occupy
or use the lands or building in question as contrary to merely permitting
the land or building to exist in a totally unused state.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of the Municipal
Land Use Law.
OFF SITE
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 within a contiguous portion of a
street or right-of-way.
OFF-STREET PARKING SPACE
An interior or exterior storage area for a motor vehicle
that is accessible from an access aisle and that is not located on
a dedicated street right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on the closest half of the abutting street or right-of-way.
ON-SITE
Located on the lot in question and excluding any abutting
street or right-of-way.
ON-TRACT
Located on the property which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
ON-STREET PARKING SPACE
A temporary storage area for a motor vehicle which is located
on a dedicated street right-of-way.
OPEN SPACE
An unoccupied space on the same lot with a principal or accessory
building.
OPEN SPACE, COMMON
A parcel or parcels of land or an area of water, or a combination
of land and water within the site designated, designed and intended
for the use or enjoyment of residents and owners of a development.
Common open space excludes land areas within the rights-of-way of
streets to be located within a Development unless exclusively designed
for access to open space. A legally constituted organization of the
property owners with authority to place liens on property shall be
formed for the maintenance of the common areas and facilities, or
this common open space may be deeded to the Township if accepted by
the Township for use by all residents of the Township.
OPEN SPACE ORGANIZATION
An incorporated, non profit organization operating in a planned
development under recorded land agreement through which (a) each owner
is automatically a member; (b) each occupied dwelling unit is automatically
subject to a charge for a proportionate share of the expenses for
the organization's activities and maintenance, including any maintenance
costs levied against the association by the Township; and (c) each
owner and tenant has the right to use the common property.
OWNER
Any individual, firm, association, syndicate, copartnership
or corporation having a proprietary interest in the land sought to
be subdivided.
PARKING SPACE
An area provided for the parking of one motor vehicle.
PASSIVE OPEN SPACE OR PASSIVE RECREATION AREAS
An unimproved area of land which may include: water set aside,
dedicated, designated, or reserved for public or private use and enjoyment
which utilizes and depends on the natural environment and requires
no modifications of the environment other than to provide access or
reserved for public or private use and enjoyment which utilizes and
depends on the natural environment and requires no modifications of
the environment other than to allow access. It permits such low impact
uses as hiking, fishing, canoeing, nature study, horseback riding,
and bicycling. Passive open space typically includes wooded areas,
streams, lakes, and other varieties of natural vegetative areas.
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PERVIOUS SURFACE
Any surface that permits a significant portion of surface
water to be absorbed.
PLAT
The map of a subdivision.
PERFORMANCE GUARANTY
Any security which may be accepted by a municipality, including
cash, provided that the municipality shall not require more than 10%
of the total performance guaranty in cash in accordance with N.J.S.A.
40:55D-53 et seq.
PERSON
Includes persons, partnership, firm, company, corporation,
tenant, owner, lessee or licensee, their agents, heirs or assigns.
PHASE
A portion of a site plan or subdivision as shown on the plans
and application.
PLANNED AFFORDABLE RESIDENTIAL DEVELOPMENT
A private residential community developed by a nonprofit
housing development entity and comprised of various housing types
and accessory uses, intended for and restricted to low- and moderate-income
households. The form of ownership for the dwelling units in a residential
development may be fee simple, condominium, cooperative, rental or
any combination thereof.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous or noncontiguous size as
specified by ordinance to be developed according to a plan as a single
entity containing one or more structures with appurtenant common areas
to accommodate commercial or office uses or both and any residential
and other uses incidental to the predominant use as may be permitted
by ordinance.
[Ord. No. 2017-52 § 3]
PLANNED DEVELOPMENT
A planned development is a planned unit development, planned
unit residential development, contiguous cluster or noncontiguous
cluster, planned commercial development or planned industrial development.
[Ord. No. 2017-52 § 2]
PLANNED EDUCATIONAL CAMPUS
An educational campus containing less than 100 acres of a
not for profit institution of higher education that is a not for profit
entity that is fully accredited and licensed by the Office of the
Secretary of Higher Education of the State of New Jersey and one that
offers both undergraduate and graduate degrees and is devoted to higher
education and no other forms of education and that contains housing
and accessory uses proportionate to the educational facilities intended
for only for faculty and students who will attend or staff the institution's
educational facilities and that is adjoining to or within 500 feet
of faculty and student housing so as to create a unified campus setting.
The land and all structures including dwelling units shall be owned
and developed only by the institution of higher education and not
by or in partnership or in other arrangement with any investor group,
construction company, a not for profit entity or any other third party.
The occupancy of the residential uses in the institution of higher
education must be limited to: (a) students, faculty or staff of the
institution of higher education, or (b) the immediate families of
faculty, staff or students.
PLANNED INDUSTRIAL DEVELOPMENT
A planned industrial development is an area of minimum contiguous
or noncontiguous size as specified by ordinance to be developed according
to a plan as a single entity containing one or more structures with
appurtenant common areas to accommodate industrial uses and any other
uses incidental to the predominant use as may be permitted by ordinance.
[Ord. No. 2017-52 § 2]
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous or noncontiguous
acreage of 10 acres or more to be developed as a single entity according
to a plan, containing one or more contiguous clusters or noncontiguous
clusters or planned unit residential developments and one or more
public, quasi-public, commercial or industrial areas in such ranges
of ratios of nonresidential uses to residential uses as shall be specified
in the zoning ordinance.
[Ord. No. 2017-52 § 3]
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous or noncontiguous
acreage of five acres or more to be developed as a single entity according
to a plan containing one or more contiguous clusters or noncontiguous
clusters, which may include appropriate commercial, or public or quasi-public
uses all primarily for the benefit of the residential development.
[Ord. No. 2017-52 § 3]
PRELIMINARY FLOOR PLANS AND ELEVATIONS
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.
PRELIMINARY APPROVAL
The conferral of certain rights prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision and site improvements that is submitted to the Township for consideration and preliminary approval and meeting the requirements of §
18-604 of this chapter.
PRINCIPAL BUILDING OR USE
A building or buildings in which is conducted the main or
principal use of the lot on which said building is situated or the
open land of which such use is made or upon which such activity is
carried out.
PROFESSIONAL
The term professional means any person or entity whose principals
are required to be licensed by New Jersey law and who supply legal
representation, engineering services, planning services, expert testimony
or written reports in support of an application. Professionals shall
include both any individuals supplying the representation, testimonies
or reports and the firms or entities in which such individuals practice.
PROFESSIONAL OFFICE
The office of a member of a recognized profession or occupation,
including architects, artists, authors, counselors, social workers,
dentists, doctors, lawyers, planners, veterinarians, clergy, musicians,
optometrists, engineers, realtors and similar professions and occupations.
PUBLIC AREAS
Public parks, playgrounds, trails, paths and other recreational
areas; and other public open spaces; scenic and historic sites; and
sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvements program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water to safeguard the public against flood damage, sedimentation
and erosion.
PUBLIC PURPOSE USES
The use of land or buildings by the governing body of the
Township or any officially created authority or agency thereof.
PUBLIC STREET
Any improved street located within an existing, proposed
or former Township Right of Way, comprised of pavement and may include
gutters, curbs and sidewalks.
PUBLIC WATER AND PUBLIC SEWERAGE
Centralized municipal or municipally operated water and sewerage
system, or water and sewerage system franchised or approved by the
Township in accordance with the Township sewer and water plan. "With
sewer and water" as used in this chapter means that public water and
public sewerage shall be provided in order for the use to be permitted
in the zone district.
QUORUM
The majority of the full authorized membership of any agency.
REGIONAL SHOPPING CENTER
A unified development of stores, shops or other commercial
establishments, together with areas for internal circulation, parking
and other accessory uses consisting of one or more lots under the
same or separate ownership, and having therein a building or group
of buildings containing not less than 600,000 square feet of net floor
area.
RESEARCH LABORATORY
A building or group of buildings in which are facilities
for scientific research, investigation, testing or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
RESTAURANT
A business establishment whose principal business is the
selling of unpackaged food to the customer in a ready to consume state,
or in non disposable containers, and where the customer consumes these
foods while seated at tables or counters located within the building.
RESTAURANT, DRIVE IN
Any restaurant, refreshment stand, snack bar, dairy bar,
hamburger stand or hot dog stand where food is served primarily for
consumption at counters, stools, tables or bars outside the building
or primarily for consumption in automobiles parking on the premises
whether brought to said 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.
RESTAURANT, FAST-FOOD
An establishment which may have a drive-in/walk up window
that offers quick food service, which is accomplished through a limited
menu of items already prepared and held for service, or prepared,
fried, or grilled quickly or heated in a device such as a microwave
oven. Orders are not generally taken at the customer's table and food
is generally served in disposable wrapping or containers.
RESUBDIVISION
(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 or approved
or recorded according to law, but does not include conveyances as
to combine existing lots by deed or other instrument.
RETENTION BASIN
A man-made or natural stormwater management collector facility
designed to collect surface water and to retain some or all of the
water that drains into it.
REVERSE FRONTAGE LOT
A lot which fronts upon two parallel streets, and is not accessible from one of the parallel streets. Reverse frontage lots shall have one front yard, one rear yard and two (two) side yards. (See §
18-805G)
REVIEWING BOARD
The Planning Board or Board of Adjustment, whichever Board
has jurisdiction over the particular application.
RIGHT-OF-WAY
The land and space required on the surface, subsurface and
overhead for the construction and installation of materials necessary
to provide passageway for vehicular traffic, pedestrians, utility
lines, poles, conduits and mains, signs, hydrants, trees and shrubbery.
SEDIMENTATION
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
SELF-SERVICE STORAGE
A warehouse type structure containing relatively small storage
spaces usually of varying sizes, which are leased or rented individually.
Individuals are typically permitted to access their storage spaces
directly without appointment during business hours. Also known as
mini-warehouses.
SENIOR CITIZEN
A person 55 years of age or older. For the purposes of this
chapter a senior citizen is considered a person 48 years of age or
older.
SETBACK
The required minimum horizontal distance between the building
line and the related front, side or rear property line.
SHADE TREE COMMISSION
An advisory commission established pursuant to applicable law, which among its duly authorized responsibilities is the review of Tree Protection Management Plans submitted to the Reviewing Board in accordance with §
18-803H of this chapter.
SHED
A 1-story accessory building for the storage of incidental
items, with a maximum building footprint of 200 square feet and a
maximum height 12 feet and may be placed up to five feet off the side
and rear property lines. Sheds are prohibited within the front yard
setback. Zoning and/or building permits are required. If the structure
does not meet the shed definition, Board approval is required.
[Ord. No. 2015-42]
SHOPPING CENTER
A grouping of retail business, service uses, houses of worship
or offices on a single site planned, constructed and managed as a
total entity with customer and employee parking provided on site,
provisions for goods delivery separated from customer access, aesthetic
considerations and protection from the elements.
SIGHT EASEMENT AT INTERSECTION
A triangular shaped area established at intersections in
which nothing is erected, placed, planted or allowed to grow in such
a manner as to limit or obstruct sight distance of motorists entering
or leaving the intersection.
SIGN
Any object, device, display or structure or part thereof,
situated outdoors or indoors, visible from the street, public right-of-way
or other public facility, which is used to advertise, identify, display,
direct or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, design, symbols, fixtures, colors, illumination
or projected images.
SIGN AREA
That area defined by the frame or edge of a sign. Where no
frame or edge exists, the area shall be defined by a projected enclosed
four sided (straight sides) geometric shape which most closely outlines
said sign. Where a sign has more than one side, sign area shall be
construed to include the total area used for advertisement or identification.
SIGN, COMMERCIAL
Any sign which is owned or operated by any person engaged
in the business of outdoor advertising for direct profit gained from
the rental of signs, or any sign advertising a commodity not sold
or produced on the premises.
SIGN FUNCTIONS
These may include, but not be limited to, the following:
a.
ADVERTISINGShall mean a sign directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is maintained.
b.
BUSINESSShall mean a sign directing attention to a business, commodity, service, or entertainment conducted, sold or offered upon the same premises as those upon which the sign is located.
c.
DIRECTORYShall mean a sign of permanent character, but with interchangeable letters, words or numerals, indicating the names of persons associated with, or events conducted upon, or products or services offered upon the premises whereon a sign is maintained.
d.
INSTRUCTIONALShall mean a sign conveying instructions with respect to the premises on which it is maintained, such as parking lot entrance or exit signs, and danger signs.
e.
NAMEPLATEShall mean a sign indicating the name, address and/or profession or occupation of a person.
f.
PUBLICShall mean signs of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his duty, such as safety signs, danger signs, memorial plaques or citations, official court and public notices, signs of historical interest, and the like. Public shall also include non-for-profit organizations, houses of worship and educational institutions. As long as erected for non-profit organization.
g.
TEMPORARYShall mean a sign which is designed to advertise or announce, for a limited period, a particular event or series of events, to solicit political support, or to announce the availability for sale of a particular item or items.
h.
IDENTIFICATIONShall mean any structure or part thereof or thereto or painted or represented displays any letter, symbol, trademark, word or similar device used to identify the product made or the activity being pursued by any individual, business, service, commercial or industrial enterprise, which is displayed upon the lot or premises occupied by such an enterprise for the purpose of appraising the public of the location of such enterprise for the type of activity in which it is managed.
i.
INTERIORShall mean any sign that is affixed to or painted on the interior of a window or any sign located inside and within three feet of the face of the window which is designed to be visible from the windows exterior.
j.
OFFICIALShall mean any sign, symbol or device, erected and maintained by a Federal, State, County or local governmental agency for the purpose of informing or guiding the public or for the protection and promotion of health, safety, convenience and general welfare.
SIGN HEIGHT
The greatest vertical dimension between the top of a sign
and the ground.
SIGN TYPES
These may include, but not be limited to, the following types:
a.
GROUNDShall mean a freestanding sign supported by uprights or braces in or upon the ground and not attached to any part of a building.
b.
HANGINGShall mean a sign designed to project beyond the front face and perpendicular to it over a public walkway.
c.
INTEGRALShall mean a sign carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure.
d.
MARQUEEShall mean a sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building.
e.
ROOFShall mean a sign which is erected, constructed or maintained on, above or as part of the roof of any building.
f.
WALLShall mean a sign which is attached directly to the building and is parallel to the building.
g.
FREESTANDINGShall mean a sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structures.
h.
STREET SIGNSShall mean a sign used to identify street names along public rights-of-way and designed in accordance with §
18-814.
i.
DIGITAL BILLBOARDAn advertising sign upon which space images are displayed, by means of a digital display of information, provided that a digital billboard may include a static, illuminated, non-digital sign advertising businesses or activities existing at the property on which the digital billboard is situated. The digital billboard may not exceed the length or width or extend more than five feet above the digital billboard. Digital billboards are conditionally permitted in the B-1, B-3, B-4, HD-6, HD-7 and M-1 zones.
[Ord. No. 2016-11 § 2]
SITE PLAN OR PLAN
A development plan of one or more lots on which is shown:
(1) the existing and proposed conditions of the lot; (2) the location
of all existing and proposed buildings, drives, parking spaces, walkways,
means of ingress/egress, drainage facilities, utility services, landscaping,
signage, lighting etc., (3) any other information that may be reasonably
required in order to make an informed decision pursuant to an ordinance
requiring review and approval of site plans.
SITE PLAN/PLAN REVIEW
Examination of the specific development plans for a lot.
Wherever the term "Plan Approval" is used herein, it shall be understood
to mean a requirement that the plan be reviewed and approved by the
appropriate Board.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article
VI of this chapter.
SKILLED CARE NURSING UNIT
A nursing bed or individual room which provides board, shelter
and twenty-four skilled nursing and medical care to chronic or convalescent
patients. Skilled Care Nursing Units shall be in a facility that may
include accessory uses including dining rooms, bathing areas, common
areas, offices, clinics, therapy areas, medical facilities and other
space necessary to provide the above services.
STREET LINE
That line determining the limit of the road, street or highway
rights of the public, either existing or contemplated.
STREET
Any street, avenue, boulevard, road, 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 this
act, 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.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
SUBDIVISION
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 act, if no new streets are created: (1) divisions
of land found by the planning board or subdivision committee thereof
appointed by the chairman to be for agricultural purposes where all
resulting parcels are five acres or larger in size, (2) divisions
of property by testamentary or intestate provisions, (3) divisions
of property upon court order, including but not limited to judgments
of foreclosure, (4) consolidation of existing lots by deed or other
recorded instrument and (5) the conveyance of one 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 or atlas of the municipality. The term "subdivision" shall
also include the term "resubdivision."
SUBDIVISION, MAJOR
All subdivisions not classified as Industrial or Minor Subdivisions.
Major subdivisions shall however also include any proposed subdivision
which would otherwise qualify as a minor subdivision if the subdivision
under consideration represents a further subdivision of an original
tract of land for which a previous minor subdivision or subdivisions,
or a major subdivision had been approved by the Planning Board within
three years prior to the filing of the application, and the combination
of the proposed subdivision and the previous subdivisions of said
original tract would constitute, if considered together as a whole,
a major subdivision.
SUBDIVISION, MINOR
A subdivision of land that does not involve (a) the creation
of more than three additional lots, in addition to any one retained
parcel, including the relocation or adjustment of existing lot lines
provided such relocation or adjustment does not result in the creation
of more than three additional lots, in addition to any one retained
parcel (b) planned development, (c) any new street, or (d) extension
of any off tract improvement. In counting lots to determine whether
or not a proposed subdivision is a minor subdivision, the Township
tax maps dated January 1, 2004 shall be used.
SUKKAH
A temporary structure constructed for religious reasons on
or about the Sukkoth holiday.
SWIMMING POOL
A water filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an aboveground pool, having a depth of more than 24 inches,
designed, used and maintained for swimming and bathing.
SWIMMING POOL, COMMERCIAL
Commercial swimming pools shall mean and include all pools
associated with commercial land uses. Commercial swimming pools shall
be further classified into types in accordance with their particular
use and shall meet the appropriate design standards as set forth by
the National Swimming Pool Institute.
SWIMMING POOL, PORTABLE
Portable pools shall not be subject to the requirement of
this chapter and are those pools which are not otherwise permanently
installed; do not require water filtration, circulation and purification;
do not exceed a water surface of 100 square feet; 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 18 inches and/or a water surface
of 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 and shall include all buildings, structures, equipment
and appurtenances thereto.
Private residential swimming pools shall be further classified
into types in accordance with their particular use and shall meet
the appropriate design standards as set forth by the National Swimming
Pool Institute.
THRU-LOT
A lot which fronts upon two parallel streets.
TOWER
See "Wireless Telecommunications Tower."
TOWER HEIGHT
When referring to a wireless telecommunications tower or
other structure, the distance measured from the finished grade to
the highest point on the tower or other structure, including the base
pad and any antenna. (See also the definition of "building height.")
TOWNSHIP
Township of Lakewood, Ocean County, New Jersey.
TRACT
An area, parcel, site, piece of land, or property which is
the subject of a development application.
TRELLIS
A structure of open latticework, especially one used as a
support for vines and other creeping plants.
USE
The purpose or activity for which land or buildings are designed,
arranged, or intended, or for which land or buildings are occupied
or maintained.
USE, PRINCIPAL
The main use(s) of land or structures, as distinguished from
a secondary or accessory use(s).
UNITS, DWELLINGS
a.
For single-family detached or attached units - one housekeeping
unit equals one unit.
b.
For condominiums, cooperatives and apartments - one housekeeping
unit equals one unit.
c.
Assisted Living Facilities - one housekeeping unit equals one
unit.
d.
Skilled Nursing Care Facilities and Nursing Homes - one bed
equals one unit.
VARIANCE
A departure from the terms of this chapter authorized by
the appropriate municipal agency in accordance with N.J.S.A. 40:55D-70,
et seq.
WETLANDS
Those areas meeting the definition of wetlands under N.J.A.C.
5:1-1 et seq. and enforced by the NJDEP.
WIRELESS TELECOMMUNICATIONS TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio or similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
YARD
The area that lies between the principal or accessory building
or buildings and the nearest lot line.
YARD, FRONT
A yard on the same lot with the principal building, extending
the full width of the lot and situated between the street line and
the front line of a building projected to the side lines of that lot.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of any building.
The depth of a rear yard shall be measured at right angles to the
rear line of the lot, or if the lot is not rectangular, then in the
general direction of its side building lines.
YARD SIDE
A yard between the side line of the lot and the nearest line
of the building and extending from the front yard to the rear yard,
or in the absence of either of such yards, to the street or rear lot
line as the case may be. The width of a side yard shall be measured
at right angles to the side line of the lot.
ZONING BOARD
The Zoning Board of Adjustment of Lakewood Township.
ZONING DISTRICT
A finite area of land, as designated by its boundaries on
the zoning map, throughout which specific and uniform regulations
govern the use of land and/or the location, size and use of buildings.
ZONING PERMIT
A document signed by the Zoning Officer, (a) which is required
by ordinance as a condition precedent to the commencement of a use
or the erection, construction, reconstruction, alteration, conversion,
or installation of a structure or building and (b) which acknowledges
that such use, structure or building complies with the provisions
of the municipal zoning ordinance or variance therefrom duly authorized
by a municipal agency pursuant to N.J.S.A. 40:55D-60 and N.J.S.A.
40:55D-70.
Whenever a term is used in this chapter which is defined in
N.J.S.A. 40:55D-1 et seq., as amended, such term is intended to have
the meaning set forth in the definition of such term found in such
statute, unless a contrary intention is clearly expressed in the context
of this chapter.
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