[Ord. No. 97-01 § 7; Ord. No. 07-01 § 3]
As used in this chapter:
ADMINISTRATIVE OFFICER
Shall mean the Administrative Officer as defined by the MLUL
and shall be the Borough Clerk.
ADULT ARCADE
Shall mean any place to which the public is permitted or
invited wherein coin-operated or slug-operated or electronically,
electrically or mechanically controlled still or image-producing devices
are maintained to show images to one person per machine at any one
time and where the images so displayed are distinguished or characterized
by the depicting or describing of specified sexual activities or specified
anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STORE
Shall mean an establishment, business or use having as a
predominant part of its stock-in-trade books, magazines, photographs,
pictures, films, motion pictures, videocassettes, devices or other
periodicals which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas and limiting the sale of such sexual
matter to adults.
ADULT MOTION-PICTURE THEATER
Shall mean an enclosed building with the capacity of one
or more persons used predominately for presenting material distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical areas
presented for observation by patrons therein.
AGRICULTURE
Shall mean the growing of crops, truck gardening, raising
or breeding of horses, sheep, dairy, poultry or other farm livestock;
orchard, wood lot, reforestation, nursery or greenhouses or other
agricultural or horticultural purposes. Agricultural land shall include
open or wooded acres, ponds, brooks, swamps and meadows.
ALTERATION
Shall mean a change or rearrangement in any facade or structural
part of an existing structure which alters the use or exterior appearance
of that structure.
ARTIST'S BODY PAINTING STUDIO
Shall mean an establishment or business which provides the
service of applying paint or other substances, whether transparent
or nontransparent, to or on the human body when such body is fully
or partially nude.
AUTOMOTIVE GASOLINE STATION
Shall mean any establishment servicing motor vehicles with
fuel, but not including repairs, changing of tires, or any other replacement
of essential or accessory parts. Automotive gasoline stations may
service automobiles by adding oil, windshield washer fluid, or similar
fluids, but shall not provide any services which require bays or lifts,
such as oil changes or lubrication of chassis.
AUTOMOTIVE SALES AND SERVICE
Shall mean any establishment selling new and/or used passenger
cars and vans to the general public. Automotive sales and service
may include, as an accessory to the sale of automobiles, service and
repair facilities and the sale of parts, supplies and accessories.
Automotive sales shall include the long term leasing of automobiles,
and as an accessory to the servicing of automobiles, the short term
rental of automobiles, but shall not include facilities solely for
the long term or short term storage of used, damaged or repossessed
automobiles.
AUTOMOTIVE SALES LOT
Shall mean any establishment selling new and/or used passenger
cars and vans to the general public, but not including the dispensing
of gasoline and fuel, service, repairs, or solely the storage of vehicles.
Automotive sales shall include the long term leasing of automobiles.
AUTOMOTIVE SERVICE STATION
Shall mean any establishment, whether or not serving gasoline,
serving motor vehicles with vehicle maintenance not requiring extensive
or prolonged mechanical work (for the purposes of this ordinance,
extensive or prolonged mechanical work shall mean work which requires
a vehicle to be on the site for a period of more than 15 days before
completion). Service work offered shall be limited to: oil changes;
lubrication; tune-ups; minor engine or drive train repairs; installation
of tires, batteries, and accessories; wheel balancing and alignment;
and the replacement of mechanical parts such as hoses, spark plugs,
ignition wiring, brakes, alternators, water pumps and similar parts
not requiring extensive repairs. Repair facilities which provide repairs
and service to any large trucks or equipment such as semi-tractors,
or heavy grading equipment shall not be considered automotive service
stations. Repair facilities which provide automotive body or collision
repairs shall not be considered automotive service stations.
BILLBOARD
Shall mean any permanent sign, notice or advertisement, pictorial
or otherwise, regardless of its size or dimension, used as an outdoor
display not related to a use on the lot on which it is located.
BOARDING HOUSE OR ROOMING HOUSE
Shall mean a building or part thereof, other than a hotel/motel
or restaurant, wherein furnished or unfurnished rooms, with or without
cooking facilities are provided for compensation for one or more persons
not related to the owner or proprietor.
BUFFER
Shall mean an area of heavy planting, which may include berms
and/or fencing, so installed to provide both a visual and an acoustical
barrier between properties.
BUILDING
Shall mean a combination of materials to form a construction
adapted to permanent, temporary, or continuous occupancy and having
a roof.
BUILDING - PRINCIPAL
Shall mean a building on a lot in which the principal use
of that lot is conducted.
CABARET
Shall mean an establishment or use which features topless
dancers, go-go dancers, exotic dancers, strippers, male or female
impersonators or similar entertainers.
CAR WASH
Shall mean a building or structure or portion thereof where
vehicles are washed or cleaned as the principal use.
CELLAR
Shall mean any story which is not a "story above grade" as
defined in this section. The term "basement" shall also mean "cellar."
CERTIFICATE OF COMPLIANCE
Shall mean a certificate issued by the Zoning Officer stating
that the building or the proposed use thereof complies with the provisions
of this chapter.
CERTIFICATE OF OCCUPANCY
Shall mean a certificate issued by the Construction Official
or designated representative, pursuant to the respective Borough ordinance
requiring the Certificate of Occupancy, upon completion of the construction
of a new building or upon a change in the use, occupancy, and/or occupants
of a building which certifies that all requirements of this chapter,
or such adjustments thereof which have been granted by the appropriate
agency, and all other applicable requirements, have been complied
with.
CHAPTER
Shall mean a chapter of the Revised Ordinances of the Borough
of Farmingdale.
CHILD DAY CARE CENTER
Shall mean a facility within which child care services for
preschool children thru kindergarten, and/or preschool education including
kindergarten, are provided on a daily basis, and provided the facility
is licensed by the N. J. Division of Youth and Family Services. A
preschool shall be considered a child day care center. For the purposes
of this chapter, a child day care center shall not be considered a
private school or a public school.
CLUB
Shall mean a nonprofit corporation, organization, or association
of persons who are members thereof, which owns or leases a building
or part thereof for the use of members or guests. Food, meals and
alcoholic beverages may be served as an incidental function of this
use, provided that adequate facilities are present and further provided
that all Federal, State and municipal laws are complied with. A club
shall be considered to be a quasi-public use.
CLUSTER DEVELOPMENT
Shall mean the subdivision or development of a tract in which
a portion of the tract may be developed at a greater density or intensity
of land use in exchange for the appropriate reservation, through deed
restriction, of common open space, or land for other public purposes,
on the remainder of the tract.
CODE
Shall mean the Revised General Ordinances of the Borough
of Farmingdale.
CONDITIONAL USE
Shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in this chapter and upon the issuance of an
authorization therefore by the Planning Board.
CONSERVATION EASEMENT
Shall mean the reservation of any portion of a tract or site
by easement, as required by the Planning Board, for the purpose of
protecting and maintaining the natural characteristics of the designated
area which are in existence at the time of the development application.
CROSSWALK OR WALKWAYS
Shall mean a right-of-way, dedicated to public use, to facilitate
pedestrian access through a subdivision or site.
CURB LEVEL
Shall mean the grade at the top of the curb in front of the
midpoint of the lot as established by the Municipal Engineer.
DECK
Shall mean a roofless platform or raised floored area which
is attached to a building.
DEVELOPMENT
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, alteration,
relocation, or enlargement of any building or other structure, or
of any mining, excavation or landfill, and any use or change in the
use of any building or other structure, or land or extension of use
of land, or amendment thereto adopted and filed pursuant to this Act.
DRAINAGE RIGHT-OF-WAY
Shall mean the lands required by the installation of storm
sewers or drainage ditches or lands or interests therein required
along a natural or man-made stream or watercourse for preserving the
channel and providing for the flow of water therein, so as to safeguard
the public against flood damage in accordance with N.J.S.A. 7:13-1,
et seq. as amended and supplemented to date.
DRIVE-IN/DRIVE-THRU RESTAURANT
Shall mean any eating establishment which is designed to
provide, either wholly or in part, service to customers while in their
automobiles on the premises.
DWELLING UNIT
Shall mean a house, trailer, or other structure or a portion
of any building or structure designed, arranged or used for living
quarters for one or more persons living as a single housekeeping unit
with cooking and bathroom facilities, but not including units in hotels,
motels or other similar structures designed for transient residence.
DWELLING UNIT, EFFICIENCY
Shall mean a dwelling unit consisting of a single room or
common space exclusive of bathroom or kitchen facilities.
DWELLING, MULTI-FAMILY
Shall mean a building used or designed as a residence for
four or more families living independently of each other and doing
their own cooking therein, including apartment houses and garden apartments,
but not including townhouses, motels or hotels.
DWELLING, ONE-FAMILY
Shall mean a detached building designed for, or occupied
exclusively by, one family.
DWELLING, THREE-FAMILY
Shall mean a building used or designed as a residence for
three families living independently of each other and doing their
own cooking therein.
DWELLING, TWO-FAMILY
Shall mean a building used or designed as a residence for
two families living independently of each other and doing their own
cooking therein.
EASEMENT
Shall mean a restriction established in a real estate deed,
or shown and defined on the filed map of a subdivision, to permit
the use of land by the public, a corporation, or particular persons
for specific uses.
FACADE
Shall mean the total exterior wall surface, including door
and window areas, of any side of a building.
FAMILY
As included in the term single-family and as may be used
elsewhere in this chapter shall mean one or more persons, limited
in number under the applicable housing code provisions, whether related
by blood, marriage, or adoption, or unrelated, occupying a premises
and living as a single nonprofit bona fide housekeeping unit. This
definition shall not include any society, club, fraternity, sorority,
association, lodge, organization or similar group, nor shall it include
any group of persons whose use or occupancy of any dwelling is or
is intended to be temporary. As utilized herein bona fide housekeeping
unit shall mean a relationship between persons for maintaining a common
household in a style generically characterized by a stability, permanency
and functionality which in all respects, and to all outward appearances,
presents a picture very much akin to that of a traditional family.
FARM
Shall mean a lot, as defined herein, having an area of not
less than five acres and used exclusively for agricultural purposes
as defined by this chapter. A single-family dwelling may be part of
a farm.
FAST FOOD RESTAURANT
Shall mean any restaurant or eating establishment which primarily
serves pre-packaged or pre-made meals for consumption on or off premises.
A fast food restaurant may or may not have tables, and patron obtains
food directly from the dispensing counter. The term "fast food restaurant"
shall include drive-in/drive-thru restaurant.
FENCE
Shall mean a structure above the surface of the ground to
enclose a yard or create a barrier.
FINISHED GRADE
Shall be the ground elevation measured directly adjacent
to a building or structure.
FLOOD FRINGE AREA
Shall mean that portion of the flood hazard area outside
of the floodway based on the total area inundated during the regulatory
base flood plus 25% of the regulatory base flood discharge.
FLOOD HAZARD AREA
Shall mean that portion of the flood plain consisting of
the floodway and the flood fringe area.
FLOOD PLAIN
Shall mean the channel and the relatively flat area adjoining
the channel of a natural stream or river, which has been or may be
covered by floodwater.
FLOODWAY
Shall mean the channel of a natural stream or river and portions
of the flood plain adjoining the channel, which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river.
FLOOR
Shall mean the lower surface of each story, attic or basement
of a building.
FLOOR AREA
Shall mean the horizontal area of a floor of a building measured
from the exterior faces of walls of each such floor.
FLOOR AREA RATIO
Shall mean the gross floor area of all principal and accessory
buildings on a lot divided by the total lot area.
FLOOR AREA, GROSS
Shall mean the area of all floors of a building including
interior halls, mezzanines, and finished storage space, including
basement area. Exterior balconies, garages, and unfinished and unoccupied
basements or attics shall not be included in the calculation of gross
floor area.
GARAGE, PARKING
Shall mean a building which is used for commercial purposes
and is used only for the storage of motor vehicles.
GARAGE, PRIVATE
Shall mean an accessory building or part of a principal building
used only for the storage of motor vehicles as an accessory use. In
a residential zone, a garage is intended for and used for storing
privately-owned motor vehicles, boats and trailers and personal belongings
of the family or families resident in the principal residential use
on the lot.
HEIGHT, BUILDING
Shall mean the vertical distance, in feet, measured from
proposed floor elevation of the first story above grade to the highest
point of the roof, except that where a building has a ground level
parking garage, the height shall be measured from the average elevation
of the floor or the parking garage. Chimneys, spires, water towers,
elevator penthouses, tanks, and similar projections, other than signs,
shall not be included in calculating building height. Mansard roofs
shall be considered a roof for the purposes of determining building
height. Building height in stories shall be measured in stories above
grade.
HEIGHT, STRUCTURE
Shall mean the greatest vertical distance, in feet, measured
any point of a structure, other than a building, to the lowest elevation
of the finished grade as defined in this chapter.
HOME OCCUPATION
Shall mean any gainful employment or occupation of one or
more members of the resident family which shall constitute either
entirely or partly the means of livelihood of such member or members,
and which shall be clearly secondary or accessory to the primary residential
use of the principal structure. Home occupations are normally in the
field of work of the artisan, and may include such activities as dressmaking,
millinery, watch making and repair, electrical and radio repair, and
carpentry such as furniture, or cabinet making. Retail sales are permitted
only as an adjunct to the home occupation, and only those goods or
materials fabricated, repaired or assembled on the premises shall
be permitted to be offered for retail sale on the premises. Automotive
repair shall not be considered a home occupation.
HOME PROFESSIONAL OFFICE
Shall mean professional offices, including medical or dental
offices, located within the residence of the proprietor, which do
not generally require client visits to the site. Examples of such
professions include engineers, architects, accountants, professional
planners, and attorneys.
IMPERVIOUS
Shall mean any ground cover or surface, including buildings,
that water can not readily penetrate. In addition to those surfaces
normally used in paved areas, such as asphalt or portland cement,
impervious surfaces shall include brick, landscape paving stones,
compacted crushed stone, and similar compacted materials. The water
surface of any swimming pool, fountain, pond or brook shall not be
considered to be impervious.
JUNK OR SALVAGE YARD
Shall mean a lot, or structure, or part thereof, used primarily
for the collecting, storage, and sale of waste paper, rags, scrap
metal, or discarded material, or for the collection, dismantling,
storage, and salvaging of machinery and/or motor vehicles.
LANDSCAPED AREA
Shall mean areas containing trees, shrubs, and ground covers,
pervious pedestrian and recreation areas, ponds, streams or any other
areas or features which can be reasonably included, but shall not
include areas occupied by buildings or structures, paving for parking,
loading or access thereto, required buffers, impervious sidewalks,
or areas utilized for outside storage. Required landscaped area shall
be calculated by subtracting any required buffers, and undeveloped
wetlands or floodplains, from the total lot area and multiplying the
remaining lot area by the minimum percent of landscaped area required
for the zone in which the property is located.
LOT
Shall mean 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.
LOT AREA
Shall mean an area of land which is determined by the limits
of the lot lines bounding the area and shall be expressed in terms
of square feet.
LOT COVERAGE - BUILDING
Shall mean the proportion of the lot area, expressed as a
percent, that is covered by the maximum cross section of a building
or buildings, including accessory buildings.
LOT COVERAGE - IMPERVIOUS
Shall mean the proportion of the lot area, expressed as a
percent, that is covered by the maximum cross section of all impervious
surfaces and buildings, including accessory buildings and structures.
LOT DEPTH
Shall mean the shortest horizontal distance between the street
line and the rear lot line.
LOT FRONTAGE
Shall mean the horizontal distance between side lot lines
measured along the street line. The minimum lot frontage shall be
no less than 60% of the required minimum lot width. In the case of
a corner lot, both frontages must meet the required lot frontage.
LOT LINE
Shall mean the boundary line of a parcel of land as shown
on a certified filed map or as defined by a filed map or both. A lot
line shall not be considered unless the lot is legally subdivided.
LOT LINE, REAR
Shall mean the lot line opposite the architectural rear of
a building, or running generally parallel to the front lot line if
no building exists on the lot. Every lot must have a rear lot line
which shall be at least as long as 50% of the required lot width.
LOT WIDTH
Shall mean the straight and horizontal distance between side
lot lines at points on each side lot line measured at the minimum
required building setback line.
LOT, CORNER
Shall mean a lot at the junction of and fronting on two or
more intersecting streets. All lot lines that front on a street shall
be considered front lot lines. The lot lines or lines generally parallel
to the architectural rear of the building shall be considered the
rear lot line or lines.
In the case of a building facing toward the interior angle,
rather than solely on one street frontage, there shall be no side
lot lines, and any lot lines other than those considered front lot
lines shall be considered to be rear lot lines.
Corner lots shall provide the minimum front yard setback
for the respective zone for all intersecting streets. Where a building
faces solely on one street, the required rear yard shall be provided
on the side of the architectural rear of the building.
In residential zones, corner lots on collector, major, or
arterial streets shall have driveway access only to the street of
lesser traffic classification. Such driveway shall be a minimum of
50 feet or 2/3 of the lot frontage, whichever is less, from the corner
of the parcel at the intersection of the streets.
LOT, THROUGH
Shall mean a lot running through from one street to another.
A corner lot shall not be considered a through lot.
MASSAGE SHOP
Shall mean an establishment, business or use which provides
the service of massage and body manipulation including exercises,
heat, and light treatments of the body and all forms and methods of
physiotherapy, unless operated by a medical practitioner or professional
physical therapist licensed by the State of New Jersey.
MLUL
Shall mean the Municipal Land Use Law (N.J.S.A. 40:55D-1,
et seq.).
OPEN SPACE
Shall mean 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 and related to the natural openness of the land.
OWNER
Shall mean any individual, firm, association, syndicate,
copartnership, corporation, trust or any other legal entity having
sufficient proprietary interest in the land sought to be subdivided
to commence proceedings under this chapter to effect a subdivision
of land hereunder for himself or another.
PARKING SPACE
Shall mean an off-street space available for the parking
of a motor vehicle which in this chapter is held to be an area of
nine feet wide and 18 feet long, exclusive of passageways and driveways
appurtenant thereto and giving access thereto, except that all parallel
off-street parking spaces shall have an area of nine feet wide and
22 feet long. Designated parking spaces for the disabled shall comply
with the requirements of the Americans with Disabilities Act. All
parking spaces must be hairpin striped. Hairpin stripes shall be shaped
like a hairpin and shall consist of two minimum four inch wide lines
approximately one foot apart and connected at the end by a loop.
PATIO
Shall mean a grade level outdoor space for dining or recreation
which is paved with impervious materials, stone or wood planking.
PLANNING BOARD
Shall mean the officially appointed Planning Board of the Borough of Farmingdale, New Jersey, pursuant to N.J.S.A. 40:55D-1, et seq. and as provided for in Article
III of this chapter—which Board is designed and implemented to carry out the traditional functions of both a Planning Board and a Zoning Board of Adjustment.
PLAT, FINAL
Shall mean the final map of all or portion of the subdivision which is presented to the Planning Board as provided for in the Land Use Procedures section (Article
III) of this chapter.
PLAT, PRELIMINARY
Shall mean a preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board as provided for in the Land Use Procedures section (Article
III) of this chapter.
PLAT, SKETCH
Shall mean the sketch map of a subdivision of sufficient
accuracy for submission to be used for the purpose of discussion and
classification and meeting the requirements of this chapter.
PORCH
Shall mean a deck, or patio which is attached to a principal
structure, which has a roof.
PORCH - ENCLOSED
Shall mean a porch which has one or more walls, other than
the exterior walls of the principal structure, or is screened or partially
screened during any period of time. An enclosed porch shall be considered
a part of the principal structure for the purpose of determining required
setbacks and maximum lot coverage - building.
PORCH - OPEN
Shall mean a porch which has no walls other than the exterior
walls of the principal structure, and is not screened or partially
screened during any period of time.
PROJECTION
Shall mean an extension of a building which protrudes or
juts out from the vertical plane of the building not more than two
feet.
PUBLIC UTILITY
Shall mean any utility which is operated by a municipal,
county, or State agency or government, or any other utility which
is governed by N.J.S.A. 48:2-13 of the Laws of the State of New Jersey.
RECREATIONAL ESTABLISHMENT
Shall mean an indoor recreational facility such as a health
club, tennis club, gymnasium, batting cages or similar facility for
the purpose of private recreational use.
RIGHT-OF-WAY
Shall mean the land and space required on the surface, subsurface,
and overhead for the construction and installation of materials necessary
to provide passage for vehicular traffic, pedestrians, utility lines,
poles, conduits and mains, signs, hydrants, trees and shrubbery and
the proper amount of light and air as established by local authority,
and shall be measured from lot line to lot line.
SATELLITE ANTENNA OR DISH
Shall mean a dish-shaped antenna used for the purpose of
transmitting or receiving electronic signals.
SCHOOL, PAROCHIAL
Shall mean a facility or use primarily for the education
and instruction of individuals in academic or religious subjects and
operated on a not-for-profit basis, from Kindergarten through Grade
12, and administered, supervised and directly affiliated with an exempted
nonprofit organization.
SCHOOL, PRIVATE
Shall mean a facility or use primarily for the education
and instruction of individuals in vocational, technical, academic,
arts, or similar subjects. Examples of a private school include a
dance studio, modeling school, karate or gymnastics school, vocational
school. A child day care center or preschool shall not be considered
a private school.
SCHOOL, PUBLIC
Shall mean any school operated under the administrative authority
of a duly constituted State, county, regional or municipal Board of
Education.
SCREENING
Shall mean a visual barrier made up of planted or architectural
materials for the purpose of preventing the view of an object or area
by the general public or from adjacent properties.
SERVICE DRIVE
Shall mean a roadway at least 22 feet in width which provides
common access to two or more uses and, where adjacent to a public
right-of-way, is separated from that right-of-way by a planting strip
at least 25 feet wide.
SETBACK
Shall mean the minimum horizontal distance between the front,
rear or side lot lines and the closest part of a structure. When two
or more tax lots under one ownership are used, the exterior property
lines so grouped shall be used in determining setback, provided that
the lots are merged into one parcel. The front setback shall be measured
from any future right-of-way line as adopted in the Master Plan. The
term "setback" is synonymous with "required setback" and shall mean
a line beyond which a structure is not permitted to extend.
SHOPPING CENTER
Shall mean a commercial site consisting of six or more separate
business establishments which would otherwise be permitted within
the zone.
SIGN
Shall mean any device, structure, or object including painted
wall signs for visual communication that is used for the purpose of
advertising the establishment, activity, or property on which the
display is exhibited, but not including any flag of any governmental
or quasi-public club or organization.
SIGN AREA
Shall mean the maximum projected area of the shape which
encloses the sign, device or representation. In the case of lettering
attached to building facades, the sign area shall be the product of
the maximum vertical dimension multiplied by the maximum horizontal
dimension of all lettering and symbols which form the sign, including
the empty space between the letters and symbols.
SIGN, FREE-STANDING
Shall mean a sign not attached to any building. For the purposes
of this chapter, a billboard shall not be considered a freestanding
sign.
SIGN, OVERHANGING
Shall mean a sign attached to and perpendicular to an exterior
wall of a building.
SIGN, ROOF
Shall mean a sign attached on a roof that projects higher
than the highest part of the building. Also includes signs inscribed
or painted on a roof except as required by the Federal Aviation Administration.
SITE PLAN - AMENDED
Shall mean an amendment of an approved site plan provided
that:
a.
The construction and site work on the approved site plan have
not been completed;
b.
Proposed changes are incidental to the approved plan;
c.
And the building square footage, parking and/or loading requirements,
and runoff will not be increased.
SITE PLAN - MAJOR
Shall mean any site plan which is not a Minor Site Plan or
Amended Site Plan.
SITE PLAN - MINOR
Shall mean any proposed alteration of an approved site plan
or building exterior, for which construction has been completed, which
does not involve any of the following:
a.
The creation of or the need for additional parking or loading
spaces;
b.
The construction of additional impervious surface totaling more
than 2% of buildable lot area; or
c.
An increase in building coverage of more than 2% of buildable
lot area.
SPECIFIED ANATOMICAL AREAS
Shall mean:
a.
Less than completely or opaquely covered human genitals, pubic
regions, buttocks, or the female breast area.
b.
Human male genitals in a discernibly rigid or aroused state,
even if completely and/or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Shall mean:
a.
Human genitals in a state of sexual stimulation or arousal.
b.
Acts of human masturbation, sexual intercourse, fellatio, cunnilingus
or sodomy.
c.
Fondling or other erotic touching of human genitals, pubic regions,
buttocks or breasts.
STORY
Shall mean that portion of a building included between the
upper surface of a floor and upper surface of the floor or roof next
above, provided that the minimum distance between the two upper surfaces
is eight feet.
STORY ABOVE GRADE
Shall mean any story having its finished floor surface less
than six feet below finished grade at any single point. A ground level
parking garage shall not be considered a story.
STREAM RIGHT-OF-WAY
Shall mean the distance or width located on both sides of
a stream or watercourse which has been dedicated, deeded or granted
by easement to any government agency for stream right-of-way or which
has been indicated in an officially adopted stream improvement program.
STREET
Shall mean 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 law; 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.
STREET LINE
Shall mean that line determining the limit of the highway
rights of the public. Street line and right-of-way line are synonymous.
STREET, ALLEY
Shall mean a minor way which is used primarily for vehicular
service access to the rear or side of properties otherwise abutting
a street.
STREET, ARTERIAL
Shall mean street used primarily for traveling between communities
and designed to handle greater volumes of traffic than local or collector
streets.
STREET, COLLECTOR
Shall mean those streets which carry traffic from minor streets
to the major and arterial streets.
STREET, CUL-DE-SAC
Shall mean a local dead-end street terminating in a circular
turnaround generally not used for ingress and egress by more than
10 abutting lots.
STREET, LOOP
Shall mean a continuous local street whose entrance and exit
are parallel or nearly parallel to each other and generally not used
for ingress and egress by more than 50 abutting lots.
STREET, MAJOR
Shall mean those streets that form a continuous network connecting
all arterial streets and provide through traffic movements and serve
adjacent commercial, industrial and residential uses.
STREET, MINOR
Shall mean those streets that need be entered only for stopping
at a destination on that street and which need not be used for general
circulation or through traffic.
STREET, RESIDENTIAL
Shall mean a street or portion thereof which is located in
a residential zone.
STRUCTURE
Shall mean 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.
SUBDIVIDER
Shall mean any individual, firm, association, syndicate,
copartnership, corporation, or other legal entity commencing proceedings
to subdivide the land for himself or for another according to the
provisions of this chapter.
SUBDIVISION, AMENDED
Shall mean an amendment to an approved subdivision which:
a.
Does not change the number of lots created by the original subdivision;
b.
Does not create any new variances;
c.
Does not involve additional off-tract improvements, or the alteration
of previously approved off-tract improvements;
d.
Does not involve the reduction of dedicated open space.
SUBDIVISION, MAJOR
Shall mean any subdivision not classified as a minor or amended
subdivision.
SUBDIVISION, MINOR
Shall mean a subdivision of land for the creation of not
more than four lots, provided that such subdivision does not involve:
c.
The extension of any off-tract improvement.
SWIMMING POOL AND TENNIS COURTS, PRIVATE
Shall mean a swimming pool and tennis court located as an
accessory to a residential use on the same lot as the principal use
it serves, is utilized only by the occupant of the residence or his
nonpaying guests and is not operated for profit.
SWIMMING POOL AND TENNIS COURTS, PUBLIC
Shall mean a swimming pool and tennis court open to the general
public or open to members only of a club or organization whether operated
for profit or not.
TATTOO SHOP
Shall mean an establishment, business or use which provides
the services of applying a tattoo more specifically described as an
indelible mark or figure etched on the surface of the body by the
insertion of pigment into the skin.
USE, ACCESSORY
Shall mean a use which is incidental to that of a principal
use on the same lot.
USE, NONCONFORMING
Shall mean a use of a building or land that does not conform
with the provisions of this chapter for the zone in which it is located.
USE, PERMITTED
Shall mean a use of a building or land that conforms with
the provisions of this chapter.
USE, PRINCIPAL
Shall mean the primary purpose for which a specific lot is
designed, arranged, intended or for which it is or may be occupied
or maintained.
USE, PUBLIC
Shall mean any use of land or structures thereon which is
owned and used by the Federal, State, county or municipal governments.
Public use shall also include property not owned by a governmental
entity but is leased or used for that purpose.
USE, QUASI-PUBLIC
Shall mean any use which is a public gathering place but
not publicly owned, is nonprofit, not commercial in nature and not
specifically listed elsewhere as a permitted or conditional use. The
term "quasi-public" shall mean the same as the term "semi-public."
Clubs, as defined in this chapter, shall be considered to be quasi-public
uses.
YARD
Shall mean an open space on the same lot with a principal
building, open, unoccupied and unobstructed by buildings from the
ground to the sky, except as otherwise provided in this chapter. The
minimum required yard shall be the same as required setback.
YARD, FRONT
Shall mean the yard extending across the entire width of
the lot between the street line and the required front setback.
YARD, REAR
Shall mean the yard extending across the entire width of
the lot between the rear lot line and the required rear setback.
YARD, SIDE
Shall mean a yard extending along the side lot line from
the front yard to the rear yard and lying between the side lot line
and the required side setback.