Borough of Avon-by-the-Sea, NJ Article II Definitions and Descriptions

§ 113-5 Definitions and Word Usage.

A. Usage. Words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; the word "lot" includes the words "plot", "premises" and "tract"; the word "shall" is mandatory and not discretionary.

B. Terms not defined. Any word or term not defined herein shall be used with a meaning of standard usage. Moreover, whenever a term is used in the chapter that is defined in N.J.S.A. 40:55D-1, et seq., such term is intended to have the meaning as defined in N.J.S.A. 40:55D-1, et seq., unless specifically defined to the contrary in this chapter.

C. Definitions. For the purposes of this chapter, certain phrases and words are herein defined as follows:

ACCESSORY APARTMENT FOR LOW AND MODERATE INCOME HOUSEHOLDS

A self-contained dwelling unit with a kitchen, toilet facilities, sleeping quarters and a private entrance that is occupied by a low or moderate income household as defined by COAH.

ACCESSORY BUILDING, STRUCTURE OR USE

A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. Any building or structure that is attached to the principal building shall be considered to be a part of the principal structure and shall comply in all respects with the requirements applicable to the principal building. For the purpose of this chapter, detached garages, sheds, "garage apartments" and "cottages/bungalows" are deemed accessory buildings.

ADMINISTRATIVE OFFICER

Borough Administrator of the Borough of Avon-by-the-Sea, Monmouth County, New Jersey.

[Amended 3-9-2020 by Ord. No. 1-2020]

ALTERATIONS OR ADDITIONS, STRUCTURAL

Any change in or additions to the supporting members of a building such as walls, columns, beams, girders, posts or piers.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-36. The term "Development Application" shall mean the same as "Application for Development".

BASEMENT

A story having more than fifty (50%) percent of its clear height below the average finished contact grade along the outside walls of the building.

BILLBOARD

Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds, giving the name and occupation of the user of the premises, the nature of the business conducted therein or the products primarily sold or manufactured therein. Multimedia and digital billboards and signs are prohibited in the Borough of Avon-by-the-Sea.

[Amended 3-9-2020 by Ord. No. 1-2020]

BOARDWALK

An elevated public right-of-way located along the beach or ocean front constructed of wooded boards and/or concrete and supported by wooden or concrete piles used for the purpose of pedestrian traffic to promenade along the beach front and as access to amusement piers, stores and commercial establishments and such other public and semi-public buildings. The definition of "boardwalk" shall also include all appurtenant access ramps and stairs.

BREEZEWAY

A covered, unenclosed walkway.

BUILDING

A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.

BUILDING COVERAGE

See "Lot Coverage, Building"

BUILDING HEIGHT

The vertical distance measured to the highest point of the roof of a structure from the crown of the road directly opposite the center of the front lot line. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories be within said footage. In the event that a building or structure is located within twenty (20) feet of a lane, the height of the building or structure shall be measured from the higher of the highest point on the crown of the lane directly opposite the rear of the site or the crown of the road directly opposite the center of the front lot line.

CARPORT

A temporary or permanent roofed structure, either free standing or attached to another structure or building, that is not fully enclosed by solid walls and/or doors, and is utilized for the purpose of storing or parking vehicles, boats or materials. For the purpose of this definition, cloth or plastic sheeting shall not be considered a solid wall.

COAH

New Jersey's Council on Affordable Housing

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefore by the Planning Board.

COTTAGE/BUNGALOW

A one (1) story, detached dwelling, used for occupancy located on a lot that is also occupied by a larger principal residential structure. A "cottage/bungalow" shall be an accessory to the principal dwelling on the residential lot.

DECK, IMPERVIOUS

An impervious platform that is attached to or part of the principal structure. Impervious decks shall be considered part of the lot coverage, building.

[Amended 5-9-11 by Ord. No. 6-2011]

DECK, PERVIOUS

A pervious, unroofed platform, either freestanding or attached to a building, that is supported by wood framing, pillars, posts or sleepers at grade. Pervious decks shall not be permitted to be included as part of the minimum 50% pervious surface requirement. Pervious decks shall be considered part of the 50% impervious lot coverage.

[Added 5-9-11 by Ord. No. 6-2011; amended 3-9-2020 by Ord. No. 1-2020]

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; or of any mining, excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land for which a building permit or development application approval is required.

DRIVEWAY

An area consisting of a paved or compacted stone surface for the purpose of providing vehicular access to off-street parking spaces or, in the case of a single-family or two-family residential use, also providing required off-street parking.

DWELLING

A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one (1) family. The dwelling unit shall be self-contained and shall not require the use of outside stairs, common hallways, passing through another dwelling or other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another dwelling.

DWELLING, ACCESSORY

Any dwelling located in an accessory building.

DWELLING, DETACHED

A dwelling that is located in a building physically detached from other buildings or portions of buildings, which is occupied or intended to be occupied solely for residential purposes by one (1) family and which has its own sleeping, sanitary, kitchen and general living facilities.

FAMILY

The term "family" as included in the term single family and as may be used elsewhere in this chapter shall mean one or more persons, limited in number under the applicable housing code provisions, whether related by blood, marriage, or adoption, or unrelated, occupying a premises and living as a single nonprofit bona fide housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization or similar group, nor shall it include any group of persons whose use or occupancy of any dwelling is or is intended to be temporary. As utilized herein bona fide housekeeping unit shall mean a relationship between persons for maintaining a common household in a style generically characterized by a stability, permanency and functionality which in all respects, and to all outward appearances, presents a picture very much akin to that of a traditional family.

FENCE

A structure of wood, iron or other building materials, which may or may not include a gate, erected or interposed in, on or upon any lot line or any lot or tract of land.

[Amended 3-9-2020 by Ord. No. 1-2020]

FENCE, ORGANIC

Any arrangement of three or more hedges, bushes, shrubs, trees or other living plantings arranged in a manner that forms a fence-like or visual barrier.

[Added 3-9-2020 by Ord. No. 1-2020]

FIRST FLOOR AREA

The residential portion of a dwelling unit, excluding basements, garages, carports, porches and breezeways, measured by using the outside dimensions of the residential portion of the building. For a split-level, bi-level or tri-level dwelling, the area shall be considered to be the sum of the areas of two (2) adjoining levels, excluding basements and garages, provided both levels are connected by permanent, built-in stairs in the interior of the building.

GARAGE APARTMENT

An accessory dwelling unit located on the second floor of a private garage. All garage apartments shall have a minimum of one (1) direct access from the exterior of the garage structure.

GARAGE, RESIDENTIAL

A building or portion of a building, which is fully enclosed, located on a lot of which the principal use is residential, which is utilized for the primary purpose of storage of motor vehicles and for the secondary purpose of the storage of household items and belongings. The storage area above a garage shall be nonhabitable and provide no more than six feet of standing room from the top of the floor framing to the roof framing/collar ties at the underside of the roof.

[Amended 3-9-2020 by Ord. No. 1-2020]

GARAGE, RESIDENTIAL ATTACHED

A garage that is an integral part of the principal building.

GARAGE, RESIDENTIAL DETACHED

A freestanding residential garage that is not an integral part of the principal building.

GARDEN APARTMENT

A building, in which there are 4 or more dwelling units, where the entirety of each dwelling unit is located on one (1) floor. The dwelling units may be owned or individually rented. If owned individually, the structure, common areas and facilities shall be owned by all the owners on a proportional, undivided basis.

GROSS FLOOR AREA

The area measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio. Only those floor areas that have a ceiling height of seven and one-half (7 1/2) feet or more and those areas used for storage in non-residential uses shall be included in the gross floor area.

GROUND LEVEL APARTMENT

A dwelling unit located at ground level in an existing or former garage.

HEDGE

A continuous row of shrubs forming a substantial visual barrier.

HOTEL

A building which contains transient guest rooms, each having its only access from a central interior corridor or individual outside entrance, which are designed or intended to be used, let or hired out for compensation; contains a public lobby or public registration office serving the guest rooms; may contain one (1) or more dining rooms; and has full-time, on-site management. This definition shall also mean and include any motor hotel or motel which is commonly regarded as a motor hotel or motel, as the case may be, or bed and breakfast, provided that this definition shall not be construed to include any building or structure defined as a multiple-dwelling in this chapter, registered as a multiple-dwelling with the New Jersey Commissioner of Community Affairs as required under the Hotel and Multiple-Dwelling Health and Safety Law, N.J.S.A. 55:13A-1, et seq., and occupied or intended to be occupied as such.

IMPERVIOUS SURFACE

Any surface or compacted material that is substantially resistant to infiltration by water. For the purposes of this chapter, the following shall be considered impervious surfaces: swimming pools, parking spaces, driveways, patios, sidewalks, and walkways - regardless of surface material. Products being marketed as pervious pavement, pervious pavers, or similar, crushed shells and gravel/crushed stone or similar surfaces shall be considered impervious for the purposes of this chapter. Exception: stone planting beds that are part of a landscaped area and are not used as part of yard area or foot traffic shall be considered pervious for the purpose of this chapter. A minimum area of three feet by the width of the door/stair shall be considered "impervious surface" regardless of material and shall be provided at every door-to-exterior-grade or stair-to-exterior-grade location. Exception: Air-conditioning units and emergency generators compliant with § 113-11C(10) shall not be required to be included in impervious surface calculations.

[Amended 3-9-2020 by Ord. No. 1-2020]

INTERESTED PARTY

In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this law or whose rights to use, acquire or enjoy property under this law or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under N.J.S.A. 40:55D-1 et seq.

LANE

A public right-of-way providing access to the rear of lots, which also have frontage on a public street. For the purpose of this chapter with regard to zoning criteria such as lot frontage, front yard setbacks, tree and hedge height and similar criteria a lane shall not be considered to be a street.

LOADING SPACE

An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading with fifteen (15) feet vertical clearance.

LOT

Any parcel of land separated from other parcels of portions as by a subdivision plat or deed of record, survey map, or by metes and bounds except that no portion of a public street shall be included in calculating the lot boundaries or areas.

LOT AREA

The area contained within the lot lines of a lot not including any portion of a street or lane right-of-way. For those properties located on tidal waterways, lot area shall include only that portion of the lot that is located above the mean high water line.

LOT CORNER

A lot on the junction of any abutting two (2) or more intersecting streets, or the intersection of a street and river or lake.

LOT COVERAGE, BUILDING

The square footage or other area measurement by which all buildings occupy a lot, expressed as a percentage of total lot area. Building area shall be measured on a horizontal plane around the periphery of the foundations of the building and shall also include: the area under the roof of any structure supported by columns but not having walls, as measured around the outside of the outermost extremities of the roof above the columns, and sheds or similar structures. Patios, decks, driveways, uncovered steps or walks shall not be included. Included in the building coverage shall be the area under floor cantilevers that extend beyond the periphery of the foundation and whose purpose is increased living space. For the purpose of this definition, total lot area shall exclude any portion of any lot that is located below Mean High Water Line. The terms "building coverage" and "lot coverage" shall mean lot coverage, building.

LOT COVERAGE, IMPERVIOUS

The proportion of the lot area, excluding any lot area below Mean High Water Line, expressed as a percent, that is covered by the maximum plan area of all impervious surfaces, patios, and buildings, including accessory buildings. The term "impervious coverage" shall mean lot coverage, impervious.

LOT DEPTH

The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.

LOT FRONTAGE

The horizontal distance between lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width, except that on the outside of curved alignments with an outside radius of less than five hundred (500) feet, the minimum distance between the side lot lines measured at the street line shall not be less than seventy-five (75%) percent of the required minimum lot width. In the case of a lot with multiple street frontages, each street frontage shall meet the minimum frontage required for that zone.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE

Any line forming a portion of the exterior boundary of a lot. A street line shall be considered a lot line for that portion of a lot abutting a street.

LOT LINE, FRONT

Any lot line along a street, river, or lake.

LOT LINE, REAR

Any lot line perpendicular to the width of the lot and not along a street, except for the purposes of this chapter, any lot line along a lane shall be considered a rear lot line.

LOT WIDTH

The straight and horizontal distance between side lot lines measured at points where the minimum required building setback line intersects each side lot line. The lesser frontage of a corner lot shall be its width.

MAINTENANCE GUARANTEE

Any security acceptable to the Governing Body to assure the maintenance of duly approved improvements installed by the developer after final acceptance of the improvement and in accordance with Article X of this chapter.

MLUL

The New Jersey Municipal Land Use Law.

NONCONFORMING LOT

A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

OFFICIAL MAP

A map adopted in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or any prior act authorizing such adoption. Such map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.

PARKING SPACE

An area of not less than nine (9) feet wide by eighteen (18) feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

PATIO

A horizontal structure consisting of concrete, gravel, wood, brick, or other similar material, the surface of which is situated on compacted soil or fill material. A driveway as defined in this chapter shall not be considered a patio. All patios shall be considered impervious surfaces for the purposes of calculating impervious coverage.

PERFORMANCE GUARANTEE

Any security in accordance with the requirements of Article X of this chapter which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.

PERGOLA

See Trellis.

[Added 5-9-11 by Ord. No. 6-2011]

PERMITTED USE

Any use of land or buildings as permitted by this chapter.

PIER

A structure extending into water for use as a landing place or promenade.

PLANNING BOARD

Shall mean and include the nine member Planning Board as established pursuant to N.J.S.A. 40:55D-25 and shall exercise, to the same extent and subject to the same restrictions, all the powers of a Board of Adjustment, but the Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70, resulting in a seven member board. The Planning Board shall mean and include all references to the Planning Board, Joint Land Use Board and Zoning Board of Adjustment as used in this chapter.

PLAT

Means the map of a subdivision or site plan and is used interchangeably in the chapter with "Plan"

(1) SKETCH PLAT The sketch map of a subdivision of sufficient accuracy to be used for the purposes of discussion and classification and meeting the requirements of § 113-38.1 of this chapter.

(2) PRELIMINARY PLAT The preliminary map indicating the proposed layout of the subdivision or site plan that is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of § 113-38 of this chapter.

(3) FINAL PLAT The final map of all or a portion of the subdivision or site plan that is presented to the Planning Board for final approval in accordance with these regulations.

PORCH

A roofed entrance, piazza, or portico not more than one story in height. A front porch may project beyond the main building into the required front yard area no more than 10 feet as measured to the outer extremity of the porch roof above. A front "porch" shall not be enclosed permanently or temporarily with any type of material, nor shall there be any construction between the roof and the floor of the porch except for columns or posts necessary for the support of the roof or an open safety railing which shall present no more than a minimal obstruction to view; provided, however, that an open wire mesh removable screening may be permitted during the spring and summer months. Porches shall be considered part of the principal building for the purpose of calculating building coverage.

[Amended 3-9-2020 by Ord. No. 1-2020]

PRINCIPAL USE

The main purpose for which a lot or building is used.

PUBLIC PURPOSE USES

The use of land or buildings by the Governing Body of the Borough or any officially created authority or agency thereof.

RESTAURANT, DRIVE-IN OR TAKE-OUT

Any establishment where food is served, which may or may not have tables, but which is essentially designed to dispense quick, ready-made food of limited variety. The patron obtains food directly from the dispensing counter for consumption on or off premises. The term "fast food restaurant" shall include drive-in/drive thru restaurant.

RESTAURANT, SIT DOWN

An establishment where food is sold on premises to seated patrons who are served by waiters or waitresses. Restaurants may serve "take-out" orders as an accessory use only.

RESUBDIVISION

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

SATELLITE ANTENNA OR DISH

Any dish shaped antenna used for the purpose of transmitting or receiving electronic signals.

SETBACK LINE

A line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line lot line.

SHED

An accessory structure utilized for the purpose of storage of household items and belongings, but not for the purpose of storage of automobiles.

SHRUB

A plant that has a mature height of less than twenty-five (25) feet.

SIDEWALK

A paved surface located within a public right-of-way, utilized for the primary purpose of facilitating pedestrian traffic.

SIGHT TRIANGLE

A triangular-shaped portion of land established at intersections of streets in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Plants located within the lines of sight triangles shall not exceed a height of 30 inches at maturity.

[Added 3-9-2020 by Ord. No. 1-2020]

(1) Main thoroughfares: a line connecting the two points 25 feet from the street-side edge of the curb of each intersecting street.

(2) Lanes: a line connecting the two points 20 feet from the curb of the intersecting street and along the edge of the lane as measured along the property line.

SIGN

Any building, structure or portion thereof on which any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public. Multimedia and digital signs are prohibited in the Borough of Avon-by-the-Sea.

[Amended 3-9-2020 by Ord. No. 1-2020]

SITE PLAN REVIEW

The examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the municipality.

STORY

That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall be considered a ceiling.

[Amended 5-9-11 by Ord. No. 6-2011]

STORY ABOVE GRADE

Any story having less than fifty (50%) percent of its clear height below the average finished contact grade along the outside walls of the building.

STORY, HALF

The area under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two (2) feet above the surface of the floor of such a story and any dormers are sized so that at least forty (40%) percent of the total floor area of the half story contains a ceiling height five (5) feet or less. Floor plans submitted for living space in attic areas shall be provided with a line delineating the extents of the floor area with a height equal to or greater than five (5) feet. Further, the plans shall include the ratio of attic floor space containing a ceiling height equal to or greater than five (5) feet divided by the full floor space of the story below.

[Added 5-9-11 by Ord. No. 6-2011]

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which: is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by N.J.S.A. 40:55D-1, et seq.; or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, a lane shall not be considered to be a street.

STREET LINE

The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot. In the case of a lot abutting a body of water, the term "street line" shall also include the property line adjacent to said body of water.

STRUCTURE

Anything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including buildings, fences, tanks, towers, signs, advertising devices, swimming pools, tennis courts, decks and patios.

SUBDIVISION

The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: divisions of property upon court order; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one (1) or more adjoining lots, tracts, or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map of the Borough. The term "subdivision" shall also include the term "resubdivision".

(1) MINOR SUBDIVISION Any subdivision of land fronting on an existing street that does not involve one of the following: the creation of more than three (3) lots (two [2] new lots and the remaining parcel); a planned development, as defined by the New Jersey Municipal Land Use Law; any new street; or the extension of any off-tract improvement.

Any readjustment of lot lines resulting in no new lot(s) shall be classified as a "minor subdivision."

(2) MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision.

SWIMMING POOL, PORTABLE

Portable pools shall not be subject to the requirements of Article V and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface area of one hundred (100) square feet; have a depth of less than eighteen (18) inches; and do not require braces or supports.

SWIMMING POOL, PRIVATE RESIDENTIAL

Private residential swimming pools shall mean and include artificially constructed pools, whether located above or below the ground, having a depth of more than eighteen (18) inches and/or a water surface of one hundred (100) square feet or more; designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use to a detached dwelling.

TOWER

Any above ground structure, whether free standing or attached to another structure or building, higher than the permitted height of a principal building in a zone, utilized for the purpose of transmitting or receiving electronic signals, or for the storage of liquids.

TOWNHOUSE

A dwelling in a line of three (3) or more connected dwellings. Each dwelling may have no more than two and one half (2 1/2) stories and may not be constructed one dwelling unit over the other.

TREE

A plant with a mature height of twenty-five (25) feet or greater.

TRELLIS

A structure consisting of pillars that support cross beams and open lattice that forms an open, horizontal or pitched roof structure for the purpose of supporting vegetation or providing shade. A trellis, pergola or similar style structure shall be considered a solid roofed structure for the purpose of this chapter, and shall be included in the lot coverage, building. A trellis shall not be permitted in a front yard.

[Added 5-9-11 by Ord. No. 6-2011]

WALKWAY

A constructed surface that is not located in the public right-of-way that is utilized for the primary purpose of facilitating pedestrian traffic.

WALL, FREESTANDING

A structure constructed of masonry, concrete, brick, stone, wood or similar material that acts like a fence; the portion of a retaining wall that extends above grade. A freestanding wall shall be governed by the same regulations as a fence. A freestanding wall shall be included in lot coverage, impervious if the wall structure contains a width exceeding six (6) inches. A freestanding wall that is part of a landscaped garden and does not exceed twelve (12) inches in height from original grade shall not be governed by the same regulations as a fence; this shall include garden walls that retain an artificial change in grade for the purpose of a landscaped garden.

[Added 5-9-11 by Ord. No. 6-2011]

WALL, RETAINING

A structure constructed of masonry, concrete, brick, stone, wood or similar material provided to retain a natural vertical change in grade. If any portion of the wall extends more than six (6) inches above the higher grade, this portion of the wall shall be considered a freestanding wall. A retaining wall shall not be considered a fence. Retaining walls shall be permitted in all zones to a maximum height of three feet six (3' 6") inches.

[Added 5-9-11 by Ord. No. 6-2011]

YARD, FRONT

An open space extending across the full width of the lot and lying between the front lot line, and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight front lot line or the tangent lines of curved front lot lines. The minimum required front yard shall be the same as the required setback, and shall be required on all yards facing streets, rivers or lakes except as otherwise permitted in this chapter.

YARD, REAR

An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. The minimum required rear yard shall be the same as the required rear setback.

YARD, SIDE

An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines.