A.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
B.
ACCESSORY HOUSING
ACCESSORY STRUCTURE
ACCESSORY USE
AGRICULTURE
ALTERATION
AREA OF A SIGN
BASEMENT
BOARDER
BUFFER
BUILDING
CELLAR
COMMERCIAL VEHICLES
COMMON OPEN SPACE
COMMON OWNERSHIP
CONDITIONAL USE
CORNER LOT
DWELLING OR DWELLING UNIT
DWELLING UNIT
FAMILY
FLOOR AREA
FREESTANDING SIGN
GARAGE, PRIVATE
GARAGE, PUBLIC
(1)
(2)
(3)
(4)
GROUND FLOOR
HEIGHT OF STRUCTURE
HELIPORT
HELISTOP
HOME OCCUPATION
(1)
(2)
(3)
(4)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
INSTITUTIONAL USE
INVERTER
LOT
LOT AREA
MAJOR SOLAR INSTALLATION
MINOR SOLAR INSTALLATION
MULTIFAMILY DWELLING
NONCONFORMING USE
OFFICE
OFF-PREMISES SIGN
ONE-FAMILY DWELLING
OPEN SPACE
OPEN-SPACE DEVELOPMENT
PARKING AREA
PARKING SPACE
PHOTOVOLTAIC PANEL
PLANNED RESIDENTIAL DEVELOPMENT
PREMISES
PREVAILING SETBACK
PRIME FARMLAND
PRINCIPAL STRUCTURE
PRINCIPAL USE
PROFESSIONAL OFFICES
PUBLIC BUILDING
ROOMER
SCREEN
SERVICE STATION, AUTOMOTIVE
SIGN
SINGLE OWNERSHIP
SITE PLAN
SOLAR ENERGY SYSTEM
STORE, RETAIL
STORE, WHOLESALE DISPLAY
STORY
STORY, HALF
STREET
STRUCTURE
TRAILER
TRAVEL TRAILER AND RECREATIONAL VEHICLE
TRUCKING TERMINAL
(1)
(2)
(3)
(4)
USE
WAREHOUSE
WOODED SITE
YARD
YARD DEPTH
YARD, FRONT
YARD LINE
YARD, REAR
YARD, REQUIRED
YARD, SIDE
For the purpose of this chapter, the following words and their derivations
shall have the meanings given herein:
A unit constructed within an existing or proposed single-family detached dwelling or housing known as "ECHO housing" or its equivalent. Such a unit shall not be prohibited under the provisions of § 105-6 of this Code.
[Added 6-10-1996 by Ord. No. 96-10]
A separate, subordinate structure on the same lot with a
principal structure and devoted exclusively to an accessory use.
A use naturally and normally incident and subordinate to
the principal use of a structure or lot.
The use of land or buildings for growing food crops, plants,
trees, shrubs and flowers for profit and the raising or breeding of
poultry and domesticated livestock limited to horses, ponies, cattle,
sheep and goats, whether for profit, personal consumption or enjoyment.
To change the supporting members of a structure, to add to
or reduce the size of a structure, to change the use from that permitted
in one zone to a use permitted in another, to convert a structure
or a part thereof or to move a structure from one location to another.
Computed as the product of the largest horizontal width and
the largest vertical height of the lettering, illustration, display
or background. This shall not be construed to include the supporting
members of any sign which are used solely for such purpose. If the
lettering, illustration, display or background is attached directly
to the face of a building, the height or width of the sign shall be
the height or width of the largest letter, illustration, display or
background, whichever is greater. For signs with two display faces,
the maximum area requirement shall be permitted on each side. Signs
with more than two display faces are prohibited.
A portion of the building partly underground but having less
than 1/2 of its clear height below the average grade of the adjoining
ground. (See "cellar.")
A person who is not related to the head of the household
and who pays for the privilege of boarding.
An area of land within a property or site, generally adjacent
to and parallel with a property line to allow adequate screening of
view, noise, or activity taking place within the property or site
from adversely affecting an adjoining property or the public right-of-way.
[Added 3-2-2023 by Ord. No. 2023.004]
A structure having a roof supported by columns, walls or
similar structural parts, used or intended to be used for the housing,
enclosure or shelter of persons, animals or property of any kind.
For the purpose of this definition, the term "roof" shall include
an awning or other similar covering, whether or not permanent in nature.
A portion of the building partly underground, having 1/2
or more than 1/2 of its clear height below the average grade of the
adjoining ground. (See "basement.")
Commercially licensed vehicles of any kind, except passenger
cars and station wagons, which do not have commercial advertising,
lettering, signs or names and addresses on the exposed portions thereof,
provided that the word "signs" does not apply to the usual trademarks
or labels of the manufacturer or dealer.
A parcel or parcels of land or an area of water or a combination
of land and water within a residential development and designed and
intended for the use or enjoyment of residents and owners of the development.
"Common open space" may contain such complementary structures and
improvements as are necessary and appropriate for the benefit and
enjoyment of residents and owners of the development.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons jointly.
A use which, by virtue of its own peculiar characteristics,
may be permitted in particular areas only after review, public hearing
and approval by the Board of Adjustment.
[Amended 7-6-1987]
A lot at the junction of and having frontage on two or more
intersecting streets.
A building or portion thereof designed or used as the residence
or sleeping place of one or more persons, including one-family, two-family
and multiple dwellings, apartment-hotels and boarding- and lodging
houses, but not including motels, tourist cabins, trailers, tents
or similar permanent or movable structures.
One or more rooms, designed, occupied or intended to be occupied
as a separate living quarter, with cooking, sleeping and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household.
[Added 6-10-1996 by Ord. No. 96-10]
A person or any number of persons related by blood, marriage
or legal adoption, including inservants and foster children, living
together as a single, nonprofit housekeeping unit and using certain
rooms and cooking facilities in common.
The sum of the horizontal areas of the floor or floors of
a building which are enclosed and usable for human occupancy. Said
areas shall be measured from the inside face of exterior walls or
from the center line of walls separating two dwelling units. Said
areas shall not include areas below the average level of the adjoining
ground, garage space or accessory building space.
Any sign supported by uprights or braces placed upon or in
the ground and not attached to any building.
A detached accessory building or portion of the principal
building designed primarily for the storage of passenger vehicles
and commercial vehicles with a rated capacity not exceeding 3/4 ton.
A principal building in which a business involving one or
more of the following is conducted or rendered:
New and used motor vehicle sales and rental.
The sale of motor fuels and motor vehicle parts.
Body repair, major engine repair and motor vehicle maintenance
operations, including the installation of tires, mufflers, brakes,
seat covers and similar parts.
Automatic car wash operations, but not including coin-operated
washing mechanisms or the washing of motor vehicles by customers.
The floor area which is at or above the average level of
the adjoining ground.
The vertical dimension, measured from the average elevation
of the finished lot, measured from at a point six feet from the foundation
to the highest point of the dwelling, not including chimneys, steeples
and other such ornamentation.
[Amended 9-6-2007 by Ord. No. 07-10]
An area of defined dimension designated for the landing and
takeoff of helicopters and used solely for that purpose. Such area
shall be limited to the operation of helicopters which are owned or
controlled by the owner or the occupant of the premises. Such area
may include passenger and cargo facilities, maintenance and overhaul
facilities, fueling service, storage space, tie-down spaces, hangars
and other accessory buildings.
[Added 12-6-1993 by Ord. No. 18-93]
An area of defined dimensions designated for the landing
and takeoff of helicopters and used solely for that purpose. Such
area shall be limited to the operation of helicopters which are owned
or controlled by the owner or the occupant of the premises. Such area
may not include any refueling, maintenance, repair or hangar facilities,
except that a tie-down area may be provided, and limited to the accommodation
of a single aircraft.
[Added 12-6-1993 by Ord. No. 18-93]
It is the Township's objective to permit the operation of
small enterprises which could generally be considered businesses if
established elsewhere as freestanding uses which when practiced within
a residence are clearly and without doubt to an ordinary observer
looking at the property a secondary adjunct to the principal residential
function of the property. A "home occupation" is an occupation or
profession which:
[Amended 12-7-1992 by Ord. No. 25-92]
Is carried on in the residential structure and occupies no more
than 50% of the gross living area of any one floor of the existing
living space, not to exceed 1,000 square feet.
Is carried out by a member of the family residing in the structure.
Is clearly incidental and secondary to the use of the dwelling
for residential purposes.
Conforms to the following additional conditions:
The occupation or profession shall be carried on wholly within the principal building, or accessory structure as regulated in § 105-62.
No more than two persons not residing within the residence may
be employed.
There is no exterior evidence of the "home occupation" other
than a nameplate sign.
No offensive noise, vibration, smoke, dust, odors, heat or glare
shall be discernible at any property line.
All required parking shall be accommodated on site.
There shall be no external storage of business vehicles or materials.
[Amended 12-4-1999 by Ord. No. 99-17]
There shall be no greater than normal traffic flow occasioned
by the operation of the use, either in number of vehicles or type
of traffic.
A nonprofit public, private or quasi-public use, such as
a church, school, library, hospital, club, lodge and fraternal, civic,
service or charitable organization.
An electrical device that converts the energy created by
a photovoltaic panel or wind turbine to a voltage that can be tied
into and utilized by the local electrical utility company.
[Added 3-2-2023 by Ord. No. 2023.004]
A legally subdivided parcel of land, exclusive of any adjoining
street and with boundaries determinable from official records. In
the event that more than one plot or lot, as set forth on any map
filed in the Warren County Clerk's office or as set forth on the present
or future tax maps of the Township of Liberty, is used, in part or
in full, with one or more other such lots for the erection of a building
and its accessories, including yards required by this chapter, the
aggregate of all such lots shall, for the purpose of this chapter,
be deemed to be one "lot."
The total area included within the lot lines. Where the property
line extends to the center of a street and the street right-of-way
width has not been determined, the area of a lot, for the purpose
of this chapter, shall not include land within 25 feet of the center
line of the street. Where a right-of-way width is shown on either
a subdivision map, a Master Plan or an Official Map, the area of the
lot shall not include any portion of the actual or proposed right-of-way.
A freestanding solar energy system installation whose principal
permitted use is to provide electricity to the local or regional electrical
grid beyond the requirements of an otherwise permitted or proposed
on-site principal or accessory use.
[Added 3-2-2023 by Ord. No. 2023.004]
A solar energy system installation either roof- and/or ground-mounted,
or a combination thereof, comprised of 1,000 or fewer square feet,
designed to provide for some or all the electrical needs for an existing
or proposed principal use on site.
[Added 3-2-2023 by Ord. No. 2023.004]
A building designed or used as a residence consisting of
two or more dwelling units, e.g., townhouses, patio houses or other
units separated by a vertical common wall, but not exceeding 2 1/2
stories in height
[Added 6-3-1991 by Ord. No. 8-91]
A use of any building, structure or land which existed prior
to the passage of this chapter and which use does not conform to the
regulations of the district in which it is located.
A building or portion thereof used as the place of business
of a person, corporation, firm or public agency for professional services
and administrative and executive purposes, as distinguished from a
shop or store.
A sign which advertises a business which is not conducted
or a product which is not sold on the lot where the sign is located.
A building containing one dwelling unit only and not occupied
or designed for occupancy by more than one family.
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
area may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
[Added 6-3-1991 by Ord. No. 8-91]
A tract of land to be developed according to plan containing
single-family detached housing which has common or public open space
as an appurtenance.
[Added 6-3-1991 by Ord. No. 8-91]
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for use as a service
or privilege to guests, licensees, clients, customers, suppliers or
residents. It shall include driveways and access drives located within
the lot area.
The off-street parking area for one motor vehicle, Such "parking
space" shall have an area of not less than 200 square feet, exclusive
of access drives or aisles, shall be a minimum of 10 feet in width,
measured perpendicular to the axis of the length, and shall have adequate
provision for ingress and egress on the property.
A photovoltaic device used to convert sunlight into electricity,
also referred to as a "solar panel" or "solar collector." This is
a component of a solar energy system.
[Added 3-2-2023 by Ord. No. 2023.004]
An area with a specified minimum contiguous acreage of 25
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
public or quasi-public uses all primarily for the benefit of the residential
development
[Added 6-3-1991 by Ord. No. 8-91]
A lot, including any buildings or structures thereon.
The average front yard setback of homes located not more
than 200 feet from either side of a dwelling. The prevailing setback
is used to determine the allowable encroachment of improvements to
homes into the existing regulated front yard setback.
[Added 2-7-2008 by Ord. No. 08-01]
Shall be as defined by the NRCS (Natural Resources Conservation
Service), the USDA, and the Code of Federal Regulations, 7 CFR 657.
"Prime farmland" is defined as land that has the best combination
of physical and chemical characteristics for producing food, feed,
forage, fiber, and oilseed crops and that is available for these uses.
It has the combination of soil properties, growing season, and moisture
supply needed to produce sustained high yields of crops in an economic
manner if it is treated and managed according to acceptable farming
methods. In general, prime farmland has an adequate and dependable
water supply from precipitation or irrigation, a favorable temperature
and growing season, an acceptable level of acidity or alkalinity,
an acceptable content of salt or sodium, and few or no rocks. Its
soils are permeable to water and air. Prime farmland is not excessively
eroded or saturated with water for long periods of time, and it either
does not flood frequently during the growing season or is protected
from flooding.
[Added 3-2-2023 by Ord. No. 2023.004]
A structure arranged, adapted or designed for the predominant
or primary purpose for which a lot may be used.
The primary or predominant use of the premises.
The office of a professional person, limited to architects,
doctors, dentists, engineer, lawyers, accountants, insurance or real
estate brokers or agents, music teachers, photographers and artists
and the like, provided that such professional person resides on the
premises. No more than two persons, other than a resident of the premises,
may be employed by such professional person, and not more than 1/2
of the floor area of one story or the basement shall be devoted to
such use. No merchandise or materials, either assembled or unassembled,
may be received into a residence for the purpose of assembling, fabricating,
storing or reselling. No use permitted by this section shall result
in any permitted professional use operating in this zone in other
than a building strictly residential in appearance. Except for permitted
signs, there shall be no physical evidence of said use visible from
the exterior of the building so used.
[Added 8-7-1989 by Ord. No. 689]
A building which is used by a governmental agency.
A person who is not related to the head of the household
and who pays for the privilege of rooming.
A structure, berm or planting, consisting of fencing and/or
evergreen trees or shrubs, providing a continuous view obstruction
within a site, property, or a portion thereof.
[Added 3-2-2023 by Ord. No. 2023.004]
A building and premises in which or upon which is conducted
a business involving the retail sale and direct delivery to motor
vehicles of gasoline and lubricating oil, which business may or may
not include facilities for lubricating, washing or otherwise servicing
motor vehicles, but not including facilities for body repair work,
painting or other major repairs.
Any announcement, declaration, demonstration, billboard,
display, illustration or insignia used to promote or advertise the
interests of any person, group of persons, company, corporation, service
or product when the same is placed, erected, attached, painted or
printed, whether inside or outside the building, where it may be viewed
from the outside of any structure on the premises where placed.
Ownership by one person or ownership by two or more persons
jointly of a separate lot not adjoining land in the same ownership.
A plan of a lot or subdivision on which is shown topography,
location of all existing and proposed buildings, structures, roads,
rights-of-way, boundaries, all essential dimensions and bearings and
any other information deemed necessary by the Planning Board in unusual
or special cases.
A complete design or assembly consisting of solar energy
collectors, solar energy inverters, an energy storage facility (where
used), an electrical utility connection point, utility infrastructure
(for major solar installations), and components for the distribution
of transformed energy.
[Added 3-2-2023 by Ord. No. 2023.004]
A building or part thereof in which or from which merchandise
or services are furnished directly to the public.
A building or part thereof where merchandise is displayed
for sale and sold at wholesale, but where no goods, wares, merchandise
or material is warehoused.
That portion of a structure included between the surface
of a floor, excluding basement and cellar floors, and the surface
of the next floor above or, if there is no floor above, then the space
between the floor and the ceiling next above.
That portion of a building situated above a story with a
minimum height of five feet where the walls meet a sloping roof and
having a minimum average height of 7 1/2 feet.
Any public or private right-of-way commonly used by the public
for motor vehicle movement and which is approved for purposes of issuing
building permits.
Anything constructed or erected which requires permanent
or temporary location on the ground or attachment to something having
such location, excluding unroofed patios, agricultural fences five
feet in height and under and retaining walls not along a boundary
line. For the purpose of determining compliance with setback requirements,
a "structure" shall include porches and decks above finished grade,
steps and any other permanent part of the structure. For the same
purpose, it shall not include structures, such as fuel oil tanks,
septic tanks and leaching pools, which are completely buried under
finished grade.
A wheel-based noncommercial vehicle that is designed to be
transported by traction and which is used or may be used as a dwelling
or for the transportation or storage of goods, materials, livestock
or any object.
A vehicular portable structure built on a chassis, designed
as a temporary dwelling for travel, recreation and vacation, having
its body width not exceeding eight feet and its body length not exceeding
32 feet.
Motor freight terminals, motor and truck transfer stations,
motor and truck depots, motor and truck storage sites, truck stops
and truck repair facilities.
[Added 12-7-1981]
MOTOR FREIGHT TERMINALA structure serving a point or junction of a motor freight transportation line which may or may not include servicing facilities.
MOTOR AND TRUCK TRANSFER STATIONA structure serving as a point or junction of a transportation line.
MOTOR AND TRUCK STORAGE SITEA structure or location for the storage of trucks or parts thereof or truck cargoes.
TRUCK STOPA facility selling gasoline or diesel fuel and further providing a restaurant or overnight accommodations.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A building used for the storage of goods and materials accessory
to a principal permitted use.
[Amended 3-2-2023 by Ord. No. 2023.003]
Any site or portion thereof with trees or shrubs defined
as in any 1/2-acre plot that is 30% or more tree covered consistent
with the definition of "forest" as set forth in N.J.A.C. 7:38-3.9.
[Added 3-2-2023 by Ord. No. 2023.004]
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in the chapter is unoccupied and unobstructed from the ground
upward except as may be specifically provided in this chapter.
[Added 11-14-2002 by Ord. No. 2002-10]
The shortest distance between a lot line and a yard line.
[Added 11-14-2002 by Ord. No. 2002-10]
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at the closest point to the front lot line.
[Added 11-14-2002 by Ord. No. 2002-10]
A line drawn parallel to a lot line at a distance therefrom
equal to the depth of the required yard.
[Added 11-14-2002 by Ord. No. 2002-10]
A space extending across the full width of the lot between
a principal building and the rear lot line and measured perpendicular
to the building to the closest point of the rear lot line.
[Added 11-14-2002 by Ord. No. 2002-10]
The open space between a lot line and the yard line within
which no structure shall be located except as provided in this chapter.
[Added 11-14-2002 by Ord. No. 2002-10]
A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicular
from the side lot line to the closest point of the principal building.
[Added 11-14-2002 by Ord. No. 2002-10]
