[Amended 9-2-1980 by Ord. No. 14-80; 5-16-1988 by Ord. No.
6-88]
A.
Word usage. Unless the context otherwise indicates,
the following definitions shall be used in the interpretation and
construction of this chapter. Words used in the present tense include
the future; the singular number shall include the plural and the plural
the singular. The word "person" includes any individual, firm, association,
partnership, corporation, syndicate, copartnership, trust or other
legal entity; the word "lot" includes the word "plot"; the word "occupied"
includes the words "designed or intended to be occupied"; the word
"used" shall include the words "arranged, designed, constructed, altered,
converted, rented, leased or intended to be used"; the word "may"
is permissive.
B.
ACCESSORY BUILDING OR STRUCTURE
ACCESSORY USE
ADMINISTRATIVE OFFICER
AFFORDABLE
AGRICULTURE
ALTERATIONS
ANIMAL UNIT
APPLICANT or DEVELOPER
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
APPROVING AUTHORITY, WIRELESS TELECOMMUNICATIONS TECHNOLOGY
AUTOMOTIVE GASOLINE STATION
AUTOMOTIVE SALES AND SERVICES
AUTOMOTIVE SALES LOT
AUTOMOTIVE SERVICE STATION
AWNING, CANOPY
BUFFER
BUILDING
BUILDING FOOTPRINT
BUILDING HEIGHT
BUILDING, PRINCIPAL
CERTIFICATE OF OCCUPANCY
CLINIC, MEDICAL OR DENTAL
CLUB
COMPLETE APPLICATION
CONDITIONAL USE
DENSITY ZONING
DEVELOPMENT
DRAINAGE
DRAINAGE RIGHT-OF-WAY
DRIVE-IN FACILITY
DRIVEWAY
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLINGS, TOWNHOUSE
DWELLING UNIT
DWELLING UNIT DENSITY (RESIDENTIAL DENSITY)
DWELLING UNITS, MARKET-RATE
EATING ESTABLISHMENT
ENCROACH
ENCROACHMENT
ENVIRONMENTAL COMMISSION
EROSION
FACADE
FAMILY
FARM
FENCE
FINAL APPROVAL
FLOOR AREA
FRONT YARD
GARAGE, PRIVATE
GOVERNING BODY
HEALTH CLUBS AND RECREATIONAL FACILITIES
HISTORIC SITE
HOME OCCUPATION
HOMESTEAD
HOUSE
HOUSEHOLD PET
INTERESTED PARTY
LIVESTOCK
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT, FLAG
LOT FRONTAGE
LOT LINE
LOT LINE, REAR
LOT WIDTH
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISION
NURSING HOME
OFF SITE
OFF TRACT
ON SITE
ON TRACT
OPEN SPACE
OVERHANG
PARKING SPACE
PATIO, TERRACE
PERFORMANCE GUARANTY
PERSONAL SERVICE
PLAN
PLANNED COMMERCIAL DEVELOPMENT
PLAT
PRELIMINARY APPROVAL
PRELIMINARY FLOOR PLANS AND ELEVATIONS
PROFESSIONAL OFFICE
PUBLIC AREAS
REAR YARD
RELIGIOUS CAMPUS
RESUBDIVISION
SEDIMENTATION
SETBACK
SIDE YARD
SIGN
SKETCH PLAN
SOLAR PANEL SYSTEM
STORE, RETAIL
STREAM RIGHT-OF-WAY
STREET
STREET, RESIDENTIAL
STREET RIGHT-OF-WAY
STRUCTURE
SUBDIVISION
TOURIST HOME
USE
USE, NONCONFORMING
USE, PERMITTED
USE, PRINCIPAL
USE, PUBLIC
USE, RESIDENTIAL
WIRELESS TELECOMMUNICATIONS ANTENNA (WT ANTENNA)
WIRELESS TELECOMMUNICATIONS COMPOUND (WT EQUIPMENT COMPOUND)
WIRELESS TELECOMMUNICATIONS EQUIPMENT (WT EQUIPMENT)
WIRELESS TELECOMMUNICATIONS FACILITIES (WT FACILITIES)
WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER (WT SERVICE PROVIDER)
WIRELESS TELECOMMUNICATIONS TECHNOLOGY (WT TECHNOLOGY)
WIRELESS TELECOMMUNICATIONS TOWER (WT TOWERS)
YARD
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
A building or structure, the use of which is customarily
incidental to that of the principal building located on the same lot.
When an accessory building is attached by a roof to a principal building
or structure, it shall be considered a part thereof.
[Added 4-18-2005 by Ord. No. 5-05]
A use of the land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot as the principal use.
[Added 4-18-2005 by Ord. No. 5-05]
The Zoning Officer.
Having a sales price or rent within the means of a low- or
moderate-income household as defined in N.J.A.C. 5:93-7.4, or for
housing developed in accordance with the third-round rules of the
New Jersey Council on Affordable Housing, as defined by N.J.A.C. 5:94-7.
[Added 11-21-2005 by Ord. No. 30-05]
The growing of crops; raising or breeding of horses, sheep,
dairy, poultry or other farm livestock; orchard, woodlot, reforestation,
nursery or greenhouses; or other agricultural purposes. "Agricultural
land" shall include open or wooded areas, ponds, brooks, swamps and
meadows.
A charge or rearrangement in the structural parts or in the
existing facilities which alter the use of the building, or an enlargement,
whether by extension of a side or by increasing in height or by moves
from one location or position to another. The addition or expansion
of dormers is to be considered an enlargement.
Livestock nominally equivalent to a one-thousand-pound animal
needing one acre more or less of area to sustain its needs. The animal
unit would translate to one horse, one cow or cow with calf, two five-hundred-pound
steers, five two-hundred-pound ewes, etc.
[Added 4-18-2005 by Ord. No. 5-05]
The legal or beneficial owner of a lot or of any land proposed
to be included in the proposed development, including the holder of
an option or contract to purchase or other person having an enforceable
proprietary interest in the land.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to law.
The Planning Board or the Board of Adjustment of Mendham,
as the case may be.
The Planning Board or Board of Adjustment, as the case may be, shall be the approving authority for applications submitted under § 215-12.6.
[Added 5-5-2008 by Ord. No. 4-08]
Any establishment servicing motor vehicles with fuel and
oil, but not including repairs, changing of tires or any other replacement
of accessory parts.
Any establishment selling motor vehicles new and used, supplies
and accessories and including service and repair facilities, but not
solely the storage of vehicles.
Any establishment with space for the sale and storage of
new or used motor vehicles, but not including the dispensing of gasoline
and fuel, service repairs or solely the storage of vehicles.
Any establishment servicing motor vehicles with gas, oil,
lubrication services, lubricants and other service work and vehicle
maintenance supplies and parts and equipment not requiring extensive
or prolonged mechanical work for installation. Service work regularly
offered should be limited to oil changes, lubrication, minor tuneups,
installation of batteries, tires, wiper blades and similar equipment,
wheel balancing and alignment and the replacement of minor mechanical
parts, such as hoses, spark plugs, ignition wiring, points, alternators,
water pumps and similar parts not requiring major engine or drivetrain
dismantling.
A roof-like cover that projects from the wall of a principal
or accessory building for the purpose of shielding a doorway or window
from the elements. Awnings may be either fixed or retractable.
[Added 2-21-2023 by Ord. No. 01-2023]
An area consisting of trees, shrubs, solid fencing, earth
berm or a combination of all, so installed as to provide both a visual
and an acoustical barrier between properties. Solid fencing may be
substituted to meet only part of the requirement and must be supplemented
with planting to soften the appearance.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.[1]
The area within the perimeter of a building measured at the
foundation. It shall include roofed areas and any cantilevered portions
of the building. The term "building footprint" shall not include open
uncovered patios, decks, unroofed stoops or stairs or roof projections.
It shall not include one-story open porches or porticos extending
up to 12 feet zero inches from the exterior walls of a structure.
Any portion extending more than 12 feet zero inches from the exterior
walls shall be included in the building footprint. A "porch" or "portico"
shall be defined as an outdoor roofed space attached to a structure
without screens, walls or windows (rails are allowed). The porch or
portico may have an occupiable deck as long as the roof deck does
not have an enclosure of any kind beyond a rail around the perimeter.
[Added 6-17-2002 by Ord. No. 06-02;
amended 7-15-2002 by Ord. No. 07-02]
The vertical distance to the top of the highest point of
the building measured from the average elevation of the proposed finished
grade at each corner of the building next to the foundation. Building
height shall include all roof-mounted appurtenant structures, fixtures
and equipment, including but not limited to chimneys, antennas, HVAC
equipment, tanks, cupolas, and similar projections. In the event that
a building or part thereof does not have corners, the measurement
shall be done in the manner prescribed above at minimum ten-foot intervals
around the perimeter of the building.
[Amended 6-17-2002 by Ord. No. 06-02]
A building on a lot in which the principal use of that lot
is conducted.
A certificate issued by the Construction Official or designated
representative upon completion of the construction of a new building
or upon a change in the use 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.
Any place used for the administering of medical or dental
treatment free or at a low cost; or any place used as an inpatient
or outpatient medical or dental treatment center wherein certain medical
and dental conditions and disorders are treated primarily through
surgical intervention that is not commonly performed in normal, private
medical or dental practice.
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. Said club or lodge shall have been
principally established for the promotion of a common objective and
shall be distinctly not considered as a semipublic use. 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.
An application form completed as specified by this chapter
and the rules and regulations of the approving authority and all accompanying
documents required by this chapter for approval of the application
for development, including, where applicable, but not limited to a
site plan or subdivision plat, provided that the approving authority
may require such additional information not specified in this chapter
or any revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the approving authority. An application shall be certified as complete
immediately upon the meeting of all requirements specified in this
chapter and shall be deemed complete as of the day it is so certified
by the administrative officer for purposes of the commencement of
the time period for action by the approving authority.
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 approval thereof by the
Planning Board.
A permitted reduction in lot size and lot area requirements
in major subdivisions in which the density requirements, as to dwelling
units per acre, are maintained and where all resulting undeveloped
land within said subdivision is deeded to the Borough of Mendham for
public purposes, the Board of Education of the Borough of Mendham
for school purposes or to a homeowners' association composed of the
individual owners of the homes and of said subdivision.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
[Amended 11-21-2005 by Ord. No. 30-05]
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
[Amended 6-7-1999 by Ord. No. 15-99]
The lands required for the installation of stormwater sewers
or drainage ditches or those required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood.
A facility which is designed to provide, either wholly or
in part, service to customers while in their automobiles parked or
standing upon the premises.
The accessway servicing a single residential or commercial
building lot.
A building used or designed as a residence for three or more
families living independently of each other and having separate utilities,
separate cooking facilities and separate entrances, including apartment
houses and garden apartments.
A detached building designed for or occupied exclusively
by one family or for any other use of single-family dwellings protected
by state statute.
[Amended 6-15-1998 by Ord. No. 14-98]
A building designed for or occupied exclusively by two families
living independently of each other and having separate utilities,
separate cooking facilities and separate entrances.
Two or more single-family dwelling units which are attached
to each other by a common wall, together with individual rear and
front entrances. A townhouse unit may have a front and/or rear yard
design as an integral part of each unit, or all townhouse units in
a complex may share common outside facilities in conformance with
an approved site plan. A townhouse dwelling unit has its own separate
storage area and heating system and is considered to be an independent
operating unit.
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.
The average number of dwelling units, regardless of unit
size, per acre of ground in a given location or area.
Housing units not restricted to low- and moderate-income
households that may sell at any price determined by a willing seller
and a willing buyer.
[Added 11-21-2005 by Ord. No. 30-05]
Includes restaurant, delicatessen, luncheonette, sandwich
shop or tavern.
To break the plane of a vertical or horizontal regulatory
limit with a structural element, so that it extends into a setback.
[Added 2-21-2023 by Ord. No. 01-2023]
Any structural element that breaks the plane of a vertical
or horizontal regulatory limit, extending into the setback.
[Added 2-21-2023 by Ord. No. 01-2023]
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The total wall surface, including door and window areas,
of a building's face. Each wall surface shall be considered a separate
facade.
One or more persons occupying a premises and living as a
single housekeeping unit with shared cooking and bathroom facilities.
Nothing herein contained shall be deemed to interfere with or restrict
the placement of children in a group home pursuant to N.J.S.A. 40:55D-66(c)
or any other use of single-family dwellings protected by state statute.
All commercial residences, nonfamilial institutional uses (except
for community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill and community residences for persons with head
injuries), boarding homes and other such occupancies shall be excluded
from one-family zones.
[Amended 6-15-1998 by Ord. No. 14-98]
An area of land which is actively devoted to agricultural
or horticultural use which occupies no less than five acres, exclusive
of the land upon which the farmhouse is located, and such additional
land, in conformance with the minimum lot size of the residential
zone in which the farm is located, as may actually be used in connection
with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5
and 54:4-23.11.
A vertical structure erected as a barrier, enclosure or screening
and extending or suspended between posts or other supports; or a stone
or rock wall. As used in this chapter, the term "fence" shall include
the term "wall."
[Added 6-7-1999 by Ord. No. 17-99; amended 12-2-2002 by Ord. No.
10-02]
The official action of the approving authority taken on a
preliminarily approved major subdivision or site plan after all conditions,
engineering plans and other requirements have been completed or fulfilled
and the required improvements have been installed or guaranties properly
posted for their completion or approval conditioned upon the posting
of such guaranties, which, in the case of subdivision, shall be filed
with the proper county recording officer.
The sum of the gross horizontal areas in a building enclosed
by an exterior wall, excluding open porches, balconies, stairwells
and elevator shafts, equipment rooms, crawl spaces, patios, carports
or loading areas and all floors below the first or ground floor. Attached
garages and interior vehicle parking areas shall be included in calculating
floor area.
[Added 2-18-1997 by Ord. No. 1-97]
A space extending across the full width of a lot between
the sideline of the traveled way of any street and the nearest part
of the principal building on the lot. Stoops, steps, and unroofed
terraces and balconies projecting not more than 60 inches from a building,
including portico roofs or awnings covering stoops or steps, shall
not be construed as part of the building, unless such a projection
is being added to a building that is already nonconforming with respect
to its front yard setback.
[Added 4-18-2005 by Ord. No. 5-05; amended 6-3-2013 by Ord. No.
6-13]
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.
The Mayor and Borough Council of the Borough of Mendham.
Facilities primarily devoted to the preservation, maintenance,
encouragement or basic development of physical fitness or physical
well-being through physical exercise; or establishments/facilities
devoted to the development of a particular physical skill, or activity
or enjoyment of one specific sport including, but not limited to,
aerobic centers, children's gyms or play spaces; martial arts schools;
dance schools; gymnastics schools; weight control centers; metabolic
or nutrition centers or single-sport facilities (e.g., swim clubs,
tennis clubs or racquetball clubs).
[Added 8-11-2020 by Ord.
No. 09-2020]
Any building, structure, area or property that is significant
in its history, architecture, archaeology or culture and has been
so designated in the application for the Mendham Historic District
National Register of Historic Sites.
An individual craft or skill, such as dressmaking, millinery,
cooking, pottery or a teacher giving lessons to one pupil at a time,
conducted entirely within a dwelling and carried on by the occupants
thereof, which use is clearly incidental and secondary to the use
of the dwelling for residential purposes.
That portion of an agricultural, horticultural or residential
parcel of land actually utilized for the residence building(s) and
for domestic and residential purposes (e.g., children's play area,
home garden, recreational space, or finished, landscaped areas).
[Added 4-18-2005 by Ord. No. 5-05]
A building designed and equipped for occupancy as a residential
dwelling unit.
A domestic animal which is tamed, associated with family
life, and accustomed to living within a residential domicile in space
shared with the human residents.
[Added 4-18-2005 by Ord. No. 5-05]
In an administrative proceeding before a municipal agency,
any person, whether residing within or without Mendham Borough, whose
right to use, acquire or enjoy property is affected by any action
taken under this chapter or whose rights to use, acquire or enjoy
property under this chapter or under any other law of this state or
the United States have been denied, violated or infringed by an action
or failure to act under this Code.
Animals, other than household pets, normally associated with
agricultural or similar uses, including horses, cattle, sheep, or
other domesticated, nonhousehold animals.
[Added 4-18-2005 by Ord. No. 5-05]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
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. Any portion of a lot included in a street right-of-way shall
not be included in calculating lot area.
A lot at the junction of and fronting on two or more intersecting
streets when the interior angle of intersection does not exceed 135°.
All lot lines that front on a street shall be considered front lot
lines. The lot line generally parallel to the rear of the building
shall be considered the rear lot line. In the case of a building facing
toward the interior angle rather than solely on one street frontage
or the other, there shall be no side lot line, and any lot line other
than those considered front lot lines shall be considered to be rear
lot lines. On corner lots, principal buildings shall be set back from
each street bordering the corner lot at least the minimum front setback
applicable to the zone district where the property is located. Corner
lots on collector, major or arterial streets shall have driveway access
only to the street of lesser traffic classification.
[Amended 4-18-2005 by Ord. No. 5-05]
The proportion of the area of a lot, expressed as a percent,
that is covered by the maximum horizontal cross section of a building
or buildings, including accessory buildings, and all other improvements,
such as driveways, walkways, patios and pools.
The shortest horizontal distance between the street line
and the nearest part of a rear lot line. The greater frontage on a
corner lot shall be its depth.
A lot not meeting minimum frontage requirements and where
access to the public road is by a narrow access strip. The front line
of a flag lot, exclusive of the access strip (for yard and setback
purposes), shall be that line most close in proximity and most closely
parallel to the associated street.
[Added 4-18-2005 by Ord. No. 5-05]
The horizontal distance between side lot lines measured along
the street line. The minimum lot frontage shall be the same as the
lot width, except that on curved alignments with an outside radius
of less than 500 feet, the minimum distance between the side lot lines
measured at the street line shall not be less than 80% of the required
minimum lot width. In the case of a corner lot, either street frontage
which meets the minimum frontage required for that zone may be considered
the lot frontage.
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 valid unless legally subdivided.
Every lot must have a rear lot line. Said rear lot line shall
be generally parallel to the street line, including a curved street
line, and shall be at least as long as 50% of the required lot width.
The straight and horizontal distance between side lot lines
at setback points on each side lot line measured an equal distance
back, horizontal from the street line. The minimum lot width shall
be measured at the minimum required building setback line. Where side
lot lines are not parallel, the minimum lot width at the street line
shall be not less than 80% of the required minimum lot width. The
lesser frontage of a corner lot shall be its width.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5 and cash.
[Amended 6-7-1999 by Ord. No. 15-99]
Any subdivision not classified as a minor subdivision.
The composite of one or more written or graphic proposals
for the development of Mendham duly adopted by the Mendham Planning
Board.
Any subdivision of land for the creation of not more than
three lots fronting on an existing approved public street, provided
that such subdivision does not involve a planned development, does
not involve any new street, does not involve the extension of any
off-tract improvement, the cost of which is to be prorated pursuant
to N.J.S.A. 40:55D-42, and does not adversely affect the development
of the remainder of the parcel or adjoining property or conflict with
any provision or portion of the Master Plan or this chapter, provided
further that in the event that more than one minor subdivision from
any tract of land is submitted within a five-year period from the
date of approval of the first minor subdivision, then said subsequent
subdivision shall be construed as a major subdivision and processed
accordingly. Notwithstanding the foregoing, the Planning Board may
construe and process the same as a minor subdivision if the prior
subdivision was either a conveyance of a small parcel of land (less
than a building lot) between adjoining property owners primarily for
the purpose of straightening or correcting boundaries or a conveyance
of a parcel of land to any government, governmental agency or public
utility which possesses the power of eminent domain.
A facility for two or more convalescent or aged people which
may include kitchen facilities, recreation areas and similar necessary
adjunct uses for patient care.
Located outside the lot lines of the lot in question but
within the property of which the lot is a part, which is the subject
of a development application, or on a contiguous portion of a street
or right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designed or reserved for public or private
use or enjoyment or for use and enjoyment by owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
The part of a roof or wall that extends beyond the façade
of a lower wall.
[Added 2-21-2023 by Ord. No. 01-2023]
An off-street space available for the parking of a motor
vehicle 10 feet wide and 20 feet long, exclusive of passageways and
driveways appurtenant thereto and giving access thereto, except that
all parallel off-street parking spaces shall be 10 feet wide and 22
feet long. Handicapped spaces shall be 12 feet wide and 20 feet long.
A level, landscaped, and/or surfaced area directly adjacent
to a principal building and not covered by a permanent roof.
[Added 2-21-2023 by Ord. No. 01-2023]
Any security which may be accepted by Mendham, including
cash, provided that not more than 10% of the total performance guaranty
may be required in cash.
As used to describe a type of business enterprise, a service
performed on or closely related to the physical person, such as barbering,
custom tailoring, manicuring, shoeshining and the like.
The proposal for the development of land, including a plat
of subdivision; all covenants relating to use; location and bulk of
buildings and other structures; intensity of use or density of development;
public or private streets, ways and parking facilities; open space;
and public facilities. The phrase "provisions of the plan," shall
mean the written and graphic materials referred to in this definition.
Any area of minimum contiguous size, as specified in this
chapter, to be developed as a single entity containing one or more
structures with appurtenant common areas to accommodate retail or
office uses, or both.
A map or maps of a subdivision or site plan pursuant to the
provisions of this chapter.
The conferring of certain rights prior to final approval
after specific elements of a development plan have been agreed upon
by the approving authority and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
The office of an accountant, architect, attorney, dentist,
engineer, physician, planner, realtor or such similar use as interpreted
by the Zoning Board of Adjustment.
Includes public parks, playgrounds, trails, paths and other
recreational areas; other public open spaces; scenic and historic
sites; and sites for schools and other public buildings and structures.
A space extending across the full width of a lot between
the rear lot line and the nearest part of any building on the lot.
Stoops, steps, terraces and balconies projecting not more than 60
inches from a building shall not be construed as part of the building
unless such projections are roofed.
[Added 4-18-2005 by Ord. No. 5-05]
A campus under the ownership or control of a single entity
containing the living quarters of a religious order and other buildings
and structures as required for the administrative, spiritual, and
health needs and well-being of the members of the religious order
and ancillary functions, including religious retreat accommodations
and housing for support staff, including caretakers, within the permitted
density limits of the zone district.
[Added 12-7-2015 by Ord.
No. 7-15]
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law; or 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.
[Amended 6-7-1999 by Ord. No. 15-99]
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
The minimum horizontal distance between the street, rear
or side lot lines and the closest part of any building. When two or
more lots under one ownership are used, the exterior property lines
so grouped shall be used in determining setbacks. 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 building or structure is not
permitted to extend.
A space extending from the rear yard to the front yard between
either side lot line and the nearest part of any building on the lot.
Stoops, steps, terraces and balconies projecting not more than 60
inches from a building shall not be construed as part of the building
unless such projections are roofed.
[Added 4-18-2005 by Ord. No. 5-05]
Any device, structure or object, including painted wall signs for visual communication, that is used for the purpose of advertising the property or establishment upon which the display is exhibited. See § 215-8 of this chapter.
The sketch design of a subdivision or site plan of sufficient
accuracy to be used for the purposes of discussion and classification
and meeting the requirements of this chapter.
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power and/or
heat, and includes flat plate or tubing, focusing solar collectors,
or photovoltaic solar cells which shall be limited to the roof of
a building or structure and shall not include ground-mounted systems.
[Added 11-18-2013 by Ord. No. 11-13]
A building or portion thereof used for bales and display
of goods for use or consumption by the purchaser.
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 as been
indicated in an officially adopted stream improvement program.
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 law; or which
is shown on a plat duly filed and recorded in the office of the county
recording officer prior to the appointment of the 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.
[Amended 6-7-1999 by Ord. No. 15-99]
A street or portion thereof which is located in a residential
zone.
That line determining the limit of the highway rights of
the public.
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.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions if
no new streets are created: divisions of land found by the Planning
Board or subdivision committee thereof appointed by the Chairperson
to be for agricultural purposes where all resulting parcels are five
acres or larger in size; divisions of property by testamentary or
intestate provisions; divisions of property upon court order, including
but not limited to judgments of foreclosure; consolidation of existing
lots by deed or other recorded instrument; and the conveyance of one
or more adjoining lots, tracts or parcels of land, owned by the same
person or persons and all of which are found and certified by the
administrative officer to conform to the requirements of the municipal
development regulations and are shown and designated as separate lots,
tracts or parcels on the Tax Map or atlas of the municipality. The
term "subdivision" shall also include the term "resubdivision."
[Amended 6-7-1999 by Ord. No. 15-99]
A dwelling unit in which overnight accommodations are provided
or offered for transient guests for compensation.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
[2]A use of a building or land that does not conform to or is
not specified with the provisions of this chapter for the zone in
which it is located.
A use of a building or land, as specified and in conformity
with the provisions of this chapter, in the zone in which it is located.
A use which is the major use of the lot. In any residential
zone, a dwelling on a lot shall be deemed the principal use of that
lot.
Any use of land or structures thereon which is owned or leased
and used by the federal, state, county or municipal governments.
The use of a building as a dwelling unit.
Any antenna of any type of design which is or may be used for the delivery of wireless telecommunications, except for any radio antenna, dish antenna or satellite receiving station as may be regulated elsewhere in Chapter 215.
[Added 5-5-2008 by Ord. No. 4-08]
The area which houses any combination of WT equipment.
[Added 5-5-2008 by Ord. No. 4-08]
Any building, structure or equipment, including, without
limitation, transmitters, power sources or other equipment, except
antennas or towers, which are or may be used for the delivery of wireless
telecommunications.
[Added 5-5-2008 by Ord. No. 4-08]
Collectively, any WT antennas, WT equipment, WT equipment
compound and WT towers.
[Added 5-5-2008 by Ord. No. 4-08]
Any person, business organization or other entity of any
kind, whether public or private, which seeks to install, operate or
maintain any combination of WT technology within the boundaries of
the Borough of Mendham or which already operates or maintains such
WT technology as of the effective date of this Ordinance No. 4-08.
[Added 5-5-2008 by Ord. No. 4-08]
Any personal wireless services as defined in the Telecommunications
Act of 1996, which includes FCC-licensed commercial wireless telecommunications
services, including cellular, personal communication services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paging and similar services that currently exist or that may
in the future be developed. It does not include any amateur radio
facility that is owned and operated by a federally-licensed amateur
radio station operator or is used exclusively for receive-only antennas
nor does it include noncellular telephone services. Collectively,
the term refers to all wireless technology antennas, equipment, compounds
and towers.
[Added 5-5-2008 by Ord. No. 4-08]
A vertical structure which is or may be used to support any
WT antenna or other WT equipment, whether freestanding or attached
to any existing structure.
[Added 5-5-2008 by Ord. No. 4-08]
An open space that lies between a lot line and the principal
or accessory building, as the case may be, nearest to the lot line.
The minimum required yard as set forth in the chapter shall be unoccupied
and unobstructed by any structure from the ground upward, except as
specifically provided in this chapter (e.g., fences, as permitted).
The minimum required yards are equivalent to the respective minimum
required setbacks. At front and rear corners of lots, side yard setbacks
must be observed, as well as the applicable front or rear yard setbacks.
[Added 4-18-2005 by Ord. No. 5-05]
