As used in this article, the following terms shall have the meanings indicated:
ACCESSORY BUILDING OR USE A use or structure customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or building. (See §
188-23.)
AIR RIGHTS The control over construction above the ground, right-of-way, building or other structure by the owner of the property above which construction is sought.
AUTOMOBILE SALES LOT An open area, other than a street, which is used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
BASEMENT A story partly underground but having less than half of its clear height below finished grade. A "basement" shall be considered a story for purposes of height measurement in determining the permissible number of stories.
BILLBOARD Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than those on a building or its grounds giving the name and occupation of the user of the premises, the nature of the business conducted thereon or the products primarily sold or manufactured. (See definition of "sign" and §
188-32.)
BUILDING Any structure having a roof supported by columns, posts or piers and enclosed by walls and intended for the shelter, business, housing or enclosing of persons, animals or property and including tents, lunch wagons and trailers.
BUILDING, COMMUNITY A public building for civic, social, educational, cultural or recreational activities of a neighborhood or community.
BUILDING COVERAGE The square footage or other area measurement by which a building or structure occupies the land as measured at the grade line around the foundation.
BUILDING, HEIGHT The vertical dimension measured from the average elevation of the finished lot grade to the highest point of roofline, excluding dish antennas and the like.
[Amended 4-20-2010 by Ord. No. O-10-016]
CARPORT An attached or detached accessory building designed for the storage of motor vehicles and constructed primarily as an open-sided building with only a roof and the necessary supporting columns and of an area between the columns not to exceed 300 square feet.
CELLAR A story partly underground and having more than one half (1/2) of its clear height below the finished grade. A "cellar" shall not be considered a story for purposes of height measurement in determining the permissible number of stories.
CLINIC A place where patients are studied or treated by physicians specializing in various ailments and practicing as a group.
COMMERCIAL VEHICLE Includes every type of motor-driven vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise.
COURT An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by the building.
DISTRICT Any part of the territory of the Township to which certain uniform regulations and requirements of this article apply. (See §
188-21.)
DRIVEWAY Any area providing parking or access to paved parking spaces.
DWELLING A building or portion thereof which is designed or used exclusively as the living quarters for one or more families.
(1) DWELLING, APARTMENTA multifamily building containing seven or more dwelling units. See "garden apartment" and "high rise."
(3) DWELLING, FOUR-FAMILYA building occupied or intended to be occupied for residence purposes by four families living independently of each other and each with their own sleeping, cooking and sanitary facilities.
(4) DWELLING, MULTIFAMILYA building containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other each with their own sleeping, cooking and sanitary facilities.
(6) DWELLING, SEMIDETACHEDA two-family dwelling with one dwelling unit attached and located beside the other separated by a party or common wall, whether or not the wall is a fire wall.
(8) DWELLING, THREE-FAMILYA building occupied or intended to be occupied for residence purposes by three families living independently of each other and each with their own sleeping, cooking and sanitary facilities.
(9) DWELLING, TWO-FAMILYA building containing two dwelling units only and occupied or intended for occupancy for residence purposes by two families living independently of each other and each with its own sleeping, cooking and sanitary facilities.
(10) DWELLING UNITA building or part thereof having cooking, sleeping and sanitary facilities for one family.
EFFICIENCY UNITS A dwelling unit in an apartment consisting of a bath and cooking facilities separated from the main room by a permanent partition with folding or sliding doors and one large room without permanent separations to be used for living, dining and bedroom facilities.
EXAMINATION ROOM Any room used for testing, inspecting, investigation or treatment of patients as distinguished from a waiting room, counseling room or offices and where special medical or dental equipment may be installed to assist in the examination or treatment.
FAMILY One or more persons customarily living together as a single, nonprofit housekeeping unit and who are engaged in a stable and continuing housekeeping relationship.
[Amended 10-2-1979 by Ord. No. G-165-79; 4-16-1991 by Ord. No. G-306-91]
FLOOR AREA RATIO (F.A.R.) The gross floor area, in square feet, of a building or group of buildings on a lot divided by the area, in square feet, of the lot.
[Added 4-20-2010 by Ord. No. O-10-017]
| | Total gross floor area | |
| F.A.R. = | | |
| | Total lot area | |
GARAGE (1) COMMERCIALA building used for parking trucks and other motor vehicles used for delivery or other commercial purposes.
(2) PRIVATEAn accessory building or portion of a main building for parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory and constructed of substantially the same materials as the main building. Garage floors in all residential zones shall be no less than 12 inches above the established center line elevation of the roadway. Garage doors shall not exceed a height of eight feet.
(3) PUBLICA building or part thereof other than a private garage used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicle accessories or where such vehicles are kept for hire.
GARDEN APARTMENT A multifamily dwelling with seven or more dwelling units and not exceeding 35 feet in height or not more than three livable floors above ground level.
GROSS FLOOR AREA Gross floor area shall be measured by using the outside dimensions of the building, excluding the area of an attached garage and excluding the area used as a basement. Only those floor areas which have a ceiling height of seven feet or more shall be eligible for inclusion in the "gross floor area."
HOME OCCUPATION A professional occupation of a service character located in a residence. The occupation shall be conducted solely by a resident occupant of the residential building, except that no more than one person, not a resident of the building, may be employed and provided also that no more than 350 square feet or the equivalent of 40% of the first floor area of the building, whichever is smaller, shall be used for such purposes and that no display of products shall be visible from the street; that the residential character of the building is not changed; that no sign shall be displayed exceeding a maximum of two square feet; that the occupation is conducted entirely within the dwelling; that no occupational sounds are audible outside the building; that no article is offered for sale on the premises; and that no machinery or equipment is used which will cause electrical or other interference with radio or television reception in adjacent residences as set forth in the definition of "professional occupations."
HOSPITAL An institution where ill or injured persons may receive medical, surgical or psychiatric treatment, nursing, food and lodging during illness.
IMPERVIOUS LOT COVERAGE That portion of one lot or more than one lot which is improved or is proposed to be improved with principal and accessory buildings and structures, including driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface which are more impervious than the natural surface.
[Added 4-20-2010 by Ord. No. O-10-015]
JUNKYARD The use of any area of a lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles not in operating condition or other vehicles or machinery or parts thereof. (See §
188-36.)
LIVABLE FLOOR The floor area of rooms other than those used for closets, bath, common hallways or utility purposes.
LOADING SPACE An off-street space or berth to the side or the rear of a building or group of buildings for temporary parking of commercial vehicles while loading or unloading materials.
LOT A piece or parcel of land abutting on a street whose area is sufficient to provide the yard space for the district in which it is located as required in this article and conforms to the minimum area requirements of this article. Only one building and its accessory buildings shall be erected on one "lot."
(1) LOT AREAThe acreage or square footage of a lot contained within the lot lines of the property.
(2) LOT, CORNERA lot on the junction of and abutting on two or more intersecting streets where the interior angle of the intersection does not exceed 135°. On a "corner lot" the owner shall have the privilege of selecting any abutting street line as the front lot line, provided that the designation is clearly shown on the building plans filed with and approved by the Construction Official. However, each "corner lot" shall meet the minimum requirements for lot width and depth at either of the street lines as set forth for the specific district included in the schedule of limitations of this article. (See also §
188-41D.)
(3) LOT DEPTHThe horizontal distance between the front and rear lot lines measured from the midpoint of the front lot line to the midpoint of the rear lot line.
(5) LOT LINEThe boundaries of a lot as determined on the Tax Map or in the records of the County of Union.
(6) LOT WIDTHThe horizontal distance between side lot lines measured shall be the minimum width required at the building setback line.
LOT FRONTAGE The horizontal distance of lot lines or portions thereof which are coexistent with a street line. In the case of a street of undefined width, said lot lines shall be assumed to parallel the center line of the street at a distance of 50% of the statutory street right-of-way width therefrom. In the case of corner lots or through lots, the smaller of the two lot lines shall be coexistent with street lines and shall be considered as the "lot frontage."
[Added 4-20-2010 by Ord. No. O-10-014]
MOTEL A building or group of buildings which provides for transient guest rooms.
NONCONFORMING BUILDING A building existing on October 6, 1970, which in its design or location upon a lot does not conform to the regulations of this article for the zone in which it is located. (See §
188-30.)
NONCONFORMING LOT A lot of record, existing on October 6, 1970, which does not have the minimum area for the zone in which it is located. (See §
188-30.)
NONCONFORMING USE A use which occupied a building or land on October 6, 1970, and which does not conform with the use regulations of the district in which it is located according to this article. (See §
188-30.)
NUISANCE An offensive, annoying, unpleasant or obnoxious thing or practice; a cause or source of annoyance, especially in a continuing or repeating invasion or disturbance on another's rights, including the actual or potential emanation of any physical characteristics or activity or use across a property line which can be perceived by or affects a human being or the generation of an excessive or concentrated movement of people or things, such as but not limited to noise, dust, smoke, odor, glare, vibration, heat, electronic or atomic radiation, objectionable effluent and traffic.
NURSING HOME A private hospital, especially one for convalescents.
ONE-BEDROOM APARTMENT A dwelling unit in an apartment containing not more than one room devoted to sleeping purposes.
OPEN SPACE Land used for park or recreation space as well as any part of a lot which is unbuilt upon and intended to meet the side, rear or front yard requirements of this article; also, vacant open area of potential developable use.
PARKING AREA (1) PRIVATEA paved parking space, other than a street, for the same uses as a private garage.
(2) PUBLICA paved parking space, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
PARKING SPACE A paved area of not less than 180 square feet (nine feet wide by 20 feet long) either within a structure or garage or in the open for the parking of motor vehicles, exclusive of driveways or access drives, adjacent and giving access thereto.
PERMITTED USE Any use of the land as permitted according to this article.
PLACES OF GENERAL ASSEMBLY A building which permits public access where people gather for purposes such as entertainment, sporting events or worship such as an auditorium, movie theater or a house of worship. Houses of worship shall include a temple, church, mosque or other place of religious worship, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by an organized religious body.
[Added 3-25-2003]
POOLS [Amended 12-16-1975 by Ord. No. G-85-75]:
(1) PRIVATE IN-GROUND RESIDENTIAL SWIMMING POOLSIn-ground constructed swimming pools or tanks, plastic or otherwise, permanently established or maintained upon any premises by any individual for his own or his family's use or guests of his household.
(2) PUBLIC or PRIVATE CLUB SWIMMING POOLSEither outdoor or indoor pools which are constructed to provide recreational facilities for swimming, bathing or wading. It shall not include municipal swimming pools operated by the Township or any agency, commission or department thereof, private swimming pools as herein defined or bathing facilities installed as an integral part of a dwelling.
(4) WADING POOLSConstructed pools not designed or used for swimming with a maximum area of 120 square feet and a maximum water depth of 18 inches.
PROFESSIONAL OCCUPATIONS The offices of a dentist, doctor, physician, attorney, accountant, minister, engineer, lawyer, architect, planner, insurance or real estate agent. Where the offices are part of a structure where there are residences, the restrictions outlined for home occupations shall apply.
RESTAURANT Any establishment at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, play field or park operated solely by the agency or group operating the recreational facility and for the sole convenience of patrons of the facility shall not be deemed to be a "restaurant."
RESTAURANT, DRIVE-IN A restaurant at which any food or refreshments are customarily served to or consumed by any patrons while seated in automobiles, regardless of whether or not, in addition, seats or other accommodations are provided for patrons.
REST HOME A place where ill, injured, elderly or recuperating patients may convalesce.
RIGHT-OF-WAY The land and space established by local authorities on the surface, subsurface and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery and the proper amount of light and air.
ROW HOUSE A line of three or more connected dwellings whether or not each dwelling unit is separated by a fire wall or whether it is a line of connected duplex or semidetached dwelling units.
SERVICE STATION A place providing maintenance, service, parts and supplies for motor vehicles but not including body repair work or the storage of inoperable vehicles. (See §
188-36.)
SETBACK LINE A line drawn parallel to a street line measured at right angles to the street line and drawn through the point of a building nearest to the street line. The term "required setback" means a line that is established a minimum distance away from the street line and beyond which a building or part of a building is not permitted to extend toward the street line or under the provisions of this article, except as provided in §
188-23G, in order to provide the required
yards.
SHOPPING CENTER One or more buildings or parts thereof designed as a unit to be occupied by more than one business enterprise for the conduct of business and conducted as an integrated and cohesively planned area.
SIGN or ADVERTISING STRUCTURE Every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or product when placed in view of the general public. (See §
188-32.)
[Amended 3-17-2015 by Ord. No. O-15-01]
SITE PLAN REVIEW The examination of the site plan and description of the proposed activities on the site of the proposed project, including the size, height, location and arrangement of all proposed buildings and structures, the proposed circulation pattern including access streets, aisles, lanes, driveways, parking spaces, loading areas, loading berths and docks, pedestrian walks and all related facilities for the movement and storage of goods, vehicles and persons on the site and for ingress and egress to and from the site; the landscaping plans including seeded or sodded areas, fencing, signs, recreation areas, shrubbery, trees and buffer areas which shall be provided for the purpose of isolating the activities conducted on the site from adjoining residentially zoned areas, if any, site drainage, sewage disposal facilities, water facilities, outdoor lighting facilities and proposed signs; a written description of the proposed operations in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution or safety hazards; all buildings, lot lines, street rights-of-way and topographic features within the lot and within 200 feet of any boundary of the lot; and proposed elevations of the front, side and rear of the building in order to show the architectural design.
STORY That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, the space between the floor and the ceiling next above it. The first "story" of any building shall be where more than 50% of the story is above the finished grade along the front of the building.
STREET A right-of-way which is open to public travel and which has been accepted for use and maintenance by the state, county or Township and a right-of-way which has been mapped and dedicated for street purposes. A "street" as used herein includes in its width the roadway, curbs and sidewalks.
STREET LINE The dividing line between the street and a lot where title to land extends to the center of a street. The sideline of the street shall be deemed to be the "street line."
STRUCTURE Anything constructed or erected which requires permanent location, including buildings, fences, tanks, towers, advertising devices or similar structures.
TEMPORARY SIGN A sign or advertising structure, whether fixed or mobile, constructed of cloth, paper, cardboard, canvas, fabric, plywood, plastic, metal, or other light material, or inflatable material, and designed, displayed, or intended to be displayed, for a short period of time. Temporary signs include but are not limited to banners, flags, posters, balloons and placards.
[Added 3-17-2015 by Ord. No. O-15-01]
TURNING AREA The area necessary in a parking lot for maneuvering vehicles into and out of parking stalls and in other areas for allowing vehicles to turn around.
TWO-BEDROOM APARTMENT A dwelling unit in an apartment containing not more than two rooms devoted to sleeping purposes.
USABLE RECREATION SPACE Open space designed and developed to be utilized for the purpose of recreation, whether it be parkland, ball fields, playgrounds, swimming pools or game courts.
USE The specific purpose for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained.
USE, ACCESSORY A use which is customarily associated with and subordinate to the principal use of a lot or a building and which is located on the same lot.
USED CAR LOT Any place out of doors where two or more motor vehicles in operating condition are displayed or offered for sale.
VARIANCE A departure from the terms of this article authorized or recommended by the Board of Adjustment in accordance with state statute.
YARD (1) FRONTAn open space extending across the full width of the lot between the main building and the rear lot line. The depth of the "front
yard" shall be measured at right angles from the street line to the building.
(2) REARAn open space extending the full width of the lot between the main building and the rear lot line. The depth of the "rear
yard" shall be measured from the nearest part of the main building toward the nearest point of the rear line.
(3) SIDEAn open space extending from the front
yard to the rear
yard between the main building and the side lot line. The width of the required "side
yard" shall be measured from the nearest point on the side lot line toward the nearest part of the main building.
ZONE See definition of "district."