Any word or term not defined shall be used with
a meaning of standard usage for the context in which the word is used.
A.
Words used in the present tense include the future.
B.
Words used in the singular number include the plural
number and vice versa.
C.
The word "shall" is mandatory and not discretionary.
D.
The word "used" shall include arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used.
E.
The word "building" includes the words "dwelling,"
"house," "home" and "residence."
F.
The word "Township" includes "municipal."
Certain phrases and words are herein defined
as follows:
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, whether
the same be attached or detached. An accessory building attached to
the principal building shall comply in all respects with the requirements
applicable to the principal building, except as specifically noted
herein. Barns and similar buildings on farms are considered accessory
buildings.
For Planning Board matters, the Planning Board Assistant
Secretary; for Zoning Board matters, the Zoning Board of Adjustment
Assistant Secretary; for governing body matters, the Township Clerk;
and for matters pertaining to the issuance of an official list of
property owners for notice requirements pursuant to the requirements
of the Municipal Land Use Law, the Township Planner.
[Amended 11-28-2001]
Conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe or unsatisfactory conditions or
tending to create such conditions in a development or any adjacent
property, such as improper circulations and drainage as defined in
N.J.S.A. 40:55D-3 and 40:55D-4, respectively, of the Municipal Land
Use Law, as amended, inadequate drainage facilities, insufficient
street width, unsuitable street grades, unsuitable conditions for
on-site septic systems and wells, danger to wetlands and floodplains,
unsuitable street location to accommodate prospective traffic or to
coordinate and compose a convenient system, locating lots in a manner
not adaptable for the intended purpose without danger to health or
peril from flood, fire, erosion or other menace, providing for lots
of insufficient size and neither providing nor making allowance for
other facilities required by this chapter.
The use of land for growing and harvesting crops and/or the
raising, training and breeding of animals.
The growing and harvesting of crops and the raising, keeping,
training and breeding of farm animals, including truck farms, livestock,
dairies, fruit farming, nurseries and greenhouses, buildings for housing
seasonal workers for the farmer's own use, barns and grading and storage
buildings, commercial farm packing operations, buildings for keeping
of poultry and livestock and garages for the keeping of equipment
and trucks used in farm operations. Only commercial farms containing
a minimum of 15 contiguous acres devoted to an agricultural activity
may process the agriculture output as long as all processing operations
maintain a two-hundred-foot front setback, and a one-hundred-foot
side and rear setback. Agriculture shall not include abattoir nor
commercial hog-raising, nor shall agriculture include commercial poultry
farms unless the poultry house walls and brooder house walls are at
least 500 feet from any lot line. A commercial poultry farm shall
be deemed to be any farm on which there are more than 100 fowl.
[Amended 12-11-2002]
Any change in or additions to the supporting members of a
building, such as walls, columns, beams, girders, posts or piers.
Any transmitting or receiving device mounted on a tower,
building or structure and used in communications that radiate or capture
electromagnetic waves, digital signals, analog signals, radio frequencies,
wireless telecommunications signals or other communication signals.
[Added 8-16-2006]
A developer submitting an application for development.
The application form and all accompanying documents, fees and escrow deposits required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning approval, zoning variance or direction of the issuance of a permit pursuant to Article IV, Administrative Provisions, of this chapter, that has been issued a certificate of completeness by the appropriate approving authority. Until the application is deemed complete, the materials filed shall be considered an application for submission.
[Amended 3-28-2012]
The filing of the application form and all accompanying documents,
fees, escrow deposits required by ordinance for determination if an
application is deemed complete for review and considered a submission.
[Added 3-28-2012]
The Planning Board, unless a different agency is designated
in the text of this chapter when acting pursuant to the authority
of the Municipal Land Use Law, as amended.
[1]A facility which is licensed by the Department of Health
to provide apartment-style housing and congregate dining and to assure
that assisted living services are available when needed by its residents.
Apartment units must include, at a minimum, an unfurnished room, a
private bathroom, a kitchenette and a lockable door on the unit entrance,
and the age of its residents shall be restricted to 62 years of age
or older, except in the case of a spouse who is married to a resident
who is 62 years of age or older.
[Added 4-29-1997]
A coordinated array of supportive personal care services
and health care services available 24 hours per day to residents who
have been assessed to need these services, to promote resident self-direction
and participation in decisions that emphasize independence, individuality,
privacy, dignity and homelike surroundings.
[Added 4-29-1997]
An attached unit similar to a townhouse, except it is arranged
to produce a private yard designed for privacy through the use of
building walls on at least two sides of the yard with fencing and/or
walls on the remaining two sides. More than two units can be attached.
A story partly underground and having more than 40% of its floor to ceiling height above the average finished grade, measured at five-foot intervals along the entire perimeter of the foundation. Basements shall be included as a full story in the two-and-one-half story limitation contained in § 102-87.
[Amended 12-30-2003]
An off-street bikeway.
A designated bicycle route.
An off-site lettering or pictorial advertising sign or display.
The Board established pursuant to Article IV, Administrative Provisions, of this chapter.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The square footage or other area measurement by which all
buildings, principal and accessory, occupy a lot as measured on a
horizontal plane, including the area under the roof of any overhang
or any structure supported by columns but not having walls, as measured
utilizing the exterior perimeter of any such structure or overhang.
[Amended 12-29-1999]
The vertical distance measured to the highest point of a
building from the average finished grade, measured at five-foot intervals
along and five feet away from the foundation along the side(s) of
the building facing a street. If the average finished grade consists
of fill, the grading shall transition to the original grade at maximum
slope of 8:1 for a minimum distance of 40 feet. (Retaining walls shall
not be used within this 8:1 transition, except for walls that are
perpendicular to the structure and designed for basement/cellar garages
or walkout basements/cellars.)
[Amended 12-30-2003]
See "principal use" and "accessory building, structure or
use."
The area of the three-dimensional space enclosed within the
exterior walls, roof and the average finished grade of all sides of
a structure, including those areas under the roof of any overhang
or any structure supported by columns but not having walls.
[Added 8-14-2013]
A self-propelled vehicular structure built as
one unit on a chassis and designed for temporary living for travel,
recreation, vacation or other short-term use and which may contain
cooking, sleeping and sanitary facilities.
An immobile structure containing cooking and/or
sleeping facilities for travel, recreation, vacation or other short-term
use and designed to be attached to the body of another vehicle for
transporting from one location to another.
See "trailer, camper."
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs.
A floor wholly or partly underground and having 60% or more of its floor to ceiling height below the average finished grade, measured at five-foot intervals along the entire perimeter of the foundation. Cellars shall not be included in the two-and-one-half story limitation contained in § 102-87.
[Added 12-30-2003]
[Added 3-28-2012]
Any change from an industrial use to any other industrial use
or to any other use category.
Any increase in the number of dwelling units in a structure
or on a lot.
Any change from any nonresidential use to any other use for
which any standard set forth in this chapter is greater or more restrictive.
Any change from a residential use to any nonresidential use.
Any change in use from any existing or permitted use to any
conditional use.
Any change in activity that requires three or more off-street
parking spaces.
Any change from any existing or permitted use to any permitted
use which can be classified as being in a category lower on the following
list than was the original use:
A list, contained herein, required to be submitted with application
for development, detailing information, documents, plats and data
to be submitted.
A center as defined and licensed by the New Jersey Department
of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1
et seq.), as amended.
Systems, structures and physical improvements for the movement
of people, goods, fuel, water, air, sewage or power by such means
as streets, highway, railways, waterways, towers, airways, pipes and
conduits, and the handling of people and goods by such means as terminals,
stations, warehouses and other storage buildings or transshipment
points.
A place where patients are studied or treated on an outpatient
basis by physicians or other qualified professional people specializing
in various ailments and practicing as a group and where no overnight
accommodations are provided.
A development technique based on overall dwelling unit density
and allowing the lot sizes to be reduced without increasing the number
of lots within the development, in order to generate open space and/or
common open space.
The New Jersey Council on Affordable Housing.
[Added 6-9-2004]
[Added 12-11-2002]
A farm management unit of no less than five
acres producing agricultural or horticultural products worth $2,500
or more annually, and satisfying the eligibility criteria for differential
property taxation pursuant to the Farmland Assessment Act of 1964,
(N.J.S.A. 54:4-23 et seq.); or
A farm management unit less than five acres,
producing agricultural or horticultural products worth $50,000 or
more annually and otherwise satisfying the eligibility criteria for
differential property taxation pursuant to the Farmland Assessment
Act of 1964, (N.J.S.A. 54:4-23 et seq.).
An open space area within or related to a site designated
as a 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 use or enjoyment of residents and owners of
the development.
Land or water or a combination of land and water, together
with improvements, within or related to a site designated as a development
and designed and intended for the use and enjoyment of residents and
owners of the development. Common property includes common open space
and may contain such complementary structures and improvements as
are necessary and appropriate for the use or enjoyment of residents
and owners of the development.
An application for development shall be deemed complete for
the purpose of commencing the applicable time period for action by
the approving authority when a completed application, checklist and
all documents, data and information required therein has been submitted
and so certified by the approving authority or its authorized committee
or designee. In the event that the approving authority, committee
or designee does not certify the application to be complete within
45 days of its submission or within such further time as may be consented
to by the applicant, the application shall be deemed complete upon
the expiration of the forty-five-day period for purposes of commencing
the applicable time period, unless the application lacks information
indicated on a checklist adopted by ordinance and provided to the
applicant and the approving authority or its authorized committee
or designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements
be waived, in which event the approving authority or its authorized
committee shall grant or deny the request for a waiver within 45 days.
Nothing herein shall be construed as diminishing the applicant's obligation
to prove in the application process that he or she is entitled to
approval of the application. The approving authority may subsequently
require the correction of any information found to be in error or
incomplete and the submission of additional information, specified
or not specified in this chapter but not included in the certified
application, or any revisions in or addition to 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. As used herein,
the words "submission of complete application" or "complete application"
shall mean an application that has been certified as a complete application.
[Amended 3-28-2012]
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
therefor by the Planning Board.
Development other than planned development.
A composite of the Master Plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the county Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4, as amended.
The Monmouth County Planning Board as defined in Section
1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1).
Calendar days.
The number of dwelling units per gross acre of land to be
developed. For purposes of this chapter, "gross density" shall mean
the number of dwelling units permitted on the total acreage of the
original tract, and "net density" shall mean the number of units permitted
on some smaller portion of the original tract devoted to a particular
dwelling unit type (i.e., townhouses, apartments, etc.) and those
associated parking areas, access drives and required yards.
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 propriety interest in such land.
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 permission may be required pursuant to this chapter.
Money paid by an individual, person, partnership, association,
company or corporation related to the improvement of property as permitted
in COAH’s rules and as required by this chapter.
[Added 6-9-2004]
A zoning ordinance, subdivision ordinance, site plan ordinance,
Official Map ordinance and/or other municipal regulation of the use
and development of land or amendment thereto adopted and filed.
Includes but is not limited to zoning ordinance, subdivision
ordinance and site plan ordinance procedures and requirements.
The diameter of a tree measured 4 1/2 feet above the natural
ground.
[Added 10-29-2008]
The removal or control of surface water or groundwater from
land by drains, grading or other means and includes control of runoff
to minimize erosion and sedimentation during and after construction
or development and means necessary for water supply preservation or
prevention or alleviation of flooding.
The lands required for the installation and maintenance of stormwater and sanitation sewers, water pipes or drainage ditches and other utilities or required along a natural stream or watercourse for the present or future installation and maintenance of stormwater and sanitation sewers or drainage ditches and for maintaining and preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, in accordance with Chapter 1 of Title 58 of the Revised Statutes, as amended.
An imaginary ground line around a tree that defines the limits
of the tree canopy.
[Added 10-29-2008]
A two-family dwelling.
A building occupied or intended to be occupied for residential
purposes by one family.
A building containing only two dwelling units and intended
for residential occupancy by two families living independent of each
other and each with its own separate building entrance and sleeping,
cooking and sanitary facilities.
A building or part thereof having cooking, sleeping and sanitary
facilities for one family.
A dwelling unit in a garden apartment building, consisting
of a bath plus one main room without permanent separations to be used
for living, dining and bedroom facilities, and with a kitchen area
separated from the main room by either a permanent wall or a sliding
wall or some other temporary partition.
The value of a property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of issuance of a building permit may be obtained
utilizing estimates for construction cost. Final equalized assessed
value will be determined at project completion by the Municipal Tax
Assessor.
Added 6-9-2004
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
Any room wherein special equipment may be installed for use
in the examination and treatment of a patient, as distinguished from
a waiting room, counseling room or office of such practitioner.
Subdivision approval, site plan approval, planned development, conditional use permit, zoning variance, direction of the issuance of a permit pursuant to Article IV, Administrative Provisions, of this chapter or Township Engineer's major development grading and drainage review is required prior to the issuance of zoning approval.
[Added 3-28-2012]
One or more persons, either related or unrelated, living
together as a single, nonprofit housekeeping unit on a fairly stable,
rather than a transient basis, where the occupants share the ordinary
tasks of living in a dwelling unit, such as, but not limited to, cooking
and eating together, sharing inside and outside chores and household
expenses and performing other functional duties and activities akin
to emulating family life, in contrast to a group occupying a boardinghouse,
rooming house, hotel, motel or similar living arrangements.
A lot of at least five acres used for agricultural purposes.
Shall include, but is not limited to, horses, ponies, mules,
sheep, goats, chickens, ducks, geese, pigeons, cows, swine and cattle.
[Added 5-14-1997]
A lot, tract or parcel of land, which is encumbered with
a deed restriction prohibiting its use for purposes other than agriculture
as defined herein, which was created or is about to be created in
connection with an application for development in accordance with
a program of farmland preservation pursuant to the Agricultural Retention
and Development Act[2] or a similar state, county or municipal law, regulation
or program recognized by the Colts Neck Township Farmland and Open
Space Committee, and which is placed on the Farmland and Open Space
Committee's prioritized list of properties recommended for acquisition
of development rights or in fee simple for farmland preservation.
[Added 8-18-1999]
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
[Added 12-11-2002]
A structure such as a building, wagon, truck or similar arrangements,
signs and parking and the lands upon which they are located, used
for the wholesale or retail marketing of the agricultural and horticultural
output of a commercial farm in accordance with N.J.S.A. 4:1C-9. Marketing
of pick-your-own product operations is included.
A public eating place where food and drink prepared for immediate
consumption is purchased at a counter by the customer and either eaten
on the premises at tables provided therein or eaten in the purchaser's
automobile or eaten off the premises. Those restaurants where food
is consumed only at tables on the premises and is served by waiters
and/or waitresses shall not be deemed fast-food restaurants. Fast-food
restaurants shall also not include those retail stores where food
is primarily sold for preparation and consumption elsewhere.
A construction, usually made of posts and wire or wood, plastic
or iron, used as a barrier to enclose or border an area, to prevent
entrance, to confine, to mark a boundary or for decorative or landscaping
purposes. When installed in a landscaping or conservation, open space,
drainage and utility right-of-way easement, any ten-foot section of
an installed fence, when viewed from a right angle, shall have a minimum
of 60% open space, and the open space shall be reasonably uniformly
distributed along each ten-foot section of fence, and no more than
one two-foot section of any ten-foot section of fence may be solid.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled in accordance
with the provisions of this chapter and the required improvements
have been installed or guaranties properly posted for their completion
or approval conditioned upon meeting all the above conditions and
requirements.
The residential portion of a building, excluding basement
and garages, measured by using the outside dimensions of the floor
of the residential portion of the building closest to the mean elevation
of the finished grade. For a split-level or three-level dwelling,
the area shall be considered to be the sum of the areas of the two
adjoining levels, excluding cellars and garages, closest to the mean
elevation of the finished grade as defined under "building height."
That portion of the flood hazard area outside of the floodway.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
The generally flat terrain, subject to periodic flooding,
adjacent to streams, ponds, lakes or swamps.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
The sum of the area in square feet of all floors of buildings
and all floors of structures on the lot, measured by using the outside
dimension of the building, including those areas under the roof of
any overhang or any structure supported by columns but not having
walls. In nonresidential structures, floor area shall include all
floor areas, including the floor area used for storage and other commercial
purposes, regardless of the ceiling height. However, cellars which
are at least 50% below grade at all building corners and are used
exclusively for storage and or mechanical equipment shall not be considered
as floor area.
[Amended 12-29-1999]
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
A unit for measuring illumination, equaling the amount of
light per unit area (lumens per square foot).
The line that is created by connecting the two points where
the minimum side yard setbacks of the lot are extended to intersect
the street line.
[Added 12-29-1999]
A person who is gainfully employed by a farm to perform agricultural
services for at least 20 hours per week or at least 1,000 base hours,
excluding overtime, per year.
[Added 8-11-2004]
A building or structure attached to or accessory to a main
building or structure and used mainly for the parking of such vehicles
of the occupants or users of the principal use, building or structure
as are customarily used for private, personal transportation in residential
districts or used in the conduct of permitted uses in the business
zones.
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles customarily
used for private transportation, local school buses, commercial vehicles,
farm equipment and farm vehicles, excluding, however, all nonfarm
equipment and vehicles used for off-the-road purposes and omnibuses
other than local school buses.
A multifamily building containing at least five dwelling
units. Separate dwelling units shall be on both the first and the
second floors.
An area of 200 or more contiguous acres containing a full-size, professional golf course of at least 18 holes with permitted accessory uses as covered in § 102-93B(3).
An area of 130 or more contiguous acres containing a full size golf course of at least 18 holes with limited accessory uses as covered in § 102-93C(3).
The legislative body of the Township of Colts Neck.
Any service provided to a resident of an assisted living
residence that is ordered by a physician and required to be provided
or delegated by a licensed, registered or certified health care professional.
Certified health care professional shall not include a certified homemaker/home
health aide or certified nurse aide.
[Added 4-29-1997]
A rotary wing aircraft that depends principally upon the
lift generated by engine-driven rotors rotating on a substantially
vertical axis for its primary means of propulsion.
An area of defined dimensions designated for the landing
and takeoff of helicopters and used solely for that purpose. Such
area may include passenger and cargo facilities, fueling service,
storage space, tie-down spaces, hangars and other accessory buildings.
A ground-level area of defined dimensions designated for
the landing and takeoff of helicopters. Such area shall be limited
to the operation of helicopters which are owned or controlled by the
owner or the occupant of the premises or by guests or patrons of such
owner/occupant. Such area may include refilling but no maintenance,
repair or hangar facilities, except that a tie-down area may be provided
for and limited to the accommodation of a single aircraft.
A ground-level area of defined dimensions designated for
the landing and takeoff of helicopters. Such area shall be open to
use by any helicopter regardless of ownership and control. Such area
may include refilling, maintenance, repair or hangar facilities.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so designated pursuant
to provisions of applicable law.
An incorporated nonprofit organization operating in a development
under a recorded land agreement through which each lot owner, condominium
owner, stockholder under a cooperative development or other owner
of property or interests in the project shall be a member. Each dwelling
unit and/or property owner is subject to a charge for a proportionate
share of the expenses for the organization's activities and maintenance,
including any maintenance cost levied against the association by the
municipality, and each owner and tenant has a right to use the common
property.
A circular, elliptical, rectangular, oblong or similarly
shaped endless accessory structure either enclosed or outside, usually
constructed of earth, used for the exercise and/or training of horses
and/or driver and riders on a farm. Notwithstanding the above, indoor
or outdoor riding arenas and paddocks shall not be considered a horse
track.
[Amended 5-25-2005]
A building, structure or use which is customarily associated
with places of worship, libraries, private and public nonprofit day
schools of elementary or high school grades and accredited by the
New Jersey State Department of Education.
[Added 8-11-2021 by Ord. No. 2021-14]
In a criminal or quasi-judicial proceeding,
any citizen of the State of New Jersey; and
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 chapter or, under any other law of this state
or of the United States, has been denied, violated or infringed by
an action or failure to act under this chapter.
A judgment issued by the Superior Court approving a municipalilty’s
plan to satisfy its fair share obligation.
[Added 6-9-2004]
Any area of land, with or without building, regardless of
size, devoted to the storage, keeping or abandonment of junk or debris,
whether or not it is in connection with the dismantling, processing,
salvage, sale or other use or disposition thereof, including by way
of illustration but not of limitation: vehicles, tires, vehicle parts,
paper, rags, metal, glass or plastic, old household appliances, wood,
lumber, brush, garbage and any debris or any material whatsoever.
Includes improvements and fixtures on, above or below the
surface.
Grant or grants to the Township sufficient to permit the Township to fulfill the intent and purpose of this easement as provided for in § 102-69D.
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 material, measuring at least 12 feet by
45 feet and with at least 16 feet of vertical clearance.
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.
The area contained within the lot lines of a lot, but shall
not include any portion of a street or street right-of-way.
A lot on the junction of and abutting two or more intersecting
streets.
The area of a lot covered by buildings, structures and paved
surfaces, including but not limited to driveways, parking areas, sidewalks,
patios and decks, whether constructed of blacktop, compacted stone,
flagstone, brick, concrete, wood or similar material, but excluding
the water surface of any swimming pool and the areas of balconies.
The maximum lot coverage shall be measured against the total area
of the lot.
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.
The horizontal distance between side lot lines measured along
the street line. In case of a corner lot, the minimum frontage requirement
shall be met on one street and a minimum frontage which meets the
required lot depth for that zone shall be provided on the other street.
In the case of a through lot, the minimum frontage requirement shall
be met on both streets. For the purpose of this chapter, only continuous
uninterrupted lot lines shall be accepted as meeting the frontage
requirement.
[Amended 5-25-2005]
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot and the same line as the street line for that portion of a lot
abutting streets.
The minimum horizontal distance between side lot lines, measured
throughout the area formed by the side lot lines, a line located at
the minimum required front yard setback line and a line located parallel
to the front yard setback line 50 feet further from the street line.
Most recent income limits established for low and moderate
income levels by the New Jersey Council of Affordable Housing for
the Township's housing region.
A unit of light quantity.
A 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 as specified hereinafter
and cash.
Any subdivision not classified as a minor subdivision.
A unit of housing which:
Consists of one or more transportable sections
which are substantially constructed off site and, if more than one
section, are joined together on site;
Is built on a permanent chassis;
Is designed to be used, when connected to utilities,
as a dwelling on a permanent or nonpermanent foundation; and
Is manufactured in accordance with the standards
promulgated for a manufactured home pursuant to the National Manufactured
Housing Construction and Safety Standards Act of 1974, P.L. 93-383
(42 U.S.C. § 5401 et seq.), and the standards promulgated
for a manufactured or mobile home pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
A composite of one or more written or graphic proposals for
the development of the municipality as set forth and adopted pursuant
to the Municipal Land Use Law, N.J.S.A. 40:55D-28, and amendments
thereto.
A member of the Township Committee designated by his or her
fellow Committee members as the Chairperson of the Township Committee
who, pursuant to statutes, may also be designated as the Mayor.
An establishment engaged in brewing malt alcoholic beverages
for sale and distribution to wholesalers and retailers licensed in
accordance with the State Alcoholic Beverage Law.
[Added 5-14-2014]
Any subdivision resulting in not more than two lots (including
the remaining portion of the tract), all fronting on an existing improved
street or streets; not involving any new streets or other extension
of municipal facility improvements; not involving the extension of
any off-tract improvements, the cost of which is to be prorated pursuant
to N.J.S.A. 40:55D-42; not adversely affecting the development of
the remainder of the parcel or adjoining property; if the street frontage
of the subject lots has not been fully improved to meet the requirements
of this chapter, not adjacent on one or both sides to lots which have
or within three years are expected to have fully improved frontage;
and not a further subdivision of an original tract of land for which
previous minor subdivision(s) have been approved and where the combination
of the proposed and approved minor subdivision constitutes a major
subdivision. The original tract of land shall be considered any tract
or lot created by subdivision prior to 5-12-1966, at which time this
provision was adopted as part of the Development Regulations Ordinance
of the Township of Colts Neck.
A parcel of land or two or more parcels of land containing
no fewer than 10 sites equipped for the installation of manufactured
homes, where these sites are under common ownership and control for
the purpose of leasing each site to the owner of a manufactured home
for the installation thereof and where the owner or owners provide
services, which are provided by the municipality in which the park
is located for property owners outside the park, which services may
include, but shall not be limited to:
A dwelling unit manufactured in one or more sections; designed
for long-term occupancy; containing living and sleeping accommodations,
a flush-toilet, a tub or shower, bath and kitchen facilities with
plumbing and electrical connections provided for attachment to an
outside system; designed to be transported on a flatbed or on other
trailers in sections, arriving at the site where it is assembled for
occupancy as a complete dwelling; on a permanent foundation; and in
conformity with the Uniform Construction Code.
[3]A building containing three or more dwelling units.
A municipal Planning Board or Board of Adjustment or a governing
body of a municipality when acting pursuant to this chapter.
Buildings located within five lots or 1,000 feet of the building
in question, whichever is less, as measured along any street line
in all directions and including those buildings directly across the
street from those incorporated in this defined distance.
A lot in which the area, dimension or location was lawful
prior to the adoption, revision or amendment of a zoning and/or development
regulation ordinance but fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
A lot in which the development contains violations of the
site design standards of this chapter.
A structure of which the size, dimension or location was
lawful prior to the adoption, revision or amendment of a zoning and/or
development regulation 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.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning and/or development regulation 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.
A business establishment which does not offer a product or
merchandise for sale to the public, but wherein services are performed
involving predominantly administrative, professional or clerical operations.
However, personal services, repair services, retail services and manufacturing
or fabrication services are not an office activity.
[Added 5-25-2005]
A tree cultivated for its beauty rather than for use. A small
flowering tree used for understory or massed in the open for color
and texture.
[Added 10-11-2017]
An exterior dining facility immediately adjacent to and accessory to a restaurant where meals are served to patrons by waiters/waitresses. Outdoor cafes shall be located entirely on private property, open to the elements and surrounded by a hedge, which may be portable, a minimum of three feet in height. In outdoor cafes, all fixtures and furnishings must be of a temporary nature, capable of being brought in at closing time and must be brought in and stored during nonoperational months (see § 102-109C).
[Added 10-28-1998]
An area of not less than nine feet wide by 20 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 single-family dwellings from being considered off-street parking
space, 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 vehicle.
Wheel blocks shall be 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.
The length of parking spaces may be reduced to 18 feet and no wheel
blocks required if a two-foot strip immediately adjacent to but beyond
the edge (curb) of the parking area is designed to allow a two-foot
bumper overhang. This area is not to be considered as part of the
required landscape area.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice.
A single-family detached unit on a small lot with walls along
the side yards for privacy, usually with the home placed along one
side lot line. The front and rear yard may also be walled.
Any security which may be accepted by a municipality, including
but not limited to surety bonds, letters of credit, as specified hereinafter,
and cash.
Any use of land, buildings or structures as permitted by
this chapter.
Services supportive to residents' care and comfort, including
but not limited to assistance with activities of daily living.
[Added 4-29-1997]
A structure or place in which acts of worship, study, honor,
devotion, ceremonies, rituals, and education pertaining to a particular
system of belief are held by an ordained or otherwise officially recognized
leader of that body or community and include cathedrals, chapels,
churches, meeting houses, mosques. temples, synagogues and similarly
used buildings.
[Added 2-28-2018]
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
The municipal Planning Board established pursuant to Article
2 of the Municipal Land Use Law, as amended.
[4]A map or maps of a subdivision or site plan.
The plat of all or a portion of the subdivision prepared and submitted to the approving authority for final approval in accordance with Article V of this chapter.
The plat prepared and submitted to the approving authority as a part of the application for preliminary approval in accordance with Article V of this chapter.
The plat prepared and submitted to the approving authority for purposes of classification and discussion in accordance with Article V of this chapter.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48 and 40:55D-49 of the Municipal Land Use Law, as amended,
prior to final approval after specific elements of a development plan
have been agreed upon by the Planning Board and the applicant.
Architectural drawings of a structure 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 and exterior materials, finish and appearance.
The building in which the lot's principal use is located
or conducted.
[Added 12-29-1999]
The main purpose for which a lot, structure or building or
portion thereof is used.
An institution of elementary, secondary or higher education
whose general course work is comparable to the public school system
and whose curriculum is approved by the New Jersey Department of Education
or the New Jersey Department of Higher Education.
Changing the natural state of an agricultural output produced
by a commercial farm into another product to be sold.
[Added 12-11-2002]
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body and any
amendments thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency or other
public body for recreation or conservational uses.
An institution of elementary, secondary or higher education
administered by a public School Board and permitted by the statutes
of the State of New Jersey and whose curriculum is approved by the
New Jersey Department of Education or the New Jersey Department of
Higher Education.
A facility with a primary function of generating, creating
or harnessing natural or man-made energy for essential services use
or distribution off-site and regulated as a public utility by the
Board of Regulatory Commissioners and defined pursuant to N.J.S.A.
48:2-13.
[Added 2-8-2023 by Ord. No. 2023-3]
A building containing four dwelling units.
The majority of the full authorized membership of a municipal
agency.
An area of over 1,000 square feet, and appurtenances thereto,
primarily used for recreation purposes, such as, but not limited to,
tennis and basketball Courts; which utilizes specially constructed
surfaces of any composition, including but not limited to clay, earth
or wood, whether or not grading or moving of earth is required; which
is designated and maintained for recreational purposes by an individual
for use by members of his or her household and guests; and which is
located on a lot as an accessory use, and shall include all associated
structures, posts, fences, equipment and appurtenances thereto. This
includes grass Courts, if permanently installed, and associated structures,
posts, fences, equipment or other appurtenances thereto are involved.
An area to be developed as a single entity according to a
plan containing residential housing units which have an open space
or common property area as an appurtenance.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
A commercial establishment where food and drink are prepared,
served and consumed. As used in this chapter, a restaurant shall not
include a fast-food restaurant as defined herein.
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 street 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 instruments.
A farm upon which, in addition to other permitted agricultural uses, horses may be stabled for the public for a fee. The farm owner/operator may provide training for a fee for stabled horses and the owners thereof or the stabled horse owner agents, utilizing the stabled horse (i.e., not horses owned by the farm owner/operator) which is or will be stabled on premises for a minimum of 30 consecutive days. Private horse shows are permitted. Renting horses for riding or providing riding instructions for a fee to the public or similar activities is not permitted. See regulations in Part 4.
A farm upon which, in addition to other permitted agricultural uses and the uses permitted for a riding/training stable, Type 1, the farm owner/operator may provide riding and similar instructions to the public for a fee utilizing the farm owner's/operator's horses. Private horse shows are permitted. Renting horses for riding or similar activities to the public is not permitted. See regulations in Part 4.
A farm upon which, in addition to other permitted agricultural uses and the uses permitted for a riding/training stable, Type 2, the farm owner/operator may hold public horse shows. Renting horses for riding or similar activities to the public is not permitted. See regulations in Part 4.
The plan incorporated in a document entitled "Final Report
Route 34, Colts Neck, Highway Access Management Plan, New Jersey Department
of Transportation, Monmouth County, Township of Colts Neck," dated
April 4, 1997, prepared by Garner Associates, as amended, and on file
with the office of the Township Clerk.
[Added 8-13-1997; amended 4-26-2017]
The selling at a nominal charge or the gratuitous offering
of an open container not exceeding one and one half ounces of any
wine.
[Added 12-19-2000]
A vista from a public street along which traverses through
an ever-changing, aesthetically pleasing environment that consists
of natural and man-made elements that possess such high degree of
visual quality that driving or walking along the street is a pleasurable
and enjoyable experience. The depth of the scenic viewshed boundary,
measured at right angles from straight streets and radial from curved
streets, shall be 250 feet in the AG Zone and 150 feet in all other
zones.
[Added 5-25-2005]
Any structure, not displaying numbers or letters, used to
display holiday symbols or insignias or themes, such as, but not limited
to, decorated Christmas trees, air-filled balloons or figures, wood
figures, cutouts and similar constructions.
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.
Lands, buildings, devices and/or machines providing for the
sale of fuel, lubricants and automotive accessories and/or providing
maintenance and minor repairs for motor vehicles customarily used
for private transportation, local public school buses, commercial
vehicles and farm equipment; excluding, however, all nonfarm equipment
and vehicles used for off-the-road purposes, buses other than local
public school buses, body repairs or painting or the storage of inoperable
or wrecked vehicles.
A line drawn parallel with a street line or lot line, whichever
is more limiting, 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 or lot
line.
A tall woody perennial plant at least 15 feet tall at maturity
with a well developed crown having a single stem or trunk.
[Added 10-11-2017]
An integrated group of six of more connected commercial establishments which is planned, developed and managed as a single unit and where the exterior appearance is of separate stores and where each storefront varies from the adjacent storefront by distinguishable differences in building materials, colors, rooflines, window treatments and/or door styles and which otherwise meets the design standards established by §§ 102-115 through 102-124 of this chapter.
The outdoor sale and display of inventory conducted for profit
in association with a principal building already operating as a lawful
commercial use.
A triangular area abutting two intersecting streets where
vision is unobstructed; area is formed by the intersecting street
lines and a line connecting a point on each street line at a set distance
from the intersection.
Any building or structure or portion thereof on which any
announcement, statement, 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.
Balloons and air-filled objects used for advertisement are considered
signs for the purpose of this chapter. See "seasonal decorations."
A facility through which stormwater is directed and which
is designed to collect silt and eroded soil from a designated area.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, wetlands, marshes and waterways;
The location of all existing and proposed buildings,
easements, drives, parking spaces, walkways, means of ingress and
egress, lighting and screening devices; and
Any other information that may be reasonably
required in order to make an informed determination pursuant to an
ordinance requiring review and approval of site plans by the Planning
Board.
Site plan approval by the approving authority shall not be
required for single-family dwellings or for accessory buildings to
agricultural and horticultural uses, except as specifically noted
herein, unless such uses are located in an area of special flood hazard
or a freshwater wetlands area; except that horse tracks and associated
accessory buildings, such as stables and feed sheds; and dams are
not exempt. Interior building alterations which do not involve a change
in use or additional parking shall be exempt.
[Amended 12-10-2014]
All site plans not defined as either minor or exempt. Any
development or any portion of a development proposing nonresidential
use or residences other than one single-family dwelling per lot shall
require site plan approval.
A development plan for the development of a new building
or a building addition or a building alteration or a change in use
which involves fewer than five parking spaces and/or less than 500
additional square feet of floor area and/or involves a change in lot
coverage totaling not more than 10% of the lot area and/or does not
involve a planned development, any new street or any off-tract improvement
which is to be prorated pursuant to N.J.S.A. 40:55D-42 and contains
information reasonably required in order to make an informed determination
as to whether the requirements established by this chapter for approval
of a minor site plan have been met.
The examination of the specific development plans for a lot,
including all pertinent data required for a site plan review by this
chapter. Whenever 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 Planning Board.
Any tree containing a circumference at breast height at or
exceeding 75% of the circumference for a species listed on the New
Jersey Department of Environmental Protection, New Jersey Forest Service,
Champion Big Tree Register.
[Added 10-11-2017]
Standards adopted by ordinance regulating noise levels, glare,
earth-borne or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic matters, explosive and inflammable matters, smoke
and airborne particles, waste discharge, screening of unsightly objects
or conditions or such other similar matters as may be reasonably required
by the municipality or as are required by applicable federal or state
laws or municipal ordinances.
A slope greater than 15% over a distance greater than 30
feet wide, measured on a horizontal plane and containing an area of
more than 1,500 square feet.
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 a
roof shall be considered a ceiling. A half story is a story under
a pitched roof at the top of a building, the floor of which is at
least four feet below the plate.
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 this chapter
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
including the lands 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, the term "street" shall be classified
to conform to the Colts Neck Township Master Plan as follows:
FREEWAYA street to provide entirely for the uninterrupted movements of motor vehicles, with no access to abutting properties. It is designed for high-speed regional traffic movements.
PRIMARY ARTERIALA street to carry traffic to and from the freeway system and is the major traffic generator within the area.
SECONDARY ARTERIALA street to serve as a connector between the collector system and the primary arterial system.
MAJOR COLLECTORA street which forms the boundary of major blocks of land and is intended primarily for short-trip interneighborhood traffic and as feeder roads into commercial and similar areas.
MINOR COLLECTORA street intended primarily for access into major blocks of land and not for through traffic.
LOCALA street intended primarily for access to individual properties and not for through traffic.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown in the adopted Master
Plan, Official Map or Route 34, Colts Neck, Highway Access Management
Plan, as amended, forming the dividing line between the street and
the lot.
[Amended 8-13-1997; 4-26-2017]
An integrated group of six or more connected commercial establishments
which is planned, developed and managed as a single unit and where
the development contains a uniform architectural appearance. An integrated
group of six or more connected commercial establishments which meets
the definition of and design requirements of a shopping center is
not a strip mall.
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. See also § 102-87, Note b.
Any individual, firm, association, syndicate, partnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for the
owner of record or for another, with consent of the owner of record.
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 or any other purpose. The following shall not be considered a subdivision within the meaning of this chapter if no new streets are created: divisions of land found by the Planning Board or subdivision committee thereof appointed by the Chairman 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, 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 municipality. The term "subdivision" shall also include the term "resubdivision". See § 102-14, Exemptions from subdivision and site plan regulations.
An application for development shall not be accepted as a
submission until it is certified as a complete application by the
approving authority. Until the application is deemed complete, the
material filed shall be considered an application for submission.
[Added 3-28-2012]
A determination by COAH approving a municipality's housing
element and fair share plan in accordance with the provisions of the
Fair Housing Act[5] and the rules and criteria as set forth herein.
[Added 6-9-2004]
A retail establishment containing over 60,000 square feet
of gross floor area which sells food and other household goods.
Portable pools shall not be subject to the pool requirements
of this chapter and are those pools which are not permanently installed;
do not require water filtration, circulation and purification; do
not exceed 18 inches in depth; do not exceed a water surface of 100
square feet; and do not require braces or supports.
An artificially constructed pool, whether located above or
below the ground, having a depth of more than 18 inches and/or a water
surface of 100 square feet or more, which is designed for use by members
of the associated household and guests and which is located on a lot
as an accessory use, and shall include all buildings, structures,
equipment and appurtenances thereto.
A Committee of at least three Planning Board members, appointed
by the Chairman of the Planning Board with the approval of the majority
of the Board, for the purpose of reviewing all applications prior
to action by the entire Board to determine whether such applications
comply with the ordinance provisions and to make recommendations to
the Planning Board for classifications and action. The Committee shall
be authorized to determine the need for professional services in the
performance of its duties and to utilize the services of the Planning
Board's professionals and such other professionals as the Board may
determine. In the event that no Technical Review Committee has been
created, the functions delegated to it shall be performed by the Planning
Board.
Any vehicle with a seating capacity of over nine persons
traveling for pleasure, business, educational or recreational purposes.
School buses from accredited educational institutions shall not be
considered tour buses.
[Added 12-19-2000]
One single-family dwelling in a line of three or more connected
single-family dwellings. Each single-family dwelling may have one
or two stories, but nothing in this definition shall be construed
to allow one dwelling unit over the other.
An area of land comprised of one or more lots having sufficient
dimensions and area to meet the requirements of this chapter for the
use(s) intended. The land area of the existing streets shall not be
included in calculating the area of the tract.
A vehicular portable structure built on a chassis and designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses, having an outside body length not exceeding 30 feet
and which may contain cooking, sleeping and sanitary facilities.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to N.J.S.A. 40:55D-40 of the Municipal Land Use
Law, as amended.
An agricultural use on a farm where grapes or grape vines
are grown and cultivated.
[Added 12-19-2000]
A fence-type construction, usually solid and usually made
of wood or masonry.
A building or group of buildings used for the long-term storage
of goods and materials by the owner of the goods or operated for a
specific commercial establishment.
[Added 5-14-2014]
Shall include animals normally kept in zoological gardens,
such as, but not limited to, lions, tigers, bears, deer, poisonous
snakes and alligators, as well as smaller locally indigenous animals,
such as raccoons and skunks, and/or any animal listed as an endangered
or threatened species by any state or federal agency.
[Added 5-14-1997]
A wind energy conversion system consisting of a wind turbine,
a tower and associated control or conversion electronics which has
a rated capacity consistent with applicable provisions of the State
Uniform Construction Code and which will be used primarily for on-site
consumption.
[Added 8-10-2011]
The height above grade of the tower plus the wind generator.
[Added 8-10-2011]
The height above grade of the fixed portion of the tower
excluding the wind generator.
[Added 8-10-2011]
Blades and associated mechanical and electric conversion
components mounted on top of the tower.
[Added 8-10-2011]
An establishment accessory to a vineyard where fruit juice,
wine or brandy is obtained by fermenting the natural contents of fruits
grown on site and where sugar or other agricultural product is added.
A winery includes the pressing of fruits for fermentation in barrels
or bottles and where the agricultural product is prepared for marketing.
At least 90% of the juice, wine or brandy must be produced from grapes
and fruit grown and cultivated in the vineyard or orchard on site,
except that for the first five years of the winery operation, at least
51% of the juice, wine and brandy must be produced from grapes and
fruit grown on site. A winery must have a farm winery license issued
by the State of New Jersey.
[Added 12-19-2000]
A retail component of a winery as covered in § 102-86D(16).
[Added 12-19-2000]
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio, pager and similar communication purposes, including self-supporting
lattice towers, guide towers or monopole towers. The term includes
radio and television transmitting towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and support thereto.
[Added 8-16-2006]
An open, unoccupied space extending away from a building
or structure in all directions. The minimum yard requirements shall
be the same as the minimum setback requirements. When measuring the
setbacks and yards required for a building or structure, they shall
be measured horizontally, in a straight line and in such perpendicular
or radial direction as will provide the largest setback or yard. For
front, side and rear yards, see the applicable definitions herein.
Where a development may involve more than one principal building on
a lot, such as, but not limited to, a shopping center, the distance
between any two principal buildings shall be the sum of the two abutting
yards of the buildings, unless the zoning requirements specify a specific
distance different from the sum of the two abutting yards. For example,
if the side of one building faces the side of another building, the
minimum distance between the two buildings shall be equal to the sum
of both required side yards, or front-to-rear, front-to-front, etc.
An open, unoccupied space extending across the full width
of the lot and lying between the street line and the closest point
of any permitted dwelling or permitted building or structure on the
lot. The depth of the front yard(s) shall be measured horizontally,
in a straight line and at right angles to either a straight street
line or the point of tangency on curved street lines. The minimum
required front yard shall be the same as the required front yard setback.
A corner lot or any lot abutting more than one street shall have a
front yard adjacent to each street.
The area extending across the full width of the lot and lying
between the rear lot line and closest point of the principal building
on the lot. The depth of the rear yard shall be measured horizontally,
in a straight line and at right angles to either a straight rear lot
line or the point of tangency on curved rear lot lines. The minimum
required rear yard shall be the same as the required rear setback.
The area 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, in a straight line and at right angles to either
a straight side line or the point of tangency on curved side lot lines.
The minimum required side yard shall be the same as the required side
setback.
