[Ord. No. 97-01 § 7; Ord. No. 07-01 § 3]
As used in this chapter:
ADMINISTRATIVE OFFICERShall mean the Administrative Officer as defined by the MLUL and shall be the Borough Clerk.
ADULT ARCADEShall mean any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or image-producing devices are maintained to show images to one person per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STOREShall mean an establishment, business or use having as a predominant part of its stock-in-trade books, magazines, photographs, pictures, films, motion pictures, videocassettes, devices or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and limiting the sale of such sexual matter to adults.
ADULT MOTION-PICTURE THEATERShall mean an enclosed building with the capacity of one or more persons used predominately for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas presented for observation by patrons therein.
AGRICULTUREShall mean the growing of crops, truck gardening, raising or breeding of horses, sheep, dairy, poultry or other farm livestock; orchard, wood lot, reforestation, nursery or greenhouses or other agricultural or horticultural purposes. Agricultural land shall include open or wooded acres, ponds, brooks, swamps and meadows.
ALTERATIONShall mean a change or rearrangement in any facade or structural part of an existing structure which alters the use or exterior appearance of that structure.
ARTIST'S BODY PAINTING STUDIOShall mean an establishment or business which provides the service of applying paint or other substances, whether transparent or nontransparent, to or on the human body when such body is fully or partially nude.
AUTOMOTIVE GASOLINE STATIONShall mean any establishment servicing motor vehicles with fuel, but not including repairs, changing of tires, or any other replacement of essential or accessory parts. Automotive gasoline stations may service automobiles by adding oil, windshield washer fluid, or similar fluids, but shall not provide any services which require bays or lifts, such as oil changes or lubrication of chassis.
AUTOMOTIVE SALES AND SERVICEShall mean any establishment selling new and/or used passenger cars and vans to the general public. Automotive sales and service may include, as an accessory to the sale of automobiles, service and repair facilities and the sale of parts, supplies and accessories. Automotive sales shall include the long term leasing of automobiles, and as an accessory to the servicing of automobiles, the short term rental of automobiles, but shall not include facilities solely for the long term or short term storage of used, damaged or repossessed automobiles.
AUTOMOTIVE SALES LOTShall mean any establishment selling new and/or used passenger cars and vans to the general public, but not including the dispensing of gasoline and fuel, service, repairs, or solely the storage of vehicles. Automotive sales shall include the long term leasing of automobiles.
AUTOMOTIVE SERVICE STATIONShall mean any establishment, whether or not serving gasoline, serving motor vehicles with vehicle maintenance not requiring extensive or prolonged mechanical work (for the purposes of this ordinance, extensive or prolonged mechanical work shall mean work which requires a vehicle to be on the site for a period of more than 15 days before completion). Service work offered shall be limited to: oil changes; lubrication; tune-ups; minor engine or drive train repairs; installation of tires, batteries, and accessories; wheel balancing and alignment; and the replacement of mechanical parts such as hoses, spark plugs, ignition wiring, brakes, alternators, water pumps and similar parts not requiring extensive repairs. Repair facilities which provide repairs and service to any large trucks or equipment such as semi-tractors, or heavy grading equipment shall not be considered automotive service stations. Repair facilities which provide automotive body or collision repairs shall not be considered automotive service stations.
BILLBOARDShall mean any permanent sign, notice or advertisement, pictorial or otherwise, regardless of its size or dimension, used as an outdoor display not related to a use on the lot on which it is located.
BOARDING HOUSE OR ROOMING HOUSEShall mean a building or part thereof, other than a hotel/motel or restaurant, wherein furnished or unfurnished rooms, with or without cooking facilities are provided for compensation for one or more persons not related to the owner or proprietor.
BUFFERShall mean an area of heavy planting, which may include berms and/or fencing, so installed to provide both a visual and an acoustical barrier between properties.
BUILDINGShall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
BUILDING - PRINCIPALShall mean a building on a lot in which the principal use of that lot is conducted.
CABARETShall mean an establishment or use which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.
CAR WASHShall mean a building or structure or portion thereof where vehicles are washed or cleaned as the principal use.
CELLARShall mean any story which is not a "story above grade" as defined in this section. The term "basement" shall also mean "cellar."
CERTIFICATE OF COMPLIANCEShall mean a certificate issued by the Zoning Officer stating that the building or the proposed use thereof complies with the provisions of this chapter.
CERTIFICATE OF OCCUPANCYShall mean a certificate issued by the Construction Official or designated representative, pursuant to the respective Borough ordinance requiring the Certificate of Occupancy, upon completion of the construction of a new building or upon a change in the use, occupancy, and/or occupants 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.
CHAPTERShall mean a chapter of the Revised Ordinances of the Borough of Farmingdale.
CHILD DAY CARE CENTERShall mean a facility within which child care services for preschool children thru kindergarten, and/or preschool education including kindergarten, are provided on a daily basis, and provided the facility is licensed by the N. J. Division of Youth and Family Services. A preschool shall be considered a child day care center. For the purposes of this chapter, a child day care center shall not be considered a private school or a public school.
CLUBShall mean 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. 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. A club shall be considered to be a quasi-public use.
CLUSTER DEVELOPMENTShall mean the subdivision or development of a tract in which a portion of the tract may be developed at a greater density or intensity of land use in exchange for the appropriate reservation, through deed restriction, of common open space, or land for other public purposes, on the remainder of the tract.
CODEShall mean the Revised General Ordinances of the Borough of Farmingdale.
CONDITIONAL USEShall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefore by the Planning Board.
CONSERVATION EASEMENTShall mean the reservation of any portion of a tract or site by easement, as required by the Planning Board, for the purpose of protecting and maintaining the natural characteristics of the designated area which are in existence at the time of the development application.
CROSSWALK OR WALKWAYSShall mean a right-of-way, dedicated to public use, to facilitate pedestrian access through a subdivision or site.
CURB LEVELShall mean the grade at the top of the curb in front of the midpoint of the lot as established by the Municipal Engineer.
DECKShall mean a roofless platform or raised floored area which is attached to a building.
DEVELOPMENTShall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, 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, or amendment thereto adopted and filed pursuant to this Act.
DRAINAGE RIGHT-OF-WAYShall mean the lands required by the installation of storm sewers or drainage ditches or lands or interests therein required along a natural or man-made stream or watercourse for preserving the channel and providing for the flow of water therein, so as to safeguard the public against flood damage in accordance with N.J.S.A. 7:13-1, et seq. as amended and supplemented to date.
DRIVE-IN/DRIVE-THRU RESTAURANTShall mean any eating establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles on the premises.
DWELLING UNITShall mean 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, but not including units in hotels, motels or other similar structures designed for transient residence.
DWELLING UNIT, EFFICIENCYShall mean a dwelling unit consisting of a single room or common space exclusive of bathroom or kitchen facilities.
DWELLING, MULTI-FAMILYShall mean a building used or designed as a residence for four or more families living independently of each other and doing their own cooking therein, including apartment houses and garden apartments, but not including townhouses, motels or hotels.
DWELLING, ONE-FAMILYShall mean a detached building designed for, or occupied exclusively by, one family.
DWELLING, THREE-FAMILYShall mean a building used or designed as a residence for three families living independently of each other and doing their own cooking therein.
DWELLING, TWO-FAMILYShall mean a building used or designed as a residence for two families living independently of each other and doing their own cooking therein.
EASEMENTShall mean a restriction established in a real estate deed, or shown and defined on the filed map of a subdivision, to permit the use of land by the public, a corporation, or particular persons for specific uses.
FACADEShall mean the total exterior wall surface, including door and window areas, of any side of a building.
FAMILYAs included in the term single-family and as may be used elsewhere in this chapter shall mean one or more persons, limited in number under the applicable housing code provisions, whether related by blood, marriage, or adoption, or unrelated, occupying a premises and living as a single nonprofit bona fide housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization or similar group, nor shall it include any group of persons whose use or occupancy of any dwelling is or is intended to be temporary. As utilized herein bona fide housekeeping unit shall mean a relationship between persons for maintaining a common household in a style generically characterized by a stability, permanency and functionality which in all respects, and to all outward appearances, presents a picture very much akin to that of a traditional family.
FARMShall mean a lot, as defined herein, having an area of not less than five acres and used exclusively for agricultural purposes as defined by this chapter. A single-family dwelling may be part of a farm.
FAST FOOD RESTAURANTShall mean any restaurant or eating establishment which primarily serves pre-packaged or pre-made meals for consumption on or off premises. A fast food restaurant may or may not have tables, and patron obtains food directly from the dispensing counter. The term "fast food restaurant" shall include drive-in/drive-thru restaurant.
FENCEShall mean a structure above the surface of the ground to enclose a yard or create a barrier.
FINISHED GRADEShall be the ground elevation measured directly adjacent to a building or structure.
FLOOD FRINGE AREAShall mean that portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus 25% of the regulatory base flood discharge.
FLOOD HAZARD AREAShall mean that portion of the flood plain consisting of the floodway and the flood fringe area.
FLOOD PLAINShall mean the channel and the relatively flat area adjoining the channel of a natural stream or river, which has been or may be covered by floodwater.
FLOODWAYShall mean the channel of a natural stream or river and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.
FLOORShall mean the lower surface of each story, attic or basement of a building.
FLOOR AREAShall mean the horizontal area of a floor of a building measured from the exterior faces of walls of each such floor.
FLOOR AREA RATIOShall mean the gross floor area of all principal and accessory buildings on a lot divided by the total lot area.
FLOOR AREA, GROSSShall mean the area of all floors of a building including interior halls, mezzanines, and finished storage space, including basement area. Exterior balconies, garages, and unfinished and unoccupied basements or attics shall not be included in the calculation of gross floor area.
GARAGE, PARKINGShall mean a building which is used for commercial purposes and is used only for the storage of motor vehicles.
GARAGE, PRIVATEShall mean 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.
HEIGHT, BUILDINGShall mean the vertical distance, in feet, measured from proposed floor elevation of the first story above grade to the highest point of the roof, except that where a building has a ground level parking garage, the height shall be measured from the average elevation of the floor or the parking garage. Chimneys, spires, water towers, elevator penthouses, tanks, and similar projections, other than signs, shall not be included in calculating building height. Mansard roofs shall be considered a roof for the purposes of determining building height. Building height in stories shall be measured in stories above grade.
HEIGHT, STRUCTUREShall mean the greatest vertical distance, in feet, measured any point of a structure, other than a building, to the lowest elevation of the finished grade as defined in this chapter.
HOME OCCUPATIONShall mean any gainful employment or occupation of one or more members of the resident family which shall constitute either entirely or partly the means of livelihood of such member or members, and which shall be clearly secondary or accessory to the primary residential use of the principal structure. Home occupations are normally in the field of work of the artisan, and may include such activities as dressmaking, millinery, watch making and repair, electrical and radio repair, and carpentry such as furniture, or cabinet making. Retail sales are permitted only as an adjunct to the home occupation, and only those goods or materials fabricated, repaired or assembled on the premises shall be permitted to be offered for retail sale on the premises. Automotive repair shall not be considered a home occupation.
HOME PROFESSIONAL OFFICEShall mean professional offices, including medical or dental offices, located within the residence of the proprietor, which do not generally require client visits to the site. Examples of such professions include engineers, architects, accountants, professional planners, and attorneys.
IMPERVIOUSShall mean any ground cover or surface, including buildings, that water can not readily penetrate. In addition to those surfaces normally used in paved areas, such as asphalt or portland cement, impervious surfaces shall include brick, landscape paving stones, compacted crushed stone, and similar compacted materials. The water surface of any swimming pool, fountain, pond or brook shall not be considered to be impervious.
JUNK OR SALVAGE YARDShall mean a lot, or structure, or part thereof, used primarily for the collecting, storage, and sale of waste paper, rags, scrap metal, or discarded material, or for the collection, dismantling, storage, and salvaging of machinery and/or motor vehicles.
LANDSCAPED AREAShall mean areas containing trees, shrubs, and ground covers, pervious pedestrian and recreation areas, ponds, streams or any other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers, impervious sidewalks, or areas utilized for outside storage. Required landscaped area shall be calculated by subtracting any required buffers, and undeveloped wetlands or floodplains, from the total lot area and multiplying the remaining lot area by the minimum percent of landscaped area required for the zone in which the property is located.
LOTShall mean 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.
LOT AREAShall mean 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.
LOT COVERAGE - BUILDINGShall mean the proportion of the lot area, expressed as a percent, that is covered by the maximum cross section of a building or buildings, including accessory buildings.
LOT COVERAGE - IMPERVIOUSShall mean the proportion of the lot area, expressed as a percent, that is covered by the maximum cross section of all impervious surfaces and buildings, including accessory buildings and structures.
LOT DEPTHShall mean the shortest horizontal distance between the street line and the rear lot line.
LOT FRONTAGEShall mean the horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be no less than 60% of the required minimum lot width. In the case of a corner lot, both frontages must meet the required lot frontage.
LOT LINEShall mean 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 unless the lot is legally subdivided.
LOT LINE, REARShall mean the lot line opposite the architectural rear of a building, or running generally parallel to the front lot line if no building exists on the lot. Every lot must have a rear lot line which shall be at least as long as 50% of the required lot width.
LOT WIDTHShall mean the straight and horizontal distance between side lot lines at points on each side lot line measured at the minimum required building setback line.
LOT, CORNERShall mean a lot at the junction of and fronting on two or more intersecting streets. All lot lines that front on a street shall be considered front lot lines. The lot lines or lines generally parallel to the architectural rear of the building shall be considered the rear lot line or lines.
In the case of a building facing toward the interior angle, rather than solely on one street frontage, there shall be no side lot lines, and any lot lines other than those considered front lot lines shall be considered to be rear lot lines.
Corner lots shall provide the minimum front yard setback for the respective zone for all intersecting streets. Where a building faces solely on one street, the required rear yard shall be provided on the side of the architectural rear of the building.
In residential zones, corner lots on collector, major, or arterial streets shall have driveway access only to the street of lesser traffic classification. Such driveway shall be a minimum of 50 feet or 2/3 of the lot frontage, whichever is less, from the corner of the parcel at the intersection of the streets.
LOT, THROUGHShall mean a lot running through from one street to another. A corner lot shall not be considered a through lot.
MASSAGE SHOPShall mean an establishment, business or use which provides the service of massage and body manipulation including exercises, heat, and light treatments of the body and all forms and methods of physiotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the State of New Jersey.
MLULShall mean the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.).
OPEN SPACEShall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental and related to the natural openness of the land.
OWNERShall mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence proceedings under this chapter to effect a subdivision of land hereunder for himself or another.
PARKING SPACEShall mean an off-street space available for the parking of a motor vehicle which in this chapter is held to be an area of nine feet wide and 18 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto, except that all parallel off-street parking spaces shall have an area of nine feet wide and 22 feet long. Designated parking spaces for the disabled shall comply with the requirements of the Americans with Disabilities Act. All parking spaces must be hairpin striped. Hairpin stripes shall be shaped like a hairpin and shall consist of two minimum four inch wide lines approximately one foot apart and connected at the end by a loop.
PATIOShall mean a grade level outdoor space for dining or recreation which is paved with impervious materials, stone or wood planking.
PLANNING BOARDShall mean the officially appointed Planning Board of the Borough of Farmingdale, New Jersey, pursuant to N.J.S.A. 40:55D-1, et seq. and as provided for in Article
III of this chapter—which Board is designed and implemented to carry out the traditional functions of both a Planning Board and a Zoning Board of Adjustment.
PLAT, FINALShall mean the final map of all or portion of the subdivision which is presented to the Planning Board as provided for in the Land Use Procedures section (Article
III) of this chapter.
PLAT, PRELIMINARYShall mean a preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board as provided for in the Land Use Procedures section (Article
III) of this chapter.
PLAT, SKETCHShall mean the sketch map of a subdivision of sufficient accuracy for submission to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
PORCHShall mean a deck, or patio which is attached to a principal structure, which has a roof.
PORCH - ENCLOSEDShall mean a porch which has one or more walls, other than the exterior walls of the principal structure, or is screened or partially screened during any period of time. An enclosed porch shall be considered a part of the principal structure for the purpose of determining required setbacks and maximum lot coverage - building.
PORCH - OPENShall mean a porch which has no walls other than the exterior walls of the principal structure, and is not screened or partially screened during any period of time.
PROJECTIONShall mean an extension of a building which protrudes or juts out from the vertical plane of the building not more than two feet.
PUBLIC UTILITYShall mean any utility which is operated by a municipal, county, or State agency or government, or any other utility which is governed by N.J.S.A. 48:2-13 of the Laws of the State of New Jersey.
RECREATIONAL ESTABLISHMENTShall mean an indoor recreational facility such as a health club, tennis club, gymnasium, batting cages or similar facility for the purpose of private recreational use.
RIGHT-OF-WAYShall mean the land and space required on the surface, subsurface, and overhead for the construction and installation of materials necessary to provide passage for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery and the proper amount of light and air as established by local authority, and shall be measured from lot line to lot line.
SATELLITE ANTENNA OR DISHShall mean a dish-shaped antenna used for the purpose of transmitting or receiving electronic signals.
SCHOOL, PAROCHIALShall mean a facility or use primarily for the education and instruction of individuals in academic or religious subjects and operated on a not-for-profit basis, from Kindergarten through Grade 12, and administered, supervised and directly affiliated with an exempted nonprofit organization.
SCHOOL, PRIVATEShall mean a facility or use primarily for the education and instruction of individuals in vocational, technical, academic, arts, or similar subjects. Examples of a private school include a dance studio, modeling school, karate or gymnastics school, vocational school. A child day care center or preschool shall not be considered a private school.
SCHOOL, PUBLICShall mean any school operated under the administrative authority of a duly constituted State, county, regional or municipal Board of Education.
SCREENINGShall mean a visual barrier made up of planted or architectural materials for the purpose of preventing the view of an object or area by the general public or from adjacent properties.
SERVICE DRIVEShall mean a roadway at least 22 feet in width which provides common access to two or more uses and, where adjacent to a public right-of-way, is separated from that right-of-way by a planting strip at least 25 feet wide.
SETBACKShall mean the minimum horizontal distance between the front, rear or side lot lines and the closest part of a structure. When two or more tax lots under one ownership are used, the exterior property lines so grouped shall be used in determining setback, provided that the lots are merged into one parcel. 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 structure is not permitted to extend.
SHOPPING CENTERShall mean a commercial site consisting of six or more separate business establishments which would otherwise be permitted within the zone.
SIGNShall mean any device, structure, or object including painted wall signs for visual communication that is used for the purpose of advertising the establishment, activity, or property on which the display is exhibited, but not including any flag of any governmental or quasi-public club or organization.
SIGN AREAShall mean the maximum projected area of the shape which encloses the sign, device or representation. In the case of lettering attached to building facades, the sign area shall be the product of the maximum vertical dimension multiplied by the maximum horizontal dimension of all lettering and symbols which form the sign, including the empty space between the letters and symbols.
SIGN, FREE-STANDINGShall mean a sign not attached to any building. For the purposes of this chapter, a billboard shall not be considered a freestanding sign.
SIGN, OVERHANGINGShall mean a sign attached to and perpendicular to an exterior wall of a building.
SIGN, ROOFShall mean a sign attached on a roof that projects higher than the highest part of the building. Also includes signs inscribed or painted on a roof except as required by the Federal Aviation Administration.
SITE PLAN - AMENDEDShall mean an amendment of an approved site plan provided that:
a. The construction and site work on the approved site plan have not been completed;
b. Proposed changes are incidental to the approved plan;
c. And the building square footage, parking and/or loading requirements, and runoff will not be increased.
SITE PLAN - MAJORShall mean any site plan which is not a Minor Site Plan or Amended Site Plan.
SITE PLAN - MINORShall mean any proposed alteration of an approved site plan or building exterior, for which construction has been completed, which does not involve any of the following:
a. The creation of or the need for additional parking or loading spaces;
b. The construction of additional impervious surface totaling more than 2% of buildable lot area; or
c. An increase in building coverage of more than 2% of buildable lot area.
SPECIFIED ANATOMICAL AREASShall mean:
a. Less than completely or opaquely covered human genitals, pubic regions, buttocks, or the female breast area.
b. Human male genitals in a discernibly rigid or aroused state, even if completely and/or opaquely covered.
SPECIFIED SEXUAL ACTIVITIESShall mean:
a. Human genitals in a state of sexual stimulation or arousal.
b. Acts of human masturbation, sexual intercourse, fellatio, cunnilingus or sodomy.
c. Fondling or other erotic touching of human genitals, pubic regions, buttocks or breasts.
STORYShall mean that portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above, provided that the minimum distance between the two upper surfaces is eight feet.
STORY ABOVE GRADEShall mean any story having its finished floor surface less than six feet below finished grade at any single point. A ground level parking garage shall not be considered a story.
STREAM RIGHT-OF-WAYShall mean 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 has been indicated in an officially adopted stream improvement program.
STREETShall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way: (1) which is an existing State, county, or municipal roadway; or (2) which is shown upon a plat heretofore approved pursuant to law: or (3) which is approved by official action as provided by law; or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET LINEShall mean that line determining the limit of the highway rights of the public. Street line and right-of-way line are synonymous.
STREET, ALLEYShall mean a minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting a street.
STREET, ARTERIALShall mean street used primarily for traveling between communities and designed to handle greater volumes of traffic than local or collector streets.
STREET, COLLECTORShall mean those streets which carry traffic from minor streets to the major and arterial streets.
STREET, CUL-DE-SACShall mean a local dead-end street terminating in a circular turnaround generally not used for ingress and egress by more than 10 abutting lots.
STREET, LOOPShall mean a continuous local street whose entrance and exit are parallel or nearly parallel to each other and generally not used for ingress and egress by more than 50 abutting lots.
STREET, MAJORShall mean those streets that form a continuous network connecting all arterial streets and provide through traffic movements and serve adjacent commercial, industrial and residential uses.
STREET, MINORShall mean those streets that need be entered only for stopping at a destination on that street and which need not be used for general circulation or through traffic.
STREET, RESIDENTIALShall mean a street or portion thereof which is located in a residential zone.
STRUCTUREShall mean 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.
SUBDIVIDERShall mean any individual, firm, association, syndicate, copartnership, corporation, or other legal entity commencing proceedings to subdivide the land for himself or for another according to the provisions of this chapter.
SUBDIVISION, AMENDEDShall mean an amendment to an approved subdivision which:
a. Does not change the number of lots created by the original subdivision;
b. Does not create any new variances;
c. Does not involve additional off-tract improvements, or the alteration of previously approved off-tract improvements;
d. Does not involve the reduction of dedicated open space.
SUBDIVISION, MAJORShall mean any subdivision not classified as a minor or amended subdivision.
SUBDIVISION, MINORShall mean a subdivision of land for the creation of not more than four lots, provided that such subdivision does not involve:
c. The extension of any off-tract improvement.
SWIMMING POOL AND TENNIS COURTS, PRIVATEShall mean a swimming pool and tennis court located as an accessory to a residential use on the same lot as the principal use it serves, is utilized only by the occupant of the residence or his nonpaying guests and is not operated for profit.
SWIMMING POOL AND TENNIS COURTS, PUBLICShall mean a swimming pool and tennis court open to the general public or open to members only of a club or organization whether operated for profit or not.
TATTOO SHOPShall mean an establishment, business or use which provides the services of applying a tattoo more specifically described as an indelible mark or figure etched on the surface of the body by the insertion of pigment into the skin.
USE, ACCESSORYShall mean a use which is incidental to that of a principal use on the same lot.
USE, NONCONFORMINGShall mean a use of a building or land that does not conform with the provisions of this chapter for the zone in which it is located.
USE, PERMITTEDShall mean a use of a building or land that conforms with the provisions of this chapter.
USE, PRINCIPALShall mean the primary purpose for which a specific lot is designed, arranged, intended or for which it is or may be occupied or maintained.
USE, PUBLICShall mean any use of land or structures thereon which is owned and used by the Federal, State, county or municipal governments. Public use shall also include property not owned by a governmental entity but is leased or used for that purpose.
USE, QUASI-PUBLICShall mean any use which is a public gathering place but not publicly owned, is nonprofit, not commercial in nature and not specifically listed elsewhere as a permitted or conditional use. The term "quasi-public" shall mean the same as the term "semi-public." Clubs, as defined in this chapter, shall be considered to be quasi-public uses.
YARDShall mean an open space on the same lot with a principal building, open, unoccupied and unobstructed by buildings from the ground to the sky, except as otherwise provided in this chapter. The minimum required yard shall be the same as required setback.
YARD, FRONTShall mean the yard extending across the entire width of the lot between the street line and the required front setback.
YARD, REARShall mean the yard extending across the entire width of the lot between the rear lot line and the required rear setback.
YARD, SIDEShall mean a yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the required side setback.