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Hainesport City Zoning Code

ARTICLE II

Definitions and Word Usage

§ 104-4 Standard usage.

Any word or term not defined shall be used with a meaning of standard usage for the context in which the word is used.

§ 104-5 Statutory definitions adopted by reference.

Unless a contrary intent is specifically indicated by the context, the statutory definitions set forth under N.J.S.A. 40:55D-3, 40:55D-4, 40:55D-5, 40:55D-6 and 40:55D-7 are hereby adopted by reference.

§ 104-6 Definitions.

A. 
Certain phrases and words are defined herein as follows:
ACCESSORY BUILDING, STRUCTURE OR USE
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, including but not limited to garages, carports, barns, decks, kennels, sheds, nonportable swimming pools, tennis courts, paved areas except driveways, all roofed structures and other open air uses. Any accessory building attached to the principal building shall be considered part of the principal building.
[Amended 8-24-1999 by Ord. No. 1999-5-7; 11-22-2005 by Ord. No. 2005-19-10]
ADMINISTRATIVE OFFICER
For the purpose of certifying an application as complete or incomplete, the applicable reviewing board shall be the "administrative officer" unless, by resolution, the board elects to delegate that responsibility to the Township Administrator, who shall be the "administrative officer" for the Township of Hainesport for other purposes.
ADULT ACTIVITIES
Includes, but is not limited to, uses commonly referred to as "adult bookstores," "adult movies," "adult live entertainment" and "massage parlors."
[Added 8-24-1999 by Ord. No. 1999-5-7]
ADVERSE EFFECT
Conditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on surrounding properties, including, but not limited to, inadequate drainage facilities, inadequate public utilities, unsuitable street grades, street locations that fail to compose a convenient system, and failure to provide or make future allowances for access to the interior portion of adjoining lots or for other facilities required by this chapter.
[Added 8-24-1999 by Ord. No. 1999-5-7]
AFFORDABLE ACCESSORY APARTMENT
Affordable accessory apartment shall mean one self-contained residential dwelling unit with a kitchen with cooking facilities and a kitchen sink, complete sanitary facilities, sleeping quarters and a private entrance for the exclusive use of its occupants which is created through the conversion of an existing attached accessory structure on the same site, or by an addition to an existing home or accessory building, to be occupied by a "low-" or "moderate-" income household in accordance with the applicable provisions of the "Substantive Rules" of the New Jersey Committee On Affordable Housing (COAH) at N.J.A.C. 5:97-6.8 and N.J.AC. 5:80-26.1 et seq., the Uniform Housing Affordability Controls (UHAC) with the exemptions specified in N.J.A.C. 5:97-6.8. It shall consist of no less than two rooms, one of which shall be a full bathroom. The unit shall be accessory and incidental to the principal single-family residential use located on the same lot.
[Added 1-30-2024 by Ord. No. 2024-1]
AGRICULTURAL PURPOSE
The growing and harvesting of crops and/or the raising and breeding of livestock on land on which no structure other than a fence or a building to contain livestock or for storage of materials and products related to the agricultural use will be erected.
ALTERATIONS OR ADDITIONS, STRUCTURAL
Any change in supporting members of a building or additions to a structure requiring installation or removal of walls, foundations, columns, beams, girders, posts or piers or the moving of a structure.
AMUSEMENT PARKS, KIDDIE LANDS and RIDES
The operating or causing to be operated of any business, whether in the open or under cover, maintained for the amusement and entertainment of children, wherein any admission is charged and rides or other amusement devices are offered for use of children, and these provisions shall be deemed to prohibit any circus, sideshow and concession operating in conjunction with a circus.
[Added 8-24-1999 by Ord. No. 1999-5-7]
ANIMAL HUSBANDRY
The agricultural practice of breeding and raising livestock.
[Added 11-22-2005 by Ord. No. 2005-19-10]
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents, fees and certifications required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or issuance of a permit pursuant to Section 25 or Section 27 of Chapter 291, Laws of New Jersey 1975,[1] the applicant being the developer submitting an application for development.
ARCADES
Any business or use of coin-operated amusement machines and other devices operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill; provided, however, that nothing herein shall be deemed to prohibit the licensing by the Township Committee pursuant to ordinance of coin-operated amusement machines in a single location, business or building where the use or business of said machines is an accessory use to a primary use permitted.[2]
[Added 8-24-1999 by Ord. No. 1999-5-7]
ASSISTED LIVING FACILITY
A personal care and support service facility that provides resident accommodations for senior citizens that, although generally ambulatory, need help with activities of daily living.
[Added 8-24-1999 by Ord. No. 1999-5-7]
BASEMENT
The portion of the building which has more than 1/2 of its interior height measured from floor to finished ceiling below the average finished grade of the ground adjoining the building.
BLOCK
The length of one side of a street between two street intersections.
BUILDING
Any structure or extension thereof or addition thereof having a roof supported by such things as columns, posts, piers or walls and intended for shelter, business, housing or enclosing of persons, animals or property.
[Added 8-24-1999 by Ord. No. 1999-5-7]
BUILDING COVERAGE
The area occupied by all buildings on a lot measured on a horizontal plane and including the area under the roof of any structure as measured around the extremities of the roof.
BUILDING HEIGHT
The vertical distance from the guard of the highest roof beams of a flat roof, or the mean level of the highest gable or slope of a hip roof, to the finished grade adjacent to the building.
BUILDING LINE
A line formed by the vertical projection to the ground of the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical projection will coincide with the surface nearest the lot line. A building line shall not be closer to the street line than the required front yard depth.
CANNABIS BUSINESS
Any person or entity that holds any of the six classes of licenses established under P.L. 2021, c. 16, the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."
[Added 12-12-2023 by Ord. No. 2023-10]
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 Cannabis Distributor license.
[Added 12-12-2023 by Ord. No. 2023-10]
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler license.
[Added 12-12-2023 by Ord. No. 2023-10]
CARTWAY
The hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the edges of the paved or graded width.
[Added 8-24-1999 by Ord. No. 1999-5-7]
CLUSTER DEVELOPMENT
Development based on an overall density for the entire tract with the dwelling units generally located on individual lots reduced in size so that higher densities result in segments of the tract with common open space, common property or open space generated on the remainder of the tract.
COMMON PROPERTY
Land and/or water, together with improvements, designed and intended for ownership, use and responsibility by the tenants and/or owners of the dwelling units in the development.
CONDITIONAL USE
A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this chapter.
[Added 8-24-1999 by Ord. No. 1999-5-7]
DECK
A platform of wood, plastic or other material open to the sky.
[Added 8-24-1999 by Ord. No. 1999-5-7]
DEDICATION AND ACCEPTANCE OF IMPROVEMENTS
Only the Township Committee can bind the community to the acceptance of improvements with the resulting future expenditure of funds for their maintenance. All improvements for which acceptance of a dedication is sought shall be referred to the Township Committee for its action by resolution.
DENSITY
A number expressing dwelling units per acre.
DOMESTIC ANIMALS
Dogs, cats, confined domestic hares and rabbits, fish, small birds, gerbils and animals similar in nature customarily kept as pets in a single-family residential environment for noncommercial purposes. Excluded from this definition are farm animals such as sheep, horses, cattle, goats, swine, fowl, ducks, geese and turkeys and domesticated wild animals such as wolves, foxes, apes, monkeys, snakes, rats and similar rodents.
[Added 4-12-1994 by Ord. No. 1994-4-3]
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means and including control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation and prevention or alleviation of flooding.
[Added 8-24-1999 by Ord. No. 1999-5-7]
DRAINAGE AND UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
[Added 8-24-1999 by Ord. No. 1999-5-7]
DWELLING, APARTMENT
A room or a group of rooms intended for the occupancy of one family living as an independent unit, doing its own cooking, sharing common facilities with other primary uses located on the same lot.
DWELLING, DUPLEX
Two dwelling units, each on separate lots and sharing a common wall.
DWELLING, ONE-FAMILY ATTACHED (TOWNHOUSE)
One dwelling unit in a line of at least three dwelling units, in which each unit has its own front and rear yard access, no unit is located over another unit, each unit is separated from others by a fire wall and each unit has its own independent utilities.
DWELLING, ONE-FAMILY DETACHED
A detached building designed for or occupied exclusively by one family on a separate lot with yard areas on all sides.
DWELLING, TWO-FAMILY
A detached or semidetached building designed for not more than two individual families or containing not more than two dwelling units, which are separated entirely by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
DWELLING UNIT
One or more rooms providing living facilities for one family, including equipment for cooking or provisions for the same.
EASEMENT
A use or burden imposed on real estate by deed or other legal means to permit the use of land by the municipality, the public, a corporation or particular persons for specific uses.
[Added 8-24-1999 by Ord. No. 1999-5-7]
ESSENTIAL UTILITIES
The erection, construction, alteration or maintenance by public utilities or telephone companies or municipal or other governmental agencies of underground or overhead gas, electric, steam, water or sewage transmission or distribution systems, including buildings, poles, wires, mains, drains, sewers, pipes, conduits, cables, company fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities, telephone companies or municipal or other government agencies for the public health or safety or general welfare.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
FAMILY
A single individual or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit with cooking facilities in a domestic relationship based upon birth, marriage or other domestic bond.
FARM STAND
A temporary structure designed and utilized for the display and sale of farm products produced on the property on which the structure is located. Said structure shall be open to view from the roadway and may not be furnished with permanent heating facilities.
FENCE and WALL
A barrier which permanently or temporarily prohibits or inhibits unrestricted travel between properties or between the street or public right-of-way and a property.
FLOODPLAIN
The relatively flat terrain adjoining a water channel, which has been or may be hereafter covered by floodwater of the channel, including the following components:
[Added 8-24-1999 by Ord. No. 1999-5-7]
(1) 
FLOODWAYThe river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than 0.2 foot.
(2) 
FLOOD HAZARD AREALand in the floodplain subject to a one-percent or greater chance of flood in any given year.
(3) 
FLOOD FRINGE AREAThat portion of the flood hazard area outside of the floodway.
GARAGE, PRIVATE
A building or space accessory to a residence which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLIC
A building or part thereof, other than a private garage, used for the storage of motor vehicles for profit, which may include the sale of fuels or accessories or keeping of vehicles for hire as a secondary use.
GARDEN APARTMENT
An integrated development of individual dwelling units which utilize such common facilities as yard areas, parking and garage areas, pedestrian walks and utility and sanitary systems, consisting of a group of separate buildings, not exceeding 35 feet in height, each of which contains not more than 16 nor fewer than four separate dwelling units, each of which has a separate entrance at ground level with the buildings located on a lot which is held and is designed to be held in single and separate ownership.
GOVERNING BODY
The Mayor and Township Committee.
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought to grades as shown on approved plans.
GROSS FLOOR AREA
As defined in the Uniform Construction Code Building Subcode.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
HISTORIC RESOURCE
Any site, building, area, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.
[Added 8-24-1999 by Ord. No. 1999-5-7]
HOME CRAFT (HOME OCCUPATION)
Any occupation carried on as a subordinate use to the primary residential use solely by a member of the family residing on the premises of a residential lot.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
HOMEOWNERS' ASSOCIATION
An incorporated nonprofit organization operating in a development under recorded land agreements through which each lot owner shall be a member and each dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township, and each owner and tenant has a right to use the common property.
HOME PROFESSIONAL OFFICE
The office, studio or occupational room of a licensed physician, surgeon, dentist, architect, licensed professional engineer or attorney engaged in direct personal services performed solely by a member of the family residing in the dwelling upon the residential lot.
HOTEL and MOTEL
A building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residency, except that up to 3% of the total units may be provided for the sole use of resident employees.
[Added 8-24-1999 by Ord. No. 1999-5-7]
HOUSEKEEPING UNIT
One or more persons living in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
IMPERVIOUS COVERAGE RATIO (ICR)
The ratio of gross floor area to the area of the lot or tract.
[Added 8-24-1999 by Ord. No. 1999-5-7]
IMPERVIOUS OR IMPERMEABLE SURFACE
Any natural or man-made surface that does not permit infiltration of water and/or causes surface runoff.
[Added 8-24-1999 by Ord. No. 1999-5-7]
INSTITUTIONAL USE
Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; churches; public office buildings; cemeteries; and other similar facilities.
[Added 8-24-1999 by Ord. No. 1999-5-7]
JUNK
Any secondhand, discarded or unused waste material of any type, including but not limited to iron, metal, glass, paper, rags, clothes, machines, more than two unregistered motor vehicles incapable of normal operation, used parts or accessories of motor vehicles which in bulk constitute two motor vehicles and all other materials commonly or generally known as "junk" in the ordinary meaning of the word.
JUNKYARD
Any area of land, with or without buildings, 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 or of any material whatsoever, is specifically prohibited.
[Amended 8-24-1999 by Ord. No. 1999-5-7]
LANDOWNER
Any individual, corporation, association, trust or any other legal entity having legal title to the land. The holder of an option, contract to purchase or other enforceable proprietary interest in such land may file an application for the purposes of this chapter.
LIGHT-EMITTING DIODE (LED)
A technology utilizing solid-state devices to convert electric energy into light.
[Added 2-12-2013 by Ord. No. 2013-1-1]
LOADING SPACE
An improved off-street berth on the same lot with a building or group of buildings for the temporary parking of a vehicle while loading or unloading and not conflicting with or occupying space designated for parking or maintenance of on-site circulation patterns.
LOT
Any parcel of land separated from other parcels or portions as by a subdivision plat or deed of record, survey map or by metes and bounds, except that, for purposes of this chapter, contiguous undersized lots under one ownership shall be included in calculating the lot boundaries or areas.
[Added 8-24-1999 by Ord. No. 1999-5-7]
LOT AREA
The area contained within the lot lines, but not including any portion of a street right-of-way. The minimum lot area of a lot fronting on a street proposed to be widened in the adopted Master Plan or Official Map shall be the minimum area required for the district in which it is located, plus the additional area needed to anticipate the ultimate widening of the street.
LOT, CORNER
A lot at the junction of two or more intersecting streets where the interior angle of the intersection does not exceed 135º.
LOT COVERAGE
The area of a lot covered by an impervious surface, such as a roof or paving.
LOT DEPTH
The shortest horizontal distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.
LOT FRONTAGE
The horizontal distance between the side lot lines measured along the street right-of-way line. The minimum lot frontage shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width. In the case of a corner lot, either side may be considered the lot frontage, provided that the minimum frontage requirement is met for the zone in which the lot is located.
LOT LINE
Any line forming a portion of the exterior boundary of a lot. The lot line is the same line as the street line for the portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level.
LOT WIDTH
The horizontal distance between side lot lines measured at setback points on each side lot line an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line.
MAINTENANCE BOND
Any security acceptable to the governing body to assure the maintenance of duly approved improvements installed by the developer after the final inspection of the improvements and in accordance with this chapter.
[Added 8-24-1999 by Ord. No. 1999-5-7]
MARGINAL STREETS
Streets which are primarily designed to service the commercial and residential areas through which they pass and which are not primarily designed to handle through traffic. Standards for said streets assume light or medium flow and parking on one or both sides of the street.
MASTER PLAN
A composite of the mapped and written plans recommending the physical development of the municipality which shall have been adopted by the Planning Board.
[Added 8-24-1999 by Ord. No. 1999-5-7]
MEAN ELEVATION
The average of the ground level measurements computed at the four extreme corner points of any proposed or existing building.
[Added 8-24-1999 by Ord. No. 1999-5-7]
MINOR SUBDIVISION
A subdivision of land that does not involve the creation of more than three lots, including the remainder of the original lot; planned development as defined in the Municipal Land Use Law;[3] any new street; or extension of any off-tract improvement, the cost of which is to be prorated pursuant to the off-tract improvements section contained in § 104-95 of this chapter.
[Amended 3-11-1980 by Ord. No. 1980-3]
MOBILE HOME
A dwelling unit manufactured in one or more sections, designed for long-term occupancy, and which can be transported after fabrication to a site where it is to be occupied.
[Added 8-24-1999 by Ord. No. 1999-5-7]
MODULAR HOME
A standard construction dwelling unit in which some or all of the structural skin or service units (i.e., kitchens, baths) are manufactured off site in a factory, transported to the site and tied in and erected on a foundation prepared on site. The term includes "module," "pre-fab," "factory-built," "panel-built," etc. The completed unit must meet standards of the municipal building code,[4] and the unit is considered real property.
[Added 8-24-1999 by Ord. No. 1999-5-7]
MOTOR VEHICLE and TRAILER
Any automobile, truck, tractor, motor home, motorcycle, moped, recreational vehicle, motor boat, farm implement or piece of construction equipment which is capable of self-propulsion on roads or in water. For the purpose of this chapter, "motor vehicle" shall include trailers, campers and camper cars which are towed or carried on a motor vehicle.
[Added 8-25-1987 by Ord. No. 1987-9-6]
MOTOR VEHICLE FUELING STATION
A business which dispenses fuels and lubricants for direct use by motor vehicles to the general public. Uses such as the provision of compressed air or vacuum services are permitted as accessory uses to a motor vehicle fueling station.
[Added 8-25-1987 by Ord. No. 1987-9-6; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
MOTOR VEHICLE SERVICE STATION
A business which installs replacement parts in motor vehicles or a business which repairs or repaints motor vehicles, including but not limited to body shop, brake, tire and muffler replacement and tire replacement.
[Amended 8-25-1987 by Ord. No. 1987-9-6]
MUNICIPAL AGENCY
The Planning Board or any agency created by or responsible to one or more municipalities when acting pursuant to N.J.S.A. 40:55D-1 et seq.
[Added 8-24-1999 by Ord. No. 1999-5-7]
NONCONFORMING BUILDING OR STRUCTURE
A building or structure which, in its location upon a lot or in its size, does not conform to the regulations of this chapter for the zone in which it is located.
[Added 8-24-1999 by Ord. No. 1999-5-7]
NONCONFORMING LOT
A lot of record which does not have the minimum width, frontage, or depth or contain the minimum area for the zone in which it is located.
[Added 8-24-1999 by Ord. No. 1999-5-7]
NONCONFORMING USE
A use occupying a building, structure or lot which does not conform to the use regulations of the district in which it is located.
[Added 8-24-1999 by Ord. No. 1999-5-7]
OFFICE
A place for the transaction of business where reports are prepared, records kept and services rendered, but where no retail sales are offered and where no manufacturing, assembly, distribution or fabricating takes place.
OFF-SITE AND OFF-TRACT IMPROVEMENTS
Improvements made outside the lot in question or the original tract, respectively, to accommodate conditions generated inside the original tract as the result of the proposed development, which shall include, but not be limited to, installation of new improvements and extensions and modifications of existing improvements.
PARKING SPACE
An area for the parking of a motor vehicle which is improved, designated and provided with adequate access to an improved municipal street, the area, configuration and construction of which is specified in this chapter.
PATIO
Paved areas open to the sky.
[Added 8-24-1999 by Ord. No. 1999-5-7]
PERFORMANCE GUARANTY
Any security, in accordance with the requirements of this chapter, which may be accepted in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including performance bonds, escrow agreements and other similar collateral or surety agreements.
[Added 8-24-1999 by Ord. No. 1999-5-7]
PERMIT, BUILDING
A certificate issued by the Construction Official for the construction, reconstruction, remodeling, alteration or repair of a building upon approval of the submitted plans for said building change.
PERMIT, CERTIFICATE OF OCCUPANCY
A certificate issued by the Construction Official upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this chapter or such adjustment thereof which has been granted by the reviewing board and all other applicable regulations have been complied with.
PERMIT, USE
A certificate issued by the Zoning Officer stating that the purpose for which a building or land is to be used is in conformance with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.
PERSONAL SERVICES
Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, without limitation as to frequency of use, which are utilized by customers on an ongoing and reasonably frequent basis. Examples, without limitation, would include barbershops; beauty or hair salons; dry-cleaning establishments; laundromats; nail salons; shoe repair shops; tailors and dressmakers; and similar uses.
[Added 4-12-2011 by Ord. No. 2011-2-3]
PORCH
A roofed, open structure projecting from the front, side or rear wall of a building and having no enclosed features of glass, wood or other material more than 30 inches above the floor thereof, except the necessary columns to support the roof. A porch may be screened.
[Added 8-24-1999 by Ord. No. 1999-5-7]
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which said building is situated.
PRINCIPAL USE
The main purpose for which a lot or building is used.
[Added 8-24-1999 by Ord. No. 1999-5-7]
PRINTING OR PUBLISHING HOUSE
A business where the writing and production of a newspaper, periodical or magazine is produced in excess of 100 copies per day or 700 copies per week.
[Added 8-25-1987 by Ord. No. 1987-9-6]
PUBLIC PURPOSE
The use of land by the Township of Hainesport Committee, Township of Hainesport School Board or some officially created Township of Hainesport agency or authority.
[Added 8-24-1999 by Ord. No. 1999-5-7]
PUBLIC UTILITIES
Corporations, many of which are subject to Board of Public Utilities rules and regulations, which operate public franchises for the provision of items such as telephone, gas, electric, cable television, railroad, omnibus and telegraph services. Said corporations shall not include or be confused with any service provided by the Township of Hainesport or any of its boards, authorities, commissions or agencies.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
RESTAURANT
Any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by an agency or group or an approved vendor operating the recreational facilities and for the convenience of patrons of the facility shall not be deemed to be a restaurant.
RESTAURANT, DRIVE-IN
An establishment where patrons are served food, soft drinks, ice cream and similar confections for principal consumption off the premises or in automobiles parked upon the premises, regardless of whether or not in addition thereto seats or other accommodations are provided for the patrons.
RESTAURANT, FAST-FOOD
An establishment designed primarily for over-the-counter service which primarily serves a limited, standardized menu of quickly prepared and preprepared foods, such as hamburgers, fried chicken, fried fish, baked goods, ice cream and the like, packaged in paper or other types of disposable wrappers and containers for immediate service to patrons primarily for immediate consumption, whether or not interior seating is provided; for example, McDonald's, Burger King, Wendy's, Taco Bell, Roy Rogers and Pizza Hut.
[Added 8-25-1987 by Ord. No. 1987-9-6]
REVIEWING BOARD
Either the Planning Board, Zoning Board of Adjustment or the Township Committee for the Township of Hainesport having jurisdiction pursuant to this chapter and the Municipal Land Use Law of 1975, P.L. 1975, c. 291,[5] over an application for development.
REVIEWING ENGINEER
Depending on the nature of the application, the term shall refer to the engineer employed by the reviewing board having jurisdiction over the application for development. In the case of improvement sought ultimately to be dedicated to the Township, the term shall refer to the Township Engineer.
SCHOOL
An institute intended and used for academic instruction and accredited by the State of New Jersey for that purpose.
SEASONAL HIGH-WATER TABLE
The level below the natural surface of the ground to which water seasonally rises in the soil in most years.
[Added 8-24-1999 by Ord. No. 1999-5-7]
SELF-STORAGE FACILITIES
A building or buildings which contain units available for lease to the general public (or a portion of the general public) for the purpose of storing personal property ("facilities"). Examples of facilities include those operated as franchises such as "public storage."
[Added 4-12-2011 by Ord. No. 2011-2-3]
SERVICE STATION
Lands and buildings where motor fuel, lubricants, miscellaneous accessories and services for motor vehicles are dispensed, but where no vehicular painting and/or body work is done and where no junked or unregistered motor vehicles are kept or stored and where no more than three inoperable vehicles are kept or stored on site.
SETBACK LINE
A line drawn parallel to a street line or lot line and drawn through the point of the building nearest to the street line or lot line, beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the proposed right-of-way width as shown on the Official Township Map.
SHED
A small building or lean-to used for storage.
[Added 8-24-1999 by Ord. No. 1999-5-7]
SHOPPING CENTER
One or more buildings or parts thereof designed as a unit to be occupied by one or more business enterprises for the conduct of business and conducted as an integrated and cohesively planned development.
SIGHT TRIANGLE
A triangular area abutting two intersecting streets where vision is unobstructed.
SIGN
Any announcement, declaration, illustration or insignia placed in a position to be seen by the general public from any street or public way.
SIGN, AREA OF
The area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign.
SILTATION BASIN
A facility designed to collect silt and eroded soil from a designated area.
SITE PLAN EXEMPT
The following shall be exempt from site plan review:
[Added 4-12-2011 by Ord. No. 2011-2-3]
(1) 
Single-family dwellings and their accessory buildings, structures and uses, except for home occupations which shall require minor site plan review.
(2) 
Two-family dwellings and their accessory buildings, structures and uses.
(3) 
Fences on single-family and two-family lots.
(4) 
Building alterations which do not involve exterior changes, which do not involve increased floor area, where there is no change in use and where there is no increase in impervious coverage.
(5) 
Changes in tenancy which do not involve exterior building alterations, where there is no change in actual use of the building (i.e., a clothing store becomes a clothing store, or a restaurant becomes a different restaurant) and where there is no increase in impervious coverage. A change in use from a permitted use to another permitted use, where the proposed use is different from the existing use (i.e., changing a restaurant to a clothing store) shall require minor site plan review, even though both uses may be permitted in that particular zone.
SITE PLAN, MAJOR
Any development plan not classified as a minor site plan.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
SITE PLAN, MINOR
Any development plan which is limited to the proposed construction of any permitted accessory use(s), such as a sign, home occupation or off-street parking area of 10 spaces or fewer, as defined in § 104-6, or any development plan consisting of an expansion of or addition to an existing conforming structure and use not exempted from site plan review by § 104-24 and not accounting for more than 10% additional building or lot coverage and not exceeding 5,000 square feet of enclosed and roofed area, provided that such development plan does not involve a planned development, the installation of any road improvements or expansion of public facilities, does not adversely affect the development of an adjoining property or premises and does not require the granting of a variance.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
STORY
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 not be considered a ceiling. A half story is the area under a pitched roof at the top of a building, the floor of which is at least four feet, but no more than six feet, below the plate.
[Added 8-24-1999 by Ord. No. 1999-5-7]
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq., as amended), or a street or way 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, sidewalks, parking areas and other areas within the street lines.
[Added 8-24-1999 by Ord. No. 1999-5-7; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
STREET LINE
The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on an adopted Master Plan or Official Map or as required by this chapter, forming the dividing line between the street and the lot.
STRUCTURE
Anything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including buildings, fences, tanks, towers, signs, advertising devices, swimming pools and tennis courts.
[Added 8-24-1999 by Ord. No. 1999-5-7]
SUBDIVISION
[Added 8-24-1999 by Ord. No. 1999-5-7]
(1) 
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
(a) 
Divisions of land found by the Planning Board or Subdivision Committee thereof to be for agricultural purposes where all resulting parcels are five acres or larger in size;
(b) 
Divisions of property by testamentary or intestate provisions;
(c) 
Divisions of property upon court order, including, but not limited to, judgments of foreclosure;
(d) 
Consolidation of existing lots by deed or other recorded instrument; and
(e) 
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons, and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality.
(2) 
The term "subdivision" shall also include the term "resubdivision."
SURFACE GRADING
The process by which virgin ground is altered to adjust ground elevation.
[Added 8-24-1999 by Ord. No. 1999-5-7; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
SWIMMING POOL
Facilities constructed above or below ground having a depth of more than two feet and/or a water surface of 100 square feet or more and designed and maintained for swimming purposes.
TEMPORARY BUILDING
An enclosed or semienclosed structure utilized by contractors, architects or materialmen on site during the construction of an approved development application. In no event, however, shall the use made of such buildings be residential or commercial in nature. "Temporary building" may include trailers.
TOWING STATIONS
The operating or causing to be operated of any business of towing or removing wrecked or disabled motor vehicles from any location.
[Added 8-24-1999 by Ord. No. 1999-5-7]
TOWNSHIP
The Township of Hainesport.
USED CAR LOTS
The operating or causing to be operated of any business for selling, exchanging, leasing, renting or otherwise disposing or using of used or secondhand motor vehicles.
[Added 8-24-1999 by Ord. No. 1999-5-7]
UTILITIES
Those services customarily rendered by corporations or the municipality, under the review of the Board of Public Utilities, for public service, such as electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services.
[Added 8-24-1999 by Ord. No. 1999-5-7; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
VIRGIN GROUND
Ground in its natural state.
[Added 8-24-1999 by Ord. No. 1999-5-7]
WETLANDS, FRESHWATER
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophitic vegetation"; provided, however, that in designating a wetland, the three-parameter approach (that is, hydrology, soils and vegetation) enumerated in the April 1, 1987, interim-final draft "Wetland Identification and Delineation Manual" developed by the United States Environmental Protection Agency, and any subsequent amendments thereto, shall be used.
[Added 8-24-1999 by Ord. No. 1999-5-7]
WETLAND SOILS
Those soils designated as very poorly drained or poorly drained by the Natural Resources Conservation Service of the United States Department of Agriculture, including, but not limited to, Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns and freshwater marsh and tidal marsh soil types.
[Added 8-24-1999 by Ord. No. 1999-5-7; amended at time of adoption of Code (see Ch. 1, General Provisions, Art II)]
YARD
The area extending between the closest point of any building and a lot line or street line. In an apartment, townhouse, industrial park or other development where more than one building may be erected on a lot, "yard" shall also be the open space extending between structures. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangency of curved lines and facades. The minimum distance between buildings in developments where there is more than one building on a lot shall be the sum of the two yards of the structures, and in no event shall two structures be closer to one another than the sum of both yards.
YARD, FRONT
The area extending across the full width of the lot between the street line and the building. In the case of a corner lot, the front yard shall be measured from both street lines. For apartments, townhouses, industrial parks or other developments where more than one building may be erected on a lot, the front yard shall be measured from the designated front of the building to the nearest street line, curbline or structure, whichever is closest to the building.
[Amended 8-24-1999 by Ord. No. 1999-5-7]
YARD, REAR
The area extending across the full width of the lot between the rear lot line and the building. The yard directly opposite the chosen front yard. The depth of the rear yard shall be measured at right angles to the line of the lot. For apartments, townhouses, industrial parks or other developments where more than one building may be erected on a lot, the rear yard shall be measured from the designated front of the building to the nearest street line, curbline or structure, whichever is closest to the building.
[Amended 8-24-1999 by Ord. No. 1999-5-7]
YARD, SIDE
An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the building. The width of the side yard will be measured at right angles to the side line of the lot. The side yard for apartments, townhouses, industrial parks or other developments where more than one building may be erected on a lot shall be measured from the designated side of the building to the nearest street line, curbline or structure, whichever is closest to the building.
[Amended 8-24-1999 by Ord. No. 1999-5-7]
ZONING OFFICER
The person or persons who are primarily charged with the enforcement of this chapter and appointed to that position by the governing body.
[1]
Editor's Note: See N.J.S.A. 40:55D-34 and 40:55D-36, respectively.
[2]
Editor's Note: See Ch. 50, Amusements.
[3]
Editor's Note: See N.J.S.A. 40:55D-6 et seq.
[4]
Editor's Note: See Ch. 71, Construction Codes, Uniform.
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
The above definitions yield to the same definitions as defined in N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law, and N.J.A.C. 5:21, the Residential Site Improvement Standards.
[Added 8-24-1999 by Ord. No. 1999-5-7]