Montague Township City Zoning Code
ARTICLE III
Definitions
§ 76-6 Word usage.
Except where it is specifically defined herein, all words and terms used in this chapter shall carry their customarily accepted meanings: "lot" includes the words "plots" or "parcels"; "buildings" include the word "structure"; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied"; "dwelling" includes the word "resident." It is not the intent of this chapter that any prohibited use or occupation shall be allowed because of a technical distinction in the meaning of any word.
§ 76-7 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A use of structure customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or building.
The use of land for farming or horticultural use for raising poultry or livestock or otherwise devoted to any use contemplated by N.J.S.A. 54:4-23.3, in accordance with the standards set forth in the "Recommended Guidelines for Home Animal Agriculture in Residential Areas published by the Cooperative Extension Service, Cook College, Rutgers, the State University of New Jersey," which is adopted by reference unless otherwise provided for by Township ordinance. Use of land for 4-H-sanctioned projects and other similar agricultural purposes shall not be deemed to constitute agricultural uses, provided that the use made is consistent with guidelines established by the 4-H and conducted by a 4-H member.
[Amended 12-22-15 by Ord. No. 2015-16; 6-22-2021 by Ord. No. 2021-05]
As applied to a building, a change or rearrangement of supporting members or exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or moving from one location or position to another.
Any exterior transmitting or receiving device mounted on a tower, building or structure, to use the communications that radiate or capture electro- magnetic waves, digital signals, analogue signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
[Added 2-13-01 by Ord. No. 2001-11]
See definition of "repair garage."
A portion of the building partly underground, but having less than 1/2 of its clear height below the average finished grade of the adjoining ground.
The main contiguous area of a flag lot, consisting of not less than five acres, including the space reserved for the front, side and rear yards, but excluding all land lying within the access right-of-way. The term "flag lot building area" shall be construed to mean that portion of the flag lot intended for the construction of a dwelling house or other principal structure, together with accessory buildings or other permitted structures; provided, however, that the foregoing shall not be deemed to permit any accessory building or other structure to be located in the front yard of the building area or in the access right-of-way.
[Added 9-13-83 by Ord. No. 83-12]
No building shall exceed 35 feet in height measured from the lowest point of the finished grade to the highest point of the structure.
[Amended 7-14-09 by Ord. No. 2009-03; 11-28-2023 by Ord. No. 2023-15]
A line projected across a lot between lot side lines, parallel to the front lot line at the minimum setback distance, measured at right angles from the nearest edge of the street right-of-way line; provided, however, that this definition shall not apply to a flag lot permitted in a large lot subdivision.
[Amended 9-13-83 by Ord. No. 83-12]
A line projected across the building area of a flag lot between the side lines thereof, parallel to the front line at the minimum setback distance measured at right angles from the nearest front line of the building area.
[Added 9-13-83 by Ord. No. 83-12]
A building in which is conducted the main or principal use of the lot on which the building is located.
A permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter, and other applicable ordinances, for the zone in which it is located or is to be located.
Any vehicle or similar portable structure mounted or designed for mounting on wheels used or intended to be used for camping and related activities and not used for dwelling purposes except at a camping area or campground.
A portion of the building partly underground having 1/2 or more than 1/2 of its clear height below the average finished grade of the adjoining ground.
Lands and buildings devoted to and used exclusively for religious worship and customary related activities, entitled to exemption from taxation pursuant to the provisions of N.J.S.A. 55:4-3.6.
Buildings and facilities owned and maintained by the Township of Montague.
The use of a common wireless telecommunications tower or a common structure, by two or more wireless license holders or unlicensed holders nevertheless regulated by the Federal Communications Commission or by one wireless license holder for more than one type of communications technology and/or the placement of a wireless telecommunication tower on a structure owned or operated by a utility or other public entity.
[Added 2-13-01 by Ord. No. 2001-11]
A commercially registered vehicle.
[Amended 10-25-11 by Ord. No. 2011-04]
Ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly or as tenants by the entirety or as tenants in common.
A use permitted only after review pursuant to the provisions of Article XIV of this chapter.
The ground area of all buildings on the lot, divided by the lot area and expressed as a percent.
The elevation of the street curb as established in accordance with law.
A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot or development where such sign is displayed.
Synonymous with the term "zone;" part of the lands in the township to which certain uniform regulations of this chapter apply.
Small tame animals normally kept or maintained in or about a dwelling as a pet, such as dogs, cats and other similar household pets.
DUPLEXA building occupying a single lot consisting of two separate dwelling units, with a closed partition between each, with independent means of ingress and egress in front and rear.
SINGLE-FAMILY ATTACHEDThree or more single-family dwelling units so constructed that each unit is separated from every other unit and attached by a common wall.
SINGLE-FAMILY DETACHEDA building occupying a single lot occupied or intended to be occupied exclusively for residence purposes by one family or one housekeeping unit.
SINGLE-FAMILY SEMIDETACHEDThree or more single-family dwelling units so constructed that each unit is separated from every other unit and attached at some point by a common wall.
Any number of individuals living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common, but not including those individuals living in a hospital, nursing home, sanatorium, hotel, motel, boardinghouse, fraternity house or similar building or institution, provided that not more than two people not related by blood, adoption or marriage shall be family.
First floor area shall be measured by using the outside dimensions of the occupied residential portion of a building, excluding the area of an attached garage. For a split-level or trilevel, the area shall be considered to be the sum of the areas of the two lowest adjoining occupied residential levels, excluding an attached garage.
A lot whose building area does not front on or abut a public street, except for, and having access only from and along, a flag lot right-of-way or entryway.
[Added 9-13-83 by Ord. No. 83-12]
The total floor area of a dwelling, but not including rooms with more than 1/2 of their cubic area below finished grade, rooms for heating equipment, garages, unenclosed porches, breezeways or other unheated areas. For the purpose of this chapter, floor area covered, in whole or in part, by a sloping ceiling shall be counted toward minimum "livable floor area" only for that portion having headroom of at least five feet, six inches, provided further that at least 75% of such floor area has a ceiling height of at least seven feet, six inches, and provided further that, if such floor is situated above another floor, it shall be accessible from other "livable floor areas" in the dwelling by means of a permanent built-in stairway.
A building not exceeding three stories in height, containing a group of separate dwelling units and which is so designed that not more than two apartments are served by a common entry.
Any occupation for gain or support conducted by members of the family residing in a dwelling unit and conducted solely within the dwelling or accessory building, such as dressmaking, millinery, home baking and the like, provided that there shall be no display of products or advertising visible from the street, and further provided that no machinery or equipment is used which will cause electrical or other interference with radio or television reception in adjacent residences. No more than 1/2 of the dwelling unit can be used for the "home occupation," and there can be no more than one nonfamily employee.
Unless otherwise specified, includes clinic, rest homes, nursing homes, convalescent home or any other like unit containing beds for four or more patients and used for the diagnosis, treatment or other care of ailments. A "hospital" shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
A building which contains furnished living units for its occupants and in which no living unit contains more than two rooms, exclusive of bathroom, foyer, closet or dressing area, terraces or balconies, and providing, among other things, such services and features as lobby, mail and valet services, linens, central dining room, lounges, concessions, room service, dispensary, game and hobby rooms, public assembly area and other services and features customarily provided in a "hotel," including twenty-four-hour office service.
An establishment, in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, for a fee or compensation, except pet shops.
[Added 6-14-11 by Ord. No. 2011-06]
The keeping, breeding, raising, showing, or training of four or more dogs over six months of age for the personal enjoyment of the owner or occupant of the property.
[Added 6-14-11 by Ord. No. 2011-06]
A subdivision, specifically permitted by provisions in this Zoning Ordinance of the township, which is subject to less stringent regulations than otherwise required.
The manufacture, compounding or assembly of articles from previously prepared materials (as opposed to the processing of raw materials), using processes which create no significant nuisances as defined in this chapter.
Animals which are raised, kept or maintained on a farm and include, among others, cattle, horses, sheep, goats, chickens, fur-bearing animals, such as mink or chinchilla, and not more than two pigs.
A piece or parcel of land abutting on a street, the area of which, in addition to the parts thereof occupied or which may hereafter be occupied by a principal building and its accessory buildings, is sufficient to provide the yard spaces required by this chapter and which conforms to minimum area requirements of this chapter. In the event that more than one plot or "lot" as set forth on any map filed in the Sussex County Clerk's office or a "lot" as set forth on the present or future Tax Maps of the township is used in part or in full with one or more other such plots or "lots" for the creation of a building and its accessories, including yards required by this chapter, the aggregate of all such plots or "lots" shall, for the purpose of this chapter be deemed to be one "lot."
The average horizontal distance between the front line and the line of the lot opposite thereto.
The distance between the lot side lines, measured along the nearest edge of the street right-of-way.
[Added 9-13-83 by Ord. No. 83-12]
The street line of a lot. For a corner lot, the front lot line shall be considered to be the lot line as to which the functional front of the dwelling house primarily faces or is proposed to primarily face. Where a dwelling house faces or is proposed to face the intersection of two roads, then the front lot line shall be deemed to refer to the street which provides the mailing address for the property.
[Amended 8-11-09 by Ord. No. 2009-12]
The property line of a lot which is most distant from and most nearly parallel to the front lot line.
Any property line of a lot which is not a front or rear lot line.
The distance between the lot side lines, measured along the minimum setback building line.
[Amended 9-13-83 by Ord. No. 83-12]
Any vehicle or similar portable structure mounted or designed for mounting on wheels, used or intended for use for dwelling purposes, including structural additions, except parked and unoccupied camping-type trailers. Any such vehicle or structure shall not be deemed to be a "mobile home," whether or not the wheels have been removed therefrom and whether or not resting upon a temporary or permanent foundation.
Any activity which is solely limited to municipal purposes, and includes municipal building, municipal garage, municipal storage area, municipal library and like activities.
A building or structure or portion thereof lawfully existing as of the date of the adoption of this chapter, or a prior Zoning Ordinance, which does not conform to the regulations of the district in which it is located.
A lot or a parcel which does not have a minimum width or does not contain the minimum area for the zone in which it is located or the use to which it is being put.
A use which lawfully occupies a building or lands as of the date of the adoption of this chapter and which does not conform with the use regulations of the district in which it is located.
An offensive, annoying, unpleasant or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics or activity or use across a property line which can be perceived by or affect a human being of ordinary sensibility; or the generation of an excessive or concentrated movement of people or things, such as but not limited to: noise, dust, smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise or congregation of people, especially at night, passenger traffic, transportation of things by truck, rail or other means, invasion of nonabutting frontage by parking.
Office uses shall include professional, service, business office and corporate headquarters office uses.
An area of not less than 200 square feet [10 feet wide and twenty (20) feet long] for the parking of a motor vehicle, either within a structure or garage or in the open, which, except in the case of residential properties, shall be exclusive of driveways or access drives.
The primary purpose for which a lot or a main building is used.
An accessory building for the housing of motor vehicles operated by the occupant of the principal building or use of the lot.
Shall normally be deemed to include offices or suites used by a physician, surgeon, dentist, lawyer, architect, engineer, professional artist, landscape architect, accountant, real estate agent, insurance broker or similar professional person; also, the office of a tradesman whose field of activity is entirely away from home, including building contractors and the like.
A building or portion thereof designated or used for storage of motor-driven vehicles and at which motor fuels and oils may be sold and in which major and minor automobile repairs and body work are done.
That portion of a flag lot extending between and connecting the right-of-way of the public or approved private street and the flag lot building area, having a minimum width of 50 feet throughout its entire length and affording access to the building area from the street. This is also referred to as the "access right-of-way" or "entryway."
[Added 9-13-83 by Ord. No. 83-12]
Any building or plot of land used or designed to be used for the storage and retail sale of automotive fuels and lubricants, and which may include facilities for washing, polishing, greasing, waxing or tire repairing and replacing. No vulcanizing or tire recapping or major mechanical repairs shall be included in the operation of a "service station." Minor repairs of motor vehicles may be conducted.
Includes every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign, temporary sign, awning, banner and canopy; and shall include the announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed out of doors in view of the general public.
The word "sign" when used alone in this chapter shall mean a nonilluminated sign. A "lighted sign" shall mean a sign which is lighted by external illumination only, by a light directed upon and reflected back from such sign, which shall be constructed in such manner that the source of the light is not visible from the street. A "sign with internal illumination" shall mean either a single- or double-faced sign made of glass, plastic or other material behind or between which are enclosed incandescent or fluorescent lamps used for the purpose of illuminating the sign. A "neon sign" means a sign consisting of tubes in which neon is used as one of the ingredients to provide illumination. A "flashing sign" means any sign lighted by any means either internally or externally, by an intermittent source of illumination which blinks or flashes on and off. A "revolving or moving sign" means any sign, however illuminated, which is so designed as to revolve or move in any way or manner.
When "signs" of a certain type are stated to be permitted in any zone or district, such provision shall be construed as prohibiting any other type of sign.
Man-made trees, clock tower bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
[Added 2-13-01 by Ord. No. 2001-11]
That part of a building comprised between a floor and the floor or roof next above. The heights of a "story" shall be the vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and for the topmost "story," from the top of the floor finished to the top of the ceiling joists or, where there is no ceiling, to the top of the roof rafters.
Any space partially within the roof framing, where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.
The line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line. In cases where title runs to the center of the street subject to the public easement, the curbline, if any, shall be considered the "street line." On a street shown on the adopted Master Plan of the township, the "street line" shall be considered to be the proposed right-of-way line for the street.
A road which is not open to the public and not maintained by a governmental unit.
A road which is open to the public and maintained by a public body.
Any change in the supporting members of a building, such as beams, columns or girders.
Anything constructed which has or requires permanent location on the ground or attachment to something having such location. A structure is deemed to include, but not be limited to, aboveground and in-ground pools other than inflatable swimming pools.
[Amended 2-19-2019 by Ord. No. 2019-02]
The enclosed area in which the tower and its appurtenances are located.
[Added 2-13-01 by Ord. No. 2001-11]
A vehicle which is or may be used for living or sleeping purposes, so designed that it is or may be mounted on wheels and used as a conveyance either through its own or other motive power. The term "trailer" shall include vehicles if mounted on temporary foundations with the wheels removed.
An antenna that transmits or receives radio frequency signals for wireless telecommunications towers and the users of towers or other structures.
[Added 2-13-01 by Ord. No. 2001-11]
The accessory structures or uses serving the tower site such as equipment sheds, telecommunications antennas and fences.
[Added 2-13-01 by Ord. No. 2001-11]
A freestanding, vertical structure designed to support one or more wireless telecommunications antennas. The height of the tower shall not include a lightning rod.
[Added 2-13-01 by Ord. No. 2001-11]
An open space extending across the full width of a lot, the depth of which is the minimum allowable horizontal distance between the nearest point in the street right-of-way line and the nearest permissible part of the main or accessory building.
[Amended 9-13-83 by Ord. No. 83-12]
An open space extending the full width of a lot between the main building and the rear lot line. The depth of the "rear yard" shall be measured horizontally from the nearest permissible part of the main building toward the nearest point of the rear lot line. Only accessory structures may be located within the "rear yard."
[Amended 9-13-83 by Ord. No. 83-12]
An open space extending from the front yard to the rear yard between a building line and the lot side line. The width of the "side yard" shall be measured horizontally from the nearest point of the lot side line toward the nearest permissible part of the main building.
[Amended 9-13-83 by Ord. No. 83-12]
A document signed by the Zoning Officer which is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with all provisions of this chapter or a variance therefrom duly authorized according to law.