Certain words and phrases used in this chapter are defined for the purposes hereof as follows:
AVERAGE GROUND ELEVATIONThat elevation obtained by averaging the predisturbed existing ground elevation adjacent to the building at points 10 feet apart, around the perimeter of the foundation. If fill or other materials have been added to the site, said fill or materials shall be removed in their entirety prior to calculating the average ground elevation. If the existing grade around the foundation is to be lowered from existing conditions, then the post-disturbance, finished grade adjacent to the building at points 10 feet apart around the perimeter of the foundation shall be used to calculate average ground elevation.
[Added 2-11-2002 by Ord. No. 02-2; amended 9-23-2024 by Ord. No. 24-15]
BUILDINGA combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREAThe area included within surrounding exterior walls (or exterior walls and fire walls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the "building area" if included within the horizontal projection of the roof or floor above.
[Added 12-1-1980 by Ord. No. 80-24]
COMMON OPEN SPACEAn open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
CORNER LOTAny lot at the junction of and fronting on two or more intersecting streets.
[Amended 9-23-2024 by Ord. No. 24-15]
DEPTH OF LOTThe mean distance between its mean front street line and its mean rear line. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
DRIVE-IN RESTAURANTAn establishment where food and/or beverages are sold for consumption in motor vehicles parked upon the premises.
[Added 6-2-1986 by Ord. No. 86-7]
FAMILYAny number of individuals living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common.
(1) Any number of persons living together as part of a religious order whose presence is necessary as a result of a house of worship, school or similar religious institution located immediately on or adjacent to the place of residence of said group shall also be deemed to constitute a "family."
(2) Foster children placed with any family in a single-family dwelling by the Division of Youth and Family Services or a duly incorporated child-care agency, or children placed pursuant to law with families in single-family homes known as "group homes," shall also be deemed to constitute a "family."
(3) The taking in of lodgers, boarders or roomers in all or part of the premises or the taking in of a subtenant of a portion of the premises shall not be deemed to constitute a "family" and is prohibited.
FARMA plot of ground exceeding one acre in area, devoted exclusively to agricultural purposes. Said area of one acre shall be exclusive of any area occupied by dwellings or accessory buildings to such dwellings.
FAST-FOOD RESTAURANTAn establishment designed for over-the-counter service which serves primarily a limited, standardized menu of quickly prepared or pre-prepared foods, such as hamburgers, fried chicken, fried fish, etc., packaged in paper or other types of disposable wrappers and containers, for immediate service to consumers primarily for immediate consumption, whether or not interior facilities are provided.
[Added 6-2-1986 by Ord. No. 86-7]
FRONT YARDAn open, unoccupied space within and extending the width of the lot and lying between the street line and the nearest point of the foundation of the building on the lot. No portion of the "front yard" shall be less in width than the required street frontage for the particular zone in which the lot is located.
[Amended 2-1-1988 by Ord. No. 88-2]
HEIGHT OF BUILDINGThe vertical distance between the average ground elevation around the foundation of the building and the highest point of the building. For purposes hereof, "ground elevation" shall mean the elevation of the property in its undeveloped state or existing condition, if previously developed; or if a new elevation has been approved by the Planning Board or Zoning Board of Adjustment, in connection with an application for development such new elevation.
[Amended 2-11-2002 by Ord. No. 02-2]
IMPERVIOUS COVERAGEThe percentage of a lot covered by all impervious surfaces.
[Added 9-23-2024 by Ord. No. 24-15]
IMPERVIOUS SURFACEA surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. This definition of impervious surfaces shall be inserted in every instance in Chapter
580 where this term is presently defined, or used, such as §
580-92, such that any other use of this term will achieve consistency with the definition contained within §
580-2.
[Added 9-23-2024 by Ord. No. 24-15]
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT DEPTHThe shortest distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
[Added 9-23-2024 by Ord. No. 24-15]
LOT FRONTAGEThe distance between the side lot lines, measured along the front lot line.
[Added 9-23-2024 by Ord. No. 24-15]
NONCONFORMING LOTA lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
[Added 9-17-2018 by Ord. No. 18-13]
NONCONFORMING STRUCTUREA structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
[Added 9-17-2018 by Ord. No. 18-13]
NONCONFORMING USEA use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
[Amended 9-17-2018 by Ord. No. 18-13]
OPEN PORCHA roofed piazza or porch or porte cochere which projects beyond the main wall of a building into a required yard.
OPEN SPACEAny parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment or for the use or 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 to the natural openness of the land.
PLACES OF WORSHIPA building, or group of buildings, that are intended and specifically designed for the conducting of organized religious services or prayer by persons of similar beliefs. Places of worship may include accessory uses that are customarily associated with such uses, including a clergy residence and facilities for education, social events, and meetings, which are for the use or benefit of the members of the religious congregation.
[Added 6-20-2022 by Ord. No. 22-11]
PRINCIPAL BUILDINGA building in which there is or may be conducted the main or principal use of the lot on which the building is situated, including individual condominium units.
[Added 11-1-2011 by Ord. No. 11-15]
PRIVATE GARAGEA garage in which no business, service or industry connected with motor vehicles is carried on.
PUBLIC AREASIncludes public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
PUBLIC OPEN SPACEAn open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.
REAR YARDAn open, unoccupied space within and extending the full width of the lot between the rear walls of the main building and the rear line of the lot.
RESIDENTIAL DENSITYThe number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
SIDE YARDAn open, unoccupied space located between a lot's side property line and the principal building, extending from the front of the dwelling to the rear of the dwelling and no further. The width of the side yard is the shortest horizontal distance between the side lot line and the nearest projection of the building.
[Amended 9-23-2024 by Ord. No. 24-15]
SNACK BARAn establishment commonly called a "snack bar," "dairy bar," "hamburger stand," "hot dog stand," or "fast-food establishment," where customers are served food and/or beverages for immediate consumption outside the confines of the building or structure in which the business is conducted or for consumption in motor vehicles parked upon the premises, whether said food and/or beverages are brought to the motor vehicle by a consumer or a person employed by management. This shall not include refreshment stands at parks, clubs, athletic fields or other similar recreational areas or the temporary operation of refreshment stands at properly licensed fairs, bazaars and other similar functions.
[Added 6-2-1986 by Ord. No. 86-7]
STORYThat portion of a building between a floor and the floor next above. A story which extends less than four feet above the ground surface at the building wall shall not be counted in determining the number of stories.
STREETAny street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by law, or which is shown on a plat duty 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.
STRUCTUREA 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.
TOWNHOUSEA building or structure designed for or occupied by no more than one family and attached to other similar buildings or structures by not more than two party walls extending from the foundation to the roof and providing two direct means of access from the outside; provided, further, that said townhouse unit shall be designed so that no portion of any unit is oriented horizontally over any other unit and each such unit shall be serviced and equipped with independent cooking, sleeping, heating and sanitary facilities; in addition, for the purposes of this chapter, a "townhouse" may be part of a townhouse development wherein individual unit owners own a portion of the building and land or it may be held in condominium ownership or cooperative ownership.
WIDTH OF LOTThe distance between side lot lines, measured at right angles to its depth at the required front yard setback line.
[Amended 9-23-2024 by Ord. No. 24-15]