Shall mean a building, structure or use which is customarily associated with and is subordinate in area, extent and purpose and incidental to the principal building, structure or use and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.

Shall mean a bookstore, newsstand, or book department in which a substantial or significant portion of its stock in trade is in books, magazines and other written or pictorial matter which describe, depict or relate to "specified anatomical areas" or "specified sexual activities" as defined herein.

Shall mean an establishment which shall offer for viewing dancers, strippers, nude or semi-nude entertainers or persons engaging in or exhibiting "specified anatomical areas" or "specified sexual activities" as defined herein.

Shall mean an establishment which shall offer for viewing on the premises for a fee in coin operated viewing devices, or regular projection theater, or other form of display, any movie, television projection or other display which has substantial or significant displays of "specified anatomical areas" or "specified sexual activities" as defined herein.

Shall mean a comprehensively designed residential development containing residential dwellings to be occupied by persons 55 years of age or older, as further defined under the U.S. Fair Housing Act, as amended, with passive and active recreation facilities to be provided by the developer for the sole use by the residents and their guests.

Shall mean the elevation shown on a community's Advisory Flood Hazard Map that indicates the advisory stillwater elevation plus wave effect (ABFE = SWEL + wave effect) resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.

Shall mean the land in the floodplain within a community subject to flooding from the 1% annual chance event depicted on the Advisory Flood Hazard Map.

Shall mean the official map on which the Federal Emergency Management Administration has delineated the areas of advisory flood hazards applicable to the community.

Shall mean a housing unit that provides a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:94-7. Low income means households with a gross household income equal to 50% or less of the median gross household income and moderate income means more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the household is located.

Shall mean any change in or additions to the supporting members of a building such as walls, columns, beams, girders, posts or piers, or in the dimensions or configurations of the roof or exterior walls.

Shall mean the land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.

Shall mean a facility which is licensed by the Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed by its residents. Apartment units must include, at a minimum, an unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. Assisted living residence shall also include facilities that provide skilled care and nursing home care.

Shall mean a coordinated array of supportive personal care services and health care services available 24 hours per day to residents who have been assessed to need these services, to promote resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity and homelike surroundings.

Shall mean the flood having a 1% chance of being equaled or exceeded in any given year.

Shall mean the flood elevation shown on a published Flood Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones AE, AH, AO, and A1-30 the elevation represents the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year. For Zones VE and V1-30 the elevation represents the stillwater elevation (SWEL) plus wave effect (BFE = SWEL + wave effect) resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.

Shall mean a story having more than 25% of its clear height below the average finished contact grade along the outside walls of the building.

Shall mean any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds, giving the name and occupation of the user of the premises, the nature of the business conducted therein or the products primarily sold or manufactured therein; except that in the Pinelands Area any sign advertising agricultural commercial establishments shall not be considered a billboard.

Shall mean for:

Any structure or extension therefor or addition thereto having a roof supported by such things as columns, posts, piers or walls intended for the shelter, business, housing or enclosing of persons, animals or property. Open, uncovered decks or raised patios more than 18 inches above grade are considered parts of the building. For purposes of permitted encroachments, any overhangs, soffits, chimney, bay windows or similar structure that extends more than 18 inches beyond the face of the building shall be considered parts of the building.

The square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the foundations and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns. In the RR district, open decks, up to 200 square feet, as defined herein, are exempt from building coverage and shall be included in lot coverage. The area of any open deck over 200 square feet shall be included in building coverage.

The vertical distance measured to the highest point from the mean elevation of the finished grade five feet away from the foundation along the side(s) of a building facing a street or a street line, whichever is closer to the foundation. On a corner lot, the height shall be measured on the street having the greatest slope. In all cases where this chapter provides for height limitations by reference to specified height the intent is to limit height to the specified maximum footage. Properties located in the special flood hazard area or the advisory flood hazard area shall have the height measured from the flood protection elevation. Properties in the "RR" and "RC" Zoning Districts shall be limited to two habitable stories above the flood protection elevation except as provided in Subsection 20-4.5b2(d)(iii).

Shall mean:

Shall mean a parcel of land upon which two or more campsites are located, established, or maintained for temporary living quarters for children and/or adults for recreation or vacation purposes. Campsites shall include land designated to accommodate any tent or camper.

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

Shall mean a development technique based on a gross dwelling unit density for the entire tract in the zoning district in which it is located, and allowing the lot sizes for detached dwellings to be reduced or individual segments to have higher densities so long as the gross density is not exceeded.

Shall mean the portion of the special flood hazard area (SFHA) starting from a Velocity (V) Zone and extending up to the landward limit of the moderate wave action delineation. Where no V Zone is mapped the Coastal A Zone is the portion between the open coast and the landward limit of the moderate wave action delineation. Coastal A Zones may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces. Construction and development in Coastal A Zones is to be regulated the same as V Zones/Coastal High Hazard Areas.

Shall mean any sign wording, logo, figure, symbol, color, illumination, fixture, projection, or other representation that, directly or indirectly, names, advertises, or calls attention to a business product, service, or other commercial activity.

Shall mean a parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon and designed and intended for the ownership, use and enjoyment shared by the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.

Shall mean a community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance, under such supervision as required, to house not more than 15 developmentally disabled or mentally ill persons who require assistance temporarily or permanently in order to live in the community, and shall include but not be limited to group homes, intermediate-care facilities, and supervised apartment living arrangements.

Shall 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 therefor by the Planning Board.

Shall mean a development technique based on a gross dwelling unit density for the entire tract in the zoning district in which it is located, and allowing the lot sizes for detached dwellings to be reduced or individual segments to have higher densities so long as the gross density is not exceeded and the remaining lands shall be maintained as open space.

Shall mean a separate vehicle, not drawn or propelled by its own power, but drawn by some independent power which must be attached to and become part of another vehicle for locomotion, and which, for the purposes of this chapter, shall be utilized during the construction process of one or more homes or buildings, to be used for the storage of tools, equipment, material and office, during and only during the construction process.

A decorative roof structure that has a small roof and the shaft that supports it sitting on top of a building. A cupola in the "RR" and "RC" Districts may exceed the maximum building height if it is decorative only, is no more than four feet above the maximum building height (not including spire or weather vane) and contains no more than 36 square feet of space. If a cupola provides rooftop access in the "RR" and "RC" Districts, it shall not exceed the maximum permitted building height.

Shall mean a licensed, principal use for the purpose of providing custodial care of persons, for a period not to exceed 18 hours within a single day, in return for the payment of tuition, fees, or other compensation. Day care may include care of either children or adults who are unable to care for themselves because of diminished capabilities.

Shall mean a structure to house four or less motor vehicles, without provisions for repairing or servicing such vehicles for profit. Detached garages shall have a maximum height restriction of 20 feet. Detached garages may include accessory uses to a principal residential use for wood or metal working for personal use, gardening, personal gym, personal storage and other similar uses such that said uses are not for profit or home use.

Shall mean a building, store, business location or department within a store or shop, which shall advertise, display, sell or offer to sell any type of syringe, needle, eyedropper, spoon, pipe, testing kit, rolling paper, or other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish or other controlled dangerous substance as defined by N.J.S.A. 24:21-1, et seq.

Shall mean the line established in § 3-4 of these Revised General Ordinances or as established by the New Jersey Department of Environmental Protection (N.J.D.E.P.). If there is a conflict between either the lines established by the N.J.D.E.P. or in § 3-4 the more restrictive shall govern.

Shall mean a room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require the use of outside stairs, common hallways, passing through another dwelling unit or other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.

Shall mean a building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities.

Shall mean a building containing two dwelling units only and intended for residential occupancy by two housekeeping units, each living independently of each other and each with its own sleeping, cooking and sanitary facilities.

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point-of-sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. “EVSE” is synonymous with “electric vehicle charging station.”

Shall mean a non-basement building a) built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor, or in the case of a building in a coastal high hazard area or Coastal A Zone, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the base flood elevation plus freeboard by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" shall also include a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazard and Coastal A Zones, "elevated building" shall also include a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.

Shall mean and include digging or mining and applies to all sand, gravel, earth, soil or mineral products of the soil.

Shall mean:

Shall mean the residential portion of a dwelling unit, excluding basements, garages, carports and breezeways, measured by using the outside dimensions of the residential portion of the building. For a split-level, bi-level or tri-level dwelling, the area shall be considered to be the sum of the areas of two adjoining levels, excluding basements and garages, provided both levels are connected by permanent, built-in stairs in the interior of the building.

Shall mean areas within the Township subject to inundation from tidal floodwaters.

Shall mean the elevation that a structure must be elevated to in all special flood hazard areas and advisory flood hazard areas. Said elevation shall be two feet higher than the best available flood hazard data elevation.

All building area in a principal structure above the flood protection area divided by the lot area. In calculating FAR, attics, elevators, and decks/porches shall not be included. Additionally, when located below the flood protection elevation, storage areas and garages shall not be included in the FAR. The value in the FAR numerator shall be the area (in square feet) established by measuring from the exterior faces of exterior walls and shall include all building area having a floor-to-ceiling joist height of seven feet and greater (if attics have a floor-to-ceiling height of seven-feet or greater they shall be included in the total floor area).

The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility.

Shall mean an area of 50 or more contiguous acres containing a full-size, professional golf course at least nine holes in length, not less than three par each, together with the necessary accessory uses and structures such as club houses, dining and refreshment facilities, providing the operation of such are incidental and subordinate to the operation of the golf course.

Shall mean the area measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio. Only those floor areas which have a ceiling height of 7.5 feet or more and those areas used for storage space in nonresidential uses shall be included in the gross floor area.

Shall mean living arrangements operated in residences leased or owned by the licensee, which provide the opportunity for individuals with developmental disabilities to live together in a home, sharing in chores and the overall management of the residence. Staff in a group home provide supervision, training, and or assistance in a variety of forms and intensity as required to assist the individuals as they move toward independence.

Shall mean a space in a building for living, sleeping, eating or cooking. Garage, storage, stairs, halls or utility and other similar spaces are not considered habitable spaces.

Shall mean any service provided to a resident of an assisted living residence that is ordered by a physician and required to be provided or delegated by a licensed, registered or certified health care professional. Certified health care professional shall not include a certified homemaker/home health aide or certified nurse aide.

Shall mean an occupation conducted entirely within a detached dwelling unit or an accessory building, but not both, which occupation is clearly incidental and secondary to the use of the lot for residential purposes. Such occupations shall be conducted solely by the residents of the detached dwelling except that no more than one person not a resident of the building may be employed and provided also that no more than 450 square feet shall be used for such purpose; that the gross floor area for the residence shall remain at least as large as that required in § 20-4 for a detached dwelling; that no display of products shall be visible from the street; that the residential character of the lot and building shall not be changed; that no occupational sounds shall be audible outside the building; that no equipment shall be used which will cause interference with radio and television reception in neighboring residences; that the home occupation does not reduce the parking or yard requirements of the detached dwelling; that there is no exterior evidence of the home occupation other than one unlighted or interior white lighted name plate sign identifying the home occupation, not exceeding six square feet in area, and either attached or freestanding. (If freestanding, the sign shall not exceed five feet in height and shall be set back at least 10 feet from all street right-of-way and lot lines.) No more than one commercial vehicle and trailer utilized as part of the said home occupation may be parked at the address of said home occupation; further no more than one non-commercial vehicle not registered at the address of the home occupation may be parked at the address of the home occupation; no vehicles utilized as part of the home occupation shall be parked on the public street. Residents of the detached dwelling shall be permitted to work at home when working on such activities that are normally performed at a business location outside of the resident's detached dwelling as long as such activities comply with the above restrictions.

Shall mean an incorporated, nonprofit organization operating in a cluster single-family residential development under recorded land agreements through which:

Shall mean a building or group of buildings consisting of individual sleeping units designed for transient travelers. Hotels and Motels shall require: i) services to be offered to the general public; ii) temporary lodging rented to the general public on a daily or weekly basis but not for a period to exceed 30 days and not intended to be occupied or used for any primary residential purpose, either temporary or permanent; iii) a front desk area with full time on-site staff maintained to serve guests and the public; iv) maid service offered no less than weekly and other room amenities, including linens and towel service, in a quality manner; v) a manager and/or desk staff meeting the requirements of State lodging laws and swimming pool regulations; vi) a restaurant or cafe with indoor and outdoor dining and wait service for use by guests and the general public; vii) a fitness and business center for use by guests; viii) adequate parking for hotel guests and the public in accordance with parking requirements set forth in the Code of the Township of Upper, which includes any parking required for accessory or incidental uses; ix) advertisement for motel-like services promoting to the general public; and x) collection and payment of sales and use tax, tourism tax and tourism fees on revenue generated.

Shall mean one or more persons living together in one dwelling unit and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.

Illuminating Engineering Society of North America., an organization that recommends standards for the lighting industry.

Shall mean any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in Urban Areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210 - Engineering, 210-3-1 Small Watershed Hydrology (WINTR-55) Version 1.0. Such surfaces may have varying degrees of permeability and shall include building coverage.

Shall mean, in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the Municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this law or under any other law of this State or of the United States have been denied, violated or infringed by an action or failure to act under N.J.S.A. 40:55D-1, et seq.

Any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in Section 3.

Shall mean an off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading, with 15 feet of vertical clearance.

Shall mean an antenna and any support structure, together with any accessory facilities, and which is intended to serve a limited, localized audience through point to point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.

Shall mean 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 no portion of a street shall be included in calculating the lot boundaries or areas.

Shall mean the area contained within the lot lines of a lot, not including any portion of a street right-of-way.

Shall mean a lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. Each corner lot shall have two front yards, one side and one rear yard. However, a lot which is bounded by three streets shall have three front yards and one side yard.

Shall mean the shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.

Shall mean the horizontal distance between side lot lines, measured along the street line. The minimum lot frontage shall be the same as the lot width except that on curbed 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 street frontage which meets the minimum frontage required for that zone may be considered the lot frontage. Only improved public streets may have their street lot line counted as lot frontage. Any street not providing actual legal access may not be counted as lot frontage, e.g., Garden State Parkway.

Shall mean any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street.

Shall mean the straight and horizontal distance between side lines at setback points on each side lot line. The minimum lot width shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum lot width at the street line shall not be less than 75% of the minimum lot frontage for the zoning district in which the lot is located.

Shall mean a lot other than a corner lot.

The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduits, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a plug-and-play basis. “Make-ready” is synonymous with the term “charger ready,” as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).

Shall mean a commercial establishment engaged in the sales and rentals of watercraft, the repair and storage of watercraft, and the related sales of goods and services customary to the usage of watercraft, including slip rental, mooring, wet or dry storage of watercraft.

Shall mean an establishment, person or their entity which permits massages or the "rubbing down" of persons where the massage includes "specified anatomical areas" or "specified sexual activities" as defined herein.

Shall mean an intermediate level or levels between the floor and ceiling of any story and shall be considered a 1/2 story when determining number of stories for building height.

Shall be synonymous with "excavation" and shall include digging and/or mining and all related activity. Mining shall include both wet and dry mining.

Shall mean a parcel or structure that permits both residential uses and nonresidential uses within the same structure.

Shall mean a freestanding sign, generally having a low profile where the base of the sign structure is on the ground or a maximum of 12 inches above the lowest point of the ground adjacent to the sign such that the sign has the appearance of a solid base. The maximum height shall be eight feet from the ground and the width of the sign base shall be at least 75% of the sign face at its widest point.

Shall mean freestanding buildings containing at least two units and not more than 30 dwelling units, with each sharing with another unit or units one or more vertical or horizontal common walls. If a multifamily structure also meets the definition of a townhouse structure it shall be considered a townhouse structure.

Shall mean 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.

Shall mean a use occupying a building, structure or lot which does not conform with the use regulations for the zone in which it is located.

Glare resulting from excessive levels of illumination or insufficiently shielded light sources emanating from light fixtures in the field of view where the lens, lamp or reflector is offensively visible at the location described in the ordinance.

An exterior part of a building outside of and extending beyond the exterior walls of the building, the exterior boundaries of which are completely and permanently open to the outside air and shall not have any enclosed space below or roof above (except for where two decks are stacked); provided, that an open deck may have a solid wall in lieu of a railing, which wall extends not more than 36 inches above the floor of the deck or in accordance with applicable building code regulations. An open deck may be stacked such that a second open deck is above the lower deck.

An electrically powered illuminating device containing a total light source of more than 1,800 initial lumens per fixture or any spot or flood luminaire with a reflector contained in the lamp component such as a parabolic aluminized reflector (PAR) lamp, of more than 900 initial lumens, which is permanently installed outdoors, including, but not limited to, devices used to illuminate any site, architectural structure, or sign.

Shall mean an area of not less than 10 feet wide by 20 feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles whether or not wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

Shall mean any use of land or buildings as permitted by this chapter.

Shall mean the main purpose for which a lot or building is used.

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking, and fleet parking with no access to the general public).

Shall mean residential facilities licensed pursuant to N.J.S.A. 10:47 et seq. providing food, shelter and personal guidance, under such supervision as required, to house more than 15 but not more than 24 developmentally disabled or mentally ill persons who require assistance temporarily or permanently in order to live in the community, and shall include but not be limited to group homes, intermediate-care facilities, and supervised apartment living arrangements.

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).

Shall mean any public land area designed and used for parking or motor vehicles and which is associated with other means of transportation.

Shall mean the use of land or buildings by the governing body of the Township, County, State or Federal Government.

Shall mean facilities, including sanitary sewers and wastewater treatment plants designed and constructed in accordance with the "Rules and Regulations for the Preparation and Submission of Plans for Sewer Systems and Wastewater Treatment Plants," established by the New Jersey Department of Environmental Protection.

Shall mean a municipally or privately owned system comprising structures which operating alone or with other structures results in the derivation, conveyance (or transmission) or distribution of water for potable or domestic purposes to consumers in 20 or more dwellings or properties and designed and constructed in accordance with the "Rules and Regulations for the Approval of Public Water Supply Systems and Water Treatment Plants" established by the New Jersey Department of Environmental Protection.

Shall mean the growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on the properties and not primarily for commercial purposes. Agricultural commercial structures and uses are permitted under this definition provided such structures and uses meet all applicable accessory building setback (side and rear) and coverage requirements and are set back from the front street line at least 20 feet and be located on a lot with a minimum lot area of two acres or the minimum lot area required for the zone district, whichever is greater, except up to six egg laying chickens may be permitted as long as they are contained upon the property and no roosters are permitted. Agricultural commercial structures and uses may not extend 10 feet in height. (For permitted signs, see Subsection 20-5.10.)

Shall mean any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, playfield or park operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility shall not be deemed to be a restaurant.

Shall mean establishments engaged in selling goods or merchandise to the general public and rendering services incidental to the sale of such goods; and/or establishments providing services or entertainment to the general public.

Shall mean an apparatus capable of receiving communication from a transmitter or a transmitter relay located in a planetary orbit.

Shall mean lands and buildings providing for the sale of fuel, lubricants and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the extended storage of inoperable or wrecked vehicles shall be permitted.

The term "required setback" shall mean a line that is established a minimum horizontal distance from the street line or the lot line (whichever would result in the widest distance) and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.

A light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 90º above nadir (straight down at perfect vertical), through the light fixture's lowest light emitting part. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.

Shall mean a group of commercial establishments owned and managed as an operating unit; it provides on-site parking in a definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.

Shall mean any object, device, display or structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figure, design, symbols, fixtures, colors, illumination or projected images.

Shall mean a graphic or sign which has its letters or design applied to cloth, canvas, or other flexible material which is durable and weather resistant.

Shall mean a sign which contains a commercial message and which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

Shall mean a sign which is located in a district zoned for residential purposes that does not contain any commercial message except for goods or services legally offered on the premises on which the sign is located.

Shall mean the examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Board or Zoning Board, in certain cases.

Shall mean less than completely and opaquely covered human genitals, pubic region, buttock, and/or female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state even if completely or opaquely covered.

Shall mean human genitals in a state of sexual stimulation or arousal; or acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Shall mean largest known individual trees of each species in the State of New Jersey. The New Jersey Department of Environmental Protection, Bureau of Forestry, maintains a list of such trees and such trees are listed and pictured in the book entitled "Magnificent Trees of Cape May County" by Lyman a. Hoffman. Any trees which are equal to or larger than said trees shall be considered specimen trees.

Shall mean any container, semi-trailer (with or without wheels), storage unit or portable structure designed to be used on a temporary basis an without a foundation for the purpose of storing tangible property and not for occupancy by persons.

Shall mean 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 the 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.

Shall mean a story that has more than 10% of the gross building floor area is considered a habitable story.

Shall mean any street, avenue, boulevard, road, land, 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 (Chapter 291, Laws of 1975) or any prior act authorizing approval 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 line.

Shall mean the edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.

Shall mean 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.

Shall mean pools which shall not be subject to the requirements of § 20-5 and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface area of 100 square feet; and do not require braces or supports.

Shall mean private residential swimming pools and include artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more; designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use to a detached dwelling, and shall include all buildings, structures, equipment and appurtenances thereto.

Shall mean an establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.

Shall mean a separate vehicle, not drawn or propelled by its own power, but drawn by some independent power which must be attached to and become a part of another vehicle for locomotion, and which, for purposes of this chapter, shall be utilized during the construction process of one or more homes or buildings, to be used for the storage of tools, equipment, materials and the like, during and only during the construction process.

Shall mean dwelling units located beside and separated from other such dwelling units by use of common party walls, extending from the foundation to the roof and from the front to the rear exterior walls, with each dwelling unit having livable floor area on, but not limited to, the first floor. Each townhouse dwelling unit shall have direct access to the outdoors.

Shall mean Township of Upper, Cape May County, New Jersey.

Shall mean an area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended.

Shall mean any semi-trailer (with or without wheels) to be used for the purpose of storing tangible property.

Shall mean any trailer, boat, boat trailer, camper, travel trailer, recreational vehicle, motor home, jet ski, jet ski trailer, utility trailer or equipment trailer.

Shall mean a mobile home owned by the property owner occupied by the owner for one year during the construction of a single-family residence on the same lot. Before occupancy owner must obtain a Certificate of Compliance from the Cape May County Health Department and a Certificate of Occupancy from the Upper Township Construction Code Department.

Shall mean an area of tree(s) that must be maintained with natural tree(s) on a parcel of land. Said area shall be restricted from clearing or removal of any trees two inches in diameter or greater, except dead trees greater than five inches in diameter or greater and trees within 35 feet of the principal structure may be removed to prevent a safety hazard. The area shall be measured along the perimeter of the canopy of the tree(s). The area beneath the canopy of the tree(s) may be maintained or unmaintained.

A lot shall be unsuitable for any intended use which cannot meet the standards for construction of sewerage facilities for realty improvements promulgated by the State Commission of Health in N.J.A.C. 40:9A.

Shall mean a capital improvement fund administered by the Township Committee for the purpose of constructing, purchasing or otherwise procuring fire safety-related improvements to protect persons and property in the Township.

Shall mean any water vehicle including but not limited to jet skis, boats, or catamarans.

Shall mean any property where the principal structure is located within 50 feet of the mean high water line or the toe of the waterward side of the primary frontal dune whichever is closer.

Shall mean an open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard depth shall be the same as the required setback.

Shall mean an open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. Rear yard shall be as prescribed in § 20-4 except shall be at least 25 feet as measured from a wetland buffer line or dune line or at least 10 feet as measured from a bulkhead.

Shall mean 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 principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines. Side yard shall be as prescribed in § 20-4 except shall be at least 15 feet as measured from a wetland buffer line or dune or a bulkhead.