A.Â
For the purposes of this chapter, the terms and words
listed in this section shall have the meanings herein given. Terms
and words not defined herein but defined in the uniform construction
codes shall have, for the purposes of this chapter, the meanings given
them in the uniform construction codes, as the same now read or may
be amended. Terms and words not defined herein nor in the uniform
construction codes but defined in the Municipal Land Use Law shall
have, for the purpose of this chapter, the meanings given them in
the Municipal Land Use Law and its amendments or supplements thereto.
Terms and words not defined in any of the foregoing sources shall
have the meanings established by common usage of the words unless
the context herein clearly indicates the contrary.
B.Â
Word usage. Unless the context clearly indicates the
contrary, the present tense shall include the future; the singular
shall include the plural; the word "lot" shall include the word "plot";
the word "structure" shall include the word "building"; the word "shall"
is always mandatory and not directory; the word "may" is permissive.
The word "person" includes a corporation or partnership. The word
"use" and the word "used" refer to any purpose for which a lot or
land or part thereof is arranged, intended or designed to be used,
occupied, maintained, made available or offered for use, and to any
purpose for which a building or structure or part thereof is arranged,
intended or designed to be used, occupied, maintained, made available
or offered for use, or erected, reconstructed, altered, enlarged,
moved or rebuilt with the intention or design of using the same.
C.Â
ACCESSORY BUILDING OR STRUCTURE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
ACCESSORY USE
ALTERATION OF A BUILDING
ANTENNA
AREA OF A BUILDING
BASEMENT
BUILDING
CELLAR
CLUSTER RESIDENTIAL DEVELOPMENT
COLLOCATION
CONDITIONAL USE
DUMP
DWELLING
DWELLING, DUPLEX
DWELLING, SINGLE-FAMILY
DWELLING UNIT
ECHO HOUSING UNIT
FAMILY
FARM
FLOOR AREA, GROSS
FLOOR AREA, NET or FLOOR AREA, LIVABLE
GARAGE, PRIVATE
GARAGE, PUBLIC
HEIGHT OF BUILDING
HOME ANIMAL AGRICULTURE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
HOME OCCUPATION
HOME OFFICE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
INDUSTRIAL PARK DEVELOPMENT
INDUSTRY or INDUSTRIAL
LAND USE BOARD
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT, INTERIOR
LOT LINE
LOT WIDTH
MOBILE HOME
NONCONFORMING BUILDING OR STRUCTURE
NONCONFORMING USE
PARKING AREA
PARKING SPACE
PERMIT, BUILDING
PERMIT, CERTIFICATE OF USE AND OCCUPANCY
PERMIT, ZONING
PRINCIPAL BUILDING
RESEARCH LABORATORY
SERVICE STATION
SEWER
SIGN
SIGN, ADVERTISING
SIGN, BUSINESS
SIGN, FREESTANDING
STEALTH TOWER STRUCTURE
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURE
TOWER SITE
USER DAYS
WAREHOUSE
WATER
WIRELESS TELECOMMUNICATIONS ANTENNA
WIRELESS TELECOMMUNICATIONS FACILITY
WIRELESS TELECOMMUNICATIONS TOWER ("TOWER")
YARD, FRONT
YARD, REAR
YARD, SIDE
Terms defined. As used in this chapter, the following
terms shall have the meanings indicated:
A building or structure, the use of which is customarily
incidental to that of the main building and which is located on the
same lot as that occupied by the main building. The following additional
requirements shall be met in all residential areas:
[Amended 6-18-1998 by Ord. No. 98-3]
An accessory building shall have a maximum ground
area not to exceed 20% of the ground area of the principal structure.
No more than two accessory buildings will be permitted on one lot.
[Amended 5-17-2006 by Ord. No. 2006-05]
Except on a farm, no accessory building shall
exceed 15 feet in height.
[Amended 5-17-2006 by Ord. No. 2006-05]
No accessory building shall be permitted in
front of the rear line of the principal structure.
All accessory buildings shall be located at
least 12 feet from any principal building situated on the same lot.
Accessory buildings built in any side or rear
year shall conform to the minimum yard dimensions set in the Schedule
of Area, Yard and Bulk Regulations.[1]
Accessory buildings on corner lots shall not
be erected nearer to any street side line than the front yard setback
required on the lot adjacent to the side lot line of the lot upon
which the accessory building is located.
No accessory building shall be used for human
habitation.
A use customarily incidental to the principal use of a building,
lot or land or part thereof.
Any change in the supporting members of a building, except
such change as may be required for its safety; any addition to a building;
and any removal of a building from one location to another.
Any exterior transmitting or receiving device mounted on
a tower, building or structure, and use the communications that radiate
or capture electromagnetic waves, digital signals, analogue signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals. Excepted from this definition
are antennas used exclusively by ham radio operators or other residential
users.
[Added 11-11-1999 by Ord. No. 99-10]
The horizontal area of the principal and accessory buildings,
measured around the outside of the foundation walls and of the floors
of roofed porches and roofed terraces, inclusive.
A story partly above grade level having more than 1/2 of
its floor-to-ceiling height above the average level of the adjoining
ground. A basement shall be a story if used for business or dwelling
purposes.
A structure constructed or erected on the ground, with a
roof supported by columns or walls. The term "building" shall be construed
as if followed by the words "or part thereof."
A story having more than 1/2 of its floor-to-ceiling height
below the average level of the adjoining ground. No cellar or portion
thereof shall be used as a dwelling unit.
A contiguous tract developed as a single subdivision in which,
subject to approval as a conditional use by the Land Use Board, residences
may be constructed upon lots of a reduced size as specified in the
Schedule of Area, Yard and Bulk Regulations,[2] provided that the gross density within the total subdivision
shall not exceed the gross density that would otherwise be permitted
and that the remaining open space shall be improved and either dedicated
to the Municipality or, if not accepted by the Municipality, maintained
by a responsible organization.
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, telecommunications
tower on a structure owned or operated by utility or other public
entity.
[Added 11-11-1999 by Ord. No. 99-10]
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 Land Use Board.
A lot or land or part thereof used for disposal by abandonment,
dumping, burial, burning or any other means, and for whatever purpose,
of garbage, offal, sewage, trash, refuse, junk, discarded machinery,
vehicles or parts thereof or waste material of any kind.
A house or building or portion thereof which is occupied
in whole or in part as the home, residence or sleeping place of one
or more families.
A one-family dwelling attached to one other one-family dwelling
by a common vertical wall, each dwelling located on a separate lot.
[Added 2-20-1986 by Ord. No. 86-2]
A single building designed and constructed for and limited
to use by a single family.
Residential quarters occupied by one family.
Elder cottage housing opportunity unit, which is a small
removable modular cottage in the rear or side yard of a dwelling.
The ECHO unit shall be a separate living quarters, accessory to a
primary residence on the premises, not exceeding 750 square feet of
gross floor area for the use of and occupancy by not more than two
persons who are related by blood, marriage or adoption to the owner
who must occupy the primary residence on the premises. One of the
ECHO unit occupants shall be 60 years of age or older.
[Added 4-17-1997 by Ord. No. 97-3]
One or more persons living privately as a single housekeeping
unit and using cooking facilities in common and not under a normal
landlord-tenant relationship.
Any parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products. It includes necessary farm structures
within the prescribed limits and the storage of equipment used. It
excludes the raising of fur-bearing animals, riding academies and
dog kennels. It also excludes the raising of swine within 200 feet
of a property line or on a parcel of less than 10 acres. Not more
than 25 swine shall be permitted on one farm.
The sum of the gross horizontal areas of the floor or floors
of a building, whether used for occupancy, business or storage. Said
areas shall be measured between the outside face of exterior walls,
or from the center line of walls separating two uses. Said areas shall
include usable areas below the level of the adjoining ground, garage
space or accessory building space.
The sum of the horizontal areas of the floor or floors of
a building which are enclosed and usable for human occupancy or the
conduct of business. Said areas shall be measured between the inside
face of exterior walls or from the center line of walls separating
two uses. Said areas shall not include areas devoted to mechanical
equipment, areas devoted exclusively to off-street parking and loading
space for motor vehicles, areas of stairways or elevators, areas of
cellars as herein defined, areas where the floor-to-ceiling height
shall be less than seven feet, and, in the case of residential uses,
shall not include any area not finished to the requirements necessary
for human occupancy as required for a certificate of occupancy.
A garage for the storage of motor vehicles not conducted as a business. Notwithstanding the requirement contained within § 340-4C that no accessory building shall be permitted in front of the rear line of the principal structure, a private detached garage constructed or existing as accessory to a principal single-family residence shall be permitted in front of the rear line of the principal structure. Under no circumstances may a private detached garage be permitted forward of the front line of the principal structure.
[Amended 7-17-2002 by Ord. No. 2002-9]
A garage for the storage of motor vehicles conducted as a
business.
The vertical distance measured from the average finished
grade level immediately adjacent to the building foundations to the
extreme high point of the building, exclusive of chimneys, antennas,
farm silos and similar fixtures.
The raising, keeping, breeding, housing and caring for livestock
and poultry animals as listed in this chapter. One animal unit (as
defined below) is permitted on lots of five acres or more, and one
additional animal unit is permitted for each additional acre. No livestock
or poultry animals are permitted on lots of less than five acres or
where not permitted by ordinance. No exotic or dangerous animals such
as, but not limited to, lions, tigers, leopards, etc., are permitted
in any zone. Nothing in this chapter is intended to control a commercial
farm operation qualifying under the Right to Farm Law.
[Added 6-17-1999 by Ord. No. 99-8]
For each animal unit, or part thereof, a minimum
outdoor area of 5,000 square feet shall be available at all time for
the sole devotion to the animals. This outside area may only be placed
in the rear yard of a property and shall be fenced as provided in
this section.
All animals shall be provided with interior
shelter which shall contain a watertight roof and a minimum of three
nontransparent walls. This shelter must be a minimum of 100 square
feet for each animal unit and must be reasonably designed to shelter
the animals. All animal shelters must be connected to the outside
animal area and be located in the rear yard of the property. No animal
housing may be located closer than 35 feet to any property line. The
animal shelter shall comply with the requirements of this chapter.
All animals, animal shelters and outside recreation
areas shall be maintained and kept in a clean and sanitary condition.
All animals, animal shelters and outside areas must be kept, built
and maintained so as not to create or permit offensive odors, fly
breeding or other nuisances. All manure must be collected and maintained
in a sanitary manner.
All fencing must meet the requirements of Oxford
Township land use ordinances and must be reasonably constructed to
maintain the animals. No fencing or other structure shall be closer
than 10 feet to any property line.
In determining what is a reasonable construction
or maintenance of animal housing, or the care of any animal, the Township
may, in interpreting this chapter, refer to the guidelines set forth
in Recommended Guidelines for Home Animal Agriculture in Residential
Areas published by the Cooperative Extension Service by Rutgers University
as amended from time to time. Three copies of the Guidelines shall
be on file in the Clerk's office.
A business conducted in or from a single-family detached dwelling unit and/or its permitted accessory buildings or structures, which business is clearly subordinate and ancillary to the principal single-family residential use of the property and which business meets the requirements specified for home occupations in § 340-43 of this chapter. For purposes of this chapter, the term home occupation also shall include "family day-care homes" and "child-care residences."
[Amended 11-18-1993 by Ord. No. 93-13; 10-17-1996 by Ord. No.
96-11]
The use of a portion of a dwelling as an office area for
use only by members of the household residing on the premises and
subject to the following:
[Added 10-17-1996 by Ord. No. 96-11]
The office area shall not occupy more than 500
square feet nor more than 12Â 1/2% of the gross floor area (GFA)
of the dwelling, whichever is less, specifically excluding the area
of garages, basements and attics in the calculation of gross floor
area;
The office area shall be an existing room or
area within the dwelling unit integrated within the overall floor
plan of the dwelling;
The office area shall not contain any kitchen
or bathroom facilities which are separate from the remainder of the
dwelling unit;
The office area shall have only typical office
equipment limited to computers, telefax machines, telephones, copying
machines and other similar office equipment;
No supplies or furnishing shall be permitted
other than typical office supplies and furnishings;
No evidence of the office area shall be shown
to the outside of the dwelling unit; and
No persons shall be permitted on the property
regarding the office area other than people making deliveries or service
calls as otherwise might occur on the property regarding the dwelling
unit.
A land subdivision or development of or for the purpose of
one or more industrial or office buildings, said subdivision or development
having a unified plan for the use of the parcel to be developed or
subdivided.[3]
Includes the storage, manufacture, preparation, processing
or repair of any article, substance or commodity and the conduct of
the industrial trade, but shall not mean such preparation, processing
or repair as are customarily applied to articles, substances or commodities
in retail businesses or trade for on-the-premises transactions.
The Land Use Board of Oxford Township, Warren County, New
Jersey.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The total horizontal area included within lot lines.
A lot fronting on two or more streets at their intersection.
The percentage of the lot area that is occupied by the area
of a building.
Any lot other than a corner lot.
Any boundary line of a lot.
The least horizontal dimension between side lot lines measured
at the distance from the street line which establishes the minimum
required front yard, but not less than 75 feet at the street line.
A structure designed or used for occupancy as a residence,
built upon or having a frame or chassis to which wheels may be attached
by which it may be moved upon a highway, whether or not such structure
has at any given time such wheels attached or is jacked up or skirted.
A building or structure lawfully existing at the effective
date of this chapter, or any amendment thereto affecting such building
or structure, which does not conform to the regulations of this chapter
for the zone in which it is situated, irrespective of the use to which
such building or structure is put.
Any use of a building, structure, lot or land, or part thereof,
lawfully existing at the effective date of this chapter, or any amendment
thereto affecting such use, which does not conform to the regulations
of this chapter for the zone in which it is situated.
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges.
A stall or berth which is arranged and intended for the parking
of one motor vehicle in a garage or parking area.
A certificate issued by the Construction Official authorizing
the construction, reconstruction, remodeling, alteration or repair
of a building or other structure upon approval of the submitted application
and plans.
A certificate issued upon completion of the construction
of a new building or upon a change in the occupancy or use of a building
and certifying that all requirements of the uniform construction codes,
this chapter or such adjustment therefrom which has been granted by
the Land Use Board have been satisfied, and that the purpose for which
such building is to be used is in conformance with the uses permitted
in the zone in which it is located.
A certificate issued by the Zoning Officer stating that a
proposed building or use will meet all of the requirements of this
chapter.
A building within which is conducted the main or principal
use of the lot on which said building is situated.
A building for experimentation in pure or applied research,
design, development and production of prototype machines or devices,
or of new products, and uses accessory thereto, wherein products are
not manufactured primarily for wholesale or retail sale, wherein commercial
servicing or repair of commercial products is not performed and where
there is no display of any materials or products.
Any building, place or location designed to supply motor
vehicles with gasoline, oil, grease and supplies, and for the inspection,
testing and examination and repair thereof, equipped with gasoline
pumps and oil pumps maintained for the purpose of selling gasoline
and oil; provided, however, that no store maintained for the sale
of automobile parts and sundries, exclusive of gasoline and oil, shall
be deemed to be a "service station."
The sanitary sewer system operated by the Township of Oxford
or an adjoining Municipality or municipal authority. Privately owned
and operated sanitary sewerage systems shall not qualify as a "sewer."
[Added 11-9-1979 by Ord. No. 79-11]
Any structural or vehicular device located out of doors or
able to be seen out of doors, whether part of a building, attached
to a building, located upon the ground, located upon a foundation
or located upon wheels, for the purpose of visual communication to
bring the subject of such device to the attention of the public.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the lot and only incidentally on the lot if at all.
A sign which directs attention to a business or profession
conducted upon the lot.
Any sign mounted directly to the ground or to a foundation
or structure solely for the purpose of supporting such sign.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers.
[Added 11-11-1999 by Ord. No. 99-10]
That portion of any building comprised between any floor
and the floor or roof next above with a minimum clearance of six feet.
A story under a sloping roof, the floor of which is not more
than two feet below the plate.
Any 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 this chapter;
or which is shown on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of the Land
Use 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.
Any line dividing a street from a lot. This shall be construed
as the line dividing the street right-of-way from the lot.
Anything constructed or erected on or under the ground or
upon another structure or building; provided, however, that the word
"structure" shall not be construed to include wires and their supporting
poles or frames of electric or telephone utilities or other service
utilities below or at ground level or their concomitant appurtenances.
The enclosed area in which the tower and its appurtenances
are located.
[Added 11-11-1999 by Ord. No. 99-10]
A visit by one person to a recreation site during one day,
regardless of the length of stay or activity participated in.
A building other than the building in which goods or products
are manufactured, assembled or processed, in which goods or products
are stored and awaiting shipment to a purchaser or retail sales establishment.
A public or semipublic water system approved by the New Jersey
Department of Environmental Protection and operated as required in
this chapter. Individual wells or shared wells shall not qualify as
"water."
[Added 11-9-1979 by Ord. No. 79-11]
An antenna that transmits or receives radio frequency signals
for wireless telecommunications towers and the users of towers or
other structures.
[Added 11-11-1999 by Ord. No. 99-10]
The accessory structures or uses serving the tower site such
as equipment sheds, telecommunications antennas and fences.
[Added 11-11-1999 by Ord. No. 99-10]
A freestanding, vertical structure designed to support one
or more wireless telecommunications antennas. The height of the tower
shall not include a lightning rod. This definition shall not apply
to amateur or ham radio towers.
[Added 11-11-1999 by Ord. No. 99-10]
An open, unoccupied space on the same lot with a building,
situated between the nearest roofed portion of the building (exclusive
of eaves, provided that the eaves do not project more than two feet
into the front yard) and the street line of the lot and extending
from side lot line to side lot line.
A space on the same lot with a building, situated between
the nearest roofed portion of the building and the rear line of the
lot and extending from side lot line to side lot line.
An open, unoccupied space on the same lot with a building,
situated between the nearest roofed portion of the building or of
any accessory building and the side line of the lot, and extending
through from the front yard, or from the front street line where no
front yard exists, to the rear yard.
