For the purpose of this chapter, certain terms and words are herewith defined as follows:
- ACCESSORY BUILDING
- A subordinate building or structure on the same lot with a main building, the use of which is incidental to that of the main building. Where an accessory building is attached to the main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building. In no instance shall any accessory building occupy more than 25% of any rear yard in any residential zone, nor be used for living purposes.
- ACCESSORY USE
- A use of a nature customarily incidental to the main use of the premises.
- ADMINISTRATIVE OFFICER
- The Township Clerk of the Township of Eagleswood; provided,
however, that for the purpose of issuing certificates of completeness,
the "Administrative Officer" shall be the Land Use Board Engineer.[Added 5-8-1990 by Ord. No. 7-90]
- AIRPORT SAFETY HAZARD OVERLAY ZONE
- An area surrounding an airport which meets or exceeds the
minimum dimensions required by the regulations of the Air Safety and
Zoning Act of 1983, and consisting of a runway subzone, two runway
end subzones and two clear zones, in accordance with the provisions
of N.J.A.C. 16:62-1 et seq.[Added 12-16-2002 by Ord. No. 2002-14]
- APPLICATION FOR DEVELOPMENT
- The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.[Added 5-8-1990 by Ord. No. 7-90]
- AUTOMOBILE SERVICE STATION
- Any premises used for the sale of gasoline and lubricants; the sale, fixing or fitting of tires, batteries and automobile supplies; the washing of automobiles, but not including automobile repairs requiring a machine shop and not including automobile body repairs.
- A story partly underground and having at least 1/2 of its height above the average level of the ground. A basement shall be counted as a story for height measurement if subdivided and used for dwelling or business purposes.
- An owner-occupied structure renting individual rooms, two
weeks' maximum, to guests, and having no cooking facilities directly
available for use by the guests, shall constitute a bed-and-breakfast
facility. Such structure located in the R-3, C-1, C-2, C-2/V or C-3
Zone would be permitted as a bed-and-breakfast. The availability of
food service in the facility shall not disqualify the facility from
this category so long as guests are not provided access to the cooking
or food preparation facilities and food is prepared and served by
the owner or an employee of the owner.[Added 12-16-2002 by Ord. No. 2002-14]
- Any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of any person, animal or chattel.
- BUILDING HEIGHT
- The vertical distance measured from the mean elevation of the finished grade along the front of the building to the highest point of the roof for flat roof, to the mean height level (between the eaves and ridge) for gable and hipped roofs, and to the deckline for mansard roofs.
- A story having more than 1/2 of its height below ground. A cellar shall not be counted as a story for the purposes of height measurement.
- CLEAR ZONE
- A component of an airport safety hazard zone, located within
the runway subzone, which is trapezoid in shape, extends 1,000 feet
from the end of the runway subzone, as measured along the extended
center line of the runway, has a base width of 250 feet at the end
of the runway subzone, increasing to a final width of 450 feet, in
accordance with N.J.A.C. 16:62 et seq.[Added 12-16-2002 by Ord. No. 2002-14]
- CLUSTER DEVELOPMENT
- A residential development where a means of providing common open space, which may serve both as recreation or conservation or open space lands, is created by reduced lot sizes and by grouping buildings in such a manner that said open spaces are evenly distributed, functional and of sufficient size and width so as to enhance the spacious and natural characteristics of the development. The reduction of lot size in a conventional-type development with no attempt to integrate and balance the open space areas shall not be considered a cluster development. There are two design criteria which distinguish cluster development from other forms of conventional development or modifications of conventional development. First, cluster development site planning involves the grouping of buildings or lots and buildings into modules. Each module, which will contain a predetermined number of buildings, is set off from similar modules by intervening open space. This open space serves to give distinction and visual definition to each individual group or cluster of buildings. The second design criterion for cluster development is that the open space which results from a module layout is of sufficient size, shape and width so as to afford multiple use in the form of recreational activities and for conservation and open space purposes.
- COVERAGE, IMPERVIOUS
- Any man-made material or natural material which, due to its
placement, prevents the natural absorption and percolation of precipitation
into the soil.[Added 12-16-2002 by Ord. No. 2002-14]
- COVERAGE, LOT
- The area of a lot which is covered by buildings and other
impervious coverage, excluding decks.[Added 12-16-2002 by Ord. No. 2002-14]
- DENSITY CONTROL ZONING
- A subdivision of land which permits a reduction in the size of individual lots which might otherwise be required in the zone where such subdivision shall take place, provided that general open spaces shall be provided in compliance with the minimum requirements set forth herein as compensation for such lot size reductions with no increase in the zone density.
- DWELLING UNIT
- One or more rooms, including a kitchen or kitchenette, located within a residence, providing complete living facilities for one family or containing facilities and equipment for living, sleeping, cooking and eating.
- ESSENTIAL SERVICES
- The underground gas, electrical, telephone (not including
wireless telecommunications facilities), telegraph, steam or water
transmission or distribution systems, including mains, drains, sewers,
pipes, conduits and cables, including the equipment and appurtenances
necessary for these systems, such as fire alarm boxes, police call
boxes, light standards, poles, traffic signals, hydrants and other
related equipment and accessories in connection therewith reasonably
necessary for the furnishing of an adequate level of service by public
utilities or municipal or governmental agencies or for the public
health or safety or welfare.[Added 12-16-2002 by Ord. No. 2002-14]
- One or more persons, all related to each other by birth, adoption or marriage, occupying a single dwelling unit or doing their own cooking and living together as a single housekeeping unit, or an unrelated group of not more than four persons, all of whom are adults occupying a single dwelling unit, living together as a single housekeeping unit.
- An artificially constructed barrier of wood, masonry, stone,
wire, metal, aluminum or any other manufactured material or combination
of materials.[Added 5-8-1990 by Ord. No. 9-90]
- FENCE, OPEN
- A fence in which 1/2 of the area between grade level and
the top cross level (wire, wood or other material) is open.[Added 5-8-1990 by Ord. No. 9-90]
- FILLING STATION
- See "automobile service station."
- That part of a structure which serves exclusively to transmit
the weight of the structure onto the natural ground.[Added 2-15-1996 by Ord. No. 6-96]
- All property on one side of a street between two intersecting streets, crossing or terminating, measured along the line of the street; or if the street is dead-ended, then all of the property abutting on one side between an intersection street and the dead-end of the street.
- GARAGE, PRIVATE
- A detached accessory building or portion of a main building used only for the storage of motor-driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located.
- GARAGE, PUBLIC
- Any premises, except those described as a private garage, used for the storage of vehicles or where any such vehicles are required or kept for remuneration, hire, sale or other business purposes.
- GARDEN APARTMENT
- A residence designed for and/or occupied by three or more families, each living independently of each other in separate dwelling units, sharing common utilities.
- HEALTH CARE FACILITY
- A facility or institution, whether public or private, principally
engaged in providing services for health maintenance and/or the treatment
of mental or physical conditions affecting human beings.[Added 5-15-1997 by Ord. No. 8-97]
- A dense permanent row or line of living plants, frequently
trimmed into more or less a formal shape, serving the purpose of a
fence, screen or windbreak.[Added 5-8-1990 by Ord. No. 9-90]
- HOME OCCUPATIONS
- An accessory use that:[Added 3-26-2007 by Ord. No. 2007-03]
- A. Is clearly accessory and incidental to the detached single-family principal use of the structure and property.
- B. Is conducted entirely within the dwelling or accessory building.
- C. Is conducted by and limited to a member or members of the immediate family residing in the single-family dwelling and not more than one employee or family member not residing in the principal dwelling utilizing the premises.
- D. Occupies not more than 10% of the total floor area of the residential structure; further provided that the returning floor area of the structure shall meet or exceed the minimum habitable floor area requirement of the zone.
- E. Does not alter the residential appearance of a principal residential structure or the residential appearance of the property upon which it is conducted.
- F. Does not involve outdoor storage of equipment or materials, trailers.
- G. No signs are permitted.
- H. Does not involve the retail sale of goods and/or services offered or produced by the home occupation from the property other than by appointment.
- I. Does not involve truck deliveries (except parcel delivery services, e.g., UPS) and no more than an average of 10 vehicle visits per week, including parcel delivery service (residential family or permitted employees shall not be included in this calculation).
- J. Does not constitute a nuisance to adjacent residential properties for reasons of noise, odor, congestion, traffic, vibration, electrical interference and other causes.
- K. The total floor area utilized for a home occupation within an accessory building does not exceed more than 300 square feet.
- L. Only two commercial light-duty (F350, C35, Dodge 3500, or equivalent) vehicles are permitted.
- M. Hours of operation shall be, at a maximum, 8:00 a.m. to 6:00 p.m.
- N. No more than allotted trash containers for residential use, with no construction debris and no business-related bulk pickup.
- A single unified tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single or unified ownership or control. Such lot shall have frontage on a street, shall be of at least sufficient size to meet minimum zoning requirements for use and area, and shall provide such yards and other open spaces as are herein required.
- LOT AREA
- The total horizontal area included within lot lines. Where the front lot line is the center line of a street, or lies in part or in whole in the street area, the lot area shall not include that part of the lot in use or to be used as the street.
- LOT DEPTH
- The shortest perpendicular distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall not be less than 10 feet in length measured between its intersections with the side lot lines.
- LOT FRONTAGE
- That portion of a lot extending along a street line.
- LOT LINES
- The lines bounding a lot as defined herein.
- LOT OF RECORD
- A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder of Deeds of Ocean County.
- LOT WIDTH
- The horizontal distance measured at right angles to the lot depth 60 feet from the street line.
- MAJOR STREET
- Route No. 9, Railroad Avenue and Forge Road.
- MINOR SITE PLAN
- A development for which site plan approval is required and
for which the following conditions have been met:[Added 6-11-1991 by Ord. No. 6-91]
- A. The construction of drainage facilities is not required, as determined by the Municipal Engineer. The proposed building additions, conversions or new construction do not exceed, in the aggregate, a total of 750 square feet of gross floor area.
- B. The proposed development does not increase the parking area by more than five spaces, nor does the proposed development require an increase in the required parking area by more than five spaces.
- A building or group of buildings, whether detached or attached units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing accessory off-street parking facilities. The term "motel" includes buildings designated as auto courts, tourist courts, motor hotels, motor lodges and similar terms.
- MUNICIPAL AGENCY
- The Land Use Board or Township Committee of the Township
of Eagleswood when acting pursuant to N.J.S.A. 40:55D et seq., and
this chapter.[Added 5-8-1990 by Ord. Nos. 7-90 and 9-90]
- OFF-STREET LOADING AND UNLOADING SPACE
- An open hard-surfaced area of land other than a street or public way, the principal use of which is for standing, loading and unloading of motor trucks, tractors and trailers to avoid undue interference with the public use of streets. Such space shall not be less than 12 feet in width, 45 feet in length and 14 feet in height, exclusive of access aisles and maneuvering space.
- OPEN SPACE
- Any area other than a required yard, screening strip or recreation area which may hereafter remain private or as property dedicated to the Township of Eagleswood and which shall have been designated as such on any plan requiring approval by the Township of Eagleswood.
- PARKING AREA
- An open hard-surfaced area of land, other than a street, driveway or public way, the principal use of which is for the storage (parking) of passenger automobiles or commercial vehicles under two tons' capacity by the public or as an accommodation to clients or customers.
- PARKING SPACE, AUTOMOBILE
- Space within a parking area of a building of not less than 200 square feet (10 feet by 20 feet), exclusive of access drives, aisles and ramps, used for the storage of one passenger automobile or commercial vehicle under two tons' capacity.
- PLANNED DEVELOPMENT
- The definition of "planned development" as permitted herein shall be the same as defined in N.J.S.A. 40:55D-6.
- RUNWAY END SUBZONE
- A component of an airport safety hazard zone, which is trapezoid
in shape, extends 3,000 feet from the runway end along the runway
center line, is 2,350 feet wide at the runway end, 850 feet wide at
3,000 feet from the runway end and has a longitudinal center line
common with the extended runway center line, in accordance with the
provisions of N.J.A.C. 16:62-1 et seq.[Added 12-16-2002 by Ord. No. 2002-14]
- RUNWAY SUBZONE
- A component of an airport safety hazard zone, which is rectangular
in shape and 2,350 feet in width, and has the same length and center
line as the runway, which it circumscribes, in accordance with the
provisions of N.J.A.C. 16:62-1 et seq.[Added 12-16-2002 by Ord. No. 2002-14]
- SHOPPING CENTER
- A commercial building complex under one ownership, having a variety of retail establishments serving the needs of the neighborhood or region and having a minimum of 20,000 square feet of total floor area.
- Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be considered signs:
- A. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises.
- B. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
- C. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
- SIGN, ADVERTISING
- A sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.
- SIGN, BUSINESS
- A sign which draws attention to a business or profession or to a commodity, service or entertainment sold, offered or conducted upon the premises where such sign is located.
- SIGN, FLASHING
- Any illuminated sign on which such illumination is not kept stationary or constant in intensity or in color at all times when such sign is in use.
- SIGNS, NUMBER OF
- For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, such element shall be considered to be a single sign.
- SIGN, SURFACE AREA
- The entire area within a single continuous perimeter enclosing the extreme limit of the actual sign surface. It does not include any structural elements outside the limits of such sign and not forming an integral part of the display. Only one side of a double-face or V-type structure shall be used in computing total surface area.
- That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.
- A public or private thoroughfare which affords the principal means of access to abutting property.
- STREET LINE
- The dividing line between the lot and the street right-of-way contiguous thereto.
- STRUCTURAL ALTERATION
- Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
- Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and billboards.
- An artificially constructed visually solid barrier of wood,
masonry, stone or other maintenance-free material, as permitted herein.
For purposes of this chapter, a bulkhead and an earth-retaining wall
shall not be considered a "wall."[Added 5-8-1990 by Ord. No. 9-90]
- An existing or required open space on the same lot with a principal building and which shall be unoccupied and unobstructed by any portion of a structure from the ground upward. In measuring a yard for the purpose of determining the width of a side yard, the depth of the front yard or the depth of the rear yard, the mean horizontal distance between the lot line and the main building shall be used.
- YARD, FRONT
- The minimum horizontal distance between the street line and the main buildings, or any projection thereof other than the projection of the usual steps or entranceway, and extending for the full width of the lot.
- YARD, REAR
- A space, unoccupied, extending for the full width of the lot between the rear lot line and the extreme rear line of the principal building. On a corner lot, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On an interior lot, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard.
- YARD, SIDE
- A yard between the main building and the side line of the lot and extending from the front lot line to the rear yard line.
- ZONING DISTRICT
- An area or section of the Township in which the regulations regarding use of buildings and premises, height of buildings and the yard space about structures are uniform and set apart and distinct from other areas or sections having different regulations, and all of which areas or sections are designated by different delineations upon the Zoning Map, which is made a part of this chapter and is on file in the office of the Township Clerk.
- ZONING MAP
- A delineation of the boundaries of areas or divisions of the Township for the purpose of regulating, limiting and determining the height and bulk of buildings, the intensity of the use of lot areas and the areas of open spaces about the surrounding buildings, for the purpose of classifying, regulating and restricting the location of trades and industries, and buildings designed for specified industrial, business and residential uses, and which map is on file in the office of the Township Clerk.
- ZONING OFFICER
- That person designated by the Township Committee to administer and enforce the provisions of this chapter.
- ZONING PERMIT
- A document signed by the Zoning Officer which is required
by ordinance 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 acknowledges that
such use, structure or building complies with the provisions of this
chapter or variance therefrom duly authorized by a municipal agency,
pursuant to N.J.S.A. 40:55D-70.[Added 5-8-1990 by Ord. No. 7-90]
Editor's Note: The former definition of "hotel," which previously followed this definition, was repealed 5-20-2002 by Ord. No. 2002-2.
Editor's Note: This ordinance also repealed the definitions of "home occupation, level 1," amended 9-8-1987 by Ord. No. 12-87, 7-10-1990 by Ord. No. 14-90 and 5-15-1997 by Ord. No. 8-97; "home occupation, level 2," amended 5-15-1997 by Ord. No. 8-97; and "home professional office," added 9-8-1987 by Ord. No. 12-87.
Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular. The word "building" includes the word "structure" and the word "shall" is mandatory.