A.
In this chapter, words used in the present tense include
the future. The singular number includes the plural, and the plural
the singular; the word "lot" includes the word "plot"; the word "building"
includes the word "structure"; the word "zone" includes the word "district";
the word "occupied" includes the word "designed" and the phrase "intended
to be used."
B.
The word "shall" is always mandatory.
Certain words, phrases and terms in this chapter
are defined for the purposes herein as follows:
A subordinate use or building, the purpose of which is customarily
incidental to that of the main use or building and is on the same
lot.
See "farm."
As applied to a building or a structure, a change or rearrangement
in the structure parts or in the existing facilities or an enlargement,
whether by extension of a side or by increase in height, or by moves
from one location or position to another.
A place where animals or pets are given medical or surgical
treatment. Use as a kennel shall be limited to short-term boarding
and shall be incidental to such hospital use.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
Any establishment where animals are received, housed or distributed
without charge.
The land owner or the agent, optionee, contract purchaser
or other person authorized to act for and acting for the landowner
submitting an application under this chapter.
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 permit to build in
a mapped area or for a structure not related to a street.
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor vehicle fuel and oil and other
lubricating substances, including any sale of motor vehicle accessories,
and which may include facilities used or designed to be used for polishing,
greasing or servicing such motor vehicles.
A story partly underground but having more than 1/2 of its
clear height above the average level of the adjoining ground.
Any room other than a living room, kitchen, dinette or dining
room, bathroom, porch or closet shall be construed as a bedroom, unless
a notarized certificate of use or sealed architectural drawings are
presented indicating that the room is not a bedroom. The number of
bedrooms, as determined above, shall become a part of the certificate
of occupancy.
[Added 4-5-1990 by Ord. No. 12-90; amended 5-15-1990 by Ord. No. 23-90]
A person who is not a member of the immediate family and
who may or may not pay for the privilege of boarding.
Any enclosed structure over the water used for the primary purpose of storing and mooring boats and boating equipment. Boathouses shall be permitted to incorporate a flat roof to accommodate the construction of a deck or patio subject to the restrictions set forth in § 242-30.
[Amended 6-17-2009 by Ord. No. 19-2009]
Pertains to any facilities or lakefront activities associated
with commercial boat repair and storage.
Any structure having a roof supported by columns, piers or
walls, including tents, lunch wagons, trailers, dining cars, camp
cars or other structures on wheels, or having other supports, and
any unroofed platform, terrace or porch having a vertical face higher
than three feet above the level of the ground from which the height
of the building is measured.
The area formed by the intersection of a horizontal plane
at average grade level and the vertical planes which coincide with
the exterior surfaces of the building. In case of a section of a building
which is cantilevered, the exterior surface of the most projected
area is used to determine the area. This area does not include uncovered
porches, terraces or steps, nor does the most projected area include
roof overhangs.
The sum of the building area compared to the total area of
the lot area. When computing building footprint coverage, all building,
whether principal or accessory, located on the site shall be included
in the building footprint coverage calculation.”
[Added 4-5-2006 by Ord. No. 7-2006]
The vertical dimension measured from the average elevation
of the finished grade measured six feet out from the foundation to
the highest point of the roof.
[Amended 6-5-2002 by Ord. No. 17-2002]
A line formed by the intersection of a horizontal plane that
coincides with the exterior surface of the building on any side. In
case of a cantilevered section of a building, the vertical plane will
coincide with the most projected surface. All yard requirements are
measured to the building line.
A line established by this chapter within a lot defining
the minimum distance between any structure or portion thereof to be
erected or altered and an adjacent right-of-way, easement, street
line, common open space or property line.
The highwater mark of 10.30 feet above the dam as recorded
at Lake Hopatcong State Park or the line established by the Bureau
of Navigation, State Department of Environmental Protection, defining
the lake's permanent shoreline.
Any structure extending transversely from the main walk.
A building or group of buildings designed or intended for
public worship.
An organization, corporation or association operating solely
for benevolent, charitable, fraternal, social, religious, recreational,
athletic or similar purposes and not for private gain.
Areas to be developed as a single entity according to a plan,
containing residential housing and commercial and/or industrial units
which have a common or public open space as an appurtenance.
Two or more retail commercial establishments located in one
building or structure designated as a planned commercial development
u defined herein.
Anything registered as a commercial vehicle.
An 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.
The sewerage system wherein all uses on the property dispose
of sewage into a common facility.
The water system wherein all users on the property obtain
their drinking water from a central well or wells or public water
supply system.
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 approval by the Planning Board.
The review by the Planning Board of a conditional use shall include
any required site plan review as provided in this chapter.
A use in which a contractor has an office(s) for the contractor's
business and has storage of heavy equipment used in the conduct of
the contractor's business (not rental space for another business)
and which in addition may provide office space for another business(es).
All operations and activities, except the parking of the cars of employees
and customers, are conducted within enclosed buildings and there is
no outside storage of material, equipment, trucks, cranes, etc., nor
refuse. "Contractor," as applied in this use, refers to those involved
in activities such as construction of buildings, septic systems, driveways,
earth movement or similar activities in which are used heavy equipment,
such as dump trucks, graders, backhoes and bulldozers.
[Added 4-6-1989 by Ord. No. 15-89]
Any area in any zoning district of the Borough of Hopatcong
wherein, because of soil characteristics or the existence of a stream,
floodplain, pond, lake or wetland or because of any water table, slope,
topographical or vegetation condition, general regulations are herein
provided in order to promote and protect the public health, safety
and general welfare of the people.
A street or portion of a street to which accessibility is
limited to only one ingress and egress.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to this chapter.
Any structure extending lakeward of the bulkhead line for
the purpose of mooring boats, gaining access to moored boats or for
egress or ingress to the surface waters of the Borough. The definition
includes any floating dock or segmented dock used for the above purposes.
The term "dock" shall also include any appurtenances thereto, including
but not limited to boat lifts, personal watercraft ramps and/or similar
devices.
[Amended 7-2-1987 by Ord. No. 23-87; 11-7-1996 by Ord. No. 25-96; 8-5-1998 by Ord. No. 18-98]
A building occupied or intended for occupancy as separate
living quarters for two or more families or two or more households
with direct access from the outside for each family or household or
through a common hall, and further provided that separate cooking,
sleeping and sanitary facilities are provided for the exclusive use
of the occupants of each dwelling unit. Certain features of a multiple-family
dwelling may be provided in common, such as off-street parking, yards
and open space. Multiple-family dwellings may include buildings in
cooperative or leasehold ownership or in condominium ownership.
A building occupied or intended for occupancy exclusively
by one family or one household with direct access from the outside
and, further, provided with cooking, sleeping and sanitary facilities
for the exclusive use of the occupants of the unit.
One or more rooms providing living facilities for one family,
including equipment for cooking or provisions for same.
Any nonprofit organization which is primarily supported by
charitable contributions.
A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation and provide surface water management in accordance with Chapter 197, Soil Erosion and Sediment Control.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground,
surface or overhead gas, electrical, steam or water storage or transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, light
stations, telephone lines, hydrants, tanks and other similar equipment
and accessories herewith, reasonably necessary for the furnishing
of adequate service by such public utilities or municipal or other
governmental agencies or for the public health, safety or general
welfare. "Essential services" shall include firehouses or stations
and first aid and emergency aid squads. Requirements for underground
utilities shall be subject to the requirements of the Public Utility
Commission, as well as other municipal ordinances where appropriate.
A group of individuals not necessarily related by blood,
marriage, adoption or guardianship living together in a dwelling unit
as a single housekeeping unit under a common housekeeping management
plan base on an intentionally structured relationship providing organization
and stability.
[Amended 10-4-2000 by Ord. No. 20-2000]
A resident owner or renter-occupant, with consent of the
property owner, who provides family day-care services in his/her single-family
residence.
[Added 12-6-1984 by Ord. No. 40-84]
An accessory use of a single-family residence which provides
care of not more than five children at a time, on a scheduled basis
for a fee, to a single-family residence other than the child's own
home. This total shall include the provider's own children and foster
children age five or younger, not more than two of whom are under
23 months of age. No provider shall offer or operate this use before
6:00 a.m. or after 7:00 p.m.
[Added 12-6-1984 by Ord. No. 40-84]
An area of land which is actively devoted to agricultural
or horticultural use and which occupies no less than five acres.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, provided that such building is located on, operated
in conjunction with and necessary to the operation of a farm as defined
by this chapter.
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate areas and shall
include arbors.
[Amended 5-1-2002 by Ord. No. 12-2002]
[Added 12-6-1984 by Ord. No. 38-84]
Mineral ore which is extracted or processed
with the intention of permitting the product to become or to be further
processed into fuel for nuclear fission reactors or weapons; or
Mineral ore which contains uranium or thorium
in concentrations which might reasonably be expected to permit economically
profitable conversion or processing into fuel for nuclear fission
reactors or weapons.[1]
The sum of the area of all floors of buildings or structures
compared to the total area of the site with ceiling heights of seven
feet or more. In the case of waterfront properties gross area will
not include areas under the water.
[Added 6-19-2002 by Ord. No. 20-2002; amended 5-4-2005 by Ord. No. 16-2005]
The sum of the gross horizontal areas of a floor or several
floors of a building measured between the inside face of exterior
walls or from the center line of walls separating two units having
a clear ceiling height of eight feet, but no more than 10% of the
usable floor area shall have a ceiling height less than the prescribed
ceiling height for the type of building concerned in the Building
Code.[2] Any cellar, basement, garage space or accessory building
is not to be included in computing usable area. In computing the area
of the first floor of any dwelling, for the purposes of this chapter,
in a split-level or tri-level dwelling, the first floor area shall
be considered to be the sum of the usable floor areas in adjoining
residential levels.
A building or space used as an accessory to the main building
which provides for the storage of motor vehicles and in which no occupation,
business or service for profit is carried on.
An enclosed building intended for the parking, storage, servicing
or repair of motor vehicles as a business where all of the activities
are normally carried on within the building, whether or not the facility
is a part of an agency dealing in new or used motor vehicles.
All sales titled "garage sale," "yard sale," "lawn sale,"
"attic sale," "rummage sale" or any similar casual sale of tangible
personal property advertised whereby the public at large is or can
be made aware of the sale.
[Added 11-7-1996 by Ord. No. 23-96]
A group of attached individual family dwelling units not
more than three stories in height.
[Added 10-4-2000 by Ord. No. 20-2000]
All of the area within the deed boundary lines of the tract.
[3]A building designed for occupancy as a temporary residence of one or more persons who are lodged in a furnished room, with or without meals, in accordance with § 242-54, but excluding those properties that are registered as a short-term rental property or that satisfy the definition of a short-term rental property, as such term is defined in this section, Terms defined, or in Chapter 189, entitled "Short-Term Rentals," of the Code of the Borough of Hopatcong.
[Amended 5-20-2020 by Ord. No. 9-2020]
That percentage of the lot covered by impervious material,
including buildings, driveways, paved or unpaved, walkways, paved
or unpaved, patios, parking areas, paved or unpaved, auxiliary or
accessory buildings, etc. This definition shall not apply to properties
located in the R-1, R-2 and R-3 Zones.
[Added 10-18-2006 by Ord. No. 29-2006]
Those type, class or particular establishments which manufacture,
assemble or fabricate products. Light industrial activities do not
present a fire or explosive potential or emit toxic matter, noise,
odor, vibration, glare, smoke, particulate matter or other elements
which may be discernible and may have a nuisance potential.
Use and occupancy of structures and land by schools, kindergarten
through grade 12, inclusive; churches or places of worship; clubhouses;
hospitals for humans; libraries; and public utilities, other than
municipal, for all lawful purposes for which such institutions were
organized or created and exist.
Any person whose right to use, acquire or enjoy property
is or may be affected by any action taken under this chapter.
Any area and/or structure used or intended to be used for
the conducting and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, cordage or any
used or disabled fixtures, vehicles or equipment of any kind.
A diagram prepared indicating the line of sight available
to an individual or individuals from a given location across an identified
distance.
[Added 11-4-1998 by Ord. No. 29-98]
A parcel or portion of land separated from other parcels
or portions by description, as on a subdivision or record of survey
map, or by metes and bounds for purchase or sale, lease or separate
use.
An area of land which is determined by the limits of the
lot lines bounding that area, and is always expressed in terms of
square feet. Any portion of a lot included in a street right-of-way
shall not be included in calculating the lot area.
That percentage of the lot covered by impervious material,
including buildings, driveways, paved or unpaved, walkways, paved
or unpaved, patios, parking areas, paved or unpaved, auxiliary or
accessory buildings, etc. This definition shall not apply to properties
located in the R-1, R-2 and R-3 Zones.
[
[Amended 4-6-1989 by Ord. No. 20-89;
10-18-2006 by Ord. No. 29-2006]
A mean horizontal distance between the street line and the
rear lot line measured in the general direction of its side lot lines.
The mean horizontal distance between the side lot lines measured
at right angles to its depth and at a point which constitutes the
rear line of the required front yard space.
Any structure extending into the lake from the shoreline
which is used for access to moored boats.
Any public, semipublic or private facility capable of berthing
or mooring five or more boats.
A building which, in its design or location upon a lot, does
not conform to the regulations of this chapter for the zone in which
it is located.
A lot or parcel which does not have the minimum width or
contain the minimum area for the zone in which it is located or the
use to which it is being put.
A use of a building or of land that does not conform to the
regulations of the zone in which it is located.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and 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.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
A permitted reduction in lot sizes and lot area requirements
in major subdivisions in which the density requirements (dwelling
units per acre) are maintained and where all resulting open land within
said subdivision is reserved as open space.
An individual, firm, associated syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided or developed to commence and maintain proceedings
to develop the same under this chapter.
Any open area used for the temporary storage of automobiles
and other vehicles for the private use of the owners or occupants
of the lot on which the area is located.
Any open area, other than a road or other public way, used
for the temporary storage of automobiles and other vehicles and available
to the public, whether for a fee or without compensation or as an
accommodation for clients, customers or employees.
An off-street space available for the parking of a motor
vehicle and which, in this chapter, is held to be an area 10 feet
wide and 20 feet long, exclusive of passageways and driveways appurtenant
thereto and giving access thereto.
A single-family attached one-story dwelling unit, usually
L-shaped, whose structure utilizes the entire lot. The customary side
and rear yards are consolidated into one central garden area, either
partially or completely bordered by rooms. Party walls are fireproof
and there are both rear and front entrances for each unit.
A structure to moor boats to a dock or to which a deck, dock
or other structure may be affixed.
A line running parallel to the bulkhead line and extending
not more than 50 feet from said bulkhead line, as approved by the
Natural Resources Council and Bureau of Navigation, State Department
of Environmental Protection, beyond which no dock, pier or marina
or other structure, permanent or temporary, floating or affixed to
shore or lake bottom, may be located.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
[Added 9-5-2001 by Ord. No. 19-2001]
A housing development devoted to senior citizen uses incorporating
two or more of the following:
[Added 10-4-2000 by Ord. No. 20-2000]
An area with a specified minimum contiguous or noncontiguous
acreage of 10 acres or more to be developed as a single entity according
to a plan, containing one or more residential clusters or planned
unit residential developments and one or more public, quasi-public,
commercial, or industrial areas in such ranges of ratios of nonresidential
uses to residential uses as shall be specified in the zoning ordinance.
[Added 9-5-2001 by Ord. No. 19-2001]
Any above-surface-type of swimming, bathing or wading pool,
constructed of canvas, rubber, plastic or other material and not designed
or intended to be stationary or permanently fixed, but designed and
intended to be removed and stored.
A building or buildings in which is conducted the main or
principal use of the lot on which said building is situated.
[4]An open space area conveyed or otherwise dedicated to the
Borough or a Borough agency, Board of Education, state or county agency
or other public body for recreational or conservational uses.
A place where rocks, ore, sand, gravel or similar materials
are removed from the ground for sale or other commercial or industrial
purpose. This shall not include any noncommercial soil, dirt or rock
removal which may be incidental to any permitted agricultural use,
nor shall it include excavating or regrading in connection with or
in anticipation of building development or landscaping of any site.
Quarrying operations shall include all operations used for such removal
and the crushing, mixing and processing of the extracted product.
A plan and supporting documentation to be submitted with
an application for a quarrying permit which clearly indicates the
ultimate restored contours of any land to be excavated, the preservation
or restoration of trees and ground cover, the phasing stages of reclamation
and the relationship of reclaimed tracts to the surrounding area,
including possible circulation and other material necessary to permit
the establishment of an appropriate reclamation bond as required by
this chapter.
An area of 100 or more contiguous acres to be developed as a single entity according to a plan, containing one or more residential structures in accordance with § 242-42.
A structure constructed and erected between lands of different
elevations to protect structures and/or to prevent erosion.
[Added 5-1-2002 by Ord. No. 12-2002]
The strip of land on which a road, path or public utility
is located, owned by or dedicated to the public or subject to an easement
in a public agency.
Housing available to individuals 55 year of age and older in conformance with the provisions of § 242-43C(10).
[Added 10-4-2000 by Ord. No. 20-2000]
A residential development, including dwelling units, recreation
facilities and other appropriate facilities, within which residency
shall be restricted to permanent residents of the age of 52 years
and over, except for the spouse and the children 18 years or more
of age of a qualifying resident.
Those projects which qualify under the Senior Citizens' Housing
Program pursuant to Section 202 of the Federal Housing Act of 1959,
as amended.
The accessory use of a dwelling unit for occupancy by someone other than the unit's owner or permanent resident for a period of 28 or fewer consecutive days, up to a cumulative total period of not to exceed 120 days in a calendar year, which dwelling unit is regularly used and kept open as such for the lodging of guests, and which is advertised or held out to the public as a place regularly rented to transient occupants, as that term is defined in Chapter 189, entitled "Short-Term Rentals," of the Code of the Borough of Hopatcong.
[Added 5-20-2020 by Ord. No. 9-2020]
Includes any device that is freestanding or attached to a
building or structure or erected, painted, represented or reproduced
upon or in any building or structure which displays, reproduces or
includes any letter, word, name, number, model, insignia, design,
device or representation used for one or more of the following purposes:
to identify the premises; to advertise any trade, business, profession,
industry, service or other activity; to advertise any product or item;
to advertise the sale or rental or use of all or any part of any premises,
including that upon which it is displayed; and to direct vehicular
or pedestrian traffic, other than a state, county or municipal highway
and roadway marker. "Sign" includes any announcement, declaration,
demonstration, display, illustration, insignia or any representation
being used to advertise or intended to advertise or promote the interest
of any person. "Sign" shall include "billboard."
A sign in which the artificial light is not maintained constant
in intensity, color or frequency at all times when such sign is in
use.
A house accommodating only a single family and having two
side yards, a rear yard and a front yard.
A development plan containing the items required by virtue of the provisions of this chapter as a condition for the issuance of a permit for development and developed in accordance with Chapter 191, Site Plan Review.
Standards adopted by this chapter regulating noise levels,
glare, earthborne or sonic vibrations, heat, electronic or atomic
radiation, noxious odors, toxic matters, explosive and flammable matters,
smoke and airborne particles, waste discharge, screening of unsightly
objects or conditions and such other similar matters as may be reasonably
required by the Borough or required by applicable federal or state
laws.
That part of a building between the surface of any floor
and the next floor above it or, in its absence, the finished ceiling
or roof above it. A split-level story shall be considered a second
story if its floor level is six feet or more above the level of the
line of the finished floor next below it, except a basement. Any floor
under a sloping roof at the top of a building which is more than two
feet below the top plate shall be counted as a story, and, if less
than two feet below the top plate, it shall be counted as a half story,
provided that not more than 60% of the floor area is used for rooms,
baths or toilets, otherwise, it shall be counted as that fraction
of a story which its floor area in rooms, baths or toilets bears to
the entire floor area.
Any avenue, street, boulevard, road, lane, 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, 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
within the right-of-way, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, sidewalks, parking areas and other areas
within the street lines. For the purpose of this chapter, streets
shall be classified as follows:
ARTERIALThose which are used primarily for fast or heavy traffic.
COLLECTORThose which carry traffic from minor streets to the major streets, including the principal entrance streets of a residential development and streets for circulation within such development.
MINORThose which are used primarily for access to the abutting properties.
MARGINAL ACCESSThose which are parallel or adjacent to controlled access highways or major thoroughfares and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
LANESWays, either for vehicular or pedestrian use, leading to Lake Hopatcong or Bear Pond.
The dividing line between a lot and a street.
Any private pool, whether permanently constructed or of the
portable type, having a depth of more than 18 inches below the level
of the surrounding land and a surface area greater than 160 square
feet or an above-surface pool having a depth of more than 24 inches
designed, used and maintained for swimming or bathing purposes by
an individual for use of the members of his household and guests and
located on the applicant's land as an accessory use to a residence,
and shall include all buildings, structures, equipment and appurtenances
thereto.
A temporary building or trailer without permanent foundation
used for field office purposes or the storage of building materials
or machinery in conjunction with an approved construction project,
but specifically excluding and prohibiting sleeping accommodations
for residential habitation.
A building designed for or occupied by no more than one family
or household and attached by a fireproof party wall to other similar
buildings or structures by party walls and providing at least two
direct means of access from the outside and provided with separate
cooking, sleeping and sanitary facilities and separate connections
for utilities.
A wheel-based noncommercial vehicle that is designed to be
transported by traction and which is used or may be used as a dwelling
or for the transportation or storage of goods, materials, livestock
or any object.
TRAVEL TRAILERA vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses on a temporary basis.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
BOAT TRAILERA trailer designed for the purpose of transporting a boat over land.
HORSE TRAILERA trailer designed for the purpose of transporting horses or animals over land.
TENT TRAILERA trailer with a built-in or attached tent designed and equipped to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
A location at which trucks are parked or privately serviced
that transport goods and materials not produced, received for sale,
warehoused or used in manufacturing at that location.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
Permission to depart from the literal requirements of this
chapter.
A structure or building, the principal use of which is for
the storage of merchandise or commodities on a short- or long-term
basis. A structure or building having facilities designed to store,
deposit or hold merchandise on a temporary basis for further shipment
or distribution shall not be considered a warehouse under this definition.
A device for the sending or receiving of a wireless telecommunication,
subject to the provisions of this chapter. Said antennas may be either
mounted on a building or placed on a wireless telecommunications tower.
[Added 9-1-1999 by Ord. No. 19-99]
A vertical structure used to support wireless telecommunications
antennas.
[Added 9-1-1999 by Ord. No. 19-99]
An open, unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front line of the building projected to the
side lines of that lot. Setback line shall be synonymous with the
front yard.
A yard extending across the full width of the lot and the
nearest line of any building. The depth of the rear yard shall be
measured at right angles to the rear line of the lot or, if the lot
is not rectangular, then in the general direction of its side building
lines.
An open, unoccupied space between the side line of the lot
and the nearest line to the building and extending from the front
yard to the rear yard or, in the absence of either of such yards,
to the street or rear lot line, as the case may be. The width of a
side yard shall be measured at right angles to the side line of the
lot.
The Zoning Board of Adjustment of the Borough of Hopatcong
as established in accordance with the Municipal Land Use Law.
[5]A permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all
other requirements under this chapter for the zone in which it is
located or is to be located.
[1]
Editor’s Note: The former definition of “floor
area ratio,” added 6-19-2002 by Ord. No. 20-2002, as amended,
which immediately followed this definition, was repealed 6-5-2019
by Ord. No. 13-2019.
[3]
Editor's Note: The former definition of "home
occupation," which immediately followed this definition, was repealed
4-3-2002 by Ord. No. 8-2002.
[4]
Editor's Note: The former definition of "professional
office," which immediately followed this definition, was repealed
4-3-2002 by Ord. No. 8-2002.
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
