ADMINISTRATIVE OFFICER - The Planning Board Secretary of the Borough of South River.

APPLICANT - A developer submitting an application for development.

       

APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 or 27 of Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D:34 or 40:55D-36).

APPROVING AUTHORITY - The Borough of South River Planning Board or Zoning Board, when acting pursuant to the authority of Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:5513-1 et seq.).

BOARD OF ADJUSTMENT - The Municipal Board of Adjustment of the Borough of South River, established pursuant to Section 56 of Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:5513-69).

BUILDING - A combination of materials to form a construction adopted to permanent, temporary or continuous occupancy and having a roof.

CAPITAL IMPROVEMENT - A govemmental acquisition of real property or major construction project.

CIRCULATION - Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits.

COMPLETE APPLICATION - An application form completed as specified by ordinance and the rules and regulations of the Board and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to a site plan or subdivision plat, provided that the Board may require such additional information not specified by ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board. An application shall be certified as complete immediately upon the meeting of all requirements specified by ordinance and the rules and regulations of the Board and shall be deemed complete as of the day it is so certified by the Board for purposes of the commencement of the time period for action by the Board.

CONDITIONAL USE - 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 Chapter 350, Zoning, and upon issuance of an authorization therefor by the Planning Board.

COUNTY PLANNING BOARD - The Planning Board of Middlesex County.

       

CUL-DE-SAC - A dead-end street with a turnaround at the end.

       

DEVELOPER - 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.

DEVELOPMENT - 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 use of any building or other structure or land or extension of use of land for which permission may be required pursuant to Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:5513-1 et seq.).

DEVELOPMENT REGULATION - A Zoning Ordinance, Land Subdivision and Site Plan Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto.

DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY - The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, erosion and sedimentation.

EROSION - The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

FINAL. APPROVAL - The official action of the Board taken on' a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.

FINAL PLAT - The final map of all or a portion of a subdivision or site plan which is presented to the Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer, in the case of a subdivision.

GOVERNING BODY - The Mayor and Council of the Borough of South River.

       

INTERESTED PARTY - In a criminal or quasi-crinunal proceeding, any citizen of the State of New Jersey, and, 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 pursuant to Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:5513-1 et seq.) or whose rights to use, acquire or enjoy property have been denied, violated or infringed by an action or failure to act pursuant to Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:5513-1 et seq.).

LAND - Includes improvements and fixtures on, above or below the surface.

       

LOT - A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.

MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by this chapter.

MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision. In addition, any proposed subdivision which would otherwise qualify as a minor subdivision shall be classified as a "major subdivision" if the subdivision under consideration represents a further subdivision of an original tract of land for which previous minor subdivision(s) has been approved by the Board within the past three years. The original tract of land shall be considered any tract in existence at the time of the adoption of this chapter.

MASTER PLAN - A composite of the mapped and written proposals recommending the physical development of the Borough which shall have been duly adopted by the Planning Board.

MINOR SUBDIVISION - Any subdivision which does not involve the creation of more than three lots, including the remainder of a tract fronting on an existing street; planned development; any new street; or the extension of any off-tract improvements, the cost of which is to be prorated pursuant to § 295-20 of this chapter.

MULTIFAMILY HOUSING DEVELOPMENT - A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings. [Added 3-9-1994 by Ord. No. 1994-10]

NONCONFORMING LOT - A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning. Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE - A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

OFFICIAL MAP - A map adopted in accordance with Section 23 of Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-32). Such map shall be deemed to be conclusive with respect to the location and width of streets and public drainage rights-of-way and the location of public parks and playgrounds.

OFF-SITE - Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

OFF-TRACT - Not located on the property which is the subject of a development application, nor on a contiguous portion of a street or right-of-way.

ON-SITE - Located on the lot in question.

       

OWNER - Any individual, partnership, firm, association, syndicate or corporation having sufficient proprietary interest in the land sought to be subdivided or otherwise developed to commence and maintain proceedings under this chapter. .

PARTY IMMEDIATELY CONCERNED - For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7:1 of Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-11).

PERFORMANCE GUARANTY - Any security, including cash, which may be accepted by the Borough in lieu of certain improvements having been installed, provided that the Borough of South River shall require 10% of the total performance guaranty in cash.

PLANNING BOARD - The Municipal Planning Board of the Borough of South River established pursuant to Section 14 of Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-23).

PLAT - A map or maps of a subdivision or site plan.

       

PRELIMINARY APPROVAL - The conferral of certain rights pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS - Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.

PRELIMINARY PLAT - The preliminary map of a subdivision or site plan indicating the layout of the development which is presented to the Board for consideration and preliminary approval in accordance with these regulations.

       

RECYCLING AREA - Space allocated for collection and storage of source-separated recyclable materials. [Added 3-9-1994 by Ord. No. 1994-10]

RESUBDIVISION - The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

SEDIMENTATION - The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SITE PLAN - A development plan of one or more lots on which is shown:

       

       A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;

       B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and

       C. Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of "site plans" by the Board.

STANDARDS OF PERFORMANCE - Standards:

       

       A. Adopted by ordinance pursuant to Section 52 of Chapter 291, of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-65) 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 municipality;

       B. Required by applicable federal or state laws or other municipal requirements; or

       C. Required by the Borough Engineer specifically pertaining to design and construction of all facilities in a first-class manner.

STREET - 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 pursuant to 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 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.

       

STRUCTURE - A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

SUBDIVIDER - Any individual, partnership, firm, association, syndicate or corporation commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION - The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created and no modifications to Borough facilities are involved: divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Maps of the Borough. The term "subdivision" shall also include the term "resubdivision."

       

ACCESSORY USE OR BUILDING - A subordinate use or building, the purpose of which is incidental to that of a main use or building located on the same lot.

AFFORDABLE - A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4, as amended and supplemented. [Added 4-6-1994 by Ord. No. 1994-12]

AUTHORITY - An agency, approved by the New Jersey Council on Affordable Housing, with which the Borough of South River shall contract for ensuring the affordability of sales and rental units, including rehabilitated units, over time and for carrying out controls on affordability as set forth in N.J.A.C. 5:93-1 et seq., as amended and supplemented. [Added 4-6-1994 by Ord. No. 1994-12]

BILLBOARD OR OUTDOOR ADVERTISING SIGN - A sign which directs attention to a business, industry, profession, commodity, service or entertainment not sold or offered upon the premises where the sign is located.

BOARDING- OR ROOMING HOUSE - Any building containing two or more sleeping accommodations without individual cooking facilities or bathrooms for people who are not members of a family as defined in this section.

BUFFER AREA - A landscaped area designed to act as a visual and sound screen between a potentially unsightly or otherwise incompatible or undesirable land use and adjacent properties. ,

BUILDING HEIGHT - The vertical distance measured from the mean elevation of the finished grade adjacent to the building foundation to the mean level of the slope of the roof.

BUSINESS SIGN - A sign which directs attention to a business, industry, profession, commodity, service or entertainment sold or offered upon the same premises where such sign is located.

DRIVE-IN OPERATION - Any business of any kind engaged in making sales or providing services to persons occupying motor or other types of vehicles entered upon any business premises for such purpose.

DWELLING UNIT - A building or portion thereof providing sleeping room(s), bathroom(s) and kitchen facilities for the use of one household. "Dwelling units" shall be differentiated one from the other as follows:

DWELLING, SINGLE-FAMILY -A detached building designed for or occupied exclusively by one family. .

DWELLING, TWO-FAMILY - A building designed for or occupied exclusively by two families living independently of each other where the individual, family units are entirely separated by vertical walls or horizontal floors.

DWELLING, MULTIFAMILY - A building used or designed as a residence for three or more families living independently of each other, not including a motel, boardinghouse or rooming house.

GARDEN APARTMENTS - A group of architecturally harmonious multifamily dwellings in which there are no more than 2 habitable stories above curb level.

MOBILE HOME - A dwelling unit, factory-built and factory-assembled, designed for conveyance after fabrication on streets and highways on its own wheels or on flatbed or other trailer and arriving on site where it is to become a dwelling complete and ready for occupancy except for minor incidentals, including hookups. A prefabricated home shall not be included in this definition.

ERECT - To construct, build, raise, assemble, place affix, attach, create, paint, draw or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign or sign structure.

EXTERNALLY ILLUMINATED SIGN - Any illuminated sign whose illumination is derived from an external artificial source outside the display portion of the sign.

FAMILY - One or more -persons living as a single, nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club or fraternity or sorority house. The "family" shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.

FENCE - A structure forming an enclosure of an open area and designed to prevent straying from within or intrusion from without said enclosure or to provide a visual barrier for the purposes of assuring privacy.

       

FLASHING SIGN - A sign with an illumination which is not kept constant in intensity at all times when in use.

FLOOR AREA - The total floor area of a structure used for residential purposes or for business or commercial activities. In the case of the latter, this shall include customer facilities, showcase facilities, work areas, storage and sales facilities. However, the "floor area" of a structure shall not include:

       (1) Cellar space, except that cellar space.used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading, berths. Also, 50% of cellar space constructed and finished as to be suitable for human habitation shall be counted in computing total "floor area."

       (2)Elevator and stair bulkheads, accessory water tanks and cooling towers.

       (3) Floor space used for mechanical equipment with structural headroom of less than seven feet six inches.

       (4) Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.

       (5) Uncovered steps.

       (6) Terraces, breezeways and open porches.

       (7) Accessory off-street parking spaces.

FLOOR AREA RATIO (F.A.R.) - A control on the intensity of land use calculated as the ratio of the gross floor area under roof of the main building to the total area of the lot on which the building is located.

FREESTANDING SIGN - Any sign attached to a structure, the sole purpose of which is to support the sign. Supporting frames for all such signs shall be of permanent materials, such as steel, concrete or masonry.

GARAGE

       

GARAGE, PRIVATE - A building, accessory to the main building, detached which provides for the storage of not more than three four-wheeled vehicles. No more than one commercial vehicle of a rated capacity not exceeding 3/4 ton shall be stored in such area, which commercial vehicle shall be owned or used by a person residing on the premises. No occupation, business or service is to be carried on within such garage. [Amended 5-17-2004 by Ord. No. 2004-21]

PUBLIC GARAGE -Any building or premises used for the storage or rental of motor vehicles conducted as a business or wherein motor vehicles are cared for or repaired for profit.

GASOLINE SERVICE STATION - An area of land, including structures thereon, that is used primarily for the retail sale and direct delivery to motor vehicles of gasoline and lubricating oils and which may include the making of minor repairs exclusive of any auto body work, welding or painting.

GROSS DENSITY - The total number of dwelling units existing or permitted on a housing site divided by the total area of the tract. The result is expressed as dwelling units per acre. [Added 4-6-1994 by Ord. No. 1994-12]

HOME OCCUPATION - A customary, personal service occupation conducted for profit, such as dressmaking, millinery, home cooking for off-premises consumption, individual private tutoring, individual teaching of music or singing, portrait painting or sculpturing, conducted by members of the resident family in the main building.

HOME PROFESSIONAL OFFICE - An office of a member of a recognized profession providing professional services on an appointment-only basis in his place of residence. The issuance of a state or local license for regulation of any gainful occupation shall not be deemed indicative of the occupation being classified as a recognized profession under the terms of this chapter. Recognized professions shall include only medical care for human beings; the clergy; architecture; engineering; law; accounting; planning; or similar professional occupations which may be so designated by the Planning Board upon finding both of the following: that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that such occupation serves clients on an appointment-only basis as opposed to serving a walk-in-off-the-street clientele. A "home professional office" shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing studios, real estate offices, convalescent homes, mortuary establishments and trades or businesses of any kind not herein expressly permitted shall not be deemed to be professional uses.

HOTEL OR MOTEL - A building consisting of eight or more rooms, each with its own bathroom, designed and intended as a place where sleeping accommodations are supplied primarily for transient travelers, and where a general kitchen and dining room are provided within the building.

INCLUSIONARY DEVELOPMENT - A development containing low- and moderate-income units. This term includes but is not limited to new construction, the conversion of a nonresidential structure to a residential structure and the creation of new low- and moderate-income units through the substantial rehabilitation of a vacant residential structure. [Added 4-6-1994 by Ord. No. 1994-12]

INTERNALLY ILLUMINATED SIGN - Any sign whose sole source of artificial illumination is contained within the display portion of the sign.

       

JUNKYARD - A lot or any part thereof used primarily for the collection, storage and sale of wastepaper, rags, scrap metal or discarded materials or for the collection, dismantling, storage and salvaging of machinery and/or motor vehicles for the sale of parts thereof.

LOT - A designated parcel, tract or area of land, established by a plat or otherwise permitted by law, to be used, developed or built upon as a unit.

LOT LINE - Any boundary line of a lot, excluding any street area.

       

LOT AREA - The total area within the lot lines of a lot.

       

LOT FRONTAGE - That portion of a lot extending along a street line.

       

LOT DEPTH -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, providing 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 be not less than 10 feet in length measured between its intersections with the side lot lines.

LOT WIDTH - The distance between side lot lines, measured as a straight line at the front setback line.

LOT COVERAGE -The percentage of the lot area that is occupied by the principal and accessory buildings.

CORNER LOT - A lot at the junction of and fronting on two or more intersecting streets. The greater frontage of a corner lot is its depth and its lesser frontage is its width.

LOW-INCOME HOUSING - Housing according to federal Department of Housing and Urban Development or the standards included in N.J.A.C. 5:93-1 et seq., as amended and supplemented, for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located, and which is subject to affordability controls promulgated by the New Jersey Council on Affordable Housing. [Added 4-6-1994 by Ord. No. 1994-12]

MARKET RATE UNITS - Housing within an inclusionary development, not restricted to low- and moderate-income. households that may sell at any price determined by a willing seller and a willing buyer. [Added 4-6-1994 by Ord. No. 1994-12]

MASSAGE PARLOR - A place where persons pay either a membership fee or an admission fee and where the activity on the premises includes touching, massaging or rubbing of specified anatomical areas or by which specified sexual activities are permitted or encouraged. [Added 1-13-1983 by Ord. No. 1982-46]

       

MODERATE-INCOME HOUSING - Housing affordable according to federal Department of Housing and Urban Development or the standards included in N.J.A.C. 5:93-1 et seq. for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income in excess of 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located and which is subject to affordability controls promulgated by the New Jersey Council on Affordable Housing. [Added 4-6-1994 by Ord. No. 1994-12]

NAMEPLATE SIGN - A sign which states the name and/or address of the occupant of the lot where the sign is located.

OPEN PORCH - A roofed structure supported by columns but having no side walls which projects beyond the main walls of a building.

PAVEMENT - An impervious ground covering.

       

PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which the building is situated.

PRINCIPAL USE - The primary or main purpose for which a lot or building is being utilized.

       

PROFESSIONAL SIGN - A sign listing only the name, profession and/or specialty of each practitioner.

QUASI-PUBLIC - Private organizations and groups of a fraternal, church or charitable nature.

       

RECREATIONAL VEHICLE - A vehicle designed and intended to be used for temporary sleeping or shelter during periods of travel and recreation.

REHABILITATION UNIT - A previously deficient, substandard housing unit which has undergone significant renovation to meet municipal or other applicable housing code standards as further described in N.J.A.C. 5:93-5.2(B), as amended and supplemented. [Added 4-6-1994 by Ord. No. 1994-12]

ROOF SIGN - A sign constructed or supported upon the roof of any building or structure.

       

SET-ASIDE - The percentage of housing units devoted to low- and moderate-income households within an inclusionary development. [Added 4-6-1994 by Ord. No. 1994-12]

SETBACK LINE - A line parallel to a lot line delineating minimum required yard area.

       

SEX CLUB - A public or private place where persons pay either a membership fee or an admission fee and where the activity on the premises consists, in whole or in part, of direct sexual contact between and among the patrons. Notwithstanding the fact that the owners or operators of a "sex club" contend that the club is private, nevertheless such places shall be deemed to be public if there is nothing about the operation to distinguish a member from anyone else who seeks admittance to the premises. [Added 1-13-1983 by Ord. No. 1982-46]

SHOPPING CENTER - A group of commercial establishments planned, developed and managed as a unit in an enclosed building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space and utilities and sanitary facilities.

SIGN - Any structure or portion thereof on which there is an announcement, declaration, identification, description, display illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public. (Refer to § 350-20 for additional sign definitions.)

SIGN AREA - The area contained within the outside of a framed or enclosed sign, or the area within a parallelogram drawn so as to include all elements of the sign.

SPECIFIED ANATOMICAL AREAS - Less than completely and opaquely covered human genitals, pubic area, buttocks, female breast below a point immediately above the top of the areola and human male genitals in a discernably turgid state, even if completely and opaquely covered. [Added 1-13-1983 by Ord. No. 1982-46]

SPECIFIED SEXUAL ACTIVITIES -

       [Added 1-13-1983 by Ord. No. 1982-46]

       (1) Human genitals in a state of sexual stimulation or arousal;

       (2) Acts of human masturbation, sexual intercourse or sodomy; or

       (3) Fondling or other erotic touchings of human genitals, pubic areas, buttocks or female breasts.

STREET -LINE - The property line of a lot which separates the public street right-of-way from the property abutting it.

STRUCTURAL ALTERATION - Any change in or rearrangement of the supporting members of a building or structure, such as walls, columns, beams, girders and foundations, including any enlargement or addition to the structure, or any change in the utility system or mechanical equipment of a structure which significantly alters its usability, capacity or function.

SUBSTANDARD HOUSING UNIT - A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes a roof, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems) and/or a load-bearing structural system. [Added 4-6-1994 by Ord. No. 1994-12]

TEMPORARY SIGN - A sign which is intended to advertise for a limited period of time, community or civic projects, real estate for sale or lease or a special offer of products or services or which endorses a political cause or candidate.

WALL SIGN - A sign which is attached to the wall of a building with the face in a plane parallel to such wall.

YARD - An open space on a lot, lying between the principal building and the nearest lot line, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

       (1) FRONT YARD-An open, unoccupied space within and extending the full width of the lot between the front lot line and the main front wall of a building, not including ground-story open porches and piazzas. When a lot fronts two streets, the "front yard" requirements shall be established along the shorter of the two street frontages. The depth of the "front yard" shall be measured at right angles with the front lot line.

       (2) REAR YARD-An open, unoccupied space within and extending the full width of the lot between the rear wall of the building and the rear lot line.

       (3) SIDE YARD - An open, unoccupied space within the lot between a side lot line and the side wall of the building or of any attached accessory building extending from the front lot line to the rear lot line.

       

FENCE - As defined by § 350-7 of this chapter; provided however, that for the purposes of this subsection, the words "fence" or "wall" shall not include or apply to the words "retaining wall(s)."

INTERIOR LOT - A parcel of land with a street on one side only.

       

OPEN FENCE - A fence which is greater than 50% open to the direct line of vision.

       

SOLID FENCE - A fence which is less than 50% open to the direct line of vision.