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State v. New Jersey Dairies

Decided: May 24, 1968.

STATE OF NEW JERSEY, BY THE POLITICAL SUBDIVISION, THE TOWNSHIP OF MIDDLETOWN, PLAINTIFF-RESPONDENT,
v.
NEW JERSEY DAIRIES, A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT



Conford, Collester and Labrecque. The opinion of the court was delivered by Collester, J.A.D.

Collester

[101 NJSuper Page 150] Defendant appeals from its conviction following a de novo trial in the Monmouth County Court of having installed its milk vending machines in violation of the setback requirements of the zoning ordinance of the Township of Middletown and of having failed to obtain

zoning permits for such machines. The court imposed a fine of $100 plus costs.

The case was heard on a stipulation of facts which can be summarized as follows. Defendant owned and operated eleven milk vending machines. Eight were installed in business zones and three in residential zones on sites which were leased to the defendant. It was agreed that if the location of the machines were subject to the zoning ordinance the front yard and side yard requirements of the ordinance had been violated. It was also conceded that defendant did not apply for and never received a zoning permit for the location of the machines.

The provisions of the township zoning ordinance, pertinent to the case, are as follows:

"§ 26.03 Definitions.

Certain words, phrases and terms in this Ordinance are defined for the purpose thereof as follows:

(49) STRUCTURE. Structure means a combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, fences and display signs.

(53) YARD, FRONT. 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 rearmost limit of the required front yard area.

(55) YARD, SIDE. An open, unoccupied space between the side line of the lot and the nearest line of a 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 lines as the case may be. The width of a side yard will be measured at right angles to the side line of the lot."

"§ 26.07 Schedule.

The schedule or regulations entitled, 'Schedule of Area, Yard, and Building Requirements, Zoning Ordinance of the Township of Middletown, Monmouth County, New Jersey,' and attached hereto applying to the uses of land and buildings and open spaces, minimum sizes of lots, lot areas, and all other matters therein ...


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