[Ord. No. 3134; Ord. No. 3216; amended 7-9-2019 by Ord. No. 3537; 10-13-2020 by Ord. No. 3598; 8-17-2021 by Ord. No. 3627]
ADULT BOOK STOREAn establishment or business having more than 25% of its stock in trade in books, magazines, publications, audio/video tapes of films that are distinguished or characterized by their emphasis on depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT DAY CAREA facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four-hour day.
[Added 7-9-2019 by Ord. No. 3537]
ADULT ENTERTAINMENT CABARETA private or public establishment devoted to adult entertainment, either with or without a liquor license, offering the following for viewing or patron participation:
a. Persons appearing in a state of nudity (in person or mechanical presentation) for entertainment or exhibition.
b. Persons and/or animals depicting or related to sexual activities (in person or mechanical presentation) for entertainment or exhibition.
c. Persons appearing as male or female impersonators.
d. Person(s) in exhibition of, but not limited to, exotic dancing, Go-Go dancing, disrobing partially or completely, sexually stimulating body movements or mannerisms, as generally or commonly perceived.
ADULT MOTION PICTURE THEATERAn establishment or business which presents film or video materials for public or private viewing in a theater, by mechanical means, which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
AGE-RESTRICTED HOUSINGResidential developments occupied by persons 55 years and older, but not including independent or semi-dependent congregate care and assisted living facilities, continuous care retirement communities, nursing homes and convalescent centers.
[Added 7-9-2019 by Ord. No. 3537]
AMUSEMENT DEVICEA mechanical, electro-mechanical or electronic device which may be operated by the public, which may or may not be activated by a coin or token, usually limited to two active participants, generally for use as a game, entertainment, or amusement.
Exclusions from this definition are pool/billiard tables, table shuffle board and darts.
ARTIST'S LIVE/WORK STUDIOThe work space of a professional artist engaged primarily in acts of painting, sculpting, film production, musical production, or other artistic productions, which may also include an accessory residential dwelling unit used by the artist, and may include a gallery or showing space to exhibit the art produced in the studio.
[Added 7-9-2019 by Ord. No. 3537]
ARTS STUDIOA facility in which an artist produces art and/or where classes/private lessons in the arts, including but not limited to painting, sculpting, singing, and musical instrument instruction, are taught.
[Added 7-9-2019 by Ord. No. 3537]
ASSISTED LIVING FACILITYA multi-family residential facility designed for older adults which provides congregate dining and other services as needed, and licensed by the state.
[Added 7-9-2019 by Ord. No. 3537]
AUTOMOTIVE/VEHICLE BODY SHOPAn establishment which primarily engages in the superficial and/or structural repair and painting of damaged motor vehicles.
AUTOMOTIVE/VEHICLE SALESThe use of any building and/or land area for the sale of automobiles, including light trucks, vans, recreational vehicles, trailers, motorcycles, boats and water craft. Vehicle preparation and repair work associated with a new vehicle agency is limited to an ancillary use.
AUTOMOTIVE/VEHICLE SERVICE STATIONAn establishment which conducts one or more of the following activities: the sale or supply of motor fuel and/or lubricants directly to a motor vehicle; service and/or repair of licensed or registered motor vehicles; inspection of motor vehicles as required by State law; the sale of tires, batteries, and/or other motor vehicle parts and accessories. Excluding motor vehicle washing, auto bodywork, new or used vehicle sales or leasing, of trucks or trailers.
[Amended 7-9-2019 by Ord. No. 3537]
AWNING/CANOPYA temporary or permanent roof-like structure consisting of framing covered with canvas or similar material mounted partly or solely on and projecting from a wall of a building for the purpose of shielding a doorway or window from the elements of weather or for ornamentation.
BANKSee FINANCIAL INSTITUTION.
BANNERAny message or non-message bearing device made of lightweight fabric or similar material, attached to a free standing pole or attached to a structure, the purpose being decorative or to attract attention.
BARA retail establishment for the sale of alcohol and other beverages for on the premises and off premises consumption with incidental food service.
[Amended 10-13-2020 by Ord. No. 3598]
BASEMENTAny portion of a building that is partly underground, having one-half or more of its floor to ceiling eight above the average graded level of the ground immediately adjacent to the building, and with a floor-to-ceiling height of not less than six and a half feet. A basement shall not count as a story.
[Amended 7-9-2019 by Ord. No. 3537]
BLOCKProperty abutting on one side of a street and lying between the nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, parking boundary, or waterway.
BOARDING/LODGING HOUSEA private dwelling which contains sleeping accommodations offered for rent of more than two but not more than 8 (6) single person rooms, whether meals are furnished to lodgers or not, and in which no transients are accommodated and no public restaurant is maintained.
BODY PIERCING PARLORAn establishment where decorative ornaments are used to pierce any part of the human body except medical applications or earrings.
BOWLING ALLEYA business establishment consisting of facilities for bowling, including one or more alleys, as well as ancillary facilities including, but not limited to a snack bar and pro shop.
BREW PUBA RESTAURANT that includes a BREWERY as an accessory use, and the alcoholic beverages produced are intended to be consumed on the premises, licensed in accordance with the State Alcoholic Beverage Law.
[Added 7-9-2019 by Ord. No. 3537]
BREWERYAny establishment engaged in the act of brewing any alcoholic beverage for sale and/or distribution to wholesalers, retailers, or consumption on the premises.
[Added 7-9-2019 by Ord. No. 3537]
BUFFER STRIPA landscaped planting strip providing a vertical screen containing a combination of two or more of the following elements: plants, shrubs and/or trees to be maintained for the life of the use to which the site is used.
BUILDINGAny structure designed or intended for use as an enclosure or shelter, protector or support of persons, animals or property.
BUILDING AREAThe area of a lot covered by the total gross area of all buildings measured to the outside of the exterior walls of the ground floors, except for open porches, patios, decks, courts, balconies, steps, stoops, awnings and overhangs.
BUILDING HEIGHTThe vertical distance in the case of flat roofs to the level of the highest point of the roof and in the case of pitched roofs to the mean level between the eaves and the highest point of the roof, measured from the average lot level at the front of the building.
BUILDING, ACCESSORYA subordinate building, the use of which is customarily incidental to that of the main or principal building on the same lot.
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is located.
BUILDING, PUBLICBuilding(s) or structure(s) occupied by a municipal, state or county governing body and/or its subordinate agencies.
BUILDING, SERVICEAn ancillary structure to the principal use of the lot used generally for the storage of supplies, commercial goods, commercial vehicles, or maintenance materials and equipment. The structure shall not be used as a dwelling for persons or animals.
BUSINESS, ARCADEThe principal activity is to provide amusement devices which may be operated by the public, generally for use as a game, entertainment, or amusement.
BUSINESS, BUILDING SUPPLYA use involving the retail and/or wholesale sales of all types of building materials which may be conducted inside and/or outside a building.
CABANAAn accessory structure used for storage of material or other uses in conjunction with a swimming pool.
CANNABIS CULTIVATORSee the definition set forth in P.L. 2021, c. 16. (N.J.S.A. 24:6I-33).
[Added 8-17-2021 by Ord. No. 3627]
CANNABIS DELIVERY SERVICESee the definition set forth in P.L. 2021, c. 16. (N.J.S.A. 24:6I-33).
[Added 8-17-2021 by Ord. No. 3627]
CANNABIS DISTRIBUTORSee the definition set forth in P.L. 2021, c. 16. (N.J.S.A. 24:6I-33).
[Added 8-17-2021 by Ord. No. 3627]
CANNABIS ESTABLISHMENTSee the definition in P.L. 2021, c. 16. (N.J.S.A. 24:6I-33) either a Cannabis Cultivator, a Cannabis Manufacturer, a Cannabis Wholesaler, or a Cannabis Retailer.
[Added 8-17-2021 by Ord. No. 3627]
CANNABIS MANUFACTURERSee the definition set forth in P.L. 2021, c. 16. (N.J.S.A. 24:6I-33).
[Added 8-17-2021 by Ord. No. 3627]
CANNABIS RETAILERSee the definition set forth in P.L. 2021, c. 16, (N.J.S.A. 24:6I-33) and shall include Medical Cannabis Dispensaries.
[Added 8-17-2021 by Ord. No. 3627]
CANNABIS WHOLESALERSee the definition set forth in P.L. 2021, c. 16. (N.J.S.A. 24:6I-33).
[Added 8-17-2021 by Ord. No. 3627]
CARRIAGE HOUSEA two-story "accessory building or structure" containing an enclosed garage on the first story and a "habitable unit" on the second story and is detached from the "main building."
* Residential use of the carriage house shall not be permitted on the first floor. |
* Maximum habitable floor area of a carriage house shall be not more than 720 square feet and may not extend beyond the footprint of the garage below. [Added 3-28-2023 by Ord. No. 07-23] |
CELLARA portion of a building with less than 1/2 of its floor-to-ceiling height above the average grade level of the ground immediately adjacent to the building or with a floor-to-ceiling height of less than 6 1/2 feet.
CERTIFICATE OF USE AND OCCUPANCYA certificate issued by the Construction Code Official or the Zoning Official upon the completion of construction of a structure; completion of an alteration of a structure; change of ownership; change of use; and change of commercial tenant with multiple use; change of each commercial tenant and of each use.
CHAIR MASSAGE ESTABLISHMENTAny massage, bodywork and somatic therapy establishment which strictly limits its service to massages that are administered to clients who are seated in a massage chair and remain fully clothed in their own personal clothing for the duration of the service. Furthermore, no bare skin contact is made or permitted with the client, nor are any oils, creams or lotions applied to the client. The massage is strictly limited to the back, neck, shoulders and feet.
[Added 3-28-2023 by Ord. No. 07-23]
CHECK CASHING ESTABLISHMENTAn establishment that is engaged primarily in check cashing services, usually for a fee, or pay day loan advances, but provides little to no other banking services.
[Added 3-28-2023 by Ord. No. 07-23]
CIGAR LOUNGEAny establishment, or area within an establishment, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar lounge that is in an area within an establishment shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the establishment so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas.
[Added 3-28-2023 by Ord. No. 07-23]
CIGAR SHOPA commercial establishment that sells full-sized, hand-rolled cigars, and which derives at least 60% of its total annual gross sales from the sale of such full-sized, hand-rolled cigars.
[Added 3-28-2023 by Ord. No. 07-23]
CLEAR SIGHT-TRIANGLEThe provision of a triangular-shaped area for purposes of maintaining proper sight visibility, which shall be designed and in accordance with ASHTO standards.
CLINICA facility providing medical, psychiatric, therapeutic, or surgical service for sick or injured persons exclusively on an out-patient basis, including immediate care, emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, or visitors.
CLINIC, MEDICAL OR DENTALA facility operated by one or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis.
CLUB HOUSEPremises or structure reserved for the exclusive use of members of an organization and their guest for civic, charitable, social or recreational purposes not conducted for gain, provided that there are not conducted any merchandising or commercial activities, except as required by the membership for the purposes of such "club".
CONSIGNMENT SHOPA shop engaging in the business of accepting for sale, on consignment, any goods other than precious or semiprecious metals, gems, or golf clubs.
[Added 3-28-2023 by Ord. No. 07-23]
CONSTRUCTION CODE OFFICIALThe officer or other personnel, authorized by the Belleville Township Council and charged with the administration and enforcement of this chapter, or his/her duly authorized representative, as appropriate.
CONVENIENCE SHOPA retail commercial establishment, not exceeding 1,500 square feet (135 sq. m.) of gross floor area, supplying daily household necessities for the immediate surrounding area in which articles for sale are restricted to a limited range of primarily food items such as milk, bread, soft drinks, ice cream, canned and bottled goods, snacks and candy, meat, and to compliment such items which may include the limited sale of magazines, books, housewares, toiletries, stationary, patent medicines, tobacco products.
[Added 3-28-2023 by Ord. No. 07-23]
COURT, INNERAn open, unoccupied space on the same lot with a building not extending to either the street or the rear yard.
COURT, OUTERAn open unoccupied space on the same lot with a building extending to either the street or the rear yard.
COVERAGE, BUILDING (LOT)The relationship of the main structure and all accessory structures (ground floor area) in relationship to the total lot area expressed as a percentage.
COVERAGE, IMPERVIOUSThe relationship of all paved impervious surfaces, including any structures, sidewalks, driveways, to the total lot area expressed as a percentage.
CROSSWALKA right-of-way, dedicated to public use, to facilitate pedestrian access.
CURB LEVELThe mean level of the existing curb or of the lot at the street line.
DANCE STUDIOAny place where dancing lessons are given for a charge or other consideration. "Dance studio" does not include a public dancehall, dance club or teenage dance, as defined in this chapter.
[Added 3-28-2023 by Ord. No. 07-23]
DANCING FACILITYAn establishment where musical entertainment is provided, either by persons or mechanical means, for the purpose of providing social dancing opportunities for its patrons.
DAY CARE FACILITY, CHILDAn approved and licensed facility to provide daily care for children of pre-school or school age.
DECK, ATTACHEDA structure within six feet of the main building that may or may not have railings or access to the ground, but does not contain walls or a roof.
DECK, ROOFA structural platform located above the finished roof material of a building, al-ways enclosed by a railing or balustrade defined by building code, accessed from below the roof, and designed to function as an outdoor patio or observation plat-form.
DECK, UNATTACHEDA structure six feet or more from the main building that may or may not have railings or access to the ground, but does not contain walls or a roof.
DIRECTORThe Director of Planning for the Township of Belleville or his/her designee.
DISTILLERYAny establishment engaged in the act of distilling any alcoholic beverage for sale and/or distribution to wholesalers, retailers, or consumption on the premises.
DOLLAR STOREA small-format, deep-discount retailer that sells an assortment of consumables and non-consumables, including food, home products, apparel and accessories, and seasonal items, at prices typically under $10. Does not include convenience stores.
[Added 3-28-2023 by Ord. No. 07-23]
DRIVEWAYAn open area used as a means to provide vehicular ingress and egress to a lot, also the paved area directly in front of a dwelling unit or a detached garage.
DRUG TREATMENT FACILITYA licensed establishment intended for the treatment of drug or alcohol related conditions through accepted medial practice.
DUPLEXA building designed as a single structure, containing two separate dwelling units, separated from one another by an unpierced wall extending from ground to roof, each of which has direct access to the outside. Each unit can be located on a separate lot.
DWELLINGA building designed or used for permanent living quarters for one or more families.
Use of the term "Dwelling" and its modifications in various forms shall exclude the following types of residence including hotel, motel, motor lodge, rooming house, boarding house or such accommodations used for transient occupancy.
A dwelling unit is a room or series or connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping household unit. The dwelling unit shall be self-contained and shall not require access through another dwelling unit or other indirect route to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping household unit.
Dwelling Units Type - Definitions: |
a. | Dwelling Detached Single Family - A free standing residential building which contains one dwelling unit which has no common walls with any other dwelling units. |
b. | Dwelling Attached (Two-Family) - A dwelling unit sharing common vertical (over/under) or horizontal (side-by-side) separation with one or more dwelling unit. |
c. | Dwelling Attached (Three-Family) - A dwelling unit sharing common vertical or horizontal separation with two other dwelling units. And, a Two-Family dwelling with a free-standing garage containing a one-bedroom unit above. |
d. | Dwelling Duplex - A building containing two dwelling units, stacked horizontally (side-by-side) in a similar way to attached Townhomes, each of which has direct access to the outside. |
e. | Dwelling Triplex - A building containing three dwelling units, stacked horizontally (side-by-side) in a similar way to attached Townhomes, each of which has direct access to the outside. |
f. | Dwelling Three Family - A building containing three dwelling units connected vertically and/or horizontally but with each unit having direct access to the outside or to a common hall. |
g. | Dwelling Multiple Family — More than three dwelling units sharing common separations in a single structure. |
h. | Townhouse — A one-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally (side by side) in a linear arrangement extending from the foundation through the roof and having a totally exposed front and rear wall to be used for access to the outdoors and is connected to the other dwelling units by a single party wall with no openings. Each unit is located on a individual lot. [Added 7-9-2019 by Ord. No. 3537; amended 10-13-2020 by Ord. No. 3598; 4-12-2022 by Ord. No. 3644] |
DWELLING, REARA dwelling located on the same lot and to the rear of the main building for which the lot is used.
DWELLING, SENIOR CITIZENA dwelling unit designed specifically for persons aged 55 and older or older as regulated by sponsoring government agency or non-profit entity which may include a deed restriction regarding the age of the occupants.
EASEMENTA restriction established in a real estate deed to permit the use of land by the public, a corporation, or particular persons for specific uses.
FAMILYAn individual, or two or more persons related by blood or marriage or two unrelated individuals, living together as a single housekeeping unit in a dwelling unit.
FENCE, CHAIN LINKA metal fence composed of interlocking steel chains or links which form an open pattern, commonly referred to as a cyclone fence.
[Amended 4-12-2022 by Ord. No. 3644]
FENCE, ELECTRIFIEDA metal fence, or part of, which is connected to a source of electrical energy either alternating (AC) or direct (DC) current, whether energized or not.
FENCE, OPENA fence having open spaces which are at least the same size as and between each two picket slats or a basket weave construction with equal closed and open spacing.
FENCE, STOCKADEA fence providing minimum spacing between fence elements whether the construction elements are on the same side or alternating sides of the fence.
FINANCIAL INSTITUTIONAny commercial establishment which provides banking, investment, loan, mortgage or related services to the public.
FLAGA fabric or material containing distinctive colors, patterns or symbols used as a symbol of a government, political subdivision or other entity.
FLOOR AREA, GROSSThe total of all floor area of a building or structure measured to the outside of the exterior walls.
FLOOR AREA, NETThe existing or potential area within a building exclusive of corridors, storage rooms, washrooms, basements, porches, breezeways and garages.
FOOD SERVICE ESTABLISHMENTA facility established primarily for the service of food and drink which shall include restaurants of all classes, bakeries, ice cream parlors, taverns and delicatessens.
[Added 6-9-2020 by Ord. No. 3574]
GARAGE, ACCESSORYAn accessory building or part of a main building limited to the following uses: storage of private or permitted motor vehicles and incidental servicing of these vehicles, storage of household effects, tools, and such other items of equipment as are directly related to the care, use and upkeep of the dwelling, the buildings, and lot, home occupation items, and cottage craft items. Nothing contained herein shall be construed as permitting any detached accessory garage to be used for human habitation or any business of commercial activity.
GARAGE, COMMERCIALA building designed for temporary storage of motor vehicles which may be of open or enclosed construction.
GARDEN APARTMENTA group of detached or attached apartment houses not more than two stories in height containing dwelling units, with each unit having its own cooking facilities.
GREEN HOUSE, COMMERCIALA building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for sale in conjunction with a retail operation which may either be on or off-site.
GREEN HOUSE, PRIVATEA building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for personal enjoyment.
GREEN ROOFA roof covered with vegetation, designed for its aesthetic value and to optimize energy conservation.
HEALTH/ATHLETIC/PHYSICAL FITNESS SERVICE OR CLUBAn establishment that provided any combination of facilities for aerobic exercise, running and jogging, exercise equipment, game courts, swimming and saunas, showers, massage rooms and lockers, and may include a pro shop for the sale of limited merchandise and equipment for member's use.
HOME OCCUPATIONShall mean and include tailoring activities, art instructions, musical lessons, cottage craft and hobbies or similar occupations for profit provided there shall be no employees.
The activities shall be conducted solely by the resident-owner-occupants of the building and no display of advertising or display of products shall be visible from the street.
HOME PROFESSIONThe office or studio of a resident physician, artist, writer, dentist, lawyer, architect, engineer, accountant or teacher as herein restricted; provided that not more than two persons are employed who are not members of the family, and that such office shall be on the ground floor of the main building and shall not occupy more than 1/2 of the area of the ground floor of said building. For the purpose of this paragraph, a "teacher" shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at a time.
A professional shall not include the office of any person professionally engaged in the purchase or sale of economic goods. The professional office of a physician shall not include a biological or other medical testing laboratory.
HOME, CONVALESCENT/NURSING/RESTA long-term residential care facility for medical or convalescent care of patients or the elderly with full supervision and licensed by the State.
HOSPITALA building or set of buildings housing an institution licensed by the State providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments and staff offices that are in integral part of the facilities.
IMMEDIATE/URGENT CARE FACILITYA medical service staffed by licensed physicians for out-patient care of humans where emergency or immediate service is customarily rendered on a walk-in basis without appointment.
INCINERATORA device used to burn waste substances and in which all the combustion factors (temperature, retention time, turbulence and combustion air) can be controlled.
INDOOR AGRICULTUREIndoor farming is a method of growing crops or plants, usually on a large scale, entirely indoors. This method of farming often implements growing methods such as hydroponics and utilizes artificial lights to provide plants with the nutrients and light levels required for growth.
[Added 7-9-2019 by Ord. No. 3537]
JUNK YARDA lot, land or structure of more than 100 square feet used primarily for the collecting, storage and sale of waste paper, rags, scrap metal, or other scrap or discarded material or for the collecting, dismantling storage or salvaging of machinery or vehicles not in running condition, and the sale of parts thereof.
KITCHENAny room principally used, intended, or designed to be used for cooking or the preparation of food.
[Added 7-9-2019 by Ord. No. 3537]
KITCHEN, SUMMERA second kitchen in one dwelling unit.
[Added 7-9-2019 by Ord. No. 3537]
LABORATORY, RESEARCH/DESIGNAn establishment or other facility for carrying on investigation in the natural, physical or social sciences, which may include engineering and product development.
LAUNDRY, COMMERCIALA business establishment which provides washing, drying or dry cleaning services for other businesses and or governmental agencies.
LAUNDRY, NEIGHBORHOODAn establishment providing washing, drying or dry cleaning machines on the premises for retail use. To the general public; also known as a "LAUNDROMAT."
LOADING SPACEAn off-street space surfaced to be available in all weather, suitable for loading or unloading of goods and having direct access to a street.
LOTAny parcel, plot, site, or portion of land separated or divided from other parcels or portions by description on a subdivision plat, deed, record or survey map or by metes and bounds with the intention of offering such unit for sale, lease or separate use either as an undeveloped site, regardless of how it is conveyed.
LOT LINE, FRONTThe boundary of a lot which is along an existing or dedicated public or private street, or where no public street exists, is a long a public right of way.
LOT LINE, REARThat boundary of a lot which is most distant from and is more nearly parallel to the front lot line.
LOT LINE, SIDEAny boundary of a lot which is not a front nor rear lot line.
LOT, CORNERA lot abutting two or more streets at their intersection or upon two parts of the same street; such streets or part of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner. A corner lot shall have two front lot lines abutting the street R-O-W line and two side lot lines abutting an interior side lot line of the adjacent lots.
[Amended 10-13-2020 by Ord. No. 3598]
LOT, DEPTHThe average distance from the front lot line to the rear lot line measured in the general direction of the side lines of the lot.
LOT, FINISHED GRADEThe actual grade provided on a lot at the completion of any construction or lot disturbance.
LOT, FRONTAGEThe horizontal distance measured along the full length of the front lot line.
LOT, NON-CONFORMINGA lot or parcel which does not have the minimum width or depth or contain the minimum area for the zone in which it is located.
LOT, WIDTHThe distance between the two side lot lines of a lot measured at the front yard setback.
MAKER-SPACEAn OFFICE, CO-WORKING space in which the facilities provided for shared use by members may include equipment and tools for fabrication that are customary for machine shops, wood working shops, or other similar light industrial facilities.
[Added 7-9-2019 by Ord. No. 3537]
MANUFACTURING FACILITYAny establishment that engages in the mechanical or chemical transformation of materials or substances into new products including the assembly of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastic, resins, or liquids.
MASSAGE PARLORAny place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentation, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with specified sexual activities, or, where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service (provided by a New Jersey State licensed practitioner).
[Amended 3-28-2023 by Ord. No. 07-23]
MASSAGE, BODYWORK AND SOMATIC THERAPIESAny systems of activity of structured touch which include, but are not limited to, holding, applying pressure, position and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory, and palpating skills to assess the body for purposes of applying therapeutic massage, bodywork or somatic principles. Such applications may include, but are not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, movement and neuromyofacial education in self-care and stress management. Massage, bodywork, and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment, or disability.
[Added 3-28-2023 by Ord. No. 07-23]
MASSAGE, BODYWORK AND SOMATIC THERAPISTAny person licensed pursuant to the provisions of the Massage and Bodywork and Therapist Licensing Act, N.J.S.A. 45:11-53.
[Added 3-28-2023 by Ord. No. 07-23]
MASTER PLANA comprehensive plan consisting of mapped and written proposals duly adopted by the Planning Board for the future growth, protection and development of the Township in accordance with C40:55d-28 of the Municipal Land Use Law.
METHADONE CLINICClinic which has been established for the dispensing of methadone (Dolophine, Methadose). Methadone treatment is indicated in patients who are opioid dependent or have a history of opioid dependence.
[Added 7-9-2019 by Ord. No. 3537]
MICROBUSINESS (CANNABIS)See the definition set forth in P.L. 2021, c. 16 (N.J.S.A. 24:6I-33).
[Added 8-17-2021 by Ord. No. 3627]
MIXED USEA use which combines a retail or business use on the ground floor with a residential use in the same structure.
MOBILE HOMEA vehicle or portable structure mounted or designed for mounting on wheels used for dwelling purposes, including structural additions, except parked or unoccupied recreational vehicles. Any such vehicle or structure shall be deemed to be a "mobile home" whether or not the wheels have been removed and whether or not resting upon a temporary or permanent foundation.
MOTELA building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transients and providing accessory off-street parking. The terms shall not be construed to include mobile or immobile trailers.
MOVIE STUDIOA facility for the production of motion pictures which includes stages, exterior sets, film laboratories, sound recording facilities, construction, repair, and storage facilities, caretaker's, and other temporary dwellings, related commercial vehicles, and accessory fabrication activities.
[Added 3-28-2023 by Ord. No. 07-23]
MUSIC RECORDING STUDIOMusic Recording Studio: A facility maintained and equipped for sound recording and mixing for the purposes of producing a product for commercial consumption.
[Added 3-28-2023 by Ord. No. 07-23]
NUISANCEAn offensive or obnoxious thing or practice; a source of annoyance, especially a continuing of repeating invasion or disturbance of another's rights, including the actual or potential use across a property line which can be perceived by or affects a human being, or generation of an excessive or concentrated movement of people or things such as but not limited to: noise, dust, smoke, vibration, radiation, transportation by truck, rail, or other means.
NURSERY, HORTICULTURELand or green houses used to raise flowers, shrubs and plants for cultivation and sale.
OFFICEAn establishment consisting of a room or group of rooms used for conducting the affairs of a business and generally furnished with desks, files and communications equipment, but which does not offer merchandise for sale.
OFFICE, CO-WORKINGAn office space which may contain desks and other work spaces and facilities intended for shared use by members.
[Added 7-9-2019 by Ord. No. 3537]
OFFICE, FLEX SPACEA space which provides flexibility in terms of its uses, and may include spaces which can be purposed as general office space, light industrial space for fabrication with tools or equipment that is limited to those which do not generate noise or pollutants beyond what is customary in a professional or business office environment, laboratory space, or other similar uses incorporated into one space or building, where such spaces can be readily used for different functions at different times. Such use may often include high bays and overhead garage doors not typical of traditional business or professional offices.
[Added 7-9-2019 by Ord. No. 3537]
PARKING AREA, PORTABLEAn open area, which can be placed at appropriate locations during emergency conditions, limited to five vehicles.
PARKING AREA, PRIVATEAn open area for the storage of one or more motor vehicles, provided no business, occupation or service is conducted for profit therein.
PARKING SPACEShall mean an off-street space available for the parking of one motor vehicle and having direct useable access to a street or alley.
PARKING, COMMERCIAL LOTAn open area, other than a street or other public way, privately owned, used for the parking of or storage of vehicles and available to the public whether or not a fee is charged.
PARKING, PUBLIC FACILITYAn open area or structure, other than a street or other public way, owned by a government agency, used for the parking of vehicles and available to the public whether or not a fee is charged.
PATIOA level surfaced area directly adjacent to a principal building which has an average elevation of not more than 30 inches, and without walls or a roof. A patio may be constructed of any materials and intended for outdoor lounging, dining, and the like.
[Added 7-9-2019 by Ord. No. 3537]
PAWN SHOPA building and/or site used for "retail" but in which the goods for sale are second hand personal items to be administered, when such therapies are administered for any form of consideration.
[Added 3-28-2023 by Ord. No. 07-23]
PENNANTAny lightweight plastic, fabric or other material whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series and designated to move in the wind, attached to the premises, pole, tree, or other structure of said premises.
PERFORMANCE GUARANTEEAny security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board approves the plat, including performance bonds, escrow agreements, or other collateral or surety agreement.
PERMANENT MAKE-UP SERVICESPermanent makeup is a cosmetic technique which employs permanent pigmentation of the dermis as a means of producing designs that resemble makeup, such as eye lining and other permanent enhancing colors to the skin of the face, lips, and eyelids.
PHYSICAL FITNESS GYM/STUDIOA facility that houses exercise equipment and space for the purposes of physical exercise as part of classes and/or for self-guided training.
PLACE OF PUBLIC ASSEMBLYA meeting hall, club house, auditorium, church, synagogue, or other structure or portion thereof, used at regular or periodic intervals as a gathering place for the purposes of, but not limited to, conferences, worship, entertainment, amusement, recreation or education, or performance of social, athlete or cultural programs.
PLANNING BOARD SUBCOMMITTEEA special committee of the planning Board consisting of the Zoning Official, Township Engineer, and Planning Board Chair or a Planning Board member designated by the Chair and one class 4 member of the Planning Board. It is also known as the Subdivision Committee. This committee shall review all development prescribed within Chapter XX and at the discretion of the Zoning Official, commercial signage, facade and fencing when determined necessary.
[Added 4-12-2022 by Ord. No. 3644]
PRINTING FACILITIESAn establishment engaged in printing, embossing or any related method of transferring printed materials to all types of materials.
RECREATION SITEA useable, single tract or portion of land developed for recreation and play.
RECREATION, INDOOR COMMERCIALAn establishment providing completely enclosed recreation activities, including, but not limited to, coin-operated amusement devices, bowling alley, billiards, ice skating or roller rink, or sports and fitness training facilities.
RECYCLING FACILITYA structure and/or lot where discarded glass, metals, plastic, paper products, vehicles tires, vehicles fluids (oil, anti-freeze, etc.) are collected in small quantities, repackaged in bulk and redistributed unprocessed.
REHABILITATION CENTEREstablishment providing physical therapy for muscular and skeletal rehabilitation and regeneration.
RESTAURANTAn establishment where unpackaged food and beverages (alcoholic/non-alcoholic) is prepared, served in individual servings and consumed primarily within the principal premises.
RESTAURANT, CARRY-OUT/WALK-UPAn establishment which by design of physical facilities or by service of packaging procedures, permits or encourages the purchase of prepared ready-to-eat foods and/or non-alcoholic beverages intended primarily to be consumed off the premises.
[Amended 7-9-2019 by Ord. No. 3537]
RESTAURANT, FAST FOODAn establishment whose principal business is the sale of pre-prepared or rapidly prepared food and/or non-alcoholic beverages directly to the customer in a ready-to-consume state for consumption either within the premises, in a motor vehicle on site, or off premises.
[Amended 7-9-2019 by Ord. No. 3537]
RETAIL SALESEstablishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, including but not limited to such businesses as: a bakery, brewery, clothing store, gift shop, hardware store, liquor store, grocery store, butcher shop, pharmacy dispenser other similar establishment.
RETAIL SERVICESEstablishments providing services or entertainment, as opposed to products, to the general public for personal or household use, including but not limited to financial institutions and banks, repair shops, barber/beauty shops, tailors, furniture cleaning, laundry services, locksmith, pet grooming, or motion picture theater.
REVIEWING BOARDThe Planning Board or the Board of Adjustment, depending upon the type of approval sought or the variances required in a particular case.
RIGHT-OF-WAYThe land and space required on the surface, sub-surface, and overhead for the construction and installation of materials necessary to provided passage way for vehicular traffic, pedestrians, utility lines; poles, conduits and mains, signs, hydrants, trees, and shrubbery and the proper amount of light and air as established by local authorities and shall be measured from lot line to lot line.
ROADWAYA private or public means of ingress and egress into and out of the development or the means of circulating around a development.
SATELLITE DISHSatellite dish/antenna means any antenna, typically in the shape of a shallow dish, and appurtenant equipment, used for the reception of communications (television or otherwise) from orbiting satellites or ground transmitters.
[Added 3-28-2023 by Ord. No. 07-23]
SCHOOL, BUSINESSA school limited to special instruction such as, but not limited to, business, art, music, trades, handcraft, or dancing.
SCHOOL, PRIVATEAn elementary or intermediate school other than a parochial school, giving regular instruction capable of meeting the requirements of State compulsory education laws and approved as such and operating at least five days a week for a normal school year and supported by other than public funds.
SELF-STORAGE FACILITYA building designed and used for the purpose of renting or leasing individual storage space divided by individual room or locker compartments to individuals or businesses who are to have access to such facility for the purpose of storing and removing personal property and possessions. A self-storage facility is not a warehouse.
[Added 4-12-2022 by Ord. No. 3644]
SHEDAn accessory structure used for storage, usually associated with a residential dwelling.
SHOOTING RANGEAn establishment which provides facilities for the use of firearms and/or archery equipment shooting at specific targets under controlled conditions, as well as ancillary facilities including, but not limited to a pro shop, equipment sales and licenses.
SIDEWALKThat portion of the public easement which lies between the building line and the curb.
[Amended 6-9-2020 by Ord. No. 3574]
SIDEWALK CAFEThe use of partitioned space on the sidewalk beyond the building line to accommodate tables, chairs, and the serving of food and drink to patrons of a restaurant fronting on that space. During a Public Health Emergency as declared by the Governor of the State of New Jersey, and for 90 days after said Public Health Emergency is declared to no longer exist by the Governor of the State of New Jersey, "Sidewalk Cafe" shall also include any sidewalk on the side and rear of the building, and any space adjacent to the restaurant outside the public rights-of-way or easements for public use, which are contiguous to the legally established restaurant or other eating or drinking establishment including, but not limited to parking areas, private walkways, and patios.
[Added 7-9-2019 by Ord. No. 3537; amended 6-9-2020 by Ord. No. 3574]
SIGNAny object, display, device or structure or part thereof, located outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service event or location by any means including words, letters figures, design, symbol, fixture, colors, illumination or projected images.
SIGN, ANIMATED OR MOVINGAny sign or part thereof which changes physical position or light intensity by any movement or rotation or which gives the visual impression of such movement or rotation.
SIGN, AREAThe total surface, including frame and/or supports, of the background upon which the sign is contained. This shall not be construed to include the supporting members of any sign which are used solely for the purpose of structural or mechanical support.
If there is no background, the "sign area" shall be the product of largest horizontal width and the largest vertical height of the lettering, illustration or display.
SIGN, AWNING/CANOPYA sign that is part of or attached to an awning or canopy such that the sign does not project above, below or beyond the awning or canopy.
SIGN, BILLBOARDA sign which directs attention to a business, commodity, service or entertainment conducted sold or offered at a location other than the premises on which the sign is located.
SIGN, BLADEA blade sign is a sign projecting perpendicular to a building facade so that the sign surface is perpendicular to the normal flow of traffic pedestrian or vehicular. Blade signs may be attached to the building, or hanging from a pole perpendicular to the building or hanging from an awning or canopy. They shall project a maximum of 36 inches from the building and must be attached to the ground floor building area so that the base of the sign is at least eight feet above the sidewalk. With a maximum area of 6.25 square feet per side.
[Added 7-9-2019 by Ord. No. 3537]
SIGN, BUSINESSA sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.
SIGN, CIVICA sign which contains the name and/or symbol and other pertinent information such as, but not limited to, meeting time, meeting place, welcome message or slogan of the organization.
SIGN, CONTRACTORA temporary sign displaying the name, address and telephone number of persons or business providing building improvement services to a residence or other building or property.
SIGN, DIRECTIONALA sign, generally informational, limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," "exit."
SIGN, DIRECTORYA sign, which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, and may contain the names of individuals connected with it and general announcements of events or activities occurring at the institution or similar messages.
SIGN, FREESTANDING/PYLONA type of structure designed with structural uprights or masonry walls which is attached to the ground and not attached to any building, its purpose to hold or support any of the signs described within the section.
SIGN, MARQUEEAny sign attached to, in any manner, or made part of a marquee by direct lettering or attachment of lettering to the surface.
SIGN, MONUMENTA two-sided sign attached to a permanent foundation or decorative base and not attached or dependent on support from any building, pole, posts or similar uprights.
[Added 7-9-2019 by Ord. No. 3537]
SIGN, MOON TUBINGIlluminated tubes which frame any portion of a glass front of a building or window.
[Added 7-9-2019 by Ord. No. 3537]
SIGN, NAMEPLATEA sign, bearing the name of owner/occupant or a professional person and may include the local address or profession of the professional of a building or premises.
SIGN, POLITICALAny sign which directs attention to any candidate for political office or to any political campaign drive, movement or event.
SIGN, PORTABLEA sign that is not permanent, affixed to a building structure or the ground or a sign designed to be transported, including, but not limited to A-or T-frames and sandwich board signs; balloons used as signs; umbrellas used for advertising; signs attached to or painted on vehicles parked and visible from the public-right-of-way, unless said vehicle is used in the normal daily operation of the business.
SIGN, PROJECTINGA sign that is wholly or partly dependent upon a building for support by means of structural members and mounted directly to the building and may be of such construction that it contains apparatus for internal illumination.
SIGN, REAL ESTATEA sign pertaining to the sale or lease of the premises, or a portion of the premises on which the sign is located.
SIGN, ROOFA sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eaves line or a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
SIGN, TEMPORARYA sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for 30 days or less.
SIGN, WALLA sign attached parallel to, but with its leading edge extending no more than nine inches from a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays one sign surface.
SIGN, WINDOWA sign fastened to or painted on a window or which is hanging within six inches inside of the window and which can be viewed from the exterior of the structure through said window.
SMOKE SHOP AND TOBACCO STOREAny premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop and tobacco store" and shall not be subject to the restrictions in this chapter.
[Added 3-28-2023 by Ord. No. 07-23]
SOUND STAGEA soundproof structure, building or room, used for theatrical filmmaking and television productions.
[Added 3-28-2023 by Ord. No. 07-23]
STEPBACKThe distance the upper floors or portions of a building or structure are setback from the outermost edge of that building or structure as measured from its intersection with grade. Upper floors may be any floor above the ground floor.
STORYThat part of a building between any floor and the floor above, or in its absence, the ceiling or roof above. A story which extends less than six feet above the mean grade and level of the ground immediately adjacent to the building shall not be counted in determining the number of stories.
STORY, HALFThat portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.
STREET, ARTERIALA street with signals at important intersections or access control and channelized intersections with restricted parking that distributes traffic to and from collector streets.
STREET, COLLECTORA street that collects traffic from local streets and connects with arterial streets.
STRUCTUREAny combination of materials that is constructed or erected which requires permanent or temporary location on the ground or permanent or temporary attachment to something which is erected on the ground and designed, intended or arranged for the housing, shelter, enclosure, and/or structural support of persons, animals, or property of any kind.
STRUCTURE, ALTERATIONAny change, re-arrangement, reconstruction of any part or existing facility, or removal of a building from one location to another.
STRUCTURE, NON-CONFORMINGA structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the 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.
SUBSTANCE ABUSE TREATMENT FACILITYA facility for the purposes of temporary or long-term inpatient or out-patient treatment of persons for alcohol or drug use or addiction.
[Added 7-9-2019 by Ord. No. 3537]
SWIMMING POOL, PERMANENTA water filled enclosure, which is permanently constructed in the ground, or in a permanent foundation above ground, which is designed, used and maintained only for swimming and bathing.
SWIMMING POOL, PORTABLEA water filled enclosure, which is constructed above the level of the surrounding land with a depth of more than 48 inches and may be disassembled or mechanically dismantled.
TANDEM PARKINGThe placement of one parking space behind another parking space, such that there are a maximum of three vehicles stacked together to form a chain. Vehicles in the tandem spaces may be stacked close together or parked far apart but will be considered tandem parking when only one parking space of the three has unobstructed access to the driveway/road. Up to three rows of tandem parking chains are permitted in Residential Zones. Chains of greater than three vehicles are prohibited.
[Added 4-12-2022 by Ord. No. 3644]
TATTOO ESTABLISHMENTAn establishment where decorative designs are placed on the human skin by mechanical or other means and which are intended to be permanent.
TAVERNA retail establishment for the sale of alcohol and other beverages for on the premises and off the premises consumption with incidental food service.
THEATREA place of public entertainment for the purpose of exhibition of motion picture and or performance of dramas and other social or cultural programs.
[Added 3-28-2023 by Ord. No. 07-23]
THRIFT STOREAny for-profit establishment that sells secondhand goods. Also includes consignment shop, pawn shop or other similar enterprise.
[Added 3-28-2023 by Ord. No. 07-23]
TRAILER, RECREATIONALA vehicular-type portable structure without a permanent foundation that can be towed, hauled or driven and is primarily designed as a temporary living accommodation for recreational, camping, and travel use and including, but not limited to travel trailer, truck campers, camping trailers and self-propelled motor homes.
TRAILER, UTILITYA structure on wheels, towed or hauled by another vehicle and used for carrying miscellaneous, non-permanently mounted items.
TRUCK TERMINALAny building, premises or land where two or more trucks over 1 1/2 tons gross vehicle weight are parked overnight and which may involve the loading and unloading of cargo and the maintenance and repair of said vehicles.
USEThe specific purpose, of which a lot, structure or premises is designed, arranged, intended or occupies.
USE, ACCESSORYA use which is customarily incidental and subordinate to the principal use of the lot or a building and located on the same lot therewith.
USE, CONDITIONALA use permitted in a particular zoning district only upon a showing that such use in a specific location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance, and upon the issuance of an authorization therefore by the Planning Board.
USE, MIXEDA use which combines a permitted retail or business use on the ground floor with a residential use in the same structure.
USE, NON-CONFORMINGA 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 of amendment.
USE, PERMITTEDA use allowed in a District under the terms of this chapter and not deemed to include a non- conforming use.
USE, PRINCIPALThe primary purpose for which a lot or a main building is designed or used.
USE, PROHIBITEDA use not permitted in a District under the terms of this chapter. All uses not permitted are prohibited, and the listing of certain uses as specifically prohibited reiterates the prohibition regarding those uses.
VAPE SHOPAny premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of electronic smoking devices, liquid nicotine, liquid nicotine containers or vapor product as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9(a)(2).
[Added 3-28-2023 by Ord. No. 07-23]
VARIANCEA modification of the regulations of this chapter, in accordance with the Municipal Land Use Law C.291 P.L. 1975.
VEHICLE, COMMERCIALEvery type of vehicle used for commercial purposes, such as transportation of goods, wares, merchandise and passengers excepting vehicles of the passenger car type commonly known as station wagons or mini-vans, but including trailers and construction equipment of every kind.
VEHICLE, DISABLEDA vehicle in, upon or by which a person or property may be transported, which is in such state or condition that is incapable of being operated under its own power, or is in such state of condition that, if operated would constitute a hazard.
VEHICLE, RECREATIONA vehicle not over 30 feet long, primarily designed as temporary living quarters for recreation, camping or travel use (including boats), which either is self-powered or is mounted on or towed by another vehicle which is self-powered.
WAREHOUSEA completely enclosed structure used for the temporary storage of unfinished and/or finished goods and merchandise.
YARDAn open space extending between the closest point of any building and a lot line or street line.
YARD, FRONTAn open unoccupied space on the same lot with a building, situated between the street wall of the building and the street line of the lot, extending through from one side lot line to the other side lot line, using a line which measures the shortest distance between the front comer of the building and the side lot line as the limit of the front yard.
YARD, REARAn open, unoccupied space on the same lot with a building, situated between the rear wall of the building and the rear line of the lot, extending through from one side lot line to the other side lot line, using a line which measures the shortest distance between the rear comer of the building and the side lot line as the limit of the rear yard.
YARD, SIDEAn open, unoccupied space on the same lot with a building, situated between the side wall of the building and the side line of the lot, extending to the lines which define the front and rear yards.
ZONE (DISTRICT)Any part of the territory of the Township to which certain uniform regulations and requirements of this chapter apply.
ZONING OFFICIALThe officer or other personnel authorized by the Belleville Township Council and charged with the administration and enforcement of the chapter, or his/her duly authorized representative, as appropriate.