Berkeley Heights City Zoning Code

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

A.

Words used in the present tense include the future. The singular number includes the plural, and the plural number includes the singular; the word "lot" includes the word "plot"; "structure" includes the word "building"; the word "zone" includes the word "district"; the word "occupied" includes the phrases "designed to be occupied" and "intended to be occupied"; the word "use" includes the phrases "arranged to be used," "designed to be used" and "intended to be used"; the word "shall" is always mandatory; and the word "may" indicates permissive action.

B.

Definitions. Whenever a term is used in the Municipal Land Use Procedures Ordinance which is defined in C. 291, P.L. 1975 and C. 216, P.L. 1979 and amendments and supplements, such term is intended to have the meaning set forth in the definition of such term found in said statute unless a contrary intention is clearly expressed from the content of this Ordinance.

Accepted Street: A street which has been dedicated to and accepted by the municipality.

Accessory Use of Building or Structure: A subordinate use, building or structure, which is customarily incidental to a principal use or building and on the same lot.

Administrative Officer: The person duly designated as the Township Engineer by and acting for the municipality, unless otherwise designated in any specific section of this Ordinance.

Affordable Housing: Low Income or Moderate Income Housing in accordance with the provisions of Part 18 of this Ordinance and intended to satisfy the Township's Fair Share obligation.

Alteration: As applied to a building or a structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extension of a side or by increasing in height or by moves from one (1) location or position to another.

Applicant: One (1) who applies for development approval, or any other person who seeks to engage in the movement of soil.

Approved Plan: A plan which has been approved by the applicable boards.

Architectural Height Extension: An increase in maximum building height above that permitted by the Schedule of General Regulations designed to improve the architectural appearance of a building, provide for visual focal points, or provide for additional area needed to satisfy density criteria and in accordance with the provisions of Part 7 of this Ordinance.

Area, Building: The maximum horizontal cross-section of the principal building and all accessory buildings exclusive of uncovered porches, terraces, and steps.

Articulated Base Course: Horizontal design elements such as kickplates or sill plates to define and articulate the base of a building.

Automotive Repair Facility: a facility primarily used for repairs, maintenance, customizing, painting or reconstruction of automobiles, trucks, and motorcycles.

Average Daily Trips (also A.D.T.): The average number of vehicles per day that arrive at and/or leave from a given site.

Awning: An architectural projection attached to and wholly supported by a building that shields a doorway or window. An awning may be comprised of a rigid or retractable skeleton structure over which a cover of fabric, metal, or other material is attached.

Axonometric Projection: A drawing projection by lines perpendicular to the drawing surface in which a rectangular solid appears as inclined and shows three (3) faces.

Board: The Planning Board of Berkeley Heights or the Zoning Board of Adjustment of Berkeley Heights as they are indicated by the context of the Article or Section.

Buffer: An area consisting of trees, shrubs, solid fencing, earth berms or a combination of all, so installed as to provide both visual and acoustical barrier between properties.

Building: A structure with a combination of materials to form a construction and having a roof.

Building Coverage: That percentage of the lot covered by the building area.

Building Footprint: The horizontal area contained within the outer dimensions of the foundation walls of a building or roof overhangs including projecting second stories.

Building Height: The vertical dimension measured from the average elevation of the finished lot grade to the highest point of roof line of the top story in the case of a flat roof; to the deck line of a mansard roof, and to the average height between the plate and ridge of a gable, hip, or gambrel roof, excluding head houses, elevator shafts, elevator tanks, chimneys, dish antennae and the like.

Building Line - Front: Where the street line is straight, a line parallel to the street line which passes through the point of the building structure nearest to the street line. Where the street line is curved, the building line shall pass through the point of the building or structure which is nearest to the street line and shall be curved such that the minimum distance from the building line to the street line is maintained across the entire property. Where the building has the minimum setback, the building line will be the same as the setback line. Where the lot fronts on more than one (1) street, front building lines shall be defined independently for each street.

Building Line - Rear: A line defined in the same manner as the front building line except that it shall pass through the point of the building or structure which is farthest from the street line.

Caliper: The diameter of a tree measured in inches, six (6) inches above the ground line for trees up to four (4) inches in diameter; if of a larger diameter the measurement is made twelve (12) inches above the ground line. To be used to measure nursery stock. See also D.B.H.

Canopy: A structure supported wholly or partially by a ground mounted frame, uprights or bracketing extending from the face of a building.

Car Wash: An establishment only engaged in automatic cleaning, washing, and polishing motor vehicles within a structure except that this shall not be deemed to preclude a retail store selling incidental items related to such purposes.

Carport: Structure which is temporarily affixed or not affixed to real property without a permanent foundation, which is enclosed on a maximum of three (3) sides and which is made of metal, wood, fabric, or other material on a frame for the purpose of protecting its contents or any items contained therein from the elements.

Cartway: The hard or paved portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width.

Certificate of Occupancy: Permit signed by the Construction Official which is required by ordinance as a condition precedent to the commencement of occupancy of a building, structure, or site.

Change of Use: An alteration in the nature of the use conducted in a building or on a site whether or not such change requires any approvals or review under this Ordinance.

Clerk: The person duly elected Township Clerk acting for the municipality.

Color Standards: Preferable color selections to be used for all exterior portions of buildings in the DD, HB-2, HB-3, DH-12, DH-18, and DH-24 Districts. See also Downtown Color List.

Compliance Plan: The Affordable Housing Compliance Plan submitted by the Township in the matter entitled Deland and Scarpa v. Township of Berkeley Heights, Docket No. L-73036-87.

Comprehensive Medical Care Facility: An integrated health care facility of one (1) or more buildings in which are housed activities as described herein involving doctors and other health care professionals. The facility may include medical and administrative offices, laboratories, treatment rooms and similar uses and activities intended to provide various medical services including medical examination and testing, radiology, ambulatory surgery, urgent care, dialysis, rehabilitation, therapy, health screening and education, pain management, health and fitness centers and similar services, together with customarily incidental accessory uses. The facility shall not include any provisions for regular overnight stays, long term residential or rehabilitative in-patient care, or similar activities.

Construction Official: The person duly appointed by the Township Mayor and Council to enforce and administer certain regulations as set forth in this Ordinance and in the Uniform Construction Code, N.J.A.C. 5:23.

Cornice: A decorative horizontal design element used to define and terminate the top of a building.

Council on Affordable Housing (also COAH): The legislatively established entity charged with the promulgation of affordable housing rules and regulations.

D.B.H.: The diameter of an existing tree trunk measured at breast height (three (3) feet six (6) inches above ground level). See also Caliper.

Day Care Facility: A facility for those requiring or needing daytime care and meeting all state requirements.

Deck: An unenclosed structure, uncovered porch, or stoop, of wood or other structural material, set on wood, masonry or other columns or piers with a slatted floor with a maximum of ¼-inch separations, the platform of which shall be attached to and extend from a residence. (This definition shall also be applicable to "Decks" as per Section 3.1.8 and in conjunction with "Swimming and Wading Pools" as per Section 3.1.7.)

Density: The permitted number of dwelling units per gross area of land to be developed.

Design Vocabulary: The streetscape, pavement materials, parking, street lighting, sidewalks, building materials, colors, and landscaping as set forth in Part 19 of this Ordinance.

Developer's Agreement: A written agreement executed by the Township and one (1) or more Developers setting forth the respective obligations of the Township and the Developer(s) under the terms of, and in connection with the Compliance Plan.

Direct/Reflected Light: Light emanating from any lighting fixture or other lighting source which falls directly upon adjacent properties or after reflection from any structure upon the lot containing the fixture or source falls upon adjacent properties provided that such light exceeds 0.1 foot candles at the property line.

Dish Antenna: Any apparatus or device, by whatever name known and any connected support structure, designed for the purpose of receiving microwave, television, radio, or other electromagnetic signals from any source, but does not include conventional television, radio, or amateur radio antennae.

Downtown Districts: The DD, Downtown Development District, DH-18, DH-12, and DH-24, Downtown Housing Districts, and the HB-2 and HB-3, Housing Business Districts.

Drainage Right-of-Way: The land required for the installation and maintenance of storm sewers or drainage ditches, or the land required along a natural stream or water course for preserving a channel of adequate width, as determined by the Engineer, and providing for the flow of water therein, to safeguard the public against flood damage in accordance with Title 58 of the Revised Statutes of New Jersey.

Drive-Through Facility: A commercial facility which provides a service directly to a motor vehicle or where the customer drives a motor vehicle onto the premise and to a window or mechanical device through or by which the customer is serviced without exiting the vehicle.

Duplex: A building consisting of two (2) separate dwelling units with a closed vertical partition between the units with independent means of ingress and egress for each unit and with separate utility service.

Dwelling Unit: One (1) or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with kitchen, bathroom, and sleeping facilities provided within the dwelling unit for the exclusive use of one (1) housekeeping unit.

Egress and Ingress: Egress is the provision of facilities for either pedestrians or vehicles for leaving a particular lot or land. Ingress is the provision of facilities for either pedestrians or vehicles for entering a particular lot or land.

Engineer: The person duly designated as the "Township Engineer" by and acting for the municipality.

Excavator: Any person who shall move or remove soil as said term is hereinafter defined.

Facade: The total wall surface, including door and window areas, of a building's face. Each wall surface shall be considered a separate facade.

Fair Share Obligation: The number of affordable housing units for which the Township is required to provide reasonable opportunity within its zoning ordinance as such number may be established by COAH or other appropriate State Agency or by the Superior Court of New Jersey.

Family: A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability. A family shall not include any society, club, fraternity, sorority, association, lodge, federation, or like organization, or any group of individuals who are in a group living arrangement as a result of criminal offenses, or within community residences, shelters, and adult family care homes as defined at N.J.S.A. 40:55D-66.2.

Fenestration: The pattern of window and door openings in a building facade.

Fitness Center: Any facility engaged in the sale of instruction, training, or assistance in a program of physical exercise, which may include, but not be limited to, the use of a weight lifting room, aerobic exercises, and classes, running and jogging, instructional programs, weight control programs, game courts, indoor and outdoor swimming pools, saunas, steam rooms, whirlpool baths, massages, spas, showers, lockers, or any other exercising. The permitted Accessory Uses for Fitness Centers shall be as follows: (a) indoor and outdoor playgrounds; (b) indoor and outdoor sale of food and beverages; (c) retail sale of health and fitness related items; (d) salons; (e) child activity centers; (f) nutritional centers; (g) pro shops; (h) membership sale offices and preview centers, and (i) all other customary and incidental uses of a fitness center.

Frontage: The distance along the property line parallel and adjacent to the right-of-way line.

Fuel Service Station: A facility used primarily for the dispensing of motor vehicle fuels and/or electric vehicle charging, which may include accessory retail sales.

Garage: A building (detached garage) or part of a building (attached garage) which provides for the storage of motor vehicles, excluding carports.

Governing Body: The Township Mayor and Council of Berkeley Heights.

Gross Floor Area (Also Abbreviated "GFA"): The total floor area of the building in square feet considering the outside perimeter walls of the building at each and every floor level and including each floor grade if the ceiling is higher than six (6) feet. There shall be no deduction for hall areas, staircases, elevator areas, stairwells, closets, storage areas or other similar areas except that the following areas shall not be included in the calculations: (i) basement areas used only for storage or utilities; and (ii) areas in excess of one hundred (100) square feet at any floor level which are without a floor and which form part of a common open space or atrium within a building.

Ground Floor: The first floor of a building other than a cellar or basement, and is generally at the same elevation as the street line.

Home Occupation: Any activity carried out for monetary gain by a resident, including but not limited to therapists, physicians, dentists, musicians, lawyers and artists, incidental to and carried out by the person residing on the premises. Such occupation may be pursued in the principal building or in an ancillary building that is accessory to such principal structure. The retail sales of goods or services in structures designed or altered to make such activities the primary use of the site shall not be construed hereunder to be a home occupation.

Hotel: A building containing units, each having its only access from an interior corridor, designed and intended to be used as overnight sleeping accommodations for transient guests, which building has a public lobby and full-time management serving the guests and which may contain accessory uses, including, but not limited to, restaurants, sundry shops, convenience shops, or other similar shops, boutiques, spas, salons, post office services, recreational facilities, fitness centers, meeting rooms, indoor and outdoor swimming pools, and convention facilities or any other similar accessory uses.

Housing Fund: The Fund established by the Township by ordinance as the depository for monies received by the Township from Developer's Agreements forming a part of the Compliance Plan or pursuant to other provisions of this Ordinance. Such monies shall be used by the Township to satisfy its affordable housing obligations under the Compliance Plan, to provide for satisfaction of future affordable housing obligations, and to provide, in whole or in part, for roads, utilities, traffic improvements, property acquisition, recreational facilities or open space, structural improvements or renovations, the provision of fire or safety apparatus, or capital improvements required by or considered necessary or beneficial in connection with the housing to be constructed in accordance with the Compliance Plan or future affordable housing obligations of the Township.

Housing Region: The geographical area defined by COAH for purposes of calculating the Township's Fair Share Obligation.

Impervious Coverage: All buildings, roads and driveways, walkways, paved parking spaces and lots, swimming pools, hot tubs, whirlpools and other bodies of collected water, tennis courts, patios and any other structure or on-site material, surface covering, or ground condition that do not permit the natural soil absorption and permeation of water shall be considered impervious surfaces and included in the computation or impervious coverage, except that the ornamental coverage of a lot with stones or similar materials or in-ground landscaping, sod or grass shall not be considered part of the impervious coverage. For the purpose of this definition, impervious coverage shall include any and all kind of pavers, including permeable or pervious pavers.

Inclusionary Development: A project of residential uses which include the construction of a number of affordable housing units in accordance with Part 18 of this Ordinance.

Isometric Drawing: A drawing where all three (3) faces are equally inclined to the drawing surface so that all the edges are equally foreshortened.

Land: Any parcel of land or portion thereof, the boundary lines of which can be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of Berkeley Heights Township or the office of the Union County Planning Board.

Landscape: The improvement and ornamentation of a site with gardening, trees, shrubs, and landscape architecture.

Landscape Areas: Areas containing trees, shrubs, and ground cover, ponds, streams and/or any other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading, unloading, or access thereto, required buffers or areas utilized for outside storage.

Lintel: A horizontal decorative articulation and structural member placed over a window or door opening.

Loading Berth: An off-street space or berth on the same lot with the building, interior to the building or landscaped or screened as per the Ordinance, used for the temporary parking of a commercial vehicle while loading or unloading with a minimum of fourteen (14) feet of vertical clearance.

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

Lot, Corner: A lot having two (2) or more street lines which intersect.

Lot, Through: A lot having two (2) street lines which do not intersect.

Lot Area: An area of land which is determined by the limits of the lot lines bounding that area. Any portion of a lot included in a street right-of-way, school way or public walkway, shall not be included in calculating lot areas for the purpose of meeting minimum lot dimension requirements.

Lot Depth: A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lines.

Lot Line: A line of record dividing one (1) lot or parcel of land from another as shown on a certified filed map or as defined by a filed deed or both.

Lot Line - Rear: A lot line which is neither a street line nor a side lot line.

Lot Line - Side: A lot line which intersects a street line.

Lot Width: The straight line distance between the points of intersection between the front setback line and the lot lines. In the case of a through lot, the lot width shall be determined at the front setback line associated with the principal street line. In the case of a corner lot, the minimum of the lot widths, calculated independently for each street line, shall be deemed the lot width.

Low Income Housing: Housing which is affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to fifty (50) percent or less of the median gross household income for households of the same size within the housing region in which the Township is located and which is subject to affordability controls.

Luminance: A measurement of the brightness of illumination, including illumination emitted by an electronic sign, measured in candles per square foot (cd/ft ² ).

Manufacturing: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials.

Material Standards: Required types of external materials for walls, roof, door and window trim, cornices and soffits, shutters, awnings, and gutters in accordance with Part 19 of this Ordinance.

Median Income: The Federal Department of Housing and Urban Development uncapped median income by family size for Union County using the most recent calculations of the United States Department of Housing and Urban Development for each appropriate household.

Minor Subdivision: A subdivision of land for the creation of not more than three (3) lots; provided that such subdivision does not involve (1) a planned development, (2) any new street or (3) the extension of any off tract improvement the cost of which is to be prorated pursuant to Section 30, c. 291, P.L. 1975, (N.J.S.A. 40:55D-42).

Mixed Use Structure: A building which combines housing with one (1) or more of the following in accordance with this Ordinance: retail, personal services, or offices.

Moderate Income Housing: Housing which is affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income more than fifty (50) percent but less than eighty (80) percent of the median gross household income for households of the same size within the housing region in which the Township is located and which is subject to affordability controls.

Motor Vehicle Service Station: Any establishment servicing motor vehicles with fuel, oil, lubrication services, lubricants, and other vehicle maintenance supplies, parts and equipment not requiring extensive or prolonged mechanical work for installation.

Move: To dig; to excavate; to remove; to deposit; to place; to fill; to grade, regrade, level, or otherwise alter or change the location or contour; to transport; or to supply.

Multifamily Dwelling Unit: One (1) or more rooms with private bath and kitchen facilities, constituting an independent self-contained dwelling unit in a building containing three (3) or more dwelling units.

Multifamily Residence: A building containing three (3) or more dwelling units.

Municipality: The Township of Berkeley Heights in the County of Union and State of New Jersey.

Non-Conforming Lot: A lot for which the area, dimension or location 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.

Non-Conforming Structure: A structure for which the size, dimension or location 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 reasons of such adoption, revision, or amendment.

Non-Conforming 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 reasons of such adoption, revision, or amendment.

Nursery School: A school designed to provide daytime care or instruction for five (5) or more children from two (2) to six (6) years of age inclusive, and operated on a regular basis, and licensed by the N. J. Department of Education.

Open Porch: A covered area attached to an entrance to a dwelling, not enclosed by walls, glass, screens or otherwise except for columns and/or railings which are no less than fifty (50) percent open.

Opening: Removing, digging in, disturbing, excavating, or taking up any surface, pavement, or soil of any street or right-of-way area.

Outdoor Cafe: An establishment at which food is sold primarily for consumption on the premises, with accommodations for patrons seated and served by waiters or waitresses at tables located outdoors, which may be under a colonnade, canopy, or umbrella.

Overnight Parking: A truck, trailer, or other business or commercial vehicle shall be considered to be parked on private property overnight if it remains on such property for a continuous period in excess of one (1) hour between the hours of 2:00 a.m. and 5:00 a.m. prevailing time whether or not it is moved within the boundaries of such property during such time period.

Owner: Any person seized in fee simple of any lot or having such other interest or estate therein as will permit, exercise, or effect possession thereof or dominion thereover.

Parking Deck: A structure which has as its purpose the multi-story parking of automobiles or other vehicles.

Parking Space: An area specifically intended to be used for the parking of a motor vehicle provided on a particular lot (on-site parking), in a shared parking structure off-site (shared parking) or an adjacent municipal right-of-way (street parking). (See Part 11)

Pediments: Triangular or arch decorative articulation over window and door openings.

Permit: A written authorization issued by the appropriate governmental authority.

Permit, Zoning: A permit signed by the appropriate administrative officer which (1) is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building and (2) acknowledges that such use, structure, or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to this Ordinance.

Permitted Accessory Use: A use which is incidental and allowable in regard to the principal use on the same lot.

Permitted Principal Use: The main use to which the property is put as allowed by this Ordinance.

Person: Any individual, firm, association, partnership, or corporation or any group of two (1) or more of them.

Personal and Professional Service Establishments: An establishment providing services related to personal financial, technical, and other daily needs to individual consumers, including but not limited to salons and beauty shops, dry cleaners, tailors, shoe repair, banks, and financial service institutions, print and express ship stores, tax preparation, insurance and real estate agent offices, and private tutoring and test prep centers.

Perspective Sketch: A drawing projection by lines representing, on a plane, the spatial relationship of objects as they might appear to the eye.

Pilasters: A portion of a square column, usually set within or against a wall for the purpose of strengthening the wall or for decoration.

Planning Board: The Planning Board of the Township of Berkeley Heights.

Planting Strip: The area between the cartway and the sidewalk within the right-of-way usually planted with grass and within which street trees may be located.

Plat - Conceptual: A plan, map or chart indicating a proposed layout of a proposed subdivision which is submitted to the Planning Board for review and discussion.

Plat - Final: The plan, map or chart of a subdivision which is given final approval by the Planning Board.

Plat - Preliminary: A plan, map or chart indicating the proposed layout of the subdivision which is to be submitted to the Clerk for consideration by the Planning Board.

Portico: A covered entryway attached to a building, usually open on three (3) sides and supported by posts or columns.

Principal Building: A building in which the principal use or uses are conducted. Buildings connected by structures whose main purpose is passage shall not be considered a single principal building but shall be considered separate principal buildings.

Projection: An extension of a building which protrudes or juts out from the vertical plane of the building.

Public and quasi-public events: Any event open to the public that is organized and operated by a government entity or an association of government entities, or by a charitable, educational, civic, religious, political, historical, professional, or private institution, organization, campaign, or movement or a group of such institutions, organizations, campaigns, or movements.

Public Open Space: An open space area conveyed or otherwise dedicated to a municipality or municipal agency, Board of Education, state or county agency or other public body for recreational or conservational uses.

Rational Method: A method accepted by the engineering profession in determining surface water hydrology which requires the delineation of watershed area run-off coefficients and rainfall intensity based on time of concentration.

Recreational Facility: A structure, building or use of land which provides space, equipment, or other facilities for recreation. No significant portion of the Gross Floor Area of any building in use as a recreational facility shall be used for public assembly seating unless approved in accordance with this Ordinance.

Research Laboratory: A building or structure which is devoted to invention or development of concepts and ideas including the initial construction of prototypes resulting from such use.

Restaurant: An establishment where food and drink are prepared, served, and consumed, primarily within the principal building.

Retail sales: Activity primarily involving on-premise sale of goods or services directly to the ultimate consumer.

Right-of-way: A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, a crosswalk, a railroad, electric transmission lines, an oil or gas pipeline, a water line, a sanitary storm sewer, or other similar uses.

Screening: A visual barrier made up of planted or architectural materials for the purpose of preventing the view of an object or area by the general public.

Secretary: The person duly designated as "Secretary" by and acting as such for the Planning Board or Zoning Board of Adjustment.

Senior Citizen Household: A household with at least one member fifty-five (55) years or older.

Setback: The minimum horizontal distance between the front, rear or side lot lines and closest part of the front, rear or side walls of a building or structure. The front setback to a building shall be measured from any future right-of-way line adopted in the Master Plan unless specifically provided otherwise by this Ordinance.

Setback Line: A line within the lot, having a minimum distance to the lot line equal to the minimum setback allowed by this Ordinance.

Sexually-oriented business: An establishment consisting of, including, or having the characteristics of any or all of the following:

Adult bookstore, newsstand, video store, or combination: An establishment having more than forty (40) percent of its stock-in-trade, floor area, or display area used for the sale or rental of books, magazines, publications, tapes, or films that are distinguished or characterized by the emphasis on sexually oriented material depicting, describing, or relating to sexual activities or anatomical genital areas.

Sex shop: Any establishment offering, for sale or rent, items from any two (2) of the following categories: sexually oriented books, magazines, and videos; leather goods marketed or presented in a context to suggest their use for sexual activities; sexually oriented toys and novelties; or video viewing booths; or an establishment that advertises or holds itself out in any forum as a sexually oriented business.

Video viewing booths: Often referred to as peep shows and characterized by small private booths rented to individuals to view sexually explicit films or tapes.

Adult motion picture theater: A building used for presenting films distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

Adult cabaret: An establishment, either with or without a liquor license, offering sexually oriented live entertainment, which may include topless and go-go dancers, strippers, or male or female impersonators.

Shoulder: That area within the street right-of-way adjacent to the existing pavement and available for use by vehicular traffic.

Sidewalk: Paved path adjacent to a public street for use by pedestrians.

Sign: Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.

Site: Any plot, parcel, or parcels of land.

Smoke Shop: any premises dedicated as a principal business to the display, sale, distribution, delivery or marketing of tobacco products or tobacco paraphernalia.

Soil: Any earth, sand, clay, loam, gravel, humus, rock, or dirt without regard to the presence or absence therein of organic matter.

Soil Erosion and Sediment Control Plan: The plan indicating temporary or permanent measures to be taken to prevent erosion and/or sediment damage submitted by the applicant in an application for development.

Soil Permit: A permit for the addition, removal, or movement of soil located on any lot within the Township of Berkeley Heights.

Spatial Enclosure: An area that has a specific identity and a sense that there are specific area boundaries.

Standard Details and Design Criteria: Detailed construction standards and acceptable methods of engineering analysis and design criteria which have been adopted by the Planning Board by resolution of the Board at a public meeting.

Story: A story is that part of a building between the surface of any floor and the surface of the floor next above it, or, in its absence, then the finished ceiling or roof above it, including those basements used for the principal use. A "split-level" story shall be considered a second story if its floor level is six (6) feet or more above the level of the line of the finished floor next below it except a basement. Any floor under a sloping roof at the top of a building which is more than two (2) feet below the top plate shall be counted as a story, and if less than two (2) feet below the top plate, it shall be counted as a half story, provided not more than sixty (60) percent of the floor area is used for rooms, baths, or toilets; otherwise, it shall be counted as that fraction of a "story" which its floor area in rooms, baths or toilets bears the entire floor area.

Story, Half. The space under a sloping roof in which the possible floor area with head room of five (5) feet or less occupies at least forty (40) percent of the total floor area of the story directly beneath. (See Figure A — Half Story.)

FIGURE A — HALF STORY ^[2]

Storm Water Management Plan: The plan for control of storm water submitted by the applicant in an application for development.

Street - Arterial: A heavy traffic street providing through traffic movements and designated as such in the Master Plan of the Township of Berkeley Heights.

Street - Collector: A through street providing for traffic movement between an arterial street and other streets and may include the principal entrance street of a residential development and streets used for circulation within a development.

Street - Dead End: A minor street used primarily for one (1) access to abutting properties with only one (1) outlet.

Street - Industrial: A street providing for direct access to, and for local traffic movements in, the LI or DMX Zones.

Street - Minor: A street primarily providing direct access to abutting land and for local traffic movement.

Street Furniture: Benches, trash receptacles, planters, street signs, and other similar items placed on site or within the public right-of-way.

Street Line: That line which determines the limit of the highway rights of the public. Street line and right-of-way boundary are synonymous.

Street Line, Principal: For a through lot, one (1) of the two (2) street lines may be designated as the principal street line if the house "faces" that street.

Street Line, Secondary: The street line on the opposite side of the lot from the principal street line.

Street Proportion: The ratio established between the width of the street right-of-way and the height of the building facades along the street.

Streetscape: The area between the cartway and the buildings, and including, but not limited to, the building facade, decorative lamp posts, sidewalks, street trees and privacy edge hedge/fencing.

Structure: Anything built, constructed, or erected with a fixed location on or below the ground or attached to something having a fixed location on the ground, including but not limited to buildings, towers, fences, signs, and above-ground tanks.

Surface Water: Water, from whatever source, which does not penetrate the surface but puddles on such surfaces or flows across it.

Surface Water Runoff: Surface water which flows off the property.

Topsoil: Soil that, in its natural state, constitutes the top layer of earth and is composed of two (2) percent or more, by weight, of organic matter and has the ability to support vegetation.

Townhouse: A single-family dwelling unit in an attached row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more vertical common fire-resistant walls.

Use: The purpose for which land or a building is designed, arranged, intended or for which it is, or may be occupied or maintained.

Use - Principal: Any significant use of a building, structure, or land.

Use - Public: Any use of a building, structure, or land for municipal, county, state, or federal governmental purposes.

Use - Residential: The use of a building, structure, or land as a dwelling unit.

Utility and Service Right-of-Way: The land required for the installation and maintenance of sanitary and storm sewers, water lines, power lines, and other similar utilities and services.

Vape Shop: any premises dedicated as a principal business to display, sale, distribution, delivery or marketing of electronic smoking devices, liquid nicotine containers or vapor products.

Visual Termination: The view that one (1) sees walking or driving down a street or along a major axis or viewshed; it should terminate on a landmark or other distinctive building element such as a clock tower.

Warehouse: A facility used for the storage and distribution of goods, merchandise, and materials, such as wholesale and retail distribution centers, cold storage, and e-commerce fulfillment facilities.

Wholesale establishment: A facility engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers buying merchandise for, or selling merchandise to, such individuals or companies, and not to the public.

Yard - Front: The lot area bounded by the front building line and the corresponding street line. Where the lot fronts on more than one (1) street, the front yard shall be the aggregate of the front yards defined independently for each street. For a through lot having the driveway exiting onto the principal street, the definition of the front yard associated with the secondary street shall use the setback line in lieu of the front building line.

Yard - Rear: The lot area which is neither front yard nor side yard.

Yard - Side: The lot area which is not front yard and is between a front building line and a rear building line.

Zoning Officer: The duly appointed person by the Township Mayor and Council to enforce and administer the zoning regulations of this Ordinance.

(Ord. No. 08-07, § 1(h), 3-27-2007; Ord. No. 15-08, § 6, 8-12-2008; Ord. No. 10-2010, § 1, 8-10-2010; Ord. No. 24-2017, § 1, 10-10-2017; Ord. No. 2-2021, § 3, 3-2-2021; Ord. No. 16-2021, § I, 11-23-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)