A subordinate use or building, the purpose of which is customarily incidental to that of the main use or building and on the same lot.

A retail establishment which sells or distributes books, printed materials, movies, film strips, paraphernalia and related items which, by applying contemporary standards, have as a dominant theme or purpose an appeal to prurient interests.

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

Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.

A developer submitting an application for development.

A coordinated array of supportive personal and health services, available 24 hours per day, to residents who have been assessed to need these services, including residents who require formal long-term care. Assisted living promotes resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity and homelike surroundings.

Means a facility licensed by the New Jersey Department of Health and Senior Services pursuant to N.J.A.C. 8:36 which is designed and operated to provide apartment-style housing and congregate dining while assuring that a coordinated array of supportive personal and health services are available, as needed, to four or more adult persons unrelated to the proprietor. Each unit in an assisted living facility shall offer, at minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. For purposes of the Berlin Township Code, assisted living facility shall include assisted living residences and assisted living programs as defined at N.J.A.C. 8:36-1.3.

A facility which is licensed by the Department of Health, in accordance with N.J.A.C. 8:36, to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed, to four or more adult persons unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.

That zone as prescribed by the Planning Board of the Township of Berlin which shall separate a residential district from a commercial or industrial district by the planting of trees or shrubbery to such a height and density so as to restrict a clear view beyond said area.

A structure designed, built or occupied as a sheltered or roofed enclosure for persons, animals or property, including tents, lunch wagons, dining cars, camp cars, trailers and other roofed structures.

The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof, to the deckline of the mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.

The Building Inspector of the Township of Berlin.

A line formed by the intersection of a horizontal plane at the average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.

An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.

Means a development regulated in accordance with the rules of the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:19 which provides a continuum of accommodations and care, from independent living to assisted living to long-term bed care in a nursing facility, at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year.

Calendar days.

The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, renovation or enlargement of any building or other structure or of any mining, excavation or landfill, and any use or change in the use of any building or other structure or land or extension of the use of the land.

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

Two dwelling units, each on separate lots and sharing a common wall.

A building designed or used as the living quarters for one or more families.

A detached house designed for and occupied exclusively as the residence of a single family living as an independent housekeeping unit.

A dwelling or group of dwellings on one plot containing separate living units for two or more families, but which may have joint services or facilities for both.

One or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for the same and including a room or rooms for living, sleeping and eating.

A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).

One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a stable and permanent living unit, being a traditional family unit or the functional equivalent thereof.

Any tangible barrier or obstruction of any material, living or inert, with the purpose or intent of having the effect of preventing passage or view across the line of the fence.

A building of no more than three stories containing at least three dwelling units in which one dwelling unit may be located over another unit. Access to such units via a common entrance and utilities may be shared.

The Mayor and members of the Township Council of the Township of Berlin.

Means the manufacture, production, or handling of products from extracted or raw materials or the manufacture, assembly, fabrication, packaging or other processing of such products or an outdoor use engaged in the manufacture, assembly, fabrication, packaging or other processing of finished or partially finished parts or products from previously prepared materials. This term shall include, but shall not be limited to, the above activities involving the following: chemicals, stonework or concrete product manufacturing, crude oil or similar petroleum products and tanning.

A multifamily dwelling having not less than six stories above the average evaluation of the finished lot grade at the front of the building.

Any accessory use of a service character conducted entirely within a dwelling, provided that the floor area devoted to the occupation does not exceed 150 square feet, does not require any vehicles, materials or equipment stored on the outside of the premises, employees do not visit or are employed at the premises, no article is sold or offered for sale except as may be produced by only members of the immediate family residing on the premises and which use is clearly incidental to the use of the dwelling for residential purposes and does not change the character thereof, and which shall in no manner have any adverse effect on the expected enjoyment of property rights of others within the zone designation in which it is located. In order to obtain approval for a home occupation an application for a minor site plan shall be submitted to the Board for approval.

The use of a portion of a single-family detached residential dwelling which is used as an office area by only members of the household residing on the premises, and subject to the following:

A facility offering transient lodging accommodations to the general public on a short term or temporary basis, containing rooms intended or designated to be used, rented or hired out and occupied for sleeping purposes by guests and which may include additional services such as restaurants, meeting rooms and recreational facilities.

Means an age-restricted multiunit residential facility for residents over the age of 55 that provides room, board, and other amenities for a monthly fee (or a la carte) but does not include personal care or medical care.

Any worn out, castoff or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning can be used from its original purpose as readily as when new, shall not be considered junk.

Any place of business conducted or maintained for the purpose of buying, selling and storing, or any of them, old junk, ropes, iron, brass, copper, tin, lead, rubber in various forms, old papers, bottles or any other material or materials, old unregistered automobiles or trucks or other motor or mobile vehicles and other abandoned and unusable vehicles and such other miscellaneous assortments of articles and materials which are commonly classified and designated as junk.

Any place where any of the articles or items, or a combination thereof, referred to under the definition of "junk shop" are stored, kept or maintained, whether for sale or not, and shall be in a lot, place, building, structure or yard, whether improved or unimproved, where such articles or any of them are permitted to accumulate.

A premises or establishment wherein or whereon more than three dogs and/or cats are owned or the business of boarding or selling dogs and/or cats or breeding dogs and/or cats for sale is carried on, except for a pet shop.

Includes improvement and fixtures on, above or below the surface.

Means any production, processing, assembly or fabrication of goods, materials or products, including any incidental cleaning, servicing, testing, repair or storage of those same goods, materials or products, but not including the storage of flammable or combustible materials as a principal use. Light industry takes place entirely within an enclosed building and results in the production of goods or the provision of services targeted to be sold to the end consumer. Operations that are harmful, hazardous or noxious are not included as light industrial uses.

An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

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.

An area of land which is determined by the limits of the lot line bounding the area and is always expressed in terms of square feet.

A parcel of land at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 150°.

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

The mean horizontal distance between the side lot lines, measured at right angles to its depth. In no case shall the lot width be less than the frontage as required by this chapter. Frontage shall be measured at the most forward allowable building line or setback line. The width at the front property line shall be at least 2/3 of the required width of the setback line.

Means a facility that offers services similar to those offered at an assisted living facility, but specialized to care for older adults living with Alzheimer's disease or other forms of dementia.

Any car, truck, trailer, or other vehicle for transporting persons or things, which requires licensing, tags, or registration with the New Jersey Department of Motor Vehicles.

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

A structure, the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, 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.

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

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

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.

Any space utilized for the parking of motor vehicles, including both the parking spaces and the driveways, aisles, turnaround, loading areas and open space used to provide access to parking spaces or to control traffic within a parking lot except the access drive connecting a parking lot and a public right-of-way and within which no parking maneuver could occur.

An off-street space available for the parking of a motor vehicle and which in this chapter is held to be 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

One freestanding dwelling unit on a separate lot with open space on three sides.

The Planning Board of the Township of Berlin.

A building or buildings in which is conducted the main or principal use of the lot on which said building is situated.

The office of a member of a recognized profession, as hereinafter indicated, when conducted on a residential property, which shall be conducted by a member or members of the residential family entirely within a residential building and shall include only the offices of doctors, ministers, architects, professional engineers, lawyers and such similar professional occupations which may be so designated by the Board of Adjustment upon finding by such Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice of such occupation, and shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein. The issuance of a state or local license for a regulation of any gainful occupation need not be deemed indicative of professional standing.

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

A business district consisting of an integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and theaters or auditoriums, housed in an enclosed building or buildings with party walls of eight inches of concrete block between each business use and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space and utility and sanitary facilities.

One freestanding dwelling unit on a separate lot with open space (setbacks) on all sides.

Means an extended or intermediate care facility licensed by the State of New Jersey to provide full-time health care under medical supervision to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves and do not require the degree of care and treatment which a hospital provides. Skilled nursing facilities may include long-term care and short-term subacute rehabilitation care.

Means an exterior structure designed to protect inhabitants of residential or other sensitive land use areas from noise pollution. Sound barriers are intended as an effective method of mitigating roadway, truck, and light industrial noise sources. Sound barriers are also referred to as "sound wall," "noise barrier," and "acoustical barrier."

Standards adopted by ordinance pursuant to Subsection 52d[1] regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or required by applicable federal or state laws or municipal ordinances.

That part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A split level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it, except a basement. Any floor under a sloping roof at the top of a building, which is more than two feet below the top place, shall be counted as a half story, provided that not more than 60% of the floor area is used for rooms, baths or toilets; otherwise, it shall be counted as the fraction of a story, which its floor area, rooms, baths or toilets bear to the entire floor area.

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way, which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by this act, or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

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

One dwelling unit in a line of at least three dwelling units, in which each unit has its own front and rear access, no unit is located over another unit, each unit is separated from others by a fire wall and each unit has its own independent utilities.

Any place, area, lot or tract of land which is so designed or intended for placing or locating thereon a trailer, trailer coach or other camp car, one or more, as above defined, other than a garage or similar enclosed-type of building in which such vehicles may be placed.

Any unit which is, or may be, used for living, sleeping or business purposes by one or more persons and that is equipped with wheels or similar devices used for the purpose of transporting said unit from place to place, whether it be self-propelled or otherwise. Whenever the word "trailer" is used herein, it shall mean and include "trailer coach" and "camp car"; except, however, that a trailer used as a temporary office for administration purposes in connection with the doing of construction work in the Township of Berlin and which has no sanitary facilities attendant thereto is not within the meaning of this definition.

Means a building, structure, or land area primarily devoted to renting, leasing, storage, or dispatch of trucks and or tractor trailers.

A structure having space above the first floor designed for and completed clearance of not less than seven feet as living quarters with a height of seven feet over an area equal to 100% of the first floor area, excluding the garage.

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

Means a building that is primarily devoted to the storage of goods or materials and may also include office and maintenance areas.

Means a building that is primarily devoted to the receipt, storage, and distribution of bulk quantities of goods, products, cargo, and materials including trans-shipment or cross-docking.

Means a building that is primarily devoted to the receipt of bulk quantities of goods and products and the storage, separation, and distribution of the products to individual end users. Often e-commerce facilities.

Means an establishment primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial or professional business users and other wholesalers; or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies.

An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.