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Bound Brook City Zoning Code

21-2 DEFINITIONS

[Ord. No. 04-12 § 21-2; Ord. No. 2008-05 §§ 3, 4]
As used in this chapter:
ACCESSORY BUILDING
A building or structure on the same lot with and subordinate to a principal building, occupied or devoted exclusively to an accessory use. Where an accessory building is attached to a principal building by a breezeway, roof, wall or the like, such accessory building shall be considered part of the principal building. The maximum height of the structure shall be 1 1/2 stories or 18 feet, whichever is less, and it shall not be larger than the principal structure. For purposes of this chapter, an outdoor storage/cargo container, as defined in this chapter of the Borough Municipal Code, shall not be considered an accessory structure.
[Amended 11-14-2017 by Ord. No. 2017-31]
ACCESSORY USE
A use naturally and normally incident and subordinate to the principal and primary use upon any premises.
ADMINISTRATIVE OFFICER
The Zoning Officer unless a different Borough official is designated by this chapter or statute.
ALTERATION OF BUILDING OR STRUCTURE
Any change in the supporting members of a building, such as bearing walls, columns, facade, beams, girders, interior partitions, as well as any change in doors, windows, signage, or any addition to or diminution of a building.
APARTMENT
A building or group of buildings situated on one lot and containing separate dwelling units for no less than six families.
APARTMENT UNIT
An apartment unit located within an apartment and is comprised of a private bath, kitchen facilities, and a bedroom.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use or zoning variance.
ASSISTED CARE FACILITY
A facility which is licensed by the Department of Health of the State of New Jersey to provide apartment-style house and congregate dining and to assure that assisted living services are available when needed, for four or more adult persons unrelated to the proprietor. Units offered at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. The minimum age for persons in this facility is 62 years of age or older and for married couples with at least one spouse being 62 years of age or older.
ATTIC
The open, non-habitable space between the ceiling beams of the top habitable story and the roof rafters in any building.
AUTOMOBILE SALES
The use of any building, land area or other premises for the display and sale or hire of new or used automobiles, motorcycles, trucks, or recreation vehicles, automotive or parts.
AWNING
A roof-like covering of canvas, aluminum or other material attached to a frame supported entirely from a building or other structure.
BASEMENT
Having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground. A "basement" shall be counted as a story if used for business or dwelling purposes.
BLANK WALL WRAP
Architectural fabric displaying artwork or commercial signage that constitutes a temporary or permanent cover for exterior building walls with no fenestration.
[Added 12-18-2018 by Ord. No. 2018-30[1]]
BOARDING HOUSE
Any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single-room occupancy, exclusive of any such unit occupied by the owner or operator and wherein personal or financial services are provided to residence, including any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guest house wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only, any foster home, any community residence for the developmentally disabled, any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students, any building arranged for single-room occupancy, wherein the units of the dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the Department of Higher Education, and any facility or living arrangement operated by or under contract with any State department or agency, upon the written authorization of the sub-agency.
BOAT HOUSE
A structure designed to provide secure storage for small pleasure boats, canoes and kayaks, which may be owned and/or rented by members of a boat club or by the public.
[Added 12-18-2018 by Ord. No. 2018-30]
BRANDING SIGN
A large format facade-mounted sign that is part of a branding campaign for a new building or buildings under construction or undergoing gut rehabilitation. Branding signs are temporary and shall be removed no later than one year after the building has been issued a certificate of occupancy.
[Added 12-18-2018 by Ord. No. 2018-30]
BUFFER
An area within a property, generally adjacent and parallel with the property line, either consisting of existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties. The type of buffer shall be determined by the Board based on effectiveness of the buffer. Buffers that are comprised of fencing shall be solid fencing, finished side facing outside the premises with landscaping outside the fence.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
CANNABIS
A business regulated under N.J.A.C. 17: 30 by the New Jersey Cannabis Regulatory Commission or its successor and shall include the followin :
[Added 7-13-2021 by Ord. No. 2021-017; amended 6-28-2022 by Ord. No. 2022-17]
CANNABIS BUSINESS
A business regulated under N.J.A.C. 17:30 by the New Jersey Cannabis Regulatory Commission or its successor, and shall include the following:
[Added 3-22-2022 by Ord. No. 2022-01]
a. 
Class 1: cannabis cultivator license, for facilities involved in growing and cultivating cannabis.
b. 
Class 2: cannabis manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items.
c. 
Class 3: cannabis wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees.
d. 
Class 4: cannabis distributer license, for business involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another.
e. 
Class 5: cannabis retailer license, for locations at which cannabis items and related supplies are sold to consumers..
f. 
Class 6: cannabis delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 7-13-2021 by Ord. No. 2021-017]
CANNABIS DELIVERY SERVICE
Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which, after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
[Added 7-13-2021 by Ord. No. 2021-017]
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
[Added 7-13-2021 by Ord. No. 2021-017]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
[Added 7-13-2021 by Ord. No. 2021-017]
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 7-13-2021 by Ord. No. 2021-017]
CANNABIS MICROBUSINESS
A business regulated under N.J.A.C. 17:30 by the New Jersey Cannabis Regulatory Commission or its successor, and that has no more than 10 employees, occupies no more than 2,500 square feet of gross leasable area, processes no more than 1,000 cannabis plants per month or 1,000 lbs. of dry cannabis products per month, and, for wholesaler and retailer licenses, processes no more than 1,000 lbs. of cannabis products per month.
[Added 3-22-2022 by Ord. No. 2022-01; amended 6-28-2022 by Ord. No. 2022-17]
CANNABIS RETAILER
Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
[Added 7-13-2021 by Ord. No. 2021-017]
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.
[Added 7-13-2021 by Ord. No. 2021-017]
CELLAR
A story partly above grade level, having more than 1/2 of its floor-to-ceiling height below the average level of the adjoining ground. A "cellar" shall not be used as a dwelling unit.
CHANGE OF USE
Changes of use and shall also include any change of the use of a building regardless of whether the new use is also permitted in the same zone.
CHILD CARE CENTER
Any facility which is maintained for the care, development and supervision of six or more children under the age of six, who attend the facility for less than 12 hours a day and which offers such programs as day care centers, drop-in centers, recreation-type centers sponsored and operated by a County or municipal government, centers serving mildly sick children, centers that had not been licensed by the New Jersey Department of Human Services prior to the enactment of the Child Care Center Licensing Act of 1984, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employed related centers, and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth. A Child Care Center shall not offer programs operated by a public or private day school of elementary and/or high school grade, special activity programs for children, youth camps, and/or religious classes.
COMPLETE APPLICATION
An application form completed as specified by this chapter and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application for development including, where applicable, but not limited to, a site plan or subdivision plat; provided that the municipal agency may require such additional information not specified in this chapter, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
CONCEPT PLAN
A rough sketch map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
CONDITIONAL USE
A use permitted in a particular zone 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.
CONSTRUCTION SIGN
A temporary sign of printed architectural fabric covering all or part of the facade of an existing building undergoing gut rehabilitation, or of a new building under construction, and which is removed once the building has been issued a certificate of occupancy.
[Added 12-18-2018 by Ord. No. 2018-30]
CONSUMPTION AREA
An enclosed, designated space within a Class 1 cannabis establishment, whether or not it constitutes a cannabis microbusiness, that is set aside for the purpose of on-premises consumption of cannabis products, and that meets or exceeds the Borough's standards for internal and external ventilation.
[Added 3-22-2022 by Ord. No. 2022-01]
CONTINUING CARE FACILITY
The development of a residential living unit to provide lodging and nursing, medical or other health-related services at the same location 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, including mutually-terminable contracts. Independent living units shall be provided in addition to meeting room areas, medical and other support facility areas, such as recreation facilities, on-site service shops, and other ancillary services customarily accessory to the customary principal permitted use. The facility shall have received a certificate of authority pursuant to the continuing care retirement community regulation and financial disclosure act, N.J.S.A. 52:27D-330, et seq.
CONSUMPTION AREA
An enclosed, designated space within a Class 1 cannabis establishment, whether or not it constitutes a cannabis microbusiness, that is set-aside for the purpose of on- premises consumption of cannabis products, and that meets or exceeds the Borough's standards for internal and external ventilation.
[Added 6-28-2022 by Ord. No. 2022-17]
CONVERSION
A change in use of land or a structure.
CORPORATE HOUSING
A residential building in which at least 10 dwelling units are owned or rented by a single corporation in which only one resident of the unit and the spouse may reside in the unit for no more than 12 months and must be a full-time employee of the corporation. Ten percent of the corporate housing units located within a single structure may be used to provide temporary housing for an invited guest of the corporation. The invited guest may reside in the unit for no more than seven days in a calendar year. Each residential unit must be at least 1,000 square feet.
DAYS
Calendar days.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law or this chapter.
DEVELOPMENT PLAN
A master site plan for review and approval by the Planning Board showing the general location and distribution of the uses for the tract, their inter-relationship, the potential subdivision into lots and the phasing of the development. The Development Plan may be amended from time to time with the approval of the Planning Board.
DRAINAGE
The removal of surface water or groundwater from the land by drains, grading or other means such as retention or detention basins, including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse, for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.
DWELLING UNIT
A unit comprising living accommodations designed and used for occupancy by only one family.
EASEMENT
A restriction established in a deed or duly recorded instrument or a duly recorded or filed map to permit the use of land by the public, or by particular persons, corporations or other legal entities for specified uses.
FAMILY
One or more individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single house household under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability, but not including the residents of an apartment hotel, or of a boarding house or lodging house serving more than two paying guests.
FAMILY DAY CARE
Child care services in a private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day care for no more than five children and for no less than 15 hours per week.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FINAL PLAT
The final map of all or a portion of a major subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which if approved shall be filed with the proper County Recording Officer.
FLAG LOT
A lot which does not fully front on or abut a public road and where access to the public road is provided by a narrow strip of land which is less than 50% of the required width.
FLOATING STRUCTURE
A structure that rises with the tide or with rising floodwaters. Floating structures are attached to a structural foundation through extendable columns that allow the structure to elevate the finished floor above the level of the floodwaters during a flood event.
[Added 12-18-2018 by Ord. No. 2018-30]
FLOOR AREA
The aggregate area of all floors in a building enclosed by an exterior wall, excluding attic and also basement with less than seven feet in height, open porches, breezeways and garages. Any basement area in any nonresidential zone that is used for sales or display and is open to the public shall be construed as floor area.
GARAGE, PRIVATE
A building for four or less motor vehicles without provision for repairing or servicing of any vehicles for profit. A private garage shall have a footing and foundation.
GARAGE, PUBLIC
Any building, structure, or land in or upon which a business or service involving the fueling, maintenance, washing, or servicing is conducted or temporary storage in connection with motor vehicles is maintained. A public garage building shall have a footing and foundation.
GASOLINE SERVICE STATION
A public building structure or land upon which a business involving the fueling in connection with motor vehicles is conducted.
GOVERNING BODY
The chief legislative body of the Borough of Bound Brook.
GRAPHIC SIGN
A temporary or permanent wall-mounted sign consisting of letters, numbers or symbols.
[Added 12-18-2018 by Ord. No. 2018-30]
HEIGHT OF BUILDING OR STRUCTURE
The vertical distance from the average grade adjacent to the foundation walls to the top of the highest roof beams of a flat roof or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one street, the height shall be measured from the average of the grades at the center of each street front.
HIGH-RISE RESIDENCE
A building designed for residential purposes with a height of over three stories.
HISTORIC SITE
Any building structure, area or property that is significant in the history, architecture, archeology or culture of New Jersey, the Borough of Bound Brook or the United States and has been so designated pursuant to Chapter 291, Laws of New Jersey 1975.
HOME OCCUPATION
An occupation conducted wholly within a dwelling unit and subordinate to the residential use and meeting the criteria established for home occupations in this chapter. Gainful employment or occupation, exclusive of retail sale of goods or merchandise not produced on the premises, conducted within a dwelling, which shall constitute either entirely or partially the means of livelihood of a person living in said dwelling, such as but not limited to a physician, surgeon, dentist, lawyer, bookkeeper, accountant, auditor, architect, engineer, seamstress, artist, tutor, broker, or computer operator.
HOTEL
A building containing 25 or more living or sleeping rooms designed to be occupied for compensation by individuals or groups. There shall be no kitchens in a hotel room.
HOTEL CONFERENCE
A hotel building wherein 100 square feet of conference room area is provided for each 20 hotel rooms or faction thereof.
HOUSES OF WORSHIP (CHURCH)
A special purpose building that is architecturally designed and particularly adapted for, and has as its principal use, conducting on a regular basis formal religious services by a religious congregation.
IMPERVIOUS COVERAGE (LOT COVERAGE)
That portion of a site which is improved or is proposed to be improved with principal and accessory buildings and structures, including driveways, parking lots, pedestrian walkways, roads, and other improvements on the ground surface which are less permeable than the natural surface. Impervious coverage computations must include the impervious areas for improvements required by ordinance, such as parking areas. The building coverage plus the area of all introduced paved surfaces which have less permeability than the soil, such as: required parking spaces, including necessary maneuvering areas, passageways and driveways giving access thereto, service areas, accessways, streets, walkways, patios and plazas. Exceptions: Board decks (provided water can drain directly into the ground surface underneath) and swimming pool water surface area, provided water level remains six inches below top of pool.
[Amended 5-10-2022 by Ord. No. 2022-09]
INDUSTRIAL OPERATION OR USE
Any activity conducted in connection with the manufacture, assembly, disassembly, fabrication or processing of materials or products, all or any part of which is marketed off the premises or (marketed) to other than the ultimate consumer. This shall include landscaping service operations.
INFORMAL REVIEW
A rough sketch map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of classification.
INSTITUTIONAL USES
Non-profit institutions limited to church-owned cemeteries, public or private schools licensed by the State of New Jersey, covering pre-kindergarten through grade 12, hospitals for humans, and libraries.
JUNK YARD
A place where waste, discarded or salvaged materials including without limitation inoperable or unregistered automobiles or other vehicles are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled. A junk yard shall include wrecking yards, used lumber yards, and places or yards for used or salvaged house wrecking and structural steel materials and equipment; as distinguished from such uses when conducted entirely within a completely enclosed building, and as distinguished from pawn shops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery and used furniture.
KIOSK
A small (less than 500 square feet in area), freestanding, single-story structure which may be used as an information center, cafe/bar/restaurant, retail, services, temporary rental of sports equipment, or for other permitted uses and activities.
[Added 12-18-2018 by Ord. No. 2018-30]
LANDSCAPING
An area of land restricted to landscape items which may also include such elements as natural features, earth berms, and earth sculpture. The width of a landscape area shall be measured at right angles to the lot line.
LOT
A subdivided portion of the tract to be developed which shall contain a single structure or group of structures (complex) devoted to common use.
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.
a. 
CORNER LOTA lot at the junction of and having frontage on two or more intersecting streets. A corner lot is also a lot bounded on two or more sides by the same street. The greater frontage of a corner lot is its depth, and its lesser frontage is its width. Corner lots shall meet the front yard setbacks on both streets. A corner lot shall have one rear yard and one side yard.
b. 
LOT DEPTHThe mean distance between the front and rear property lines of any lot taken at ten-foot intervals.
c. 
LOT WIDTHThe shortest straight line distance between the two sidelines of any lot as measured at the minimum required front yard setback line and also as measured from the street right-of-way line.
d. 
LOT AREAThe total square unit contents of any lot as measured within the lot lines, exclusive of rights-of-way.
LOT FRONTAGE
The shortest distance between the intersection points of the sidelines of a lot with the front street right-of-way line. In the case of corner lots, the frontage shall be measured along a straight line between the intersection point formed by the projection of two street rights-of-way lines and the intersection point of a side lot line with a front street right-of-way line. In the case of a lot running through from one street to another, the front of such lot shall, for the purposes of this chapter, be considered that frontage upon which the majority of the buildings in the same block front; but in case there has been no clearly defined frontage established, the owner may, when applying for a building permit, specify on this permit application which lot line shall be considered the front lot line.
LOW AND MODERATE INCOME HOUSING
Dwelling units developed pursuant to relevant provisions pertaining to such housing contained in § 21-10, Zoning. Low and moderate income levels must conform to applicable standards set by COAH.
MAINTENANCE GUARANTEE
A security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by this chapter.
MAJOR SITE PLAN
All site plans not classified as minor site plans.
MAJOR SUBDIVISION
All subdivisions not classified as minor subdivisions or re-subdivisions.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the municipality as set forth in the adopted pursuant to § 19 of Chapter 291, Laws of New Jersey 1975.
MINOR SITE PLAN
The development plan of one or more lots which does not involve planned development, any new street, alteration of existing traffic patterns, or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42, and which is limited to the following classes of development:
[Amended 8-8-2017 by Ord. No. 2017-25]
a. 
Interior renovations of an existing building; or
b. 
Building additions and the construction of any accessory structure, provided that such uses are specifically permitted in the zone district and that such alteration or construction does not exceed 2,000 square feet in ground coverage; or
c. 
Alteration or improvement of the exterior facade of an existing building, such as new windows, doorways, or siding material; or
d. 
The improvement of existing site facilities (i.e., parking, drainage, generators or similar equipment).
MINOR SITE PLAN COMMITTEE
A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of reviewing site plan applications for proper compliance with this chapter and reporting back to the Planning Board as to its findings. Nothing herein shall be construed as granting power to the Site Plan Committee to give any approvals or agree to any modifications. Notwithstanding any other provision of this chapter, the Committee's power and authority shall be limited to recommendation to the entire Board for action or final decision.
[Added 8-8-2017 by Ord. No. 2017-25]
MINOR SUBDIVISION
A subdivision of land for the creation of no more than two lots, including the remainder, fronting on an existing street provided that such subdivision will not adversely affect the development of the remainder of the parcel or adjoining property and not be in conflict with any provision of the Master Plan, Official Map or this chapter, and that such subdivision does not involve:
a. 
A planned development;
b. 
Any new street; or
c. 
The extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 30 of the Municipal Land Use Law (C. 40:55D-42).
MULTIFAMILY HOUSING DEVELOPMENT
A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
MUNICIPAL AGENCY
The Borough of Bound Brook Planning Board or Borough Council when acting pursuant to this chapter and any agency created by this chapter that is acting pursuant to this chapter.
MUNICIPAL USE
Any use by the Borough of Bound Brook of any property owned or leased by it.
NEIGHBORHOOD BUSINESS
Neighborhood business uses which are clearly of a neighborhood service character and are intended to serve the local community. Uses include but are not limited to the following: retail or personal service establishments such as appliance sales, banks, brokers, card and stationery stores, candy and cigar stores, drugs, dry goods and variety stores, dry cleaners and laundries, eating and drinking places (excluding drive-ins), florists, food stores, garden supplies, hardware stores, locksmiths, medical services, news stands, handicraft stores, gift stores, child care centers, business and professional offices, package liquor stores, pet stores, printing and publishing, photographic supplies, radio, television and appliance sales and services, realtors, shoe sales and repair service, tailors and dressmakers, wearing apparel stores.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amending 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.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONRESIDENTIAL ZONES
Those zones which permit nonresidential uses as a principal permitted use.
NURSING HOME
A building or group of buildings in which nursing care and medical services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery in the State of New Jersey, for the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care but who do require skilled nursing care and related medical services. Also refers congregate care or assisted care facilities in which such medical care may not be provided.
NURSING HOME
An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OBJECT SIGN
A three-dimensional sign in the form of an object that indicates either the name of an establishment or the products and/or services provided. (As an example, an oversized pair of scissors would indicate a barber or hairdressing salon and a bicycle wheel would indicate bicycle repair and/or sales.) Object signs may be either projecting or wall-mounted, and may be coupled with either of those two types of signs.
[Added 12-18-2018 by Ord. No. 2018-30]
OBSERVATION TOWER
An elevated viewing platform, covered or uncovered, accessible to the public and designed to provide views over a natural area.
[Added 12-18-2018 by Ord. No. 2018-30]
OCCUPANCY OR OCCUPIED
Any dwelling unit which shall be construed to be occupied if one or more persons or a family customarily reside in said dwelling unit overnight. In nonresidential buildings, the installation, storage or use of equipment, merchandise or machinery in any commercial, public or industrial building shall be construed as constituting occupancy of said building.
OFF-TRACT
Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of Chapter 291, Law of New Jersey 1975. Such map shall be deemed conclusive with respect to the location and width of streets and public drainage ways and the location and extent of flood control basins and public areas including public parks, playgrounds, trails, paths and other recreation areas, public open spaces, scenic and historic sites, sites for schools and other public buildings and structures, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.
ON-TRACT
Located on the property which is the subject of development application or on a contiguous portion of a street or right-of-way.
OUTDOOR STORAGE
The keeping, in an unenclosed area, of any goods, junk, merchandise, vehicles located in areas other than in driveways or approved parking areas, or other material in the same place for more than 24 hours.
OUTDOOR STORAGE/CARGO CONTAINER (a/k/a SHIPPING CONTAINERS)
An industrial, standardized, reusable outdoor storage/shipping container:
[Added 11-14-2017 by Ord. No. 2017-31]
a. 
Originally, specifically or formally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities and presently utilized for those purposes or for storage of household items; and/or
b. 
Designed for or capable of being mounted or moved on a rail car; and/or
c. 
Designed for or capable of being mounted on a chassis or bogie for movement by truck, trailer or loaded on a ship; and/or
d. 
Intended to or necessary, for purposes of safety, to be placed upon a foundation and, therefore, constituting an accessory structure; and/or
e. 
Having a length greater than 10 feet; and/or
f. 
Being of heavy-gauge steel construction, aluminum or a composite material.
PARKING SPACE
A rectangular space 10 feet wide and 18 feet long either outdoors or enclosed within a structure and used for accommodation of off-street motor vehicle parking, provided however that a longitudinal (end to end) parking space is a rectangular space 10 feet wide and 25 feet long. All parking spaces shall be provided with adequate means of ingress and egress which shall be kept open and unobstructed at all times and which shall be designed to provide surface driveways or aisles to meet the minimum standards of this chapter.
PCPSF
A portable containerized property storage facility or unit shall mean a storage unit (commonly referred to as a "pod") not exceeding 10 feet in length, intended to be utilized upon the exterior of residential premises for the purpose of storing all types of items of personal and household property either for pure storage or to facilitate the moving of persons from household unit to household unit.
[Added 11-14-2017 by Ord. No. 2017-31]
PERFORMANCE GUARANTEE
Any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances in § 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.
PERSON
Includes any person, individual, business entity, partnership, association, corporation, company or organization of any kind or nature.
PERSONAL SERVICES
Establishments engaged in providing services involving the care of a person or his/her apparel. Personal services usually include the following: laundry, garment services, diaper service, dry cleaning, photographic studios, employment agencies, pet grooming services, beauty and barber shops, shoe repair, tanning salons, health clubs, clothing rental.
PLAT
The map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Sections 34, 36 and 37 of Chapter 291, P.L. 1975, prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY PLAT
The preliminary map of a major subdivision or site plan indicating the proposed layout of the site which is submitted to the appropriate board for consideration and preliminary approval and meeting the requirements of this chapter.
PRELIMINARY SITE PLAN
The preliminary development plan indicating the proposed layout of the site which is submitted to the appropriate board for consideration and preliminary approval and meeting the requirements.
PRINCIPAL STRUCTURE
One devoted to the principal use.
PRINCIPAL USE
The primary or predominant use of any lot or structure.
PRIVATE SWIMMING POOL
Any artificially constructed basin or other structure for the holding of water for use by the possessor, his family or guests, for swimming, diving and other aquatic-sports and recreation. The term swimming pool does not include any plastic, canvas or rubber pool temporarily erected upon the ground capable of holding not more than 500 gallons of water.
PROJECTING SIGN
A sign that is permanently affixed to a building facade at a ninety-degree angle. These signs may be banner signs, printed on architectural fabric and permanently or temporarily hung in place, or signs printed against a rigid metal, wood or acrylic background.
[Added 12-18-2018 by Ord. No. 2018-30]
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency, or other public body for recreational or conservational uses.
PUBLIC UTILITY FACILITIES
Telephone and electric lines, poles, communications equipment and structures, water or gas pipes, mains, valves or structures, or sewer pipes, valves or structures, maintained, operated and conducted for the service, convenience, necessity, health and welfare of the general public, whether owned by any arm or entity of the local, State or Federal government or by any privately-owned public utility corporation.
RE-SUBDIVISION
(a) The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or the alteration of any streets, or (b) the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RECYCLING AREA
Space allocated for collection and storage of source separated recyclable materials.
REDEVELOPMENT PROJECT
A site development plan containing a minimum of five contiguous acres which is developed in accordance with an adopted Redevelopment Plan.
RESIDENTIAL ZONES
Those zones set forth in the section of this chapter known as the R-1, R-2, R-3, R-4, NB/R and R-6 Zones.[2]
SENIOR CITIZENS HOUSING
A dwelling unit, the head of which or spouse is 62 years of age or over.
SIGNS
Includes any device, freestanding or attached to a building or structure, or erected, painted, represented or reproduced upon in any building or structure, which displays, reproduces or includes any letter, word, name, number, model, insignia, design, device or representation used for any purpose, including without limitation: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; to advertise the sale, rental or use of all or any part of any premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic other than State, County or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interests of any person. Sign shall not be construed to mean any non-illuminated sign in the interior of any structure and not visible from the outdoors unless specifically designated as such in § 21-10 of this chapter. If the display information on commercial or recreational vehicles exceeds the minimum information required for registration and operation of the vehicle, the display information shall be considered a sign.
SINGLE OWNERSHIP
Ownership of a single lot by one person, or jointly by two or more persons, whether as joint tenants, tenants by the entirety, or tenants in common.
SINGLE-FAMILY RESIDENCE
A building or structure lawfully accommodating only one dwelling unit.
SITE PLAN
A development plan to be submitted to the Planning Board of one or more lots on which is shown:
a. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways;
b. 
The location of all existing and proposed structures, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices;
c. 
Any other information reasonably necessary and required in order to make an informed determination pursuant to this chapter.
SITE PLAN COMMITTEE
A committee of at least three Planning Board members appointed by the Chairman of the Board for purposes of reviewing site plans for a report back to the entire Board and such other duties relating to land development which may be conferred on this committee by the Board and the Board's bylaws.
STORY
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way:
a. 
Which is an existing State, County or municipal roadway, or;
b. 
Which is shown upon a plat heretofore approved pursuant to law; or;
c. 
Which is approved by official action as provided by this chapter, or;
d. 
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 right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the right-of-way lines.
STRUCTURE
Any 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.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:
a. 
Divisions of land found by the Planning Board or subdivision committee to be for agricultural purpose where all resulting parcels are five acres or larger in size;
b. 
Divisions of property by testamentary or interstate provisions;
c. 
Divisions of property by court order, including but not limited to judgments of foreclosure;
d. 
Consolidation of existing lots by deed or other recorded instrument;
e. 
The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the Borough. The term 'subdivision' shall also include the term 're-subdivision.'
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions and minor subdivisions and re-subdivisions in accordance with the provisions of this chapter, and such other duties relating to land subdivision which may be conferred on this committee by the Board and the Board's bylaws.
SUBDIVISION EXEMPTION
An exemption granted by the Planning Board from the procedures established for subdivisions in § 21-9 of this chapter for an alteration, diminution, creation or elimination of any lot line which does not constitute a subdivision under the definition of a subdivision pursuant to this chapter, such a division of land found by the Planning Board or subdivision committee to be for agricultural purposes where all resulting parcels are five acres or larger in size, division of property by testamentary or interstate provisions; divisions of property by court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument and the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the tax maps or atlas of the Borough.
TEMPORARY STRUCTURE
A structure that is assembled for a specific purpose and is disassembled and removed within six months.
[Added 12-18-2018 by Ord. No. 2018-30]
TRACT
The entire area designated for redevelopment and all the lots that have been so designated. However, the Borough and the redeveloper may agree to exclude the lot on which the firehouse is located from the tract.
TRACT PERIMETER
The perimeter property line of the entire redevelopment area and not mean any internal roadways or internal subdivision lines.
TRANSCRIPT
The typed or printed verbatim record of the proceedings or reproduction thereof.
TREE HOUSE
A small, covered, elevated structure assembled to a tree or trees and reached only by climbing a ladder.
[Added 12-18-2018 by Ord. No. 2018-30]
TWO-FAMILY DWELLING
A building type consisting of two single-family dwellings. If attached by a vertical party wall these units occupy separate lots. Two-family dwellings may also consist of a ground floor unit with a separate unit on the second floor.
[Added 12-18-2018 by Ord. No. 2018-32]
VARIANCE
Permission to depart from the literal requirements of a Zoning Ordinance pursuant to § 47 (40:55D-60) and subsections 29.2b, 57c and 57d of this act (N.J.S.A.40:55D-40; 40:55D-70).
VEHICLE, MOTOR
A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. See Subsection 21-9.15c, Parking Standards.
VEHICLE, NON-OPERATING, ABANDONED OR JUNK
A vehicle which is required to be registered but is unregistered and/or unable to move under its own power.
VEHICLE, RECREATIONAL
A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
WALL-MOUNTED SIGN
A sign that is temporarily or permanently mounted on the exterior of a structure.
[Added 12-18-2018 by Ord. No. 2018-30]
YARD, FRONT
A space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. The definition specifies that the line of measurement is perpendicular to the building and extends to the lot line. If the line of measurement was perpendicular to the lot line, there would be problems with pie-shaped and irregular lots. The ordinance would normally specify that the front yard could contain fences, walls, driveways and whatever else may be customary in a particular zone.
YARD, REAR
A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.
YARD, REQUIRED
The open space between a lot line and the buildable area within which no structure shall be located except as provided in the Zoning Ordinance.
YARD, SIDE
A space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building.
ZONING PERMIT
A document signed by the administrative officer (a) which 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 (b) which acknowledges that such use, structure or building complies with the provisions of the municipal Zoning Ordinance or variance there from duly authorized by a municipal agency pursuant to Sections 47 and 57 of this act (40:55D-60; 40:55D-70).
[1]
Editor's Note: Section 5 of this ordinance, amending Section 21-2 of the Borough Code, contained the following additional provisions regarding definitions:
Except for those words or terms defined in this section (above), words shall be defined in accordance with the definitions that appear in the Borough's Land Use Regulations (Chapter 21), in the section on "definitions" (21-2), in the definitions section attached to the B-R District (21-10.15k) or elsewhere in Chapter 21.
If there is no applicable definition in Chapter 21 of the Borough Code, those words or terms shall be defined in accordance with the definition found in the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D et seq.) or in the New Jersey Local Redevelopment and Housing Law (N.J.S.A. 40A:12A et seq.). If there is no applicable definition in the two statutes mentioned above, those words or terms shall be defined in accordance with the definition found in the most recent edition of the Complete Illustrated Book of Development Definitions, by Harvey Moskowitz and others, published by the Center for Urban Policy Research at Rutgers University; in A Planners Dictionary, edited by Michael Davidson and Fay Dolnick, American Planning Association — Planning Advisory Service Report 521/522, April 2004 or subsequent edition; or as defined in an equally authoritative published or online source acceptable to the governing body of the Borough of Bound Brook.
[2]
Editor's Note: The NB/R District was repealed 6-27-2023 by Ord. No. 2023-028 and incorporated into the Business/Residential (B/R) District.