Dunellen City Zoning Code
ARTICLE III
Definitions and Word Usage
§ 115-7 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A subordinate use or building, the purpose of which is incidental to that of a main use or building of the same lot.
The Zoning Officer of the Borough of Dunellen.
A story, wholly or partly underground, and having more than 1/2 of its clear height below the average level of the adjoining ground.
The Borough Planning Board or Board of Adjustment, whichever has jurisdiction pursuant to the Municipal Land Use Law.
An area consisting of trees, shrubs, solid fencing, or a combination of all these, so installed as to provide both a visual and an acoustical barrier between properties. No building, structure, parking area, street sign (except traffic directional signs), or storage of materials shall be permitted in said area.
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
The vertical distance measured from the average grade of the corners of the structure to the highest point of the structure. The building height in all residential districts shall not be greater than 35 feet. The building height in all commercial zones shall not be greater than 40 feet. All exceptions as set forth in § 115-27 remain in full force and effect.
[Amended 5-15-2006 by Ord. No. 06-06; 2-16-2021 by Ord. No. 2021-03]
A brewpub means an establishment licensed as a restricted brewery by the state under N.J.S.A. 33:1-10, where malt alcoholic beverages are brewed and manufactured, served and consumed on the premises, and which is operated in conjunction with a restaurant use that possesses a plenary retail consumption license. Such uses shall be used principally for the purpose of providing meals to its customers with adequate kitchen and dining room facilities immediately adjoining licensed brewery facilities. A brewpub may provide outdoor seating in accordance with Chapter 237, Sidewalk Cafes, of the Dunellen Code.
[Added 2-7-2022 by Ord. No. 2022-02]
A cider and meadery shall mean an establishment licensed by the state as a cider and meadery under N.J.S.A. 33:1-10, producing hard cider and/or mead, including the sale and distribution of the product to licensed wholesalers and retailers, and including the retail sale of the product at retail to consumers on the licensed premises for consumption on or off the premises, and the offering of samples for consumption on the premises. A cider and meadery may provide outdoor seating in accordance with Chapter 237, Sidewalk Cafes, of the Dunellen Code.
[Added 2-7-2022 by Ord. No. 2022-02]
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.
A residence for the developmentally disabled and includes a community shelter for victims of domestic violence, a community residence for the terminally ill and a residence for persons with head injuries, which communities have been approved for a purchase of services, contracts, or affiliation agreement pursuant to such procedure as shall be established by regulations of the State of New Jersey, Department of Human Services, and as defined in N.J.S.A. 40:55D-66.1 et seq.
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 locations or operation of such use as contained in § 115-38 of this chapter.
A parcel of land fronting on two or more intersecting streets.
A craft brewery shall mean an establishment licensed by the state as a limited brewery under N.J.S.A. 33:1-10, to manufacture malt alcoholic beverages to sell and distribute the products to licensed wholesalers and retailers. The craft brewery may sell and serve the product at retail to consumers on the licensed premises for consumption on the premises but only in connection with tours of the brewery, or for consumption off-premises, and to offer samples for sampling purposes only pursuant to an annual permit issued by the state. A craft brewery shall not sell food or operate a restaurant on the licensed premises. A craft brewery may provide outdoor seating in accordance with Chapter 237, Sidewalk Cafes, of the Dunellen Code.
[Added 2-7-2022 by Ord. No. 2022-02]
A craft distillery shall mean an establishment licensed by the state as a craft distillery under N.J.S.A. 33:1-10, to manufacture distilled alcoholic beverages to rectify, blend, treat and mix distilled alcoholic beverages, and to sell and distribute the products to licensed wholesalers and retailers. The distillery may sell the product at retail to consumers on the licensed premises for consumption off the premises or, in connection with a tour of the distillery, the retail sale or offering of samples for consumption on the premises. A craft distillery may provide outdoor seating in accordance with Chapter 237, Sidewalk Cafes, of the Dunellen Code.
[Added 2-7-2022 by Ord. No. 2022-02]
A building or portion thereof providing sleeping room(s), bathroom(s), and kitchen facilities for the use of one household. "Dwelling units" shall be differentiated one from the other as follows:
DWELLING UNIT, SINGLE-FAMILYA detached building designed for or occupied exclusively by one household.
DWELLING, TWO-FAMILYA building designed for or occupied exclusively by two households living independently of each other, where the individual household units are entirely separated by vertical walls or horizontal floors.
DWELLING, MULTIFAMILYA building used or designed as a residence for three or more families living independently of each other, not including a motel, boardinghouse, or rooming house.
CONDOMINIUMA one-family dwelling located in a structure consisting of two to 24 such units, in which units occupy air space over another unit, and each unit is separated from any other unit by one or more common walls, floors, and ceilings.
TOWNHOUSEA one-family dwelling designed to be attached in a row between two and six such units, in which each unit has its own front and rear access to the outside, without occupying air space over another unit, and each unit is separated from any other unit by one or more common walls.
One or more persons living together as a single-family unit, whose relationship is of a permanent and distinct domestic character, as distinguished from individuals or groups occupying a hotel, boardinghouse, or club. The term "family" shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.
An artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials used as a boundary or means of protection, confinement, or concealment.
Any lot that does not meet the required lot width and/or any lot on which the principal structure does not front directly on a public road.
[Added 2-16-2021 by Ord. No. 2021-03]
The total floor area of a structure used for residential purposes or for business or commercial activities. In the case of the latter, this shall include customer facilities, showcase facilities, work areas, storage and sales facilities. However, the "floor area" of a structure shall not include:
Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths. Also, cellar space constructed and finished as to be suitable for human habituation shall be counted in computing total "floor area."
Elevator and stair bulkheads, accessory water tanks and cooling towers.
Floor space used for mechanical equipment.
Attic space, whether or not a floor has actually been laid, providing structural headroom that does not exceed more than seven feet.
Uncovered steps.
Terraces, breezeways, and open porches.
Off-street, parking spaces located within the structure.
PRIVATE GARAGEA building which is accessory to the main building and which provides for the storage of motor vehicles owned by the occupants.
PUBLIC GARAGEA building or accessory structure used or designed to be used for storing, repairing, servicing, selling, or equipping motor vehicles, for which a consideration is paid.
Any gainful employment or occupation of one or more members of the resident family which shall constitute either entirely or partly the livelihood of such member or members and which shall be clearly secondary or accessory to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure or in a secondary building which is accessory to such principal structure. "Home occupations" shall include such activities as dressmaking, watchmaking, electrical and radio repair, carpentry, private tutoring, individual teaching of music, portrait painting or sculpture, and computer programming.
An office of a member of a recognized profession providing professional services on an appointment-only basis in his place of residence. Recognized professions shall include only medical care for human beings, the clergy, architecture, engineering, law, accounting, and planning.
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.
The shortest horizontal distance between the front lot line and the rear lot line, as calculated in accordance with the provisions of § 115-19.
The portion of a lot extending along a street line.
The measured horizontal width of the lot at the front setback line.
A lot which, in its area, dimensions or location, 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.
A structure which in its size, dimension or location on a lot, 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 reasons of such adoption, revision or amendment.
A use or activity 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 reasons of such adoption, revision or amendment.
A building in which is conducted the main or principal use of the lot.
The primary or main purpose for which a lot or building is being utilized.
A swimming pool which is accessory to the principal residential use on the lot which is utilized by the owner and nonpaying guests.
Private organizations and groups of a fraternal, church or charitable nature.
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
An establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking, and serving of food to its customers.
LIMITED SERVICE RESTAURANTA business or establishment characterized by the following: the placing of orders at a counter, a lack of a table or tables and the serving of prepared food in or on disposable wrapping or containers in a form ready for consumption.
FULL SERVICE RESTAURANTA restaurant with waiter or waitress table service, primarily serving food cooked to order, which is paid for after consumption. A full-service restaurant may also have a limited takeout service accessory to and incidental to its main operation as a full-service restaurant.
A line within a lot which is parallel to a street or property line beyond which a building shall not extend, except as otherwise provided for in this chapter.
A group of commercial establishments planned, developed, and managed as a unit in a building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space and utilities and sanitary facilities.
Any structure, device, object, or portion thereof, on which there is an announcement, declaration, identification, description, display, illustration, or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public. Specifically excluded from this definition is any flag, badge or insignia of any public, quasi-public, civic, charitable, or religious group.
The property line of a lot which separates the public street right-of-way from the property.
Any change in, or rearrangement of, the supporting members of a building or structure, such as walls, columns, beams, girders and foundations, including an enlargement or addition to the structure, or any change in the utility system or mechanical equipment of a structure which significantly alters its usability, capacity, or function.
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.
A winery salesroom shall mean an establishment licensed by the state as a winery sales room under N.J.S.A. 33:1-15, that is owned and operated by the holder of a plenary winery license or out of state winery license issued by the state under N.J.S.A. 33:1-10, where wine produced by the licensee is sold at retail in original packages for consumption on or off the premises, and for the offering of samples. A winery salesroom may provide outdoor seating in accordance with Chapter 237, Sidewalk Cafes, of the Dunellen Code.
[Added 2-7-2022 by Ord. No. 2022-02]
An open space on a lot, lying between the principal building and the nearest lot line, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
FRONT YARDAn open, unoccupied space within and extending the full width of the lot between the front lot line and the main front wall of a building, not including ground story open porches.
REAR YARDAn open, unoccupied space within and extending the full width of the lot between the rear wall of the building and the rear lot line.
SIDE YARDAn open, unoccupied space within the lot between a side lot line and side wall of the building or of any attached accessory building extending from the front lot line to the rear lot line.
§ 115-8 Word usage.
Unless the context clearly indicates the contrary, the present tense shall include the future; the singular shall include the plural; the word "lot" shall include the word "plot"; the word "structure" shall include the word "building"; the word "occupied" shall include the words "used," "designed," or "intended to be occupied"; the term "such as" shall be considered as introducing a typical or illustrative example rather than as an entire inclusive designation of permitted or prohibited uses, activities or structures; the word "shall" is always mandatory and directory; the word "may" is permissive.