[Amended Ord. 2017-01; 6-16-2020 by Ord. No. 2020-08; 6-16-2020 by Ord. No. 2020-08; 7-19-2022 by Ord. No. 2022-05; 7-9-2024 by Ord. No. 2024-08]
Certain words and phrases used in the chapter are defined as follows:
ACCESSORY USE OR STRUCTUREA structure or use which:
a. Is subordinate to and serves a principal building or a principal use.
b. Is subordinate in area, extent or purpose to the principal building or principal use served.
c. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served.
d. Is located on the same lot as the principal building or principal use served.
ACCESSWAYA single vehicular entrance-exit combination between a public street and a lot.
ALTERATIONA change or rearrangement of the structural parts or existing facilities of a building, or any enlargement or relocation of a building.
ANIMAL HOSPITALA place where animals or pets are given medical or surgical treatment. Use as a kennel shall only be for short-term boarding and shall be accessory to such hospital use.
ANIMAL KENNELAny building, structure or premises in which animals are kept, boarded or trained.
AREAa. LOT AREAThe gross land area of a lot within the property lines; expressed in square feet.
b. BUILDING AREAThe ground area covered by the structure or structures, including malls where covered.
d. GROSS FLOOR AREAThe total floor area of all buildings in the project, including basements, mezzanines, and upper floors.
e. GROSS LEASABLE AREAThe total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the center line of interior partitions and from the inside face of exterior walls.
AUCTION HOUSEA building where objects of art, furniture and other goods are offered for sale to persons who bid on each item in competition with each other. Open air auctions, such as vehicle auctions, are not included in this definition.
AUTOMOBILE SERVICE STATION or GASOLINE STATIONA structure and surrounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the sale of lubricants, accessories or supplies and the performing of non-body repairs.
BASEMENTA portion of a building having one-half or more, but less than all, of its floor-to-ceiling height above the average level of the adjoining ground. A basement shall be a story if used for business or dwelling purposes.
BUILDINGAn enclosed structure having a roof supported by arches, column, piers or walls. This term shall include all structures, whether they may have wheels or other supports, which are used primarily in a stationary manner within the Township.
BUILDING HEIGHTThe vertical distance measured from the average finished grade at all foundation corners of the building or structure, or at not less than ten equidistant points in the case of a circular structure, to the highest point of the building excluding the chimney or any superstructure above the roof such as stair or elevator bulkheads, water towers, etc.
BUILDING SUBCODE OFFICIALThe person or persons duly appointed to discharge the duties and functions of the office of the building subcode official of the Township.
BUILDING LINEA line formed by the intersection of the finished grade and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface.
CARPORTA roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
CELLARA portion of a building having more than one-half of its floor-to-ceiling height below the average level of the adjoining ground. No cellar or portion thereof shall be used as a dwelling unit or for business purposes other than for storage. If a cellar is used for storage, it shall be a story.
CELLULAR ANTENNASAntennas which are used for the transmission and reception of wave frequencies for the purposes of any wireless telecommunication (e.g., telephone, radio, paging and/or television communication) and which are permitted as "conditional uses" in accordance with the specific zoning conditions and standards for their location and operation included within this chapter. For the purposes of this chapter, "cellular antennas" shall not be considered to be a "public utility."
COMMON OPEN SPACEA parcel of land or an area of water or a combination of land or water within a development, designed and intended for the use or enjoyment of such development. Common open space shall not include parking areas or accessways thereto but may include such complementary structures including required landscaping buffers and improvements as are necessary and appropriate for the enjoyment of residents, users, and owners of the development.
Any land used or to be used by the East Windsor Regional School District or any municipal utilities authority or any agency providing municipal utilities shall not be considered part of common open space.
CONDITIONAL USEMeans 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 the zoning ordinance, and upon the issuance of an authorization therefor by the Planning Board.
CONTIGUOUS PARCELSLots or groups of lots which are under common ownership or control, having a common boundary and not separated by any other lots or any street other than a local or collector street.
COURTAny area bounded on three sides by one or more structures.
COVERAGEb. IMPROVEMENT COVERAGEThe ratio of the aggregate gross area of all impermeable surfaces to the lot or development area. Impermeable surfaces are those surfaces which do not absorb surface water directly into the underlying earth, including, but not limited to roof surfaces, parking lots, streets, walkways and plazas.
Decks shall not be considered in the calculation of improvement coverage if they allow for the passage of rainwater through the deck to pervious surfaces beneath. |
CUL-DE-SACThe end of a street which has been improved in conformance with the technical standards ordinance. The end of any street which has not been so improved shall not be a cul-de-sac for purposes of measuring lot requirements pursuant to this ordinance.
DENSITYa. GROSS DENSITYThe ratio of the aggregate number of dwelling units to the lot or development area.
b. DWELLING NET DENSITYThe ratio of the aggregate number of units to the portion of the lot or development area used exclusively for the dwelling units.
DEVELOPMENTAn area of land owned or controlled by one landowner or a group of landowners to be developed as a whole by a single entity.
a. PLANNED DEVELOPMENTAn area of land owned or controlled by one landowner or a group of landowners to be developed as a whole by a single entity for a number of dwelling units together with a neighborhood center and common open space as well as industrial and commercial facilities.
b. RESIDENTIAL CLUSTER DEVELOPMENTAn area of land owned or controlled by one landowner or group of landowners to be developed as a whole by a single entity for a number of dwelling units.
c. MULTIFAMILY DWELLING DEVELOPMENTAn area of land owned or controlled by one landowner or a group of landowners to be developed as a whole by a single entity for a number of dwelling units exclusively in multifamily dwellings, together with common open space.
d. INDUSTRIAL-OFFICE PARK DEVELOPMENTAn area of land owned or controlled by one landowner or a group of landowners, to be developed as a whole by a single entity for a number of industrial or office buildings, together with common open space.
DWELLINGAny permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons.
a. DWELLING, DETACHEDA building containing one dwelling unit and completely surrounded by open space.
c. DWELLING, MOBILE HOMEA detached residential structure containing one complete dwelling unit having a width of not less than ten feet and a length of not less than 40 feet designed for transportation, after fabrication, on streets or highways on its own wheels or on flatbed or other trailers. Any dwelling unit not meeting the minimum dimensional requirements hereof is a recreational vehicle as defined in this section.
d. DWELLING, SEMI-DETACHEDA building containing two single family dwelling units which are attached along a common party wall.
e. DWELLING, ATTACHEDA dwelling unit in a multi-family dwelling containing three or more dwelling units, which dwelling unit extending from the ground to the roof with individual outside access and no interior rooms or hallways shared with other dwelling units.
f. DWELLING, STACKED ATTACHEDA dwelling unit in a multifamily dwelling containing three or more dwelling units separated vertically as well as horizontally with each unit having its own private entrance.
DWELLING UNITOne or more rooms, occupied or intended for occupancy as separate living quarters by one family or household with access directly from the outside or from a common hall with separate cooking, sleeping and sanitary facilities provided within the unit for the exclusive use of the occupants thereof.
FAMILYAny number of persons related by blood, marriage or living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common.
FARMAn area of land actively devoted to agricultural or horticultural uses or the ownership, care, breeding or raising of animals. Farm activity shall be deemed to include on-site residence for farm owners and employees.
FLOOR AREA RATIO (F.A.R.)The floor area ratio of the building or other structure on any lot or development is determined by dividing the gross floor area of such a building or structure by the area of the lot or development on which such building or structure is located. When more than one building or structure is located on the lot or development then the floor area ratio is determined by dividing the total gross floor area of all buildings or structures by the area of all buildings or structures by the area of the lot or development. The floor area ratio requirements, as set forth under each district, shall determine the maximum gross floor area allowable for buildings and other structures in direct ratio to the gross area of the lot of development.
GARAGEA building or structure used for the storage of one or more vehicles. If maintained primarily for the convenience of the resident occupant of the premises and no service is rendered to the public or business conducted therein, it is a private garage. Any garage other than a private garage is a public garage.
GRADE, FINISHEDThe completed surfaces of lawns, landscaped areas, driveways, walks and roads.
HOTELA building or group of buildings whether detached or in connected units used as individual sleeping accommodations for transients and having access through a common lobby or corridors.
HOME BUSINESS ACTIVITIESAny person may utilize his home for any lawful activity providing that:
a. No nonresident is employed in the home; and
b. There is no external display of goods or any outdoor activity except as permitted in this paragraph, or advertising on the premises other than an identification sign not to exceed two square feet.
c. Any advertising shall list only the telephone number and not the street address of the home.
d. Such use does not occupy more than 25% of the gross floor area of the home, including the garage area; and
e. No noise shall be audible to adjacent property owners to interfere with the quiet enjoyment of their property; and
f. Such use of the home shall not adversely affect adjacent property owners or interfere with their quiet enjoyment of their properties by causing air pollution, including noxious odors, or water pollution; and
g. In case of babysitter services or small nurseries operating under this section, outdoor activities for children shall be limited to one hour in the morning and one hour in the afternoon.
HOUSEHOLDA group of persons related by blood, marriage or otherwise living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common.
JUNK YARDAn area, lot or parcel used for the storage, sale or abandonment of junk, including scrap metal and other materials, or for the dismantling, demolition or abandonment of any nonoperable mechanical equipment, machinery, or unregistered vehicles, or parts thereof. A junk yard shall not include the storage, for processing or use, of discarded or salvaged materials as part of a permitted manufacturing operation on the same premises.
LANDOWNERThe legal or beneficial owner of land including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
LANDSCAPE BUFFERAn area of land restricted to landscape elements which may include lawns, plantings, natural features, sculpture, lighting and pedestrian parks, but not including motor vehicles or driveways, extending along the side and rear lot lines. The width of a landscape buffer shall be measured at right angles to the lot line.
LANDSCAPE STRIPA strip of land restricted to landscape elements which may include lawns, plantings, natural features, sculpture, signs, lighting, and pedestrian and bicycle pathways, but not including vehicle parking, extending along the entire frontage of the lot. The width of a landscape strip shall be measured at right angles to and beginning from the front lot line.
LOT AREAThe total area within the lot lines of the lots, excluding street right-of-ways. On individual building lots, the minimum lot area requirements of this chapter shall be met on land which lies outside identified wetlands and flood hazard areas.
LOTA piece or parcel of land occupied or intended to be occupied by one building and the accessory buildings or uses customarily incidental to it or by more than one building when permitted by this chapter, together with the open spaces required by this ordinance, and having frontage on an improved street. The aggregate of all lots or parts of lots shown on a map filed with the Mercer County clerk or shown on the tax map of the Township and used for a single building or development shall be deemed to be one lot for purposes of this chapter.
a. LOT, CORNER: A lot at the junction of, and abutting on, two or more intersecting streets, where the interior angle of intersection does not exceed 135 degrees. A lot abutting a curved street shall be deemed to be a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135 degrees. Corner lots shall be deemed to have two front yards but such lot shall be deemed to have at least one side yard. An applicant may, subject to the approval of the zoning officer, designate one yard as a side yard for purposes of complying with any provision of this ordinance.
c. LOT, THROUGHA lot other than a corner lot which extends from one street to another.
LOT DEPTHThe general average of the distance from the front lot line to its opposite rear line, measured in the general direction of the side lines of the lot.
LOT FRONTAGEThe distance between the side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet, the minimum lot frontage shall not be less than 50% of the required minimum lot width.
LOT LINEA line forming the boundary of a lot.
b. LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT WIDTHThe distance between the side lines measured parallel to the front lot line at the minimum front yard setback line.
MANUFACTURING USEProcess involving 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.
MOTELA building or group of buildings, not including mobile homes or recreational vehicles, whether detached or in connected units, used as individual sleeping accommodations for transients and having access directly to the outside and not through a common lobby or corridor.
MOTOR FREIGHT FACILITYA facility serving truck and delivery vehicles as a fulfillment center, cross-dock terminal or shipping depot.
NONCONFORMING STRUCTURE OR USEAny structure or use lawfully in existence before the effective date of this chapter which does not conform to regulations of this chapter for the district in which it is located.
NURSING, REST, CONVALESCENT HOMEAn institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.
PARKING AREA, PRIVATEAn open area used for the temporary storage of automobiles and other vehicles for the private use solely by the occupants of the use to which the parking is accessory. Parking in nonresidential zones need not be on the same lot as the principal building if permitted in a site plan approval pursuant to Subsection 20-5.3.4 of this ordinance.
PARKING AREA, PUBLICAny open area other than a street or other public way used for the temporary storage of automobiles and other vehicles and available to the public whether for a fee, or without compensation, or as an accommodation for clients, customers, or employees. Parking in nonresidential zones need not be in the same lot as the principal building if permitted in a site plan approval pursuant to Subsection 20-5.3.4 of this ordinance.
PARKING SPACEAn off-street space available for the parking of a motor vehicle.
PATIO HOMEA detached dwelling on one lot or within a lot held in common ownership having as a major design feature a visually private outdoor living space called a patio, contiguous to and structurally contained by that dwelling unit.
PEDESTRIAN PARKSAn area of land designed and used as a permanent passageway for pedestrians and nonmotorized bicycles and other nonmotorized vehicles.
PERMIT, CONSTRUCTIONA permit issued by the building subcode official acting pursuant to the construction code.
No permit shall be issued unless and until the applicant has complied with all requirements of the Township Zoning, Subdivision and Technical Standards Ordinances.
PERMIT, OCCUPANCYCertificate of occupancy: A certificate issued by the building subcode official which permits use of the building in accordance with approved plans and specifications and which certifies compliance with provisions of law for the use and occupancy of the building together with any special stipulations or conditions as attached thereto, including the requirements of escrow deposits to insure full compliance with Township regulations and specifications.
No permit shall be issued unless and until the applicant has complied with all requirements of the Township Zoning and Subdivision Ordinances.
PERMIT, ZONINGA permit issued by the zoning officer, prior to issuance of a building permit certifying that the proposed building or alteration or use of land meets all requirements of this ordinance.
PERSONAny association, partnership, corporation, cooperative group, trust or other entity as well as an individual.
PRINCIPAL USEThe main use of land or building as distinguished from an accessory use.
PRINCIPAL BUILDINGA building that is used or designed to be used for the principal use on the lot.
PUBLIC UTILITY USES (HEAVY)The following uses operated by any public utility authorized to do business in New Jersey; bus garages; gas utility service substations; railroad right-of-way and industrial spur tracks; microwave relay towners; sewerage treatment plants; water filtration plants; water reservoirs.
PUBLIC UTILITY USES (LIGHT)The following uses operated by any public utility authorized to do business in New Jersey: electric and telephone substations and distributional centers; gas regulator and meter stations; pumping stations.
RECREATIONAL VEHICLEBoats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
RESTAURANT Any establishment, however designed, at which food is sold for consumption within the principal structure. The term restaurant shall not include the term drive-in restaurant.
RESTAURANT, CURBSIDE PICKUPAn accessory activity wherein a restaurant establishment provides for pickup of food prepared by the establishment, to the curbside or parking area on-site at the establishment.
RESTAURANT, DRIVE-INAn establishment where patrons are served food, soft drinks, ice cream and similar confections primarily for consumption other than in the principal structure.
RESTAURANT, FAST FOODA restaurant which:
a. Is primarily designed for over-the-counter sale of ready to eat foods and beverages in disposable containers from a limited, standardized menu. The food so served is intended for immediate consumption by the purchaser; or
b. Sells food through a drive-through service window; or
c. Does not have waiter/waitress service at dining tables.
Retail food stores selling foods in bulk primarily for preparation or consumption off the premises, such as delicatessens, bakeries, or dairy stores, shall not be deemed to be fast food restaurants simply because of incidental sales of individual portions for immediate consumption. |
RETAINING WALLA structure designed for the separation of varying ground levels.
ROADSIDE STANDA structure having three or more enclosed sides intended for the sale of farm product or nursery material, a majority of which is grown or raised on the premises.
SCHOOLAny public or private institution offering instruction for students up to and/or through the secondary level.
SCHOOL, COMMERCIAL OR BUSINESSA training institution operated on a profit or nonprofit basis offering instruction in stenographic, secretarial, accounting, data processing, and related skills associated with the conduct of a commercial, business or administrative office.
SCHOOL, TRADE OR VOCATIONALA training institution operated on a profit or nonprofit basis offering instruction and/or experience training to students, journeymen, apprentices or comparable categories of persons in the operation of industrial, construction, or electronics machinery or equipment, construction, trades or similar skills.
SELF-STORAGE FACILITYA building in single ownership containing separate spaces or compartments for dead storage of goods, wares, and equipment and leased or rented on an individual basis.
SIGNAny device (whether or not permanent, mobile or portable), structure, or object that provides visual communication to others, including billboards. The word sign shall not include:
a. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants, or other identification of premises not having commercial connotations.
b. Flags, signs, and insignia of any government, public, semipublic, civic, political, charitable or religious groups, except when displayed in connection with any commercial promotion.
c. Legal notices, identification, informational or directional signs erected or required by governmental bodies.
d. Integral decorative or architectural features of buildings except letters, trademarks, moving parts, or moving lights.
STORYThat portion of a building, included between the surface of any floor and the surface of the floor next above it, and if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREETAny approved and improved travelled way which is an existing State, county or local municipal roadway, or a street or way shown upon a plat heretofore or hereafter approved pursuant to law or approval by official action, or a street or way on a plat 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 lands between the street lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For purposes of this chapter, streets shall be classified as expressways, arterial streets or roads, collector streets or roads, or local streets or roads, such classification to be determined by the Planning Board.
STREET LINEThe dividing line between a lot and the street right-of-way, at the end of any street, except a cul-de-sac approved in accordance with the Technical Standards Ordinance, frontage shall be measured parallel to the street line or any extension thereof.
STRUCTUREAnything built, constructed or erected with a fixed location on or below ground or attached to something having a fixed location on the ground including, but not limited to, buildings, radio and television towers and antennae, utility poles and towers, fences, signs, swimming pools and shelters, but excluding walks, walkways, parking areas, driveways, streets and roads.
SWIMMING POOLAny structure designed for swimming or wading having a depth greater than two feet and a length or diameter greater than ten feet.
TRANSITIONAL LOTThe first residentially zoned lot (or lots in common ownership) having a side yard adjoining the side line of a lot in a Highway Commercial or Neighborhood Commercial zone fronting on the same street, and extending into the residential zone no more than two times the minimum lot frontage of the residential zone in which the lot is located.
USEAny purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
WAREHOUSE, WHOLESALE, STORAGE OR DISTRIBUTION USEA commercial enterprise located in a building or group of buildings primarily used for the storage, transfer and/or distribution of goods, products and/or materials and where such articles are not otherwise used on the premises, such as in storage areas when part of a scientific, research or manufacturing facility. Such facilities shall not include buildings primarily used as computer digital data centers.
YARDAn open space which lies between a principal or accessory building or buildings and the nearest landscape buffer, where a landscape buffer is required, or the nearest lot line where no landscape buffer is required and which is unoccupied and unobstructed from the ground upwards.
a. YARD, FRONTA yard extending the full width of the lot between a principal building and the front lot line. The depth of the front yard shall be measured at right angles to the front lot line. On a corner lot, each yard abutting a front lot line shall be a front yard.
b. YARDS, REARA yard extending across the full width of the lot and lying between the rear line of the lot or the landscape buffer if required, and the nearest line of the principal or accessory building. The depth of a rear yard shall be measured at right angles to the rear lot line to a point in the rear building line nearest to the rear lot line or landscape buffer if required.
c. YARD, SIDEA yard lying between the side line of the lot or landscape buffer if required and the nearest line of the principal or accessory building extending from the front yard to the rear yard. The width of a side yard shall be measured at right angles to the side line of the lot.
ZERO LOT LINE HOMEA detached dwelling on one lot or within a lot held in common ownership. One wall of the dwelling can be located on a side property line. Side, rear or front yards may be enclosed by walls or form visually private outdoor spaces or yards. An easement for maintenance of the adjoining lot is one of the requirements of this type of construction. Windows on the lot line side of the dwelling are prohibited.