[1999 Code § 17.04.050; Ord. No. O.1485-2006§ 2; Ord. No. O.1515-2006§ 1]
As used in this chapter:
ACCESSORY APARTMENTMeans a separate living unit, as defined by the New Jersey Uniform Construction Code, whether or not individual utilities or access (doorways) are provided.
ACCESSORY USE OR BUILDINGMeans a subordinate use or building, the purpose of which is incidental to that of the main use or building on the same lot.
ADMINISTRATIVE OFFICERMeans the person designated by the appropriate department director, pursuant to State Statute and Township ordinance.
APPROVED STAIRWAYMeans a permanent access, conveyance, either fixed or mechanically operated that allows for the uninterrupted ingress and egress from or to a space within a structure. Manual pull down stairs or openings requiring the placement of a ladder device for access are not considered an approved stairway.
AREA, BUILDING—BUILDING AREAMeans the total of areas of outside dimensions on a horizontal plane at the main grade level of the principal building and all accessory buildings.
ATTICMeans that part of a building that is immediately below and wholly or partly within the roof framing not served by an approved stairway for ingress and egress.
AUTOMOBILE OR TRAILER SALES AREAMeans an open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
AUTOMOBILE SERVICE STATION or FILLING STATIONMeans a building or place of business where gasoline, oil and grease, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade at retail. See definition of "gasoline station" which appears herein.
AVERAGE ALIGNMENTMeans a distance which is the total setback distance of all buildings within two hundred (200) feet on each side of the lot and within the same block and on the same side of the street, divided by the total number of houses included within that distance.
BASEMENT AND CELLARA basement shall be a story of a building partially below grade but having more than half its cubic volume above grade, and a cellar shall be defined as a story of a building partially below grade and having more than half its cubic volume below grade.
BOARDINGHOUSEMeans a structure containing two (2) or more rooming units. See "rooming unit."
BUFFER AREAMeans an open unoccupied area primarily intended to restrict a clear view, beyond which no improvement is located except for a driveway to provide property access.
BUILDINGMeans any structure having a roof supported by columns, including dining cars, camp cars or other structures on wheels or other supports.
BUILDING HEIGHTMeans the vertical distance measured to the highest point of the building from the original lot grade on a site plan, subdivision plan, or other plan approved by the appropriate approving authority. The vertical distance shall be the average measured along the perimeter of the building, measured at a minimum of four (4) corners of the structure.
DAY-CARE CENTERMeans a facility designed for and/or used for the care of more than three (3) preschool children who do not live at the site. All such facilities shall be required to be licensed by the New Jersey Department of Community Affairs or by the Edison Township Department of Health and Human Services, as applicable.
DECKMeans any extended horizontal accessory structure [not covered by any type of roof] serving as a floor which covers, partially or fully any portion of the lot area of a particular lot or track, so long as such floor is pervious. A deck which is over two (2) feet above grade shall be subject to the principle building set back requirements of this chapter. See also subsection
37-4.16 for deck maximum lot coverage requirements.
DRIVEWAYMeans a paved unoccupied space providing access to property and parking spaces and is accessory to the use.
DWELLING UNITMeans a permanent building or portion thereof providing sleeping room(s), bathroom(s) and kitchen facilities for the use of one (1) or more persons. "Dwelling units" shall be differentiated one from the other as follows:
a. Dwelling, Single-Family. Single-family dwelling means a detached building designed for or occupied exclusively by one (1) family.
b. Dwelling, Townhouse. Townhouse dwelling means more than one (1) single-family dwelling contained in a building, wherein each dwelling unit shall have private parking, storage space and individual systems and utilities.
c. Dwelling, Two-Family. Two-family dwelling means a building designed for or occupied exclusively by two (2) families living independently of each other.
d. Dwelling, Multifamily. Multifamily dwelling means a building used or designated as a residence for three (3) or more families living independently of each other and doing their own cooking therein, including apartment houses but not including motels.
ENTERTAINMENTMeans any activity of a cultural, artistic or sporting nature, or special talent, skill or unique ability demonstrated by a person or persons for the purpose of enjoyment and/or diversion by the public at large performed in a specific venue. In no way shall entertainment cater to prurient interests, be unlawful or of a pornographic nature.
FAMILYMeans one (1) or more persons related by blood or marriage living together in a single housekeeping unit, or a collective number of persons living together in one (1) house whose relationship is of a permanent and distinct domestic character, and cooking as a single housekeeping unit. This definition shall be deemed to include maids, servants or other employees of one (1) or more members of the family.
FARMMeans land consisting of five (5) acres or more on which produce, crops or flowers are grown for profit.
FLOOR AREAMeans the calculated surface area of all floors within a building, excluding cellars.
FREESTANDING TELECOMMUNICATION TOWERMeans any structure upon which there is located any devices which are used for the transmission and reception of wave frequencies for the purpose of any wireless communication [e.g. telephone, radio, internet, paging and/or television]. "Freestanding telecommunication tower" shall not be considered a "public utility."
GENERAL DEVELOPMENT PLANMeans a comprehensive plan for the conceptual design and layout of a planned development for a tract of land more than one hundred (100) acres in size as provided in N.J.S.A. 40:55D-45.2.
GRANDFATHER CLAUSEPursuant to the provision of N.J.S.A. 40:55D-5, means any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied and, subject to the provisions of the Code of the Township of Edison, any such structure may be restored or repaired in the event of partial destruction thereof.
HABITABLE ATTICMeans an attic in a residential dwelling unit that has a stairway as a means of access and egress from the residential story below and in which the ceiling area at a height of at least seven (7) feet above the attic floor is no more than one-third (1/3) of the floor area of the residential story below. A habitable attic shall not constitute a story unless it exceeds the limits of the definition herein set forth.
HISTORIC SITEMeans as defined by the Office of New Jersey Heritage.
HOME OCCUPATIONMeans an accessory use conducted entirely within a dwelling by the residents of the dwelling, provided that such use shall be limited to twenty-five (25%) percent of the total floor area of the building. Any advertisement shall be demonstrative of the existence of a home occupation at the address cited within such advertisement.
HOME-BASED OCCUPATIONMeans an activity conducted for profit by residents of a single-family home limited in nature to service and crafts and not resulting in any exterior alteration of the principal residential structure nor residential character of the lot and not including any use which customarily includes clients visiting the site to receive service and advice, such as but not limited to the practice of medicine, dentistry, chiropractic, law, real estate, music studios, dance studios, gymnastics, astrology, automotive repair, appliance repair and any use which generates vehicular traffic to the site in addition to that normally associated with the occupants of the property as a single family.
INDUSTRIAL PARKMeans an area of land twenty-five (25) acres or greater in size having access to an existing or proposed public street consisting of a minimum number of permitted industrial uses individually located on lots of a minimum specified size which have been planned as an integrated development regarding circulation, traffic, parking, utility needs, landscaping, buffering, aesthetics and land use compatibility.
LOTMeans a designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.
a. CORNER LOTMeans a lot at the junction of and fronting on two (2) or more intersecting streets. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
c. DEPTH OF LOTMeans the mean distance between the mean front lot line and the mean rear lot line.
d. WIDTH OF LOTMeans the width of any lot shall be measured along a straight line connecting the points of intersection of the required minimum front setback line and the side lines of the lot.
MINOR SITE PLANMeans a development plan of one (1) or more lots which proposes new development or building alteration or addition of less than one thousand (1,000) square feet of floor area, requiring no more than ten (10) new parking spaces for the proposed development; does not involve coverage by building or impervious lot coverage in excess of that permitted in the Zone Bulk Schedule; and does not involve any planned development, any new street or the extension of any off-tract improvements.
MOTEL/HOTELMeans a use which shall contain at least one hundred (100) sleeping rooms each having its own bathroom. Such use may also contain meeting rooms, office and temporary office space, restaurants and retail-commercial space.
NONCONFORMING USEMeans a use that does not comply with the regulations of this chapter for the zone in which it is located.
OPEN PORCHMeans a roofed piazza, porch or porte cochere which projects beyond the main wall of a building into a yard for which the columns supporting the roof shall present a minimum of obstruction to the view and the circulation of air.
OPEN SPACEMeans any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OVERALL DEVELOPMENT PLANMeans a comprehensive plan for the conceptual design and layout of a planned development for a tract of land having a minimum size of twenty (20) acres and a maximum size of one hundred (100) acres and as further specified elsewhere in this chapter.
PATIOMeans a level, landscaped and or impervious surfaced area, also referred to as a terrace, directly adjacent to a principle building which is less than two (2) feet above grade and not covered by any type of roof. The surface upon which a patio is constructed shall constitute pavement for the purpose of this chapter. A patio which is over two (2) feet above grade shall be subject to the principle building setback requirements of this chapter.
PRIVATE GARAGEMeans a building or space used as an accessory to the main building which provides storage space for motor vehicles and in which no occupation, business or service for profit is carried on.
PUBLIC GARAGEMeans any building, premises or land or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, or where any such vehicles are kept for hire.
RECREATIONAL USEMeans the use of land for leisure time activities, more specifically, the following land uses:
a. Recreation, Commercial—Commercial recreation means recreational facilities operated as a business and open to the general public for a fee.
b. Recreation, Private or Membership—Private or membership recreation means clubs or recreation facilities operated by organizations and open only to bona fide members of such nonprofit organizations.
c. Recreation, Public—Public recreation means recreation facilities operated as a nonprofit enterprise by the Township, other governmental entity or any nonprofit organization and open to the general public.
RESIDENTIAL FLOOR AREA RATIO (RFAR)Means the result of dividing the total floor area of the residential dwelling (excluding basements and attics, but including garages) by the total land area of the lot.
RESTAURANTMeans any establishment, however designated, at which food is sold for consumption on the premises, but normally to patrons seated within an enclosed building, excluding drive-in restaurants. For purposes of this definition, the word "diner" shall be synonymous with the word "restaurant."
RESTAURANT, DRIVE-IN—DRIVE-IN RESTAURANTMeans:
a. An establishment where patrons are served food, soft drinks, ice cream and similar confections, inclusive of refreshment stands commonly called "snack bars," "dairy bars," "hamburger stands" or "hot dog stands" or similar uses where customers and patrons are served food, soft drinks or ice cream primarily for their immediate consumption outside the confines of the building or structure in which the business is conducted, regardless of whether seats or other accommodations are provided for the patrons thereto.
b. No such use shall include drive-through window(s) or other physical appurtenances designed or used to service customers outside of the principal structure.
ROOMING HOUSEMeans a building or rooming unit wherein occupants are furnished shelter by the owner or his agent. The term "rooming house" shall include boardinghouse, tourist home and hostel.
SETBACK LINEMeans a line delineating the limits of a yard as defined herein.
SHOPPING CENTERMeans a structure used for retail sales having a gross square foot area of seventy-five thousand (75,000) square feet or more.
SIGNIncludes every billboard, ground sign, wall sign, roof sign, sign painted on the exterior surface of a building structure, illuminated sign, projecting sign, temporary sign, awning and canopy sign and any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person, firm or corporation when the same is placed out of doors in view of the general public.
SITEMeans a parcel or portion or other division of land which may reasonably be separated from other parcels or portions of land by description and which is used or is intended to be used for a separate use, lease, tenancy or occupancy.
STREET LINEMeans the dividing line between the public right-of-way and a lot.
STRUCTURAL ALTERATIONMeans any change in the structural members of a building, such as walls, columns, beams or girders.
STRUCTUREMeans anything constructed the use of which requires permanent location on the ground or attachment to something having permanent location on the ground, including stationary and portable carports.
TEMPORARY SIGNMeans a sign authorized by this chapter and regulated by Section
37-62. All banners, inflatables and the like shall be classified as temporary signs and require permits.
TOWNHOUSE DEVELOPMENTMeans dwellings developed as a single entity in which individual dwellings and associate lots if applicable have a common or public open space as an appurtenance, and further provided that no more than fifty (50%) percent of all townhouse units contained within the "townhouse development" shall occupy air space one above the other as defined in N.J.S.A. 46:8-1 et seq., and further provided that wherever a unit is proposed to occupy air space above another, a noise and fire barrier between the two units shall be provided.
TRAILERMeans a piece of apparatus or equipment designed to be hauled, pulled or moved by a motor vehicle and not classified as a structure.
TRANSFER STATIONMeans a facility licensed by the Board of Public Utilities which license shall be subservient to the Zoning Regulations of Edison Township.
TRANSPORTATION FACILITYMeans any building, structure or land area which enables the movement of people between one or more modes of transportation. Transportation facilities may provide for the movement of goods ancillary to passenger transportation but shall not involve freight transhipment as a primary function. Such facilities may include, but not be limited to, bus terminals, taxi stands, train stations or private charter services.
TRUCK DEPOTMeans any building, structure or land area used for the storage of trucks including facilities utilized for the repair and maintenance of such vehicles, but where no transshipment of freight occurs.
TRUCK TERMINALMeans an area and buildings where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. Truck terminals are transshipment facilities which include ancillary storage facilities and parking areas for trucks awaiting cargo and may include facilities for servicing of trucks.
USEMeans the specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
USED CAR LOTMeans any place out of doors where two (2) or more motor vehicles in operating condition are displayed or offered for sale.
VARIANCEMeans a departure from the terms of this chapter.
WAREHOUSEMeans a facility designed for the storage of goods and materials and having restricted access to the general public. Such use shall not include repackaging or assembly of products.
YARDMeans an open space located between the setback line and the nearest lot line and which is unoccupied and unobstructed from the ground upward except as herein permitted.
a. YARD, FRONT—FRONT YARDMeans an open space extending across the full width of the lot between the front setback line and the front lot line and which is unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
b. YARD, REAR—REAR YARDMeans a yard extending across the full width of the lot and between the rear line of the lot and the rear yard setback line. The depth of the yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then in the general direction of its side lot lines.
c. YARD, SIDE—SIDE YARDMeans an open, unoccupied space between the side line of the lot and the side setback line and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot lines as the case may be. The width of a "side yard" shall be measured at right angles to the side line of the lot.
ZONEIncludes the word "district."
ZONING OFFICERMeans an official of the Township and/or any other Township employee who is authorized by this chapter to enforce these regulations.
ZONING PERMITMeans a document signed by the Zoning Officer, which document 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 which acknowledges that such use, structure or building complies with the provisions of this chapter, or variance therefrom duly authorized by a municipal agency pursuant to Sections
39-4 and
39-7. The term "this chapter," when used herein, shall be construed to refer to all sections and subsections of the Edison Township Zoning Regulations, unless otherwise specified.