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Greenwich Township City Zoning Code

§ 16-3.3

Definitions.

[Ord. No. 1/31/77 A.III § 3.3; Ord. No. 1989-8; Ord. No. 1990-11 § 2; Ord. No. 1992-8; Ord. No. 1993-10 § 1; Ord. No. 1994-6; Ord. No. 1996-11; Ord. No. 1996-12; Ord. No. 1998-18; Ord. No. 1999-1; Ord. No. 2001-1; Ord. No. 2005-19; Ord. No. 2006-12; Ord. No. 2008-08 § 2]
Certain words and terms in this chapter are defined for the purposes thereof as follows:
ACCESSORY USE OR BUILDING
A subordinate use of building, the purpose of which is incidental to that of a main use or building on the same lot.
ADULT ENTERTAINMENT USE
An establishment consisting of, including or having the characteristics of any or all of the following:
a. 
ADULT BOOKSTOREAn establishment having a substantial or significant portion of its stock-in-trade in books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
b. 
ADULT CABARETAn establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; or a cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.
c. 
ADULT MOTION-PICTURE THEATERAn establishment used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
AFFORDABLE
Having a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4, or for housing developed in accordance with the third-round rules of the New Jersey Council on Affordable Housing, as defined by N.J.A.C. 5:94-7.
AFFORDABLE UNIT
A housing unit in the Township, the sales or rental of which is established in accordance with this section and which shall be sold to a low- or moderate-income family in accordance with this chapter.
AGRICULTURAL SALES/FARM STANDS
Sales of farm products to be conducted from a portable or permanent structure not exceeding 400 square feet in area, under the following conditions:
a. 
Only farm produce maybe sold.
b. 
Farm produce shall be limited to plant material and crops harvested from plants.
c. 
At least 50% of the produce must be grown or raised on the property or in the immediate region.
d. 
Any processed (frozen, canned, etc.) food for sale must have been grown or raised on the property or in the immediate region.
e. 
Access to the tract must be controlled by physical means to limit access to two points. The access points shall be no more than 24 feet wide.
f. 
Sales buildings or stands shall comply with the minimum setback requirements of the district.
g. 
Parking. No less than one off-street parking space for each 200 square feet of building floor area or a minimum of four spaces, whichever is greater. All parking shall be provided behind the legal right-of-way.
ALLEY
Any public or private way less than 50 feet in width unless such way existed prior to the passage of this chapter in which case any public or private way which is less than 30 feet in width.
AUTOMOBILE WRECKING
See Junkyard.
BASEMENT
A story partly underground and having more than 1/2 of its height above ground.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA
That central portion of any lot lying between required yards and/or setback lines.
BUILDING HEIGHT
The vertical distance measured from the mean elevation of the finished grade along the front of the building to the highest point of the roof for flat roofs; to the mean height level (between the eaves and ridge) for gable and hipped roofs; to the deckline for mansard roofs.
CANNABIS CULTIVATOR
Any person or entity holding a Class 1 Cannabis Cultivator license issued by the State of New Jersey that grows, cultivates, or produces cannabis in the State of New Jersey, 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 4-15-2021 by Ord. No. 103-2021]
CANNABIS DELIVERY
The transportation of cannabis items and related supplies to a consumer. "Cannabis delivery" also includes the use by a licensed cannabis retailer of any third party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer.
[Added 4-15-2021 by Ord. No. 103-2021]
CANNABIS DELIVERY SERVICE
Any person or entity holding a Class 6 Cannabis Delivery license issued by the State of New Jersey 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 4-15-2021 by Ord. No. 103-2021]
CANNABIS DISTRIBUTOR
Any person or entity holding a Class 4 Cannabis Distributor license issued by the State of New Jersey that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports 40 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 4-15-2021 by Ord. No. 103-2021]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
[Added 4-15-2021 by Ord. No. 103-2021]
CANNABIS MANUFACTURER
Any person or entity holding a Class 2 Cannabis Manufacturer license issued by the State of New Jersey, 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 4-15-2021 by Ord. No. 103-2021]
CANNABIS RETAILER
Any person or entity holding a Class 5 Cannabis license issued by the State of New Jersey 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 4-15-2021 by Ord. No. 103-2021]
CANNABIS WHOLESALER
Any person or entity holding a Class 3 Cannabis Wholesaler license issued by the State of New Jersey 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 4-15-2021 by Ord. No. 103-2021]
CELLAR
A story partly underground which has less than half of its height above ground level.
COMMON OPEN SPACE
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNITY RESIDENCE
A community residence for the developmentally disabled and community shelter for victims of domestic violence, as defined under the Municipal Land Use Law (N.J.S.A. 40:55D-66.1 and 40:55D-66.2), that contain less than six occupants, excluding resident staff, subject to the following conditions:
a. 
The community residence for the developmentally disabled and/or community shelter for victims of domestic violence is not located within 1,500 feet of an existing such residence or shelter.
b. 
If the number of persons, other than resident staff, within all such residences or shelters in the Township does not exceed 50 persons.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization therefor by the Land Use Board.
[Amended by Ord. No. 2014-02]
CORNER LOT
A lot at the junction of, or a lot having frontage on two or more intersecting streets; or a lot bounded continuously on two or more sides by the same street.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DENSITY AVERAGING
The development regulation which permits the developer the right to develop portions of the PD at densities greater than the overall density so long as the development of the entire PD does not exceed the overall density.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
DRIVEWAY, PRIVATE
A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.
DWELLING UNIT
A room, or suite of two or more rooms, which is designed for, intended for or occupied by one family or household living as an independent unit doing its own cooking.
DWELLING UNITS, MARKET-RATE
Housing units not restricted to low- and moderate-income households that may sell at any price determined by a willing seller and a willing buyer.
DWELLING, CONDOMINIUM
A building or group of buildings In which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional undivided basis.
DWELLING, DUPLEX
A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall with each unit having direct access from the outside.
DWELLING, MULTIFAMILY
A building containing a minimum of three dwelling units and not exceeding three stories or 35 feet in height.
DWELLING, PATIO HOME
A detached dwelling located on the side lot line to offer one larger side yard rather than two smaller side yards if the building were sited toward the center of the lot (zero lot line).
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied exclusively by one-family or dwelling unit.
DWELLING, TOWNHOME
A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit, located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.
DWELLING, TWO-FAMILY
A detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
ECHO UNIT or ELDER COTTAGE HOUSING OPPORTUNITY UNIT
Separate and detached living quarters, accessory to a principal residence for the exclusive use and occupancy by elderly persons, at least one of which shall be related by blood or marriage to the owner of the lot and one of which shall be of an age 55 years or older and located upon the same lot as the principal residence.
FAMILY
One or more persons living as a single, nonprofit housekeeping unit as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.
FAMILY DAY-CARE HOME
A family day-care home as permitted under the Municipal Land Use Law (N.J.S.A. 40:55D-66.5b), i.e., the private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.).
FARM MANAGEMENT UNIT
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures, and facilities, producing agricultural or horticultural products, and operating as a single enterprise.
[Added by Ord. No. 2011-09; amended by Ord. No. 2012-06]
FARM-SCALE RENEWABLE ENERGY GENERATING FACILITY
A ground-mounted renewable energy generating facility which is rated to generate no more than two megawatts (2 MW) of electricity and which constitutes an accessory use on agriculturally assessed land and which occupies no more than 10 acres of total land area.
[Added by Ord. No. 2011-09; amended by Ord. No. 2012-06]
FARMING
Agricultural activity or the raising of livestock or small animals as a major source of income and if conducted upon a lot or plot, in a single ownership of not less than five acres in area.
FLOOR AREA
For the purpose of computing floor area in determining minimum residential floor area, the area of all floors computed by measuring the inside dimension of the outside walls in a building, excluding the floors of the following: crawl spaces, cellars, porches, breezeways, patios, terraces, garages, and carports. The floor area of a second floor room or attic shall be included if the ceiling height is at least seven feet, notwithstanding that the room or attic has minor ceiling slopes, provided that these walls are at least five feet in height.
For the purpose of computing off-street-parking requirements and floor area ratio, floor area shall be defined as the area of all floors computed by using the dimensions of the outside walls of a building, excluding the basement area only if it is used for storage or mechanical equipment for heating and ventilation and not devoted to the principal use of the building, and also excluding any floor area devoted to off-street parking or loading facilities including aisles, ramps and maneuvering space.
GARAGE
Building used for housing or storing of self-propelled motor vehicles or unit portions thereof designed for use on public highways.
a. 
GARAGE, PRIVATEA garage intended for, or used by, the motor vehicles of the families resident upon the premises.
b. 
GARAGE, PUBLICAny garage not included within the definition of a private garage.[1]
GRID-SCALE RENEWABLE ENERGY GENERATING FACILITY
A renewable energy generating facility which is rated to produce greater than two megawatts (2 MW) of electricity and which constitutes a principal use on the property.
[Added by Ord. No. 2011-09; amended by Ord. No. 2012-06]
HOME OCCUPATION
A customary personal service occupation, such as dressmaking, millinery, home cooking, hairdressing, crafts, appliance repairs, carpentry, word processing and activities found of a like or substantially similar character or nature by either the zoning officer, to whom original application for a zoning clearance permit shall be made, or by the Land Use Board, in the event the application shall require site plan review and approval as provided for in Subsection 14-2.1 of Chapter 14, Site Plan Review. Such home occupation shall be conducted either within the principal dwelling house located upon the lot, in which case it shall not occupy more than the equivalent of 1/2 of the area of one floor of said dwelling house or 500 square feet, whichever is less, or within an accessory building located upon the same lot with the principal residence, in which case same shall not occupy more than 500 square feet of floor area of such accessory building. Such use shall be clearly secondary or accessory to the residential use of the principal residence located upon the lot. Not more than two persons shall be employed in the home occupation use, which persons so employed shall be residents of the principal dwelling house located upon the lot upon which the home occupation is proposed to be established. No display of products made or sold from the subject premises shall be visible from the street and no stock-in-trade shall be kept. The retail sales of goods or the providing of services in structures designed or altered to make such use the principal use of any structure shall not be considered to be a home occupation under the terms of this chapter. No machinery, equipment or operation shall cause interference with radio or television reception or other forms of electrical disturbance in the immediate area, create any noise which is discernible beyond the limits of the property nor produce any gas, fumes, dust, odors or other air pollutants, heat or movement of air. No clients or customers shall be received on a regular or scheduled basis if same would involve more than one client or customer at any one time. Except for permitted signs as otherwise provided for, there shall be no physical evidence of the use visible from the exterior of the building so devoted.
[Amended by Ord. No. 2014-02]
IMPERVIOUS SURFACES
Those surfaces which do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete, asphalt and packed stone or gravel shall be considered impervious surfaces within this definition. In addition, other areas determined by the Municipal Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.[2]
JUNKYARD
The use of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery or parts thereof, provided, however, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural or industrial use permitted in any zone. The term "junk yard" as herein defined includes automobile wrecking yards.
LAND USE BOARD
Land Use Board as established under Chapter 13.
[Amended by Ord. No. 2014-02]
LARGE FULFILLMENT DISTRIBUTION CENTER
A large format regional fulfillment facility having a minimum gross floor area from 150,000 to more than 500,000 square feet and may be dedicated to e-commerce supply chains that pick and pack incoming orders (i.e., items/parcels) from shelves for individual delivery in order to "fulfill" individual online orders. They are short-term storage-based (holding a very high range of goods) but also rely on a high level of throughput and receive, pick, pack, kit, label, and deliver products to people's doorsteps in delivery trucks and vans. The buildings would include cross-docking functions, whereby palletized freight is moved across the distribution center to another truck to complete the rest of its journey. Characterized as having little or no storage function due to the perishable nature of many goods being shipped, such as food (including refrigeration and heated) and includes fabrication functions (e.g., sorting and packaging before final delivery), cold storage and refrigeration functions, break-bulk functions, whereby palletized freight or boxed goods are completely broken down so that a customer can receive a smaller quantity to their exact specifications.
[Added 10-19-2023 by Ord. No. 113-2023]
LAST-MILE FULFILLMENT CENTER
A fulfillment center/facility or station that primarily serves local markets having a minimum gross floor area from 50,000 to more than 150,000 square feet. Last-mile fulfillment centers also include micro/small fulfillment centers of 3,000 to more than 25,000 square feet. Last-mile fulfillment centers provide the final leg of delivery rather than a literal measurement of distance. They serve either consumers, individual households (for online shopping), or the retail stores they shop at (for traditional retail). Last-mile delivery hubs may be smaller compared to distribution centers, but truck and van trips are high, as are the parking requirements necessary to accommodate hundreds of employees, delivery vans, and trucks, and require a larger parking lot (impervious surface) footprint than other warehouse operations.
[Added 10-19-2023 by Ord. No. 113-2023]
LIGHT MANUFACTURING
The making of goods by hand or by machine through mechanical or chemical transformation of materials or substances into new products, including machining, casting and molding, joining and shearing and forming that are intended to be sold to customers upon completion. Items used in manufacturing may be raw materials or component parts of a larger product. All manufacturing occurs indoors. Light manufacturing does not include such activities or materials create no major hazard from fire or explosion or produce no toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.
[Amended 10-19-2023 by Ord. No. 113-2023]
LOT
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.
LOT AREA
The total horizontal areas included within lot lines. Where the front lot line is the center line of a street or lies in part or in whole in the street area, the lot area shall not include that part of the lot in use or to be used as the street.
LOT DEPTH
The shortest horizontal distance between-the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, providing that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than 10 feet in length measured between its intersections with the side lot lines.
LOT FRONTAGE
That portion of a lot extending along a street line. In odd shaped or triangular shaped lots the length of the frontage may be considered to be the same as the lot width except that such length of frontage shall not be less than 1/2 of any minimum frontage herein required and that the actual length of the street line shall be not less than 50 feet.
LOT WIDTH
The horizontal width measured at right angles to the lot depth.
LOW-INCOME FAMILY
A family whose gross aggregate income is no greater than 50% of the median income of the region, with adjustments for smaller and larger families. The Township shall qualify prospective purchasers of affordable units as "low-income families" prior to a developer selling an affordable unit to a prospective purchaser.
MAJOR DISTRIBUTION CENTER
A large-scale regional and/or interstate distribution facility having a minimum gross floor area from 500,000 to more than 1.5 million square feet. It is transit hub for large quantities of bulk goods that do not require finishing or individual packing, as they are temporarily stored on palettes before being shipped.
[Added 10-19-2023 by Ord. No. 113-2023]
MAXIMUM GROSS DENSITY RATIO
The ratio between the number of dwelling units located or proposed to be located on a lot and the gross area of the lot, including all lands within the lot used or proposed to be used for roads or any other purpose. The ratio is determined by dividing the number of dwelling units by the gross site area. This is the maximum density permitted on the lot.
MAXIMUM IMPERVIOUS COVERAGE
Is the maximum amount of impervious cover permitted on a lot or tract area and which is a measure of intensity of use of a piece of land and which is expressed as a ratio between the amount of impervious surface located on a lot or tract area and the gross area of that lot or tract area, including all lands within a tract used or proposed to be used for roads or any other purpose. Maximum impervious coverage is measured by dividing the total area of all impervious surfaces within the site by the gross site area.
MET TOWER
A meteorological tower used for gathering atmospheric information, such as wind speed and direction.
[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]
MINIMUM OPEN SPACE RATIO
The ratio between the amount of open space located within a lot or tract area and the gross area of the lot, including all lands within the lot used or proposed to be used for roads or any other purpose. The ratio is determined by dividing the amount of open space by the gross site area. This is the minimum open space that must be provided on the lot or tract area.
MODERATE-INCOME FAMILY
A family whose gross aggregate income is no greater than 80% and not less than 50% of the median income of the region, with adjustments for smaller and larger families. The Township shall qualify prospective purchasers of an affordable unit as "moderate-income families" prior to a developer selling an affordable unit to a prospective purchaser.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was lawful prior to the adoption of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reasons of the adoption of this chapter.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of the adoption of this chapter.
NURSING HOME
Any building in which more than one room or an area exceeding 400 square feet is used for the accommodation, reception or treatment of the aged or sick who are residents therein, excluding members of the resident family.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.
PARKING AREA
An open area, other than a street, driveway or public way, used for the parking of motor vehicles and available for public use whether for a fee or as a service or privilege for clients, customers, suppliers, or residents.
PARKING SPACE
Accommodation for off-street parking of motor vehicles which shall have a rectangular area of at least 200 square feet, exclusive of access drives or aisles, at least 10 feet in width and 20 feet in length.
PLANNED DEVELOPMENT or PD
An area with a specified minimum contiguous acreage of 100 acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.
PLANNED DEVELOPMENT SINGLE-FAMILY or PDSF
An area with a specified minimum contiguous acreage of 50 acres or more to be developed as a single entity according to a plan containing one or more residential clusters, or public or quasi-public uses all primarily for the benefit of the residential development.
PLANNED NEIGHBORHOOD CONVENIENCE SHOPPING CENTER
A shopping and service center, of 100,000 square feet or less, planned and developed as a unit, designed to meet consumer demands from local population or from the population of immediately adjacent areas or from employees working in the surrounding area. The primary functional offering will be exemplified by a mix of small retail and service-oriented uses, each use not greater in size than 15,000 square feet, except in the case of a supermarket which may exceed 15,000 square feet. Such uses shall typically be characterized as containing a supermarket with associated satellite retail and service oriented stores. This center may also include small offices or other small-scale permitted uses.
PLANNED REGIONAL SHOPPING CENTER
A retail establishment or any combination of retail establishments in a single building, or in a series of multiple buildings designed as a single retail center, designed to serve primarily regional retail needs, occupying, in total, more than 100,000 square feet.
PRESERVED FARM RENEWABLE ENERGY GENERATING FACILITY
A ground-mounted renewable energy generating facility which constitutes an accessory use on a preserved farm and which shall be permitted at a scale not to exceed 110% of the previous year's energy demand for the farm management unit or 1% of the total acreage of the farm management unit, whichever is greater. In no case shall a facility be rated to generate more than two megawatts (2 MW) of electricity.
[Added by Ord. No. 2011-09; amended by Ord. No. 2012-06]
PROFESSIONAL OFFICE
The office of a member of a recognized profession. When conducted in a residential district, a professional office shall be incidental to the residential occupation, shall be conducted by a member of the residential family entirely within a residential building and shall include only the offices of doctors or physicians, dentists, architects, landscape architects, professional engineers, lawyers and such other similar professional occupations which may be so designated by the Land Use Board upon finding by such Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof, and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to a greater extent than the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.
[Amended by Ord. No. 2014-02]
RENEWABLE ENERGY FACILITY
A facility and all associated equipment that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.
[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESIDENTIAL-SCALE RENEWABLE ENERGY GENERATING FACILITY
A renewable energy generating facility which is rated to generate no more than 10 kilowatts (10 kW) of electricity and which constitutes an accessory use to a principal residential or commercial use.
[Added by Ord. No. 2011-09; amended by Ord. No. 2012-06]
ROADWAY
a. 
MAJORA collector without parking.
b. 
MINORA local residential street without parking.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]
RURAL ESTATE RESIDENCE
A single-family detached residence with the following characteristics:
a. 
A minimum lot size of 10 acres shall be required.
b. 
No natural resource mapping or site capacity calculations shall be required.
c. 
The rural estate residence can have frontage on a private road, provided that the road meets the standards for private roads provided in this chapter.
d. 
A deed restriction prohibiting further subdivision of at least 10 acres shall be required.
e. 
Parking. A minimum of two off-street parking spaces per unit shall be provided.
SCHOOL, PUBLIC/PRIVATE
A school shall include a private school, religious or nonreligious, and a public school which is not conducted as a private, gainful business and is licensed under the proper governmental authority. Where a school is licensed by the State of New Jersey as an accredited elementary or secondary school, such school may include on-site housing for students, resident faculty and support staff. All schools shall meet the minimum requirements for the zone they are in, and, where applicable, meet the requirements of Subsection 16-19B.7
SETBACK LINE
A line within any lot, usually marking the limits of a required yard space, parallel to any street line, between which no building, or portion thereof, may be erected except as provided in this chapter.
SINGLE-FAMILY DETACHED OPEN SPACE COMMUNITY
A single-family detached open space community use, including single-family detached dwellings on individual lots that are clustered to preserve open space, provided that:
a. 
All single-family detached dwelling units shall include front, rear and side yards.
b. 
Parking. No less than two off-street parking spaces shall be provided on any lot on which a dwelling is hereafter erected.
SMALL WIND ENERGY SYSTEM
A wind energy system, as defined in this section, that is used to generate electricity, has a nameplate capacity of 20 kilowatts or less, and is as high as necessary to capture the wind energy resource at a maximum of 150 feet in height.
[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]
STORY
That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. No story shall be deemed to be a first story if its floor level is more than six feet above the level from which the height of the building is measured.
STORY, HALF
A story of which any two exterior sides meet a sloping roof not more than two feet above the floor of such story or that portion of any structure herein defined as a basement.
STREET
A public thoroughfare not less than 30 feet in width if in existence prior to the passage of this chapter, nor less than 50 feet in width if established since the date of passage of this chapter, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley.
STREET LINE
The dividing line between the lot and the street. Where the lot line is the center line of a street, or lies in part or in whole in the street, the lot, as referred to in this section, shall not include that part of the lot which constitutes part of the street.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the utility system or mechanical equipment of a structure which materially alters its usability, capacity or function.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of the parcel of land. The term "structure" shall not apply to service utilities entirely below ground.
SWIMMING POOL, PRIVATE
A noncommercial swimming pool as an accessory use to a residential dwelling designed to contain a water depth of 24 inches or more.
TELECOMMUNICATIONS ANTENNA
Any antenna for the receiving and/or sending and/or relaying of wireless telephone communications or data to or from any wireless telephone, computer, radio, microwave dish or other device, whether cellular, digital, analog or by any other technology.
TELECOMMUNICATIONS TOWER
Any tower, steeple, pole, or other vertical structure designed to support a telecommunications antenna or telecommunications antennas.
USE
The purpose for which land or a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained.
WAREHOUSE
A building used for storing goods and materials in inventory for extended periods of time and releasing them on demand. Warehouses also include multitenant facilities that are usually rented through short to medium-term leases.
[Added 10-19-2023 by Ord. No. 113-2023]
WIND ENERGY SYSTEM
A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]
WIND GENERATOR
Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanism.
[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]
WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic technologies, whether such a facility or structure is a principal use, a part of the principal use, or an accessory use or structure.
[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]
YARD
An open space, as may be required by this chapter, of uniform width or depth on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground level upward except as herein permitted.
YARD, FRONT
A yard extending across the full width of the lot and lying, between the front or street line of the lot and the nearest wall or part of the building. The depth of the front yard shall be measured at right angles to the front line of the lot. (See Diagrams at the end of this chapter)
Any lot abutting a street which is less than 50 feet in width shall be construed as having a front street property line or side street property line located 25 feet from the center line of said street. Notwithstanding the foregoing, any lot abutting a street shown as greater than 50 feet on the Master Plan or Official Map shall provide a front yard or side street setback measured from the right-of-way required therein.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest wall or part of the building such as a porch, deck or patio so that the space lying in between is unoccupied and unobstructed from the ground upward. The depth of the rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth. (See Diagrams at the end of this chapter)
YARD, SIDE
An open unoccupied space between the side line of the lot and the nearest wall or part of the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front 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. (See Diagrams at the end of this chapter)
[1]
Editor's Note: The former definitions of “garden apartment” and “garden apartment development,” which immediately followed this definition, were repealed 4-18-2019 by Ord. No. 107-2019.
[2]
Editor’s Note: The former definition of "industrial," which immediately followed, was repealed 10-19-2023 by Ord. No. 113-2023.