Definitions. As used in this chapter:
ACCESSORY BUILDINGShall mean a building subordinate to the main building on a lot the use of which is customarily incidental to the use of the main building.
ACCESSORY USEShall mean a use customarily incidental to the principal use of a building or land, such as the office of a professional person, a driveway or a parking area.
ALTERATIONSShall mean, as applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities of an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
AMUSEMENT ARCADEShall mean any business that provides for use by the public, six or more video games, electronic games, pin ball machines, or other similar type games.
ANIMAL HOSPITALShall mean any place where animals are offered medical treatment, boarding, or breeding.
APPLICANTShall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENTShall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plot, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant by law.
AUTO LAUNDRYShall mean a building or premises where automobiles are washed either by automatic equipment or by hand.
BASEMENTShall mean that portion of a building that is partly or completely below grade plane (see "story above grade plan"). A basement shall be considered as a full story above grade where the finished surface of the floor above the basement is more than six feet above the finished ground level for more than 50% of the total building perimeter. Where there is a two car garage located in the basement with minimum dimensions of 22 feet in depth and 26 feet in width, a basement shall be considered 1/2 story. There shall be no installation of walls, berms, fill, or build-up of soil to reduce the height of the building. From the rear line of the building the rear yard may be leveled with walls and fill on both sides and the rear yard thereby splitting the difference equally in grade.
BEAUTY PARLORShall mean any business providing hair cutting, manicures, pedicures, facials, or other cosmetic treatments, or tanning salons.
BLOCKShall mean an area bounded by streets and streams or township boundary lines.
BOARDERShall mean an individual, other than a domestic employee or home health caregiver, who is given lodging in a dwelling unit in exchange for a fee. Ingress and egress to and from the dwelling unit shall be shared by such individual with the housekeeping unit residing in the dwelling unit. Sleeping facilities for such individual shall be located in a room or area within the dwelling unit.
BODY ARTShall mean the practice of physical body adornment in permitted establishments by operators utilizing, but not limited to, the following techniques: (1) body piercing, (2) tattooing, and (3) permanent cosmetics.
BODY ART ESTABLISHMENTShall mean any place or premises, whether public or private, temporary or permanent in nature or location, where the practices of body art, whether or not for profit, are performed.
BODY PIERCINGShall mean the puncturing or penetration of the skin of a person using presterilized, single-use needles and the insertion of presterilized or disinfected jewelry or other adornment thereto in the opening.
BUILDINGShall mean any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the land.
BUILDING COVERAGEShall mean the ratio of the lot area which lies within the outside lines of the exterior walls of principal buildings on the lot to the total area of the lot, expressed as a percentage.
BUILDING HEIGHTShall mean the vertical distance measured from the top of the average curb height in front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the top of the ridge line for gable, hip, and gambrel roofs.
BUILDING, FULLY ENCLOSEDShall mean a building separated on all sides from the adjacent open space or from other buildings or other structures by a permanent roof and by exterior or party walls, pierced only by windows and normal entrance or exit doors.
BULKShall mean the volume and shape of a building or of a nonbuilding use in relation to lot lines, center lines of streets, other buildings and all open spaces appurtenant to a building or a nonbuilding use.
BULK, NONCONFORMINGShall mean that part of a building or nonbuilding use which does not conform to one or more of the applicable bulk regulations prescribing the maximum floor area ratio, maximum height per foot of distance from each lot line, length, or height of building or nonbuilding use, or the minimum lot area per dwelling unit, lot frontage yards, courts, required spacing between detached buildings on the same lot and usable open space on the lot for the district in which such building or nonbuilding use is located.
CONDOMINIUMShall mean an apartment or townhouse building(s) where each dwelling unit is individually owned, while common property is collectively owned and maintained by all residents of the building.
DAY CARE CENTERShall mean any building or part thereof used for the purpose of care for, supervising or babysitting six or more children at any given time. This definition shall not apply to any licensed educational or medical institution.
DRIVEWAYShall mean an open area used as a means to provide vehicular ingress or egress to a property.
DWELLINGShall mean a building or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including one and two family dwellings, and multiple family dwellings, but not including hotels.
DWELLING UNITShall mean living quarters for one housekeeping unit and up to two boarders or roomers. A dwelling shall be self-contained and shall not require the use of outside stairs or common hallways passing through another dwelling unit or other indirect route(s) for access to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.
DWELLING, DETACHEDShall mean a building physically detached from other buildings or portions of buildings, which is occupied or intended to be occupied for residential purposes by one housekeeping unit.
ELECTRONIC SMOKING DEVICE shall mean a device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic Smoking Device includes any component, part or accessory for such a device, whether or not sold separately and includes any substance intended to be aerosolized or vaporized during the use of the device.
[Added 11-3-2022 by Ord. No. 3131-22]
FAMILYShall mean one or more persons, including domestic employees, occupying a dwelling unit and living as a single housekeeping unit.
FLOOR AREA OF BUILDINGShall mean the sum of the gross horizontal areas of the several floors of the building and its accessory buildings on the same lot. The floor area shall include kitchens, closets, bathrooms, basements, hallways, and areas of enclosed roofed porches, terraces, and any other habitable space within the dwelling unit in addition to the area of all other rooms within the dwelling unit. In residential buildings, the areas of an attached garage, cellar, or uncovered patio and decks are excluded. All dimensions shall be measured between the exterior faces of walls.
FLOOR AREA RATIOShall mean the floor area of all buildings on a lot, divided by the area of such lot.
FOOD ESTABLISHMENT, TAKE OUTShall mean any business primarily (50% or more in customer volume) engaged in preparation and/or sale of prepared meals for walk-in or delivery take-outs. This definition will include, but not be limited to, the following businesses: pizza parlors, sub shops, ice cream or cappuccino parlors, or businesses offering other types of American or other ethnic prepared meals for sale. This definition does not include those businesses where take out meal service is ancillary to the primary business, or businesses which sell food products but not prepared meals, such as: supermarkets, delicatessens, bakeries and butchers.
GARAGE, PRIVATEShall mean an enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is rented to a non-resident of the premises.
GARAGE, REPAIRShall mean an enclosed space other than a private garage, available to the public, operated for gain and which is used for repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles.
GARAGE, STORAGEShall mean a garage available to the public, operated for gain, used for storage of motor vehicles.
GARDEN APARTMENT DEVELOPMENTShall mean a development containing two or more multiple family dwelling structures on the same lot or parcel of land.
GASOLINE STATIONShall mean an area of land including structures thereon which is used for the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil and may include in the building facilities for lubricating, washing or otherwise servicing of vehicles but not to include auto body work, nor welding, nor painting, nor the repairing in any manner of buses or of trucks of 1 1/2 ton capacity or more, nor the renting of cars, trailers or trucks.
GRADE PLANEShall mean a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
HOSPITALShall mean a facility for general medical and surgical treatment of patients, for in-hospital or out-patient care, but not to include treatment for drug addiction, alcoholism, mental health disturbances. Anything inconsistent with this definition will not be considered a permitted hospital use.
HOUSEKEEPING UNITShall mean one or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
JUNK YARDShall mean the use of more than 100 square feet of open area of any lot for the deposit, collection, storage, keeping or abandonment of wrecked or inoperative automobiles or other vehicles or parts thereof, waste paper rags, sheet metal, used building materials, house furnishings, machinery or other scrap materials or junk.
LANDINGShall mean the floor at the head or foot of a flight of stairs or a platform between flights of stairs, which shall not exceed 10 feet in length across the front of a residential structure and 50 square feet in area. In the event that such dimensions are exceeded, such floor shall be deemed to be a porch.
LIQUID NICOTINEShall mean any solution containing nicotine, which is designed or sold for use with an electronic smoking device.
[Added 11-3-2022 by Ord. No. 3131-22]
LIQUID NICOTINE CARTRIDGEMeans a liquid nicotine container that is prefilled with Liquid Nicotine and sealed by the manufacturer with the seal remaining permanently intact through retail purchase and use.
[Added 11-3-2022 by Ord. No. 3131-22]
LIQUID NICOTINE CONTAINERShall mean a bottle or other container of a liquid, wax or gel, or other substance containing nicotine, where the liquid or other contained substance is sold, marketed, or intended for use in an electronic smoking device.
[Added 11-3-2022 by Ord. No. 3131-22]
LOADING SPACEShall mean any off-street space not less than 10 feet wide and 25 feet long, surfaced to be available in all weather, suitable for the loading or unloading of goods, and having direct access to a street.
LOTShall mean one or more contiguous parcels of land united by a common interest or use considered as a unit, occupied or designed to be occupied by a principal building or use and its accessory buildings and uses, if any, including the open spaces of such unit of land. It may or may not coincide with the deed description thereof or the tax boundaries of the same as shown on the tax assessment map of the township or a map filed for record or otherwise.
LOT LINE, FRONT or FRONT LOT LINEShall mean that boundary of a lot which is along an existing or dedicated public street, or where no public streets exist is along a public way. The owner of a corner lot may select either street lot line as the front lot line.
LOT, CORNERShall mean a parcel of land two or more boundary lines of which are coincident with street lines which form an interior angle with each other.
LOT, DEPTH OFShall mean the mean horizontal distance between the front and rear lot lines.
LOT, FRONTAGEShall mean the horizontal distance measured along the full length of the front lot line.
LOT, LINEShall mean a boundary line of a lot.
LOT, THROUGHShall mean a lot which runs from one street to another.
LOT, WIDTH OF or LOT WIDTHShall mean the straight line distance between points on opposite side lot lines where the boundary between the front yard and the side yards meet the side lot lines.
MUNICIPAL AGENCYShall mean either the planning board or board of adjustment as the case may be as determined by the applicable powers granted by the Municipal Land Use Act N.J.S.A. 40:55D-1 et seq.
NONBUILDING USEShall mean a use generally a principal use land, to which the buildings on the lot, if any are accessory, such as an advertising sign, trailer camp, or an open storage yard for materials or equipment and on which the buildings, if any, may be used (a) for processing the materials stored in such yard (b) for storage of the more valuable equipment and materials than that generally stored in the open, or (c) as an office or place of shelter for the keeper of the yard.
NONCONFORMING STRUCTUREShall mean a structure which conforms to the use regulations of this chapter but which violates one or more of the applicable bulk regulations; also a structure which occupies a lot which does not meet one or more of the requirements regarding off-street parking or loading, fences, walls or signs.
NONCONFORMING USEShall mean any use of land, buildings or structures which does not comply with all of the regulations of the chapter governing use for the zoning district in which such use is located.
NURSING HOMEShall mean a facility for medical or convalescent care or for long-term care of chronically ill patients but not to include treatment for drug addiction, alcoholism, or mental health disturbances.
OPEN SPACEShall mean an open space area within the development designed and intended for the use or enjoyment of the residents of the development and including such complimentary structures and improvements such as recreation facilities or open shelter buildings as are appropriate for the use or enjoyment of residents of the development.
PARKING SPACEShall mean an off-street space accessible and available for the parking of one motor vehicle and having dimensions of at least nine feet by 20 feet; in computing the number of spaces in any given parking area a total of 300 square feet inclusive of passageways and aisles shall be used.
PERFORMANCE STANDARDShall mean a criterion established to control noise, order, smoke, toxin or noxious matter, vibration, fire and explosive hazards and glare or heat generated by or inherent in uses of land or buildings.
PERMANENT COSMETICSShall mean the implanting of inert pigments, colors and/or dyes intradermally which results in a permanent alteration of tissue to gain a cosmetic effect. Permanent cosmetics is also known as "micro-pigmentation" or "dermal pigmentation."
PORCHShall mean a roofed open area which may be screened, attached or part of and with direct access to or from a building. It ceases to be a porch and becomes a room when the space is enclosed and heated or air conditioned, and when the percentage of window area to wall area is less than 50%.
PREMISESShall mean the lot, and any structures thereon, on, or in which the subject use is situated.
PROFESSIONShall mean and include the following: architect, artist, accountant, dentist, surgeon or physician, engineer, land surveyor, lawyer, musician, real estate or insurance agent or broker.
RECREATION SPACEShall mean an outdoor space specifically designated for recreation use. This space shall not have any other uses, such as parking, or refuse storage. The space shall be open with a lawn surface.
RESTAURANTShall mean an establishment preparing and serving food for consumption within the building in which the food is prepared.
RESTAURANT, DRIVE INShall mean an establishment serving food to persons outside the building in which the food is prepared and/or providing tables, benches or automobile parking space where food may be eaten outside such building.
RESTAURANT, TAKE OUTShall mean an establishment preparing food for retail sale on the premises but for consumption off the premises, includes delicatessens, shops preparing ice-cream on the premises, bakeries, confectioneries, pizza shops and similar shops where at least 90% of the food prepared is sold at retail and not for resale.
SERVICE ESTABLISHMENTShall mean a business establishment conducted to render a personal service including shoe repair shops, beauty shops, barber shops or conducted to render a household service including the repair of watches, clocks, furniture, radios, television sets and other household appliances, but not including the repair of furnaces and boilers, refrigerators, air conditioners and other articles of similar bulk and weight, or to render a business service such as photocopying or photography but excluding printing establishments except those in which no individual motor exceeds 10 horsepower.
SETBACKShall mean the distance from the property line to the nearest projection of any building. The front, interior, side and rear setbacks shall be measured from the front, interior side, corner side and rear lot lines respectively.
SIGNShall mean any structure or part thereof or device attached thereto or painted or represented thereon which shall display or include any letter, work, model banner, flag, pennant, insignia device or representation used as, or which is in the nature of an announcement, direction or advertisement.
The word "sign" includes the word "billboard," but does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
SIGN, ADVERTISINGShall mean a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises if at all.
SIGN, AREAShall mean the area within the shortest line that can be drawn around the outside perimeter of a sign including all decorations but excluding supports, if any, unless the supports are illuminated. In computing the area of a sign, the area of all faces of such sign shall be included.
SIGN, BUSINESSShall mean a sign which directs attention to a business or profession conducted on the premises.
SIGN, GROUNDShall mean a sign fixed to or located on the ground rather than attached to a building.
STORYShall mean that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above.
STORY ABOVE GRADE PLANEShall mean any story having its finished floor surface entirely above grade plane, except that a basement shall be considered as a story above grade plane where the finished surface of the floor above the basement is more than six feet above the finished ground level for more than 50% of the total building perimeter.
STORY-HALFShall mean that portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to one-half the floor to ceiling height of the story below.
STREETShall mean an existing state, county or municipal road, or a street shown upon a plat approved by the planning board of the township or a street on a plat duly filed and recorded in the office of the county clerk prior to the creation of such planning board and the grant to such planning board of the power to approve plats.
TATTOO or TATTOOINGShall mean any method of placing ink or other inert pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This includes all forms of permanent cosmetics.
TOTAL LOT COVERAGEShall mean the building coverage and the ratio of the lot area, which is covered by accessory buildings, patios, in ground swimming pools, driveways, sidewalks, roofed or enclosed decks and porches expressed as a percentage. Above ground swimming pools and unenclosed or unroofed decks shall not be included in the total lot coverage.
[Ord. No. 2914-15]
TRUCK TERMINALShall mean any lot or premises used for a business, the primary purpose of which is the transfer and shipping of goods and/or materials.
USE ALLOWED BY RIGHTShall mean any use designated as "allowed by right" in this chapter shall be permitted and all required certificates and permits shall be issued without any administrative discretion on the part of any elected or appointed official or duly constituted board provided the use complies with all requirements of this chapter.
USE, PRINCIPALShall mean the specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
USE, PROHIBITEDShall mean a use not permitted within a district. The listing of certain uses as specifically prohibited reiterates the prohibition regarding those particular uses to avoid doubt and confusion.
VAPE SHOPShall mean any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of electronic smoking devices, liquid nicotine containers, liquid nicotine, liquid nicotine cartridges, CDB products, vapor products, smoke products or aerosol products as defined by N.J.S.A. 26:3D-57 and N.J.S.A. 2A:170-51.9(a)(2).
[Added 11-3-2022 by Ord. No. 3131-22]
YARDShall mean the space on a lot extended along a lot line between such lot line and a principal building or buildings, or nonbuilding use occupying such lot.
YARD, FRONTShall mean a yard extending the full width of the lot and situated between the street line and the front line of the building projected to side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
YARD, REARShall mean a yard extending the full width of the lot and situated between the rear line of the building and the rear line of the lot.
YARD, SIDEShall mean a yard situated between the building on the side line of the lot and extending from the front yard to the rear yard.