Middlesex City Zoning Code
ARTICLE III
Definitions and Word Usage
§ 420-7 Definitions.
[Amended 6-29-1993 by Ord. No. 1285; 6-29-1993 by Ord. No. 1285; 6-23-1998 by Ord. No. 1432; 12-19-2000 by Ord. No. 1515; 3-22-2011 by Ord. No. 1790; 6-26-2012 by Ord. No. 1812; 9-27-2016 by Ord. No. 1898; 5-13-2025 by Ord. No. 2151]
As used in this chapter, the following terms shall have the meanings indicated:
A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot.
The Zoning Officer of the Borough of Middlesex.
Moderate- and low-cost housing as defined by state law and regulations and which meets the requirements of state law, regulations of the State of New Jersey's Council on Affordable Housing and the Middlesex Borough ordinance, if enacted.
A story, wholly or partly underground, and having more than 1/2 of its clear height below the average level of the adjoining ground.
The Borough Planning Board or Board of Adjustment, whichever has jurisdiction pursuant to the Municipal Land Use Law.[1]
An area consisting of trees, shrubs, solid fencing or a combination of all of these, so installed as to provide both a visual and an acoustical barrier between properties. No building, structure, parking area, street, sign (except traffic directional signs) or storage of materials shall be permitted in said area.
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
The vertical distance measured from the average elevation of the finished grade at the front of the building to the mean level of the slope of the roof.
A residential development option which allows for either a reduction in minimum lot size or for construction of attached housing, as long as the overall gross density for the entire tract of land is not increased.
An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development.
A residence for the developmentally disabled and includes a community shelter for victims of domestic violence, a community residence for the terminally ill and a residence for persons with head injuries, which communities have been approved for a purchase of services, contracts or affiliation agreement pursuant to such procedure as shall be established by regulations of the State of New Jersey, Department of Human Services, and as defined in N.J.S.A. 40:55D-66.1 et seq.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in § 420-59 of this chapter.
A secure, designated area used by contractors for the storage of tools, equipment, and materials required for construction or trade-related work. The yards should be organized in a way that all consumable materials are stored out of public view to maintain security and aesthetics. The site is not intended for the storage of heavy machinery or waste collected from job sites. The storage yard serves as a controlled environment for organizing and staging supplies before they are transported to job sites.
A parcel of land fronting on two or more intersecting streets.
A building or portion thereof providing sleeping room(s), bathroom(s) and kitchen facilities for the use of one household. Dwelling units shall be differentiated one from the other as follows:
DWELLING UNIT, SINGLE-FAMILYA detached building designed for or occupied exclusively by one household.
DWELLING, TWO-FAMILYA building designed for or occupied exclusively by two households living independently of each other, where the individual household units are entirely separated by vertical walls or horizontal floors.
DWELLING, MULTIFAMILYA building used or designed as a residence for three or more families living independently of each other, not including a motel, boardinghouse or rooming house.
GARDEN APARTMENT DEVELOPMENTA group of architecturally harmonious multifamily dwellings in which there are no more than 2 1/2 habitable stories above curb level.
APARTMENT-STYLE CONDOMINIUMA one-family dwelling located in a structure consisting of two to 24 such units, in which units occupy air space over another unit, and each unit is separated from any other unit by one or more common walls, floors and ceilings.
TOWNHOUSEA one-family dwelling designed to be attached in a row of between two and six such units, in which each unit has its own front and rear access to the outside, without occupying air space over another unit, and each unit is separated from any other unit by one or more common walls.
SUBSIDIZED SENIOR CITIZEN HOUSINGHousing which is constructed with financial assistance from the state or federal government in order to maintain rental charges which are affordable to senior citizen lower income households. Said housing is to be constructed by a limited dividend sponsor or nonprofit developer for restricted occupancy by elderly and handicapped households.
Any apparatus or device, commonly known as an "earth terminal antenna," "earth terminal," "earth station," "satellite communications antenna," "satellite antenna," "microwave dish antenna" or "dish antenna," and including as part of such apparatus or device the main reflector, subreflector, feed, amplifier and support structure, which is designed for the purpose of transmitting and/or receiving microwave, television, radio, satellite or other electromagnetic energy signals into or from Space, but does not include conventional television, radio and amateur radio antennas.
That part of an earth terminal, commonly known as a "dish," which, absent any protective covering, is dish-shaped, parabolic, spherical or conical in configuration and designed for the reception and/or transmission of electromagnetic energy.
Any sign or portion of a sign that uses changing lights to form a sign message or messages in text or graphic form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.
One or more persons living together as a single housekeeping unit, whose relationship is of a permanent and distinct domestic character, as distinguished from individuals or groups occupying a hotel, boardinghouse or club. The term "family" shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.
An artificially constructed barrier of wood, masonry, stone, wire, metal or any manufactured material or combination of materials used as a boundary or means of protection, confinement or concealment.
The total floor area of a structure used for residential purposes or for business or commercial activities. In the case of the latter, this shall include customer facilities, showcase facilities, work areas, storage and sales facilities. However, the floor area of a structure shall not include:
Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths. Also, cellar space constructed and finished as to be suitable for human habitation shall be counted in computing total floor area.
Elevator and stair bulkheads, accessory water tanks and cooling towers.
Floor space used for mechanical equipment.
Attic space, whether or not a floor has actually been laid, providing structural headroom that does not exceed more than seven feet.
Uncovered steps.
Terraces, breezeways and open porches.
Off-street parking spaces located within the structure.
PRIVATE GARAGEA building which is accessory to the main building and which provides for the storage of motor vehicles owned by the occupants.
PUBLIC GARAGEA building or accessory structure used or designed to be used for storing, repairing, servicing, selling or equipping motor vehicles, for which a consideration is paid.
An area of land, including structures thereon, that is used primarily for the retail sale and/or direct delivery to motor vehicles of gasoline and lubricating oil and the making of minor repairs, but not auto body work, welding or painting, nor any repair work in the open.
Any gainful employment or occupation of one or more members of the resident family, which shall constitute either entirely or partly the means of livelihood of such member or members and which shall be clearly secondary or accessory to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure or in a secondary building which is accessory to such principal structure. Home occupations shall include such activities as dressmaking, watchmaking, electrical and radio repair, carpentry, private tutoring, individual teaching of music, portrait painting or sculpture and computer programming. No retail sales, window displays or employees residing outside the home shall be permitted.
An office of a member of a recognized profession providing professional services on an appointment-only basis in his place of residence. Recognized professions shall include only medical care for human beings, the clergy, architecture, engineering, law, accounting and planning. No employees shall reside outside the home.
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.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
The shortest horizontal distance between the front lot line and the rear lot line, as calculated in accordance with the provisions of § 420-19.
That portion of a lot extending along a street line.
The measured horizontal width of the lot at the front setback line.
A lot which, in its area, dimensions or location, was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A structure which in its size, dimension or location on a lot, was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
Standards established in § 420-60 of this chapter or required by applicable federal or state laws or other municipal ordinance.
A portable shed or storage container, storage unit, shedlike container or other portable structure that can or may be used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory structure.
A building in which is conducted the main or principal use of the lot.
The primary or main purpose for which a lot or building is being utilized.
A swimming pool which is accessory to the principal residential use on the lot which is utilized by the owner and nonpaying guests.
Private organizations and groups of a fraternal, church or charitable nature.
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
An establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of food to its customers.
LIMITED SERVICE RESTAURANTA business or establishment characterized by the following: the placing of orders at a counter, a lack of waiter or waitress table service and the serving of prepared food in or on disposable wrapping or containers in a form ready for consumption.
FULL-SERVICE RESTAURANTA restaurant with waiter or waitress table service, primarily serving food cooked to order, which is paid for after consumption. A full-service restaurant may also have a limited take-out service accessory to and incidental to its main operation as a full-service restaurant.
A line within a lot, which is parallel to a street or property line beyond which a building shall not extend, except as otherwise provided for in this chapter.
A group of commercial establishments planned, developed and managed as a unit in a building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space and utilities and sanitary facilities.
Any structure, device, object or portion thereof, on which there is an announcement, declaration, identification, description, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public. Specifically excluded from this definition is any flag, badge or insignia of any public, quasipublic, civic, charitable or religious group.
The property line of a lot, which separates the public street right-of-way from the property.
Any change in, or rearrangement of, the supporting members of a building or structure, such as walls, columns, beams, girders and foundations, including an enlargement or addition to the structure, or any change in the utility system or mechanical equipment of a structure which significantly alters its usability, capacity or function.
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
An open space on a lot, lying between the principal building and the nearest lot line, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
FRONT YARDAn open, unoccupied space within and extending the full width of the lot between the front wall of a building and front lot line. For corner lots, the front shall coincide with the front door. The secondary street shall be considered a side yard and shall require twice the setback as required for interior lots.
REAR YARDAn open, unoccupied space within and extending the full width of the lot between the rear wall of the building and the rear lot line.
SIDE YARDAn open, unoccupied space within the lot between the principal structure and the side property line.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 420-8 Word usage.
Unless the context clearly indicates the contrary, the present tense shall include the future; the singular shall include the plural; the word "lot" shall include the word "plot"; the word "structure" shall include the word "building"; the word "occupied" shall include the words "used," "designed," or "intended to be occupied"; the term "such as" shall be considered as introducing a typical or illustrative example rather than as an entire inclusive designation of permitted or prohibited uses, activities or structures; the word "shall" is always mandatory and directory; the word "may" is permissive.