ACCESSORY BUILDING, STRUCTURE OR USE — A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. See specific zone requirements for permitted accessory uses.

ACCESS POINT; ACCESS DRIVE — The location of the intersection of a driveway with a street.

ADDITION — An extension or increase in floor area or height of a building or structure.

ADMINISTRATIVE OFFICER — For the Planning Board, the administrative officer shall be the Municipal Engineer; for the Zoning Board of Adjustment, the administrative officer shall be the Zoning Official.

ALTERATION — As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress.

AMBULATORY SURGERY FACILITY — An out-patient health care facility, licensed by the State of New Jersey, which performs surgical procedures without an overnight stay, with such surgery generally requiring some form of anesthesia and with a post-surgery period of at least one hour. An ambulatory surgery facility shall not be considered to be an office or a medical office.

APARTMENT — One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit.

ART GALLERY — A building or space used for the display of art for the purpose of promoting and selling artworks.

ART STUDIO — A place of work for an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture, and writing.

BASEMENT — That portion of a building that is completely or partially below grade. To be considered a basement when partly below grade, the finished surface of the floor above shall be less than six feet above average ground elevation. The average ground elevation shall be calculated by measuring the elevation at ten-foot intervals around the perimeter of the foundation.

BOARDING HOUSE — Any building in which three or more persons not related in direct line by blood or marriage to the owner or operator of such business are lodged and served with meals from one kitchen by the owner or operator for a valuable consideration.

BUILDING COVERAGE — The area of a lot covered by all buildings measured on a horizontal plane around the perimeter of the foundation(s) and including the area under the roof of any structure supported by columns, but not having walls, as measured around the edge of the roof above the columns. The first two feet of roof and building overhang projections shall be excluded.

BUILDING HEIGHT — The vertical distance from the average ground elevation around the foundation to the building's highest point. The average ground elevation shall be calculated by measuring the elevation at ten-foot intervals around the perimeter of the foundation. When measuring to the highest point of the building, the following building elements are to be excluded from the height calculation: chimneys, satellite dishes and antennas, mechanical equipment, elevator towers and flag poles.

CAMPER — A self-propelled vehicle built as one unit on a chassis or a vehicle built on a chassis designed to be towed by another vehicle, designed for temporary living containing cooking, sleeping, and/or sanitary facilities; or a vehicular portable structure built on a chassis designed as a trailer with a flat top not more than four feet above the ground which can be converted into a temporary tent erected above the four-foot level for camping activities. See also Trailer definition.

CHANGE OF USE — A change of the use category of a building or portion thereof.

CHECK-CASHING SHOP — A person or entity that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This does not include a state or federally chartered bank, savings association, credit union, or industrial loan company; nor does it include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a minimum flat fee not exceeding $2 as a service to its customers that is incidental to its main purpose or business.

COMMERCIAL OFF PREMISES OUTDOOR ADVERTISING SIGNS — Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes and that is located on a site other than the building or site to which the advertising relates.

COMPLETE APPLICATION — Submission of an application form and checklist provided by the Township and completed by the applicant together with all accompanying documents required by this ordinance and the Planning Board's or Zoning Board of Adjustment's Rules and Regulations for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat. The Township's checklists are set forth in Appendix A[1] to this ordinance and hereby made a part hereof. The approving authority may require additional information not specified in the ordinance, and revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for consideration of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the approving authority. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance, the applicable checklist and the rules and regulations of the approving authority, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the approving authority.

DECK — Any 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.

DWELLING UNIT — A room or series of connected rooms containing living, kitchen, sleeping, and private bath facilities for one family.

DWELLING, ATTACHED — One dwelling unit in a building containing three or more dwelling units, with each dwelling unit extending from the ground to the roof and having individual outside access and no interior rooms or hallways shared with other dwelling units.

DWELLING, MULTIPLE — A building containing more than two dwelling units.

DWELLING, SINGLE FAMILY — A detached building containing one dwelling unit.

DWELLING, TWO FAMILY — A building containing two dwelling units.

EDUCATIONAL PLAY CENTER — A multipurpose children's activity space devoted to learning, recreation and entertainment, which may offer classes and organized events such as birthday parties, and which may include accessory retail sales.

FAMILY — A person or a group of persons occupying a dwelling unit as a single housekeeping unit. There shall be no more than six persons comprising said group who are not related by blood, marriage, civil union or adoption.

FENCE — Any structure or partition enclosing a parcel of land, or dividing a parcel of land into portions, or separating contiguous lots.

FINANCIAL INSTITUTIONS — Establishments operating primarily to provide financial services to the public on site. Establishments providing financial services that do not primarily provide such services on site shall be deemed offices for the purposes of this ordinance. Security and commodity brokers, dealers, exchanges and similar entities shall be considered offices, not financial institutions unless they primarily deal with the public on site.

FLOOR AREA RATIO RESIDENTIAL — The sum of the area of all floors of a building or structure compared to the total lot area. The area of all floors shall be computed by using the outside dimension of the exterior walls of the building or structure. Where cathedral, vaulted, or elevated ceiling space above a lower floor provides a floor-to-ceiling height equal or greater than 16 feet, the floor area of such space shall be doubled in calculation of the floor area. Such computation shall not include basements nor floor area of that part of any room where the ceiling is less than seven feet. Such calculation shall include private garages. Deviation from this standard shall require variance relief under MLUL, N.J.S.A. 40:55D-70(d)(4).

FLOOR AREA RATIO - NONRESIDENTIAL AND MULTIFAMILY— The sum of the area of all floors of a building or structure compared to the total lot area. The area of all floors shall be computed by using the outside dimension of the exterior walls of the building or structure. For any basement floor or portions thereof that meet the definition of Gross Leasable Area pursuant to Section 301.25, such floor area shall be included in the floor area ratio calculation. Deviation from this standard shall require variance relief under MLUL, N.J.S.A. 40:55D-70d(4).

GARAGE — A structure or a portion thereof used primarily to store automobiles. A garage shall not include kitchen, sleeping, or bath facilities.

GARAGE, ATTACHED — A private garage comprising a portion of the principal structure containing the dwelling unit served by the private garage, or a detached garage subject to treatment as an attached garage pursuant to DRZ Section 609.1g.

GARAGE, DETACHED — An accessory structure or a portion thereof containing a private garage.

GARAGE, PRIVATE — A garage used for storage of automobiles by one dwelling unit. For a structure to be considered a private garage, the structure must a) be fully enclosed by walls, with vehicular access provided via an operable door; b) provide at least one parking space consistent with minimum dimensions as specified under DRZ Section 516.5a; c) provide one additional foot of space to each the front and rear of the parking space(s) to provide clearance from the garage door and other appurtenances in the garage; and d) provide two additional feet to each the left and right of the space(s) to provide sufficient clearance for passenger ingress and egress from automobiles.

GARAGE, PARKING or STRUCTURED PARKING —A structure, or portion thereof, comprised of one or more levels or floors containing parking spaces, including underground parking and parking at grade within or below a building or structure. This does not include a surface parking lot.

(Reserved)[2]

GROSS LEASABLE AREA (GLA) — The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, expressed in square feet and measured from the center line of joint partitions and from outside wall faces. It is the space for which tenants pay rent, including sales areas and integral stock areas. Basement areas which are included in the lease but are nevertheless devoted exclusively to tenant storage and/or utility space shall not be included in GLA. Included in GLA is any common space that is temporarily rented or occupied by a tenant.

HEALTH AND FITNESS FACILITY — An establishment open to the public on a membership basis which provides facilities for personal training, aerobic exercise, running and jogging, weight training and strength conditioning, game courts, swimming facilities and exercise equipment and which may include accessory sauna/steam rooms, showers, lockers, spa treatments including massage, snack/juice bars and accessory retail sales of related sports apparel and equipment.

HOTEL — A commercial establishment offering temporary lodging. Hotels may include accessory uses customarily associated with and incidental to such principal use, such as restaurants and other facilities for the consumption of food and beverages on the premises, public meeting rooms, retail facilities, indoor health and recreational facilities, provided that the aforesaid accessory uses shall be contained within the hotel building. Outdoor health and recreational facilities shall also be permitted as an accessory use, however, outdoor tennis courts and an outdoor swimming pool at said establishment shall not be considered in computing the gross floor area - nonresidential.

HOUSE OF WORSHIP — A church, synagogue, temple, mosque or other facility that is used for prayer and other religious observances by persons of similar beliefs and that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis.

INDOOR COMMERCIAL RECREATION — An establishment where entertainment or recreation services are provided to the general public and for which user fees are charged. Uses include, but are not limited to, roller and ice skating rinks, indoor climbing gyms, gymnastics centers, bowling alleys, arcades, escape rooms, billiards and virtual experience centers.

INSTRUCTIONAL SCHOOLS AND STUDIO — Establishments which provide classes, instruction and workshops for dance, yoga, pilates, personal training, culinary, creative arts and crafts, music, martial arts, academics and athletics.

LOADING SPACE — An off-street berth on the same lot with a building or group of buildings for the temporary parking of a vehicle while loading or unloading.

LOT AREA — The area contained within the lot lines but not including any portion of a street. The minimum lot area of a lot fronting on a street proposed to be widened in the Master Plan shall be the minimum area required for the district in which it is located plus the additional area needed for the future widening of the street.

LOT COVERAGE — That portion of the area of a lot covered by paved and/or impervious surfaces, accessory uses, buildings, or any other structure, expressed as a percentage of lot area. For the purposes of this ordinance, gravel driveways, gravel parking areas, and pavers made of brick, stone, concrete or similar materials shall be considered to be paved and/or impervious surfaces.

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.

LOT FRONTAGE — The distance between the side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that on curved alignments with an outside radius of less than 500 feet, the lot frontage may be reduced to not be less than 75% of the required minimum lot width. In the case of a corner lot, the lot frontage and front yard setback shall be met from all streets.

LOT LINE — Any line forming a portion of the exterior boundary of a lot. The front lot line is the same as the street line for any portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level.

LOT WIDTH — The horizontal distance between side lot lines measured at the minimum required building setback from the street line.

LOT, CORNER — A lot at the junction of, and having frontage on, two or more intersecting streets, or a lot bounded on two or more sides by the same street, provided the angle of intersection is less than 135°.

MAJOR SITE PLAN — A site plan not defined as "minor" or "exempt."

MAJOR SUBDIVISION — Any subdivision not classified as a "minor subdivision."

MEDICAL OFFICE — The office of a licensed medical or health care practitioner providing health care services to a person for the purpose of maintaining or restoring a person's physical or mental health, including but not limited to a physician, dentist, chiropractor, podiatrist, osteopath, acupuncturist, bodywork therapist, optometrist, orthotist, prosthetist, pharmacist, physician assistant, physician or surgeon, physical, occupational or speech therapist, psychologist, registered nurse, licensed practical nurse, a home health aide or nurse's aide, marriage or family therapist, massage therapist, advanced practice nurse, respiratory therapist, social worker, or somatic therapist. The term "licensed" is defined in the New Jersey Administrative Code. The medical office may include an accessory medical testing laboratory.

MINOR SITE PLAN — A site plan for a development or building alteration or building addition requiring less than 10 parking spaces, containing less than 2,500 square feet of new floor area, and having less than 50% building coverage.

MINOR SUBDIVISION — A subdivision of land that does not involve: (a) the creation of one or more new lots; (b) a planned development; (c) any new street; or (d) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

MULTIFAMILY HOUSING DEVELOPMENT — Means a building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.

OFFICE — A place for conducting the affairs of a business, profession other than those covered by Section 301.38, service, industry or government and generally furnished with desks, tables, files and communication equipment, but where no retail sales or retail services are offered, and no manufacturing, assembling, or fabricating takes place.

PARKING SPACE — A space within a structure or in the open for parking motor vehicles. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

PATIO — A level, hardscaped surfaced area, also referred to as a "terrace."

PAWN SHOP — A business establishment in which money is lent at interest on pledged personal property.

PET CARE AND GROOMING FACILITY — An establishment that provides temporary boarding, training, grooming and care for dogs, cats or other domestic animals or household pets. This shall not include overnight boarding of pets, the breeding or sale of animals or veterinary services customarily offered at an animal clinic or hospital.

PORTABLE STORAGE CONTAINER — Any container, storage unit or portable structure (commonly known as PODS) designed to be used on a temporary basis and without a foundation for the purpose of storing tangible property and not for occupancy by persons.[3]

PRINCIPAL USE — The main purpose for which any lot, structure, or building or portion thereof is used.

PRIVATE SCHOOL — A privately owned or operated educational institution of elementary or high school grade operating as a day school and accredited by the New Jersey Department of Education. Nursery schools offering educational instruction with qualified teachers shall be considered private schools for the purpose of this ordinance, regardless of whether they also serve as day-care centers. Day-care centers without the educational component as set forth herein for nursery schools are not to be considered as private schools.

PUBLIC USE — Any use that enables a public entity – a municipal, county or state government or agency there of – to carry out its functions to preserve or promote public health, safety and welfare and shall include, but not be limited to, public schools, public works and government buildings, and active or passive recreation areas. Agencies as used herein shall be deemed to include not-for-profit corporations under lease or contract with the municipality to perform services deemed to accomplish a public purpose.

REAR YARD-UNOCCUPIED — That portion of the rear yard not covered by driveways, parking areas, patios, sidewalks, paved surfaces, accessory uses, buildings, or any other structure on or above the surface of the land.

RECYCLING AREA — The space allocated for collection and storage of source separated recyclable materials.

RESTAURANT — An establishment primarily serving food and drink for consumption at seating tables and counters on premises. Sales for off-site consumption are permitted if subordinate and incidental to the principal use.

RESTAURANT, FAST FOOD — An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready to consume state for consumption either within the restaurant building or off the premises.

RETAIL FOOD ESTABLISHMENT — An establishment in which food or drink is offered or prepared primarily for retail sale in packages or in bulk for off-premises consumption. Sales for on-site consumption are permitted if subordinate and incidental to the principal use.

RETAIL SALES — Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

RETAIL SERVICES — Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, such as laundry, cleaning and garment services; photographic portrait studios; beauty and barber shops; and shoe repair shops. Retail services shall not include establishments primarily engaged in the sale of products or merchandise, including food or drink, to the general public. Retail services shall not include those uses defined under "Medical Office" as defined in this ordinance.

RIGHT-OF-WAY — The total width and length of the course of a street, watercourse, utility alignment, or other way within which improvements and rights of access are confined.

ROADWAY — The hard or paved surface portion of a street customarily used by vehicles. Where there are curbs, the roadway includes only that portion between the curbs. Where there are no curbs, the roadway is that portion between the edges of the paved width.

ROOMING HOUSE — A building in which lodgers rent one or more rooms without cooking or kitchen facilities for one or more nights, and sometimes for extended periods of time.

SETBACK — The distance between a street line or lot line and that portion of the lot where structures are located, based on the setback requirements of this ordinance. All setbacks from public streets shall be measured from the proposed right-of-way or as shown on the official tax map. Roof overhangs may project a maximum of two feet beyond a required setback line except as otherwise provided in this ordinance.

SEXUALLY ORIENTED BUSINESS — A commercial establishment which as one of its principal business purposes offers for sale, rental, or display any of the following: books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representations that depict or describe a specified sexual activity or specified anatomical area; or still or motion picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or instruments, devices, or paraphernalia which are designed for use in connection with a specified sexual activity; OR

A commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.

As pertaining to the determination of a sexually oriented business:

SHOPPING CENTER — A group of multiple commercial uses developed on the same property that are integrated in site design through elements such as common site access, circulation, and parking areas, such as in strip malls, indoor shopping mall developments, and regional shopping facilities. Shopping centers commonly contain retail sale and retail service uses but may contain other commercial uses. Shopping centers contain two commercial uses with a minimum total gross floor area of 25,000 square feet or at least three commercial uses.

SHORT-TERM RENTAL — Rental of an owner-occupied dwelling unit, or any part of a dwelling unit, including any accessory building, structure or use to the dwelling unit, which dwelling unit is regularly used and kept open as such for the lodging of guests, and which is advertised or held out to the public as a place regularly rented to transient occupants, as that term is defined in Section 4-42.1 of the Revised General Ordinances of the Township, for 28 consecutive days or less up to a cumulative total period of not to exceed 60 days in a calendar year, excluding community residences, shelters, adult family-care homes, a residence temporarily occupied by the owner of another residential property within the Township then undergoing construction activity, or the extension, on a month-to-month basis, of an existing lease with a term of at least six months' duration, by the existing tenant.

SHOWROOM — An establishment offering household furnishings, fixtures or appliances to the general public and where sample products are displayed within a room or rooms on the premises. Such establishments may also offer remodeling, decorating or design services.

SIGHT TRIANGLE — The portion of a lot restricted in its use to assure clear sight distance for motorists.

SIGNS — Any street graphic, announcement, declaration, demonstration, billboard, display, illustration, or insignia used to promote or advertise the interests of any person, group of persons, services, or product when placed, erected, attached, painted, or printed for public viewing.

SITE PLAN EXEMPT — 

SLAUGHTER HOUSE — Any land, building, place or establishment in which animals are slaughtered, eviscerated, or dressed.

SMOKE SHOP — Any premises dedicated as a principal business to display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, electronic smoking devices, or tobacco paraphernalia, including providing an area for smoking tobacco products, but excluding any grocery store, supermarket, convenience store or similar retail use that sells tobacco products, shall not be included within the definition of smoke shop. An area for smoking shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, or any other matter of substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic device.

STORY — That portion of a building between a floor and the floor or roof above it, excluding basements as defined in Section 301.7.3.

STORY, HALF — That portion of any building or structure located under a pitched roof at the top of a building having a story height of seven feet or greater and having a gross floor area that is less than or equal to one half of the gross floor area of the floor below. For the topmost story, story height shall be measured from the top of the finished floor to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

STREET GRAPHIC — Any letter, symbol, number, or display which can be seen from the right-of-way of a street, including signs, other than public information signs. Ground graphic is a street graphic erected on the ground. Wall graphic is a street graphic on the wall of a building.

STREET LINE — The edge of any street right-of-way, as proposed or shown on the official tax map.

SURFACE PARKING LOT — Any unsheltered, paved piece of land containing parking spaces. For the purpose of this definition, the use of solar panels to generate electricity while sheltering automobiles shall be permitted so long as the sides of the parking spaces are open to the elements.

SWIMMING POOL — As defined in the Code of the Township of Millburn as a "pool."

TATTOO PARLOR — An establishment where tattooing, body piercing, and non-medical body modification services are offered.

THEATERS — Buildings used for the presentation of legitimate live or recorded productions.

TRAILER — A portable vehicular structure on a chassis which can be used as a temporary dwelling for travel, recreation, or other short-term uses and may contain kitchen, sleeping, private bath, and general living facilities. See also "Camper" definition.

UTILITY — Services including, but not limited to, sewage treatment, water supply, gas, electricity, telephone, and cable TV.

YARD — Space unoccupied, except as permitted in this ordinance, extending between any building and a lot line or street line. See also "Setback" definition.

YARD, FRONT — The area extending across the full width of a lot between the street line and the building, extending to the side lot lines from such point in lines parallel or concentric to the street line. For corner lots, there shall be two front yards. The division line for the two front yards shall be a line from the intersection or radius point (if applicable) of the front yard setback lines to the point of intersection (of tangents) of the street lines.

YARD, REAR — The area extending across the full width of a lot between the rear lot line and the principal building, extending to the side lot lines from such point in lines parallel or concentric to the street line. See "Corner Lots" and "Rear Yard-Unoccupied" definition.

YARD, SIDE — The area lying between each side lot line and the principal building, excluding front and rear yards. For single-family dwellings in the R-3 through R-6 Districts, certain side yard standards relate to the height of building segments. For the purpose of this provision, the height of a building segment shall be the vertical distance from the average ground elevation to the highest portion of the building which lies between the minimum setback for building segments up to 18 feet in height, as regulated in this ordinance. The average ground elevation shall be calculated by measuring the ground elevation at ten-foot intervals around the perimeter of the foundation of the portion of the building which lies in closest proximity to the side lot line.