Nutley City Zoning Code
ARTICLE III
Terminology
§ 700-3 Definitions; word usage.
For the purpose of interpreting this chapter, certain words and terms used herein are defined as follows:
A.
Word usage. All words used in the present tense include the future tense; all words in the plural include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Unless otherwise specified, all distances shall be measured horizontally. The word "building" includes the word "structure"; the word "lot" includes the word "plot"; the word "used" shall be deemed also to include "designed, intended or arranged to be used"; the term "erected" shall be deemed also to include "constructed," "reconstructed," "altered" or "moved"; and the word "shall" is mandatory and not directory. The word "Township" means the "Township of Nutley, in the County of Essex, State of New Jersey." The terms "Board of Commissioners" or "Township Commissioners," "Board of Adjustment," "Planning Board," "Zoning Officer," "Construction Official" and "administrative officer" mean the respective said boards and officers of the Township.
B. ACCESSORY BUILDING OR USE ADMINISTRATIVE OFFICER ADVERTISING SIGN A-FRAME SIGN AMUSEMENT DEVICE ANIMATED SIGN APPLIED LETTER APPROVING BOARD AREA IDENTIFICATION SIGN ATTIC ATTIC, HABITABLE AUTO BODY SHOP AUTOMOBILE SERVICE STATION AWNINGS AND CANOPIES AWNING SIGN BALCONY BANNER BAR BASEMENT BEACON BILLBOARD or OUTDOOR ADVERTISING SIGN BOARDINGHOUSE or ROOMING HOUSE BUILDING BUILDING AREA BUILDING LINE BUILDING MARKER BUILDING SIGN BULKHEAD BULLETIN BOARD BUSINESS SIGN CANOPY CANOPY SIGN CARPORT CELLAR CENTER LINE OF STREET CERTIFICATE OF USE AND OCCUPANCY CHANGEABLE MESSAGE CIGAR CIGAR LOUNGE CIGAR SHOP CLUB or CLUBHOUSE COMMERCIAL MESSAGE COMMERCIAL SCHOOL COMMERCIAL VEHICLE COMMON OWNERSHIP COMPLETE APPLICATION CONDITIONAL USE CORNER LOT COURT COVERAGE CURB LEVEL DAY-CARE FACILITY DECK DECORATIVE MASONRY DIRECTIONAL SIGN DIRECTORY SIGN DISCOUNT STORE DISPLAY SURFACE AREA DRIVEWAY DRIVEWAY APRON DWELLING DWELLING UNIT ELECTRONIC SMOKING DEVICE EMERGENCY ERECT ESTABLISHMENT EXEMPT SIGN EXTERNALLY ILLUMINATED SIGN FACADE FAMILY FAMILY DAY-CARE HOME FLAG FLASHING SIGN FLAT SIGN FLOOR AREA TOTAL FREESTANDING OR GROUND SIGN FRONT YARD GARDEN APARTMENT GASOLINE FILLING STATION GENERATOR HEIGHT OF BUILDING HOME OCCUPATION OR PROFESSION: CATEGORY A (to be permitted in R1, R-1A, R-1AA, R-2 and R-3 Zoning Districts on any floor) HOME OCCUPATION OR PROFESSION: CATEGORY B (to be permitted in R-1, R-1A and R-1AA Zoning Districts on first floor only) HOSPITAL HOTEL ILLUMINATED SIGN IMMEDIATE CARE FACILITY IMPERVIOUS SURFACE COVERAGE INCIDENTAL SIGN INTERNALLY ILLUMINATED SIGN JUNKYARD LOADING SPACE OR BERTH LOT LOT COVERAGE LOT DEPTH LOT WIDTH LUNCHEONETTE MARQUEE MARQUEE SIGN MEDICAL LABORATORIES MIXED USE BUILDING MOBILE HOME MOBILE HOME CAMP MULTIFAMILY DWELLING MUSEUM NAIL SALON NAMEPLATE SIGN NEIGHBORHOOD RETAIL STORE NEON SIGN NONCOMMERCIAL SWIMMING POOL NONCONFORMING LOT NONCONFORMING SIGN NONCONFORMING STRUCTURE NONCONFORMING USE NURSERY SCHOOL NURSING HOME OFFICIAL SIGN OPEN PORCH OPEN SPACE OUTDOOR ADVERTISING SIGN OUTDOOR CAFE OUTDOOR SIDEWALK CAFE OVERHANGING SIGN OWNER PARKING LOT PARKING SPACE PARKING SPACE - COMPACT CAR PATIO PENNANT PERSON PLACE OF PUBLIC ASSEMBLY PLANNED RESIDENTIAL DEVELOPMENT POLITICAL SIGN PORTABLE SIGN PORTICO PREMISES PRIMARY ROAD PRINCIPAL BUILDING PRINCIPAL USE PRIVATE BUSINESS GARAGE PRIVATE RECREATIONAL FACILITY PRIVATE RESIDENTIAL GARAGE PROFESSIONAL SIGN PROJECTING SIGN PROPERTY LINE PUBLIC GARAGE PUBLIC RIGHT-OF-WAY PUMP ISLAND CANOPY SIGN PYLON SIGN REAL ESTATE OPEN HOUSE SIGN REAL ESTATE SIGN REAR YARD RECREATIONAL VEHICLE RESIDENTIAL DEVELOPMENT RESTAURANT RESTAURANT, DRIVE-IN RESTAURANT FAST-FOOD RETAIL STORE RIGHT-OF-WAY ROOF ROOF SIGN SALE SATELLITE DISH(1) (2) SENIOR CITIZEN HOUSING SEPARATE OWNERSHIP SERVICE ESTABLISHMENT, BUSINESS SERVICE ESTABLISHMENT, PERSONAL AND HOUSEHOLD SETBACK SHOPPING CENTER OR MALL SIDEWALK SIDE YARD SIGN SIGN STRUCTURE SINGLE-FAMILY DWELLING SMOKE SHOP STORY STORY ABOVE GRADE STORY, HALF STREET STREET LINE STRUCTURE TAKE-OUT FOOD ESTABLISHMENT TATTOO PARLOR TEMPORARY SIGN TERRACE TOWNHOUSE DWELLING GROUP TOWNHOUSE STRUCTURE TOWNHOUSE UNIT TRUCK TERMINAL TWO-FAMILY DWELLING USABLE OPEN SPACE USE(1) (2) VAPE SHOP WALL SIGN WAREHOUSE(1) (2) (3) WINDOW WINDOW SIGN WIRELESS TELECOMMUNICATIONS ANTENNAS WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND WIRELESS TELECOMMUNICATIONS FACILITY WIRELESS TELECOMMUNICATIONS TOWER ZONING OFFICER
Definitions.
A building or use clearly incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
The Nutley Township Clerk or his/her designee for purposes of clerical and administrative functions as may be required in the process of filing and processing of development applications; and the Nutley Construction Official, and/or Zoning Officer for purposes of technical review of development applications for purposes of determining completeness of the application; determination of whether the public hearing will be before the Planning Board or Board of Adjustment; determination of what type of approval is sought (i.e., subdivision, conditional use approval, site plan approval); and determination of what variances are required.
A sign which directs attention to a business, commodity, service or entertainment, conducted, sold or offered elsewhere than upon the premises or not exclusively related to the premises.
An A-shaped temporary and easily movable ground sign with a message on two sides, for advertising commodities, services or entertainment, conducted upon the premises where the sign is located. A-frame signs shall be no greater than two feet by three feet on each side and shall be constructed of material compatible with the building where it is situate. A-frame signs shall be prohibited from being located in any township, county or state right-of-way.
Any machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disk or key into a slot, crevice or other opening or by the payment of any price, is operated or may be operated by the public generally for use as a game, entertainment or amusement, whether or not requesting a score, and shall include, without limitation, such devices as pong or other types of electronically operated game devices, skill ball, pinball or baseball games, mechanical games, operations or transactions similar thereto, by whatever name they may be called and shall not include pool or billiard tables, mechanical device commonly known as "jukeboxes," and mechanical riding machines intended for the use and entertainment of children. Amusement devices shall include video-type games or machines or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment.
Any sign that uses movement or change of lighting to depict action or the illusion of movement or create a special effect or scene.
A type of wall sign utilizing letters or a logo, individually mounted on the facade of the structure to form the sign message.
The Nutley Planning Board for all applications except those requiring a "d" variance under N.J.S.A. 40:55D-70, in which case the approving board shall be the Nutley Board of Adjustment.
A sign to identify a common area containing a group of structures, or a single structure, such as a residential subdivision, apartment complex or shopping center, located at the entrance or entrances of the area. Such signs may or may not consist of a fence or wall or archway with letters or symbols affixed thereto.
A space directly below a pitched roof and located between the roof rafters and the ceiling beams of the story below.
A habitable attic shall be an attic that has a code conforming stairway as a means of access and egress and in which the ceiling area at a height of seven feet above the attic floor is not more than one-third the area of the next floor below. A habitable attic shall not include a bedroom or bathroom unless authorized by applicable codes. A habitable attic shall not include a kitchen.
An establishment which is used for auto body work, auto body spray painting and auto body welding.
An establishment selling gasoline and/or diesel fuel or other motor vehicle fuel at retail, and at which servicing and repair of motor vehicles is offered.
Roof-like coverings, either retractable or nonretractable, extending over a walkway, sidewalk or exterior place, supported by a frame attached to the building and/or ground with a surface made of fabric or a more rigid material, such as plastic or metal, and either retractable against the building or fixed in place.
Any sign that is part of, attached to or printed on an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area.
A railed platform attached to an upper story of a structure which does not extend more than three feet beyond the wall of the structure and which does not have any contact with the ground.
Any sign printed or displayed upon cloth or other flexible material, with or without frames. National flags, state or municipal flags or the official flag of any not-for-profit institution shall not be considered banners for the purposes of this chapter.
A room containing a public bar, counter or similar piece of equipment designated for and used to facilitate the sale and dispensing of alcoholic beverages by the glass or other open receptacle for consumption on the licensed premises.
(Also see "story, above grade.") A portion of a building the floor of which is below the mean grade at the building perimeter, having at least 1/2 its height above grade.
A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention; except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Agency or similar agencies.
A sign which directs attention to a business, industry, profession, political candidate, groups of candidates for public office, commodity, service or entertainment not necessarily sold or offered upon the premises where the sign is located.
A dwelling which contains sleeping accommodations for more than two but not more than eight persons who are not members of a family as defined in this article. The term "rooming house" shall be deemed to include lodging house and boardinghouse, but not hotel or any accommodations for transient occupancy.
Any combination of materials forming a construction, whether installed on, above or below the surface of a parcel of land, and containing a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
[Amended 8-1-2023 by Ord. No. 3521]
The area of a lot which is occupied by the largest perimeter of a building, including uncovered porches and accessory structures.
A line established by this chapter beyond which no parts of a building, other than those specifically excepted, shall extend. The "building setback line" is a line parallel to the street right-of-way line and removed from it by the depth of the required front yard.
Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
Any sign attached to any part of a building, as contrasted to a freestanding sign.
A structure above the roof of the building enclosing a stairway, tank, elevator machinery, ventilating apparatus or other service equipment, or such part of any shaft that extends above the main roof.
Any sign erected by a charitable, educational or religious organization or public body, which is erected upon the same premises as said institution, for purposes of announcing changing events.
A sign which directs attention to a permitted business, industry, profession, commodity, service or entertainment sold or offered upon the premises where such sign is located upon the premises and which sign shall be deemed an integral part of that profession, office, business, commercial enterprise or industry. A "for sale" or "to or for rent" sign relating only to the premises on which it is displayed shall be deemed a business sign.
See "awnings and canopies."
See "awning sign."
A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
A portion of a building the floor of which is below the mean grade at the building perimeter, having at least 1/2 its height below grade. A cellar shall not be used as a dwelling unit.
A line midway between and parallel to the street right-of-way lines.
The certificate issued by the Construction Official permitting the occupancy of a building or the use of land in accordance with the approved plans and specifications which certifies compliance with the provisions of law for the use and occupancy of the building and its several parts and/or the use of land, together with any special stipulations or conditions of the construction permit or those established pursuant to this chapter.
A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign, including, without limitation, electronic or digital message boards or tickers.
Any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco.
[Added 5-16-2023 by Ord. No. 3514]
Any establishment, or area within an establishment, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar lounge that is in an area within an establishment shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the establishment so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas.
[Added 8-1-2023 by Ord. No. 3521]
A commercial establishment that sells full-sized, hand-rolled cigars, and which derives at least 60% of its total annual gross sales from the sale of such full-sized, hand-rolled cigars.
[Added 8-1-2023 by Ord. No. 3521]
Premises or building reserved for the exclusive use of members of an organization and their guests for civic, charitable, social or recreational purposes not conducted for gain, provided that there are not conducted any merchandising or commercial activities, except as required by the membership for the purposes of such club.
Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
A school limited to special instructions, included, but not limited to, art, business, dancing school, fine art, handicraft, music, physical training or trades.
Every type of vehicle used for commercial purposes, such as transportation of goods, wares, merchandise and passengers, excepting vehicles of a passenger car type, passenger vans and pickup trucks under 10,000 gross vehicle weight, including pickup trucks over 10,000 gross vehicle weight, tractors and/or trailer trucks, dual-wheel vehicles, tow trucks, step vans, buses, dump trucks, flatbed trucks, backhoes, front-end loaders and construction equipment of any kind in a residential district.
Lots or parcels that are owned by the same person, persons or legal entity.
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 the Zoning Ordinance, and upon the issuance of an authorization therefor by the Planning Board, or in the case of a "d" variance, by the Board of Adjustment.
A lot fronting on two streets at their intersection.
Unoccupied open, uncovered space other than a yard. An "outer court" is one which extends to the side, front or rear yard. An "inner court" is any other court.
That percentage of the lot area covered by all buildings, principal and accessory.
The mean level of the existing curb measured between the side lot lines projected to the curb or, if there is no curb, the mean level of the finished grade of the lot at the street line.
A facility the function and purpose of which is to provide daily care for children of preschool or school age in a setting which is staffed and equipped therefor in compliance with all applicable requirements of law.
An unroofed platform either freestanding or attached to a structure that is supported by pillars or posts.
Concrete or cinder block with a patterned or openwork face, brick or stone.
A sign intended to direct or point toward a place or which gives directions. Such signs shall carry no advertising copy describing the activities carried on at the premises where such signs are located.
A sign listing the tenants or occupants of a building.
Any retail business whose general line of new merchandise includes apparel, automotive parts, dry goods, hardware, groceries, housewares and home furnishings, with none of the lines predominating and whose name may include: Dollar, Discount, $0.99, Dollarama, A Buck or Two, or similar language or any store that may be described as a dollar or discount variety store with substantially all sales of any individual unit of merchandise being promoted as limited to $10 or less.
The net geometric area enclosed by the display surface of the sign, including the outer extremities of all letters, characters and delineations, the surfaces upon which they are presented, voids between elements of the sign or any element of the display that goes beyond the primary surface, whichever is greatest; provided, however, that display surface area shall not include the structural supports for freestanding signs; provided, further, that each side of a double-faced sign as defined shall be considered in determining the display surface area.
An area of land acceptably surfaced used to provide the vehicular access into or travel within a lot.
That portion of a regularly established driveway lying between a property line and any curb that is constructed out of concrete, the purpose of which is to provide vehicular access from the street across the curb, parkway and sidewalk to the property fronting thereon or abutting thereto.
[Added 8-1-2023 by Ord. No. 3521]
A permanent building or part of a permanent building designed or used for permanent living quarters for one or more families and not deemed to include hotels or other accommodations used for transient occupancy, rooming houses, group quarters or mobile homes.
A dwelling or portion thereof designed for occupancy by one family and having living, cooking, sleeping and sanitary facilities for its exclusive use.
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 of such a device, whether sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device.
[Added 5-16-2023 by Ord. No. 3514]
The loss of primary power due to power outage beyond the control of the property owner.
[Added 8-1-2023 by Ord. No. 3521]
To construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish, but not including any of the foregoing activities when performed as incidental to the normal maintenance or repair of a sign or sign structure.
An economic unit where business is conducted or services or industrial operations are performed. More than one establishment could be located at a single street address.
Any sign which does not require a sign permit to be issued by the Township for its installation.
Any illuminated sign whose illumination is derived from an external artificial source outside the display portion of the sign.
The total wall surface, including door and window area, of a building's principal face. A mansard roof shall be considered as part of the facade.
One or more persons related by blood, marriage or adoption and foster children placed by the New Jersey Board of Child Welfare or a duly incorporated child-care agency, living together as a single housekeeping unit, and not more than two roomers or boarders; or a group of persons, not necessarily related by blood or marriage, living together as a bona fide, single nonprofit housekeeping unit.
Any private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day care in which child-care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week.
Any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other not-for-profit institution.
An illuminated sign, the illumination of which is not kept constant in intensity at all times when in use. Illuminated signs that indicate the time, temperature, weather or similar public service information, without other ancillary advertising or information, shall not be considered flashing signs.
Any sign attached or erected parallel to, or painted upon, the outside wall, fascia, awning, canopy or parapet of a building and not extending more than nine inches from such outside wall, fascia, awning, canopy or parapet.
Existing or potential area of all floors within a building, measured from outside wall to outside wall.
Any sign supported by permanent structures or supports that is placed on or anchored in the ground and that is independent from any building or other structure, not exceeding five feet in height.
Space between the nearest point of the building and the front property line, extending across the full width of the lot.
A multifamily dwelling which conforms to the regulations of Article IX of this chapter.
An establishment selling gasoline and/or diesel fuel or other motor vehicle fuel at retail, and at which servicing and repair of motor vehicles is not offered.
Reciprocating internal combustion engine and associated equipment, including but not limited to fuel tanks, cover, piping, pad and transfer switch, used to supply backup electric power when local utility is unavailable, not including portable generators.
[Added 8-1-2023 by Ord. No. 3521]
The vertical distance measured, in the case of flat roofs exclusive of bulkheads, from the natural average level of the ground along the front wall of the main structure to the highest point of the roof beams adjacent to the street wall, and in the case of pitched roofs, from the natural average level of the ground along the front wall of the main structure to the mean height of the gable. When a building faces on more than one street, the height shall be measured from the average of the natural grades at the center of the wall of the main structure which faces each street.
An occupation which is customarily carried on in a dwelling by a member of the resident family, the occupation or profession being clearly incidental and secondary to the use for dwelling purposes, and not resulting in a change of character thereof. The home occupation or profession practiced under Category A is one practiced by a single individual with no employees and no clients who come to the home; and which do not produce noise, smoke, vibration, dust, odor, heat, glare or electrical disturbance which would adversely affect the quiet enjoyment of life by nearby residents.
An occupation which is customarily carried on in a dwelling by a member of the resident family, the profession or occupation being clearly incidental and secondary to the use of the dwelling for dwelling purposes. Such resident would be permitted to practice his or her occupation with up to two additional employees at any one time; with clients, customers, and students who visit the residence, with a demand for parking space; but not producing noise, smoke, vibration, dust, heat, odor, glare or electrical disturbance which would adversely affect the quiet enjoyment of life of nearby residents.
An institution licensed by state law providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments and staff offices that are an integral part of the facilities.
A building or group of buildings arranged or used for the shelter and sleeping accommodation for pay of more than eight persons not a family. The term "hotel" includes "motel," "tourist court" and similar designations for sleeping accommodations for hire not conforming to the definition of "rooming house."
A sign which is lighted by a self-contained interior light or by lights projected or directed onto it.
A medical service staffed by licensed physicians for outpatient care of humans where emergency or immediate service is customarily rendered on a walk-in basis without appointment.
The percentage of lot area covered by buildings and paved areas, including but not limited to swimming pools, driveways, patios, decks, tennis or any other recreational courts, or any other paved or concrete surfaces.
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as parking, directional and warning signs, and signs reading "loading only," "telephone," "open/closed," "hours of operation" and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
Any sign whose sole source of artificial illumination is contained within the display portion of the sign, including neon-type signs and internally and backlit signs.
Any area or structure used for the storage, sale or abandonment of scrap materials or for the dismantling, demolition or abandonment of vehicles, boats, machinery, fixtures or other goods or parts thereof.
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.
A parcel of land having frontage on a street and occupied or capable of being occupied by a building or buildings, together with the open spaces appurtenant to such building or buildings. Except for subdivisions approved after January 1, 1979, or those lots or parcels which conform to the Nutley Schedule of Regulations as to Bulk, Height and Other Requirements,[1] all parcels that are situate in the same residential zone and are contiguous, in common ownership and containing only one principal conforming use shall be considered as merged into one lot for the purposes of this chapter, notwithstanding anything to the contrary on the Tax Map or elsewhere.
The total building area of all buildings on a lot including all areas under a solid roof, enclosed with walls. Lot coverage shall also include all accessory structures, balconies, garages, carports, porte-cocheres, overhangs, decks, porches and exterior stairways.
The mean distance from the street line to the rear lot line measured in the mean direction of the side lines of the lot.
The mean width measured at right angles to its depth at the building setback line.
An establishment serving food for on-premises or off-premises consumption and limited to seating at tables or a counter for not more than 20 patrons.
A type of canopy with a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building and possibly supported in part from the ground, generally constructed above an entrance.
Any sign attached to, in any manner, or made a part of a marquee.
As an accessory or a principal use, for testing or providing analysis relating to the medical care of humans and excluding use of animals for testing or experimentation.
A building containing more than one use such as professional and business offices, restaurants and bars which serve food (first floor only), service establishments (personal and household); retail stores; and residential (not permitted on the first floor), as outlined in the permitted use for each District as per Article V, General Regulations.
[Amended 2-19-2019 by Ord. No. 3414]
A vehicle or portable structure mounted or designed for mounting on wheels used for dwelling purposes, including structural additions, except parked or unoccupied recreational vehicles. Any such vehicle or structure shall be deemed to be a "mobile home" whether or not the wheels have been removed and whether or not resting upon a temporary or permanent foundation.
A parcel of land occupied by two or more mobile homes in use for living purposes.
Any dwelling under a single roof, with or without fire wall partitions or party walls, containing three or more dwelling units.
An institution for the acquisition, preservation, study and/or exhibition of works of artistic, historical or scientific value.
A nail salon includes any business whose primary business is providing manicure, pedicure or other fingernail or toenail cosmetic treatment. No nail salon shall be located within 500 feet of another nail salon business; the distance between such nail salon businesses shall be measured from the nearest entrance of the existing nail salon to the nearest entrance of the premises where the other establishment is sought to be located along the route that a pedestrian would normally walk.
A sign which states the name or address, or both, of the occupant of the premises where the sign is located and not exceeding 1 1/2 square feet in area.
A retail store designed to provide for the daily needs of residents in the neighborhood, such as food stores, bakeries in which all of the products are sold on the premises, drugstores, variety stores, package liquor stores and stationery stores.
Self-luminous electric signs usually constructed of glass tubing containing a vapor or gas configured to form a display or lettering.
An outdoor or indoor swimming pool or pool or swimming tank, whether permanently installed, portable, collapsible or otherwise, situated above or below grade level, with a wide water depth in excess of 36 inches or a surface in excess of 120 square feet or a capacity in excess of 1,400 gallons, designed or maintained upon any premises by any person for use by himself, his family or guests, and shall include all buildings, structures, equipment and appurtenances thereto.
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, 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.
Any sign that does not conform to the requirements of this chapter.
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, 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 use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, 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 facility the function and purpose of which is to provide a structured, formal educational program for children of pre-elementary school age which is staffed and equipped therefor in compliance with applicable requirements of law.
A facility for medical or convalescent care of patients or the elderly with full supervision and licensed by state law.
Any sign, symbol or device erected and maintained by the federal government, State of New Jersey, County of Essex, the Township or a public utility for the purpose of informing or guiding the public or for the protection and promotion of the health, safety, convenience and general welfare of the public.
A covered area attached to an entrance to a dwelling, not enclosed by walls, glass, screens or otherwise, except for columns and/or railings, which are no less than 50% open.
[Amended 8-1-2023 by Ord. No. 3521]
Land within or related to a planned residential development, not individually owned or dedicated for public use, that is designated and intended for the common use or enjoyment of the residents of the development and their guests, and which may include such complementary permitted structures and improvements as are necessary and appropriate. Impervious areas and buildings shall not be included in determining the amount of open space.
See "billboard."
Any eating establishment where food and other refreshments are served out of doors directly on the side of or to the rear of any restaurant or other place of business where food and/or other refreshments are served.
Any eating establishment where food and other refreshments are served out of doors directly in front of any restaurant or other place of business where food and/or other refreshments are served.
A sign suspended from a building marquee, awning, canopy or a wooden or metallic bar where such sign is located within the public right-of-way or other than parallel to the building facade.
Includes his duly authorized agent or attorney, a purchaser, devisee, fiduciary and a person having a vested or contingent interest in the property in question.
An area not within a building where passenger vehicles may be stored for the purpose of short-term, daily or overnight off-street parking.
An off-street space available for the parking of one motor vehicle and having minimum dimensions of nine feet in width and 18 feet in length, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a street.
An off-street space available for the parking of one motor vehicle and having minimum dimensions of 7.5 feet in width and 15 feet in length, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a street. No more than 20% of the parking requirement may consist of compact parking spaces.
A level, landscaped and/or surface area, also referred to as a terrace, attached or adjacent to a structure or within 30 inches of the finished grade and not covered by a structure.
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually, but not necessarily, in series, designed to move in the wind.
Any individual, association, company, corporation, firm, organization, partnership, private or governmental entity.
A structure, room or space used as a gathering place for 25 or more persons for meeting, religious, recreational or educational purposes, except instruction of elementary or secondary school students or religious instruction of pupils under the age of 17 years.
An area of a minimum contiguous size, as specified by ordinance, to be planned, developed, operated and maintained as a single entity and containing one or more residential clusters; appropriate quasi-public uses may be included if such uses are primarily for the benefit of the residential development.
Signs advancing the candidacy of any candidate or group of candidates for public office.
Any sign not permanently attached to the ground or other permanent structure, or a sign designated to be transported, including but not limited to signs designed to be transported by means of wheels; A-frame and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
A covered area attached to an entrance to a dwelling, not enclosed by walls, glass, screens or otherwise, except for columns and/or railings which are open, that does not exceed a dimension of six feet in width and four feet in depth in depth.
[Added 8-1-2023 by Ord. No. 3521]
Land and building and structures existing at a designated location as considered, assessed and designated on municipal property maps.
An internal roadway which provides direct access to a public right-of-way.
A building in which is conducted the principal use of the lot on which such building is situated.
The primary purpose for which a lot is used. If any lot contains two or more separate businesses or other enterprises, the lot shall be considered to have two or more principal uses.
An accessory building used for the storage of motor vehicles operated only by those residing on or working on the premises, except that space for one permitted vehicle only may be rented to a non-occupant of the premises.
A recreation facility operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
An accessory building used for the storage of passenger automobiles operated only by those residing on the premises, except that space therein for one passenger automobile only may be rented or used by a non-occupant of the premises and except that one permitted commercial vehicle owned by a person residing on the premises may be stored therein.
A sign listing only the name, profession, degree and/or specialty of each practitioner.
Any sign affixed to a building or wall in such a manner that its leading edge extends more than one foot beyond the surface of such building or wall. Projecting signs shall be designed of material compatible with the building to which it is affixed and is no greater than two feet by three feet if four sided or 36 inches in circumference if circular or oval in shape.
Legally defined boundary lines of a parcel of land; includes lot line.
A building used for the repair, greasing, servicing, adjusting, painting, washing or equipping of motor vehicles or for the storage of commercial vehicles as a principal use or for the rental of storage space for more than one vehicle, but not for the sale of gasoline or diesel fuel, except as incidental and necessary to a repair.
Improved or unimproved public property dedicated or deeded to the Township for the purpose of providing vehicular, pedestrian and public use. That area immediately outside of and contiguous to any restaurant, cafe, cafeteria or place of business which is currently used or reserved for use by the public.
A flush-mounted sign on the vertical surface and canopy, which is the ornamental or protective roof-like structure erected above the pumps of a gasoline station.
Any business sign supported by uprights, braces or masonry wall which is attached to the ground and is not attached to any building, exceeding five feet in height to the top of the sign. Pylon signs are prohibited in all zones. An example of a pylon sign is a gas station sign.
A sign which directs attention to a business, commodity, service or entertainment, conducted, sold or offered elsewhere than upon the premises or not exclusively related to the premises.
A temporary sign placed upon the property for the purpose of advertising to the public the availability for sale, rent or lease of said property.
The space between the furthest extension of the rear wall of the building and the rear line of the lot extending across the full width of the lot.
A vehicle or trailer not over 30 feet long, primarily designed as temporary living quarters for recreation, camping or travel use (including boats), which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered.
The construction of two or more dwellings on two or more adjacent lots within one twelve-month period, unless such lots have been held by separate owners for a period exceeding 12 months.
A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.
An establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.
An establishment or business which is essentially designed to dispense a limited variety of food and beverages, which are so prepared, packaged in paper or in other types of disposable wrappers and containers, but specifically excluding establishments commonly known as "luncheonettes." See also "take-out food establishment."
A building in which any article, excluding automotive vehicles, boats and building materials, is offered for sale at retail.
That portion of the highway intended for the use of pedestrians and utilities between the curbline of a roadway and the property line.
A roof is part of a building envelope, both the covering on the uppermost part of a building or structure and the framing or structure which supports the covering.
Any sign erected, constructed and maintained upon or over the roof of any building with the principal support of the roof structure or parapet wall.
Every delivery of electronic smoking devices, electronic liquids and/or liquid nicotine, whether the same is by direct sale or the solicitation or acceptance of an order, including exchange, barter, traffic in, keeping and exposing for sale, displaying for sale, delivering for value, peddling and possession with intent to sell, distribute or give.
[Added 5-16-2023 by Ord. No. 3514]
Any apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite or similar electronic signals and is larger than two meters (78.74 inches) but no larger than 10 feet in diameter.
SATELLITE DISH, SMALLA satellite earth station antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite service, that is one meter (39.37 inches) or less in diameter.
SATELLITE DISH, MEDIUMA satellite antenna used for "fixed wireless signals," which are commercial nonbroadcast communications signals transmitted via wireless technology to and/or from a fixed customer location, that is two meters (78.74 inches) or less in diameter.
A group of dwelling units sponsored by a nonprofit sponsor under a program financed by the United States Department of Housing and Urban Development. Such dwelling units shall be designed, intended and reserved for the use of households, the single member of which, or either husband or wife of which, is 62 years of age or over or who is handicapped, except that the foregoing provisions shall not apply to any resident manager and/or the family of such resident manager who resides on the premises.
Lots or parcels that are not owned by the same person, persons or legal entity.
An establishment primarily engaged in rendering nonrepair services, such as advertising, blueprinting, building cleaning or equipment rental, to business enterprises on a fee or contract basis.
A business conducted to render either a personal service, such as haircutting, nail salons, shoe repair or dry cleaning, or a household service, such as insect extermination, the repair of furniture, small household appliances or television sets. A service establishment, personal and household, shall not include mortuary services, the repair on the premises of furnaces, refrigerators, air conditioners and other articles of similar bulk and weight.
The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly to the property line.
A building or group of related buildings of more than three units having a common entrance or with more than one entrance not on a public road or highway.
That area of the public right-of-way reserved for pedestrian traffic and designated by the construction of cement, brick paver or like material, and existing in varying degrees between the curb and the front line of the building housing an eating establishment.
An open unobstructed space between the building and the side line of the lot extending through from the front to the rear yard or to another street, into which space there is no extension of the building above the grade level.
Includes every object, device, frame, figure, character, mark, point, fixture, graphic design, picture, stroke, stripe, trademark, model, emblem, placard, symbol, display, light, logo or reading matter which is used or intended to be used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, colors, illumination or projected images, when the same is placed in the view of the general public, either outdoors or indoors. Any of the above which is not placed out of doors, but which is illuminated with artificial or reflected color or otherwise made visible from out of doors, shall be considered a sign within the meaning of this chapter, when placed in such a way as to be used to attract attention or convey information to motorists or pedestrians.
The method employed to support any sign except a window sign.
A detached dwelling containing one dwelling unit and permitted accessory uses only.
Any premises dedicated as a principal business for the display, sale, distribution, delivery, offering, furnishing, manufacturing, or marketing of tobacco, tobacco products, or tobacco paraphernalia, but excluding the sale of cigars and any grocery store, supermarket, convenience store or similar retail use that sells tobacco products, which shall not be included within the definition of "smoke shop."
[Added 5-16-2023 by Ord. No. 3514]
That part of a building included between any floor and the floor or ceiling next above. When applying to the permissible height of a building, the term "story" shall include a basement as defined in this article.
Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a 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.
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 1/2 the floor-to-ceiling height of the story below.
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon any plat heretofore approved pursuant to law or heretofore approved by official action, including all streets or ways on plats duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and prior to the grant to such board of the power to review plats. The word "street" includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, planted strips, parking areas and other areas within such street lines.
A boundary line of a dedicated street; a lot line coinciding with such line.
A combination of materials forming a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land, excluding vehicles, boats and portable furniture.
An establishment with limited seating where the principal business is the dispensing of a limited menu of items prepared to order or already prepared and held for service, or heated in a device such as a microwave oven, which are so prepared and packaged in disposable containers or wrappers in a form for ready consumption off premises.
Any place, premises, building, part of building, cellar, basement, room or establishment in which the skin is permanently discolored by the intentional introduction of pigments into the dermis, or in which indelible or permanent marks or scars or permanent makeup are applied to the human body.
[Added 8-1-2023 by Ord. No. 3521]
Any sign that is used only temporarily and is not permanently mounted; with the exception of "open house" real estate signs, all temporary signs must bear the date of original installation affixed in the lower right-hand corner of such sign.
A level, landscaped and/or surface area, also referred to as a patio, attached or adjacent to a structure or within 30 inches of the finished grade and not covered by a structure.
A group of two or more townhouse structures.
A building containing at least four and no more than six townhouse units.
A one-family dwelling unit attached to other townhouse units separated from each unit by a fire separation wall.
Any lot on which more than three trucks over 1 1/2 tons' gross vehicle weight are parked overnight out of doors.
A dwelling containing two dwelling units and permitted accessory uses only.
An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces which is free from structures of any kind and which is available and accessible to all occupants of the building or buildings on said lot for purposes of active or passive outdoor recreation. Said usable open space may include fenced or screen-planted children's play areas.
The specific purpose for which a lot, structure or premises is designed, arranged, intended or occupied.
PERMITTED USEA use allowed in a district under the terms of this chapter and not deemed to include any nonconforming use.
PROHIBITED USEA use not permitted in a district under the terms of this chapter. All uses not permitted are prohibited, and the listing of certain uses as specifically prohibited reiterates the implied prohibition regarding those uses to avoid doubt or confusion.
Any premises dedicated as a principal business for the display, sale, distribution, delivery, offering, furnishing, manufacturing, or marketing of electronic smoking devices, liquid nicotine containers or vapor product as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9a(2), N.J.S.A. 2A:170-51.9a(3) and N.J.S.A. 2A:170-51.9a(4), including an area for vaping. An "area for vaping" shall mean the inhaling or exhaling of smoke or vapor from any electronic smoking device.
[Added 5-16-2023 by Ord. No. 3514]
Any sign that shall be affixed parallel to the wall or printed or painted on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purposes of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign.
ACCESSORY WAREHOUSEA completely enclosed building used for storage of merchandise to be sold at retail in an establishment located on the same lot and constituting an accessory use to such establishment.
INDUSTRIAL WAREHOUSEA completely enclosed building used for storage of products manufactured or processed or goods to be manufactured or processed on the premises and constituting an accessory use, but not including a truck terminal as defined herein.
WHOLESALE WAREHOUSEA completely enclosed building used for the storage of goods to be resold through retail outlets or retail mail sale and constituting the principal use of the property, but not including a truck terminal as defined herein.
A glass area presented to the public for purposes of display. Public display windows must be clear and nonreflective and not be painted or tinted. (Transparent, low-emissivity glass is permitted).
[Amended 8-1-2023 by Ord. No. 3521]
A sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes of glass or is hanging within 18 inches inside of the window and is visible from the exterior of the window.
A system of electrical conductors that transmit or receive radio frequency signals, digital signals, analog signals or electromagnetic waves for wireless communications, but shall not include small or medium satellite dish antennas as defined above.
A fenced-in area which houses any combination of wireless telecommunications structures, buildings, antennas, equipment and/or towers.
A commercial facility providing for selling transmitting/receiving air time, available equipment and customary support facilities in accordance with and in compliance with the regulations promulgated by the Federal Communications Commission (FCC) in the Telecommunications Act of 1996, and shall include wireless telecommunications antennas, wireless telecommunications towers and wireless telecommunications compounds.
A vertical structure specially designed to support wireless telecommunications antennas.
The officer or other personnel charged with the administration and enforcement of this chapter, or his duly authorized representative.
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Editor's Note: Said schedule is included as an attachment to this chapter.