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Runnemede City Zoning Code

§ 395-4

Definitions and word usage.

A. 
The meaning of all words not defined in this chapter shall be taken from New Jersey Revised Statutes and New Jersey Court interpretations thereof.
B. 
Certain words and terms in this chapter are defined for the purpose thereof as follows:
ACCESSORY BUILDING
A building the use of which is customarily incidental to that of a main building and which is located on the same lot as that occupied by the main building.
ACCESSORY USE
A use customarily incidental to the use of a building for dwelling purposes and including:
(1) 
Within a main building the office of a surgeon, physician, clergyman, architect, engineer, attorney, accountant, dentist, artist, photographer, teacher of music, real estate, insurance, osteopath, chiropractor and optometrist, or persons residing in such main building, provided that there is no display visible from the street nor advertising except a small professional sign in accordance with § 395-18 of this chapter.
(2) 
Customary home occupations such as millinery, dressmaking or interior decorating, provided that there is no display of goods visible from the street and such occupation is conducted in the main building by a person residing therein and does not occupy more than 1/3 of the total aboveground floor area thereof, and provided further that no trading of merchandise is carried on or no personal physical service performed. No exterior advertising is permitted other than a small announcement sign as specified in § 395-18B(2)(b).
ADMINISTRATIVE OFFICER
The Zoning Officer of the Borough.
ALTERATION OF BUILDING
Any change in the supporting members of a building, except such change as may be required for its safety; any addition to a building; or removal of a building from one location to another.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.
APPROVING AUTHORITY
The Joint Planning/Zoning Board of Adjustment of the Borough unless a different agency is designated by this chapter.
BLOCK
The length of a street between two street intersections.
BOARDINGHOUSE or ROOMING HOUSE
A dwelling wherein more than three people are sheltered or fed for compensation.
BUFFER AREA
An area in which no building, parking area, driveway (except to provide access to property and which is perpendicular to the buffer area), street, sign (except directional sign) or storage of materials shall be permitted.
BUILDABLE AREA
That central portion of any lot lying between required yards and/or setback lines.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING HEIGHT
The vertical distance measured from the mean elevation of the finished grade along the front of the building to the highest point of the roof exclusive of chimneys and similar fixtures.
BUILDING LINE
The line between which it and the property line no building or other structure or portion thereof, except as provided in this chapter, may be erected.
CANNABIS
All parts of the plant Cannabis sativa or Cannabis indica, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2021, c. 16 (C. 24:6I-31 et al.) for use in cannabis products, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.
[Added 10-5-2021 by Ord. No. 21-13]
CANNABIS BUSINESS
Any person or entity that holds any of the six classes of licenses established under P.L. 2021, c. 16, the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (CREAMMA).
[Added 10-5-2021 by Ord. No. 21-13]
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or produces cannabis, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 cannabis cultivator license.
[Added 10-5-2021 by Ord. No. 21-13]
CANNABIS DELIVERY SERVICE
Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which, after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 cannabis delivery license.
[Added 10-5-2021 by Ord. No. 21-13]
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 cannabis distributor license.
[Added 10-5-2021 by Ord. No. 21-13]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
[Added 10-5-2021 by Ord. No. 21-13]
CANNABIS ESTABLISHMENT LICENSE
An establishment with one or many of the licenses to operate as defined by the CREAMMA Act:
[Added 10-5-2021 by Ord. No. 21-13]
(1) 
Class 1: Cannabis cultivator license, for facilities involved in growing and cultivating cannabis;
(2) 
Class 2: Cannabis manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;
(3) 
Class 3: Cannabis wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
(4) 
Class 4: Cannabis distributor license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
(5) 
Class 5: Cannabis retailer license, for locations at which cannabis items and related supplies are sold to consumers; and
(6) 
Class 6: Cannabis delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer license.
[Added 10-5-2021 by Ord. No. 21-13]
CANNABIS PRODUCT
A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include i) usable cannabis by itself; or ii) cannabis extract by itself; or iii) any other cannabis resin by itself.
[Added 10-5-2021 by Ord. No. 21-13]
CANNABIS RETAILER
Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 cannabis retailer license.
[Added 10-5-2021 by Ord. No. 21-13]
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 cannabis wholesaler license.
[Added 10-5-2021 by Ord. No. 21-13]
CENTER LINE OF STREET
The line midway between and parallel to the two street property lines, or as otherwise determined by the Mayor and Council.
CLUBHOUSE
A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization therefor by the Joint Planning/Zoning Board of Adjustment.
CORNER LOT
A lot, in any district or zone, fronting on two streets at their intersection. Said lot shall be deemed to have two front yards for the purposes of establishing setback requirements in the district or zone.
[Amended 8-6-2014 by Ord. No. 14-16]
COURTS
An unoccupied open space other than a yard as herein defined.
(1) 
OUTER COURTOne which is open to a street or rear yard for its entire width.
(2) 
INNER COURTAny other court.
CURBSIDE PICK-UP
The dedication of up to two parking spaces for pickup on the site of the restaurant, subject to Planning Board approval of the use and site plan approval.
[Added 4-5-2011 by Ord. No. 11-02]
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill, and any use or change in the use of any buildings or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter.
DEVELOPMENT REGULATION
This chapter, Chapter 331, Subdivision of Land and Site Plan Review, of this Code, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to Chapter 291 of the Laws of New Jersey 1975.[1]
DUPLEX
A building consisting of two family-type living units.
DWELLING HOUSE
A detached house designed for and occupied exclusively as a residence.
DWELLING, MULTIFAMILY
A dwelling or group of dwellings containing separate family-type living units but which may have joint services or facilities for both or all.
DWELLING, SINGLE-FAMILY
A detached house designed and arranged for the use of a single household including two or more people living as a family.
DWELLING UNIT
One or more rooms providing complete living facilities for one or more persons, including equipment for cooking or provisions for same, room or rooms for living, sleeping, eating and bathing facilities.
FAST-FOOD RESTAURANT
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 or building, in vehicles on the premises, or off the premises.
[Added 4-5-2011 by Ord. No. 11-02]
FRONT YARD
Space between the established building line or the front main wall of a building and the front property line.
GARDEN APARTMENT
A building or series of buildings, under single ownership, with common yards, open spaces, recreation areas and garages and parking areas, no more than 2 1/2 stories in height, containing two or more suites of rooms on each floor, equipped for separate housekeeping.
HISTORIC SITE
Any building, structure, area or property that is significant in the history, architecture, archeology or culture of this state, its communities or the nation and has been so designated pursuant to applicable state and federal law.
JUNKYARD
The use of more than 100 square feet of the area of any lot, whether inside or outside the building, for the storage, keeping or abandonment of worn-out, cast-off or discarded articles or materials.
LAND
Includes improvements and fixtures on, above or below the surface.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The total area within the property lines of a lot.
LOT COVERAGE
The percentage of lot area covered by the principal building, accessory buildings, driveways, sidewalks, patios and any structure that can be defined as an impervious coverage.
[Amended 8-4-2021 by Ord. No. 21-09]
LOT DEPTH
The depth of a lot is the mean measured distance of a line drawn from the street line to the rear lot line drawn at right angles to the front property line.
LOT LINE
Any line defining the outer limits of a lot.
LOT WIDTH
The width of a lot shall be the distance between the side lot line of a lot measured at and along a line parallel to the front lot line which is drawn at a distance therefrom equal to the required depth of the front yard.
NONCONFORMING LOT
A lot the area, dimension or location of 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 reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of 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 reason of such adoption, revision or amendment.
NONCONFORMING USE
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 reason of such adoption, revision or amendment.
PLAT
A map or maps of a subdivision or site plan.
PRIVATE GARAGE
A building or part thereof accessory to a main building and providing for storage of an automobile or automobiles only.
PUBLIC OR STORAGE GARAGE
A building or part thereof, other than a private garage, for the storage of motor vehicles and in which service station activities may be carried on; a garage conducted as and for a business.
PUBLIC UTILITY
A closely regulated enterprise with a franchise for providing the public with a utility service deemed necessary for the public health, safety and welfare. Such utilities include electric, gas, water, and sewer infrastructure. Public utilities do not include radio stations or wireless communications facilities (governed by Chapter 388).
[Added 12-30-2014 by Ord. No. 14-24]
PUBLIC UTILITY FACILITIES
Buildings, structures and facilities, including generating and switching stations, repeaters, antennas, transmitters and receivers, valves, and all buildings and structures related to the furnishing of utility services such as electric, gas, telephone, water, and sewer to the public.
[Added 12-30-2014 by Ord. No. 14-24]
PUMPING STATION
A building or structure containing the necessary equipment to pump a fluid to a higher level.
[Added 12-30-2014 by Ord. No. 14-24]
REAR YARD
An open space on the same lot with a building, between the rear wall of the building and the rear line of the lot, unoccupied except for accessory buildings and open porches which, in the aggregate, shall occupy not more than 35% of the area. In the case of a corner lot, the owner may designate either of the two interior lot lines as the rear lot line.
RESTAURANT
An establishment where food and drink are prepared, served and consumed, mostly within the principal building, though restaurants may include takeout.
[Added 4-5-2011 by Ord. No. 11-02]
RESTAURANT, DRIVE-THROUGH or DRIVE-IN
An establishment where food or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant and where ordering and pickup of food may take place from an automobile.
[Added 4-5-2011 by Ord. No. 11-02]
ROWHOUSE
Three or more attached houses in a row, with party walls.
SEMIFIREPROOF CONSTRUCTION
Construction in which the structural members are of approved noncombustible construction having the necessary strength and stability and having fire-resistance ratings of not less than four hours for exterior nonbearing walls and wall panels and not less than three hours for columns and for wall-supporting girders and trusses, and in which exterior and interior bearing walls, if any, are of approved masonry or reinforced concrete.
SETBACK LINE
A line drawn at a distance from a lot line equal to the required depth of the respective front, side or rear yard area.
SIDE YARD
An unobstructed open space on the same lot with a building, between the building and the side line of the lot, and extending through from the front to the rear yard, into which space there is no extension of building parts.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street intersections or at intersections of driveways and streets in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection (also known as a "sight easement").
[Added 11-5-2014 by Ord. No. 14-20]
SIGN
Any object, device, display or structure, or part thereof, situated outdoors that is 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, design, symbols, fixtures, colors, illumination, or projected images; and including banners, pennants, flags and similar devices. Signs do not include: the flag or emblem of any nation, federal, state, or municipal government; merchandise, pictures or models of products or services incorporated in an indoor window display; works of art that in no way identify a product; or score boards located on athletic fields.
[Amended 11-5-2014 by Ord. No. 14-20]
SIGN, ANIMATED
Any sign or part of a sign that changes physical position, light intensity, or colors and that requires electrical energy. This definition does not include signs which indicate time, temperature, or date.
[Added 11-5-2014 by Ord. No. 14-20]
SIGN AREA
That area enclosed by one continuous line connecting the extreme points or edges of a sign, including the advertising surface and any framing, trim, or molding but not including the supporting structure. Except where specifically prohibited, all signs may be double-faced, and the maximum area restrictions shall apply to each side of the sign. Where the sign is supported by a post or pylon whose surface is being used for advertising purposes, the area of this post, pylon or other supporting members shall be considered as part of the total allowable sign area. Where the name or advertising message on a sign is divided between a number of panels or parts, the total area of all of the panels or parts shall be considered as one sign, and where a sign consists of individual letters or numbers (such as for channel letters on a facade sign), the area of the sign shall be considered as the total area of the smallest rectangle or rectangles which can collectively enclose all of the letters or numbers, including any open space or hole within the sign's face or any appendage protruding outside the sign's face.
SIGN, BANNER
A temporary sign constructed of cloth, canvas, plastic, or other flexible material, typically suspended or hung by cord, string, or rope from a structure.
[Added 11-5-2014 by Ord. No. 14-20]
SIGN, BILLBOARD
A sign structure and/or sign utilized for advertising an establishment, an activity, a product, service or entertainment, which is solid, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located.
[Added 11-5-2014 by Ord. No. 14-20]
SIGN, CHANGEABLE COPY
A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.
[Added 11-5-2014 by Ord. No. 14-20]
SIGN, DIRECTIONAL
Signs limited to directional messages such as "enter" or "exit," principally for pedestrian and vehicular traffic.
[Added 11-5-2014 by Ord. No. 14-20]
SIGN, DIRECTORY
A sign listing the tenants or occupants of a building or group or buildings and that may indicate their respective professions or business activities.
[Added 11-5-2014 by Ord. No. 14-20]
SIGN, FACADE
The sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than 12 inches from such building or structure.
[Added 11-5-2014 by Ord. No. 14-20]
SIGN, FREESTANDING
Any nonmovable sign not affixed to a building. Freestanding signs include monument (ground) signs and pole (pylon) signs.
[Added 11-5-2014 by Ord. No. 14-20]
SIGN HEIGHT
In the case of a freestanding sign, sign height is computed from grade level to the greatest height at any one point in the sign.
SIGN ILLUMINATION
A sign illuminated by or exposed to artificial lighting, either by lights on or in the sign or directed to the sign.
(1) 
EXTERNALIllumination of a sign that is affected by an artificial source of light not contained within the sign itself.
(2) 
INTERNALA light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface.
(3) 
INDIRECTA source of external illumination, located away from the sign that lights the sign, but is not itself visible to persons viewing the sign from the adjacent street, sidewalk or property.
SIGN, MENU
A sign associated with a drive-through eating establishment, which lists the foods and beverages available for sale, along with the price per item. Where menu signs are permitted, the name of the restaurant that the drive-through is connected may be included on the sign, as well as the logo.
[Added 11-5-2014 by Ord. No. 14-20]
SIGN, MONUMENT
A freestanding sign, also known as a "ground sign," that is attached to the ground such that the entire bottom is in contact with the ground and is independent of any other structure.
[Added 11-5-2014 by Ord. No. 14-20]
SIGN, MULTIPLE OCCUPANCY
Signs relating to a use or facility containing multiple occupancy and tenancy and displaying the various names, professions, and interests of the various tenants.
[Added 11-5-2014 by Ord. No. 14-20]
SIGN, NONCONFORMING
A sign lawfully erected and maintained prior to the adoption of the current ordinance; that does not conform to the requirements of the current ordinance.[2]
[Added 11-5-2014 by Ord. No. 14-20]
SIGN, PORTABLE
A sign not permanently anchored.
SIGN, TEMPORARY
A sign or advertising display designed or intended to be displayed for a limited period of time and that is not permanently affixed to a building, structure, or the ground.
[Added 11-5-2014 by Ord. No. 14-20]
SIGN, WINDOW
A permanent sign that is painted or mounted onto a windowpane, or that is hung directly inside a window solely for the purpose or effect of identifying the premises from the sidewalk or street; or a temporary sign advertising special sales, events, or products.
[Added 11-5-2014 by Ord. No. 14-20]
SITE PLAN
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and other information that may be reasonably required in order to make an informed determination pursuant to Chapter 331, Subdivision of Land and Site Plan Review, of the Code of the Borough of Runnemede requiring review and approval of site plans by the Joint Planning/Zoning Board of Adjustment of the Borough of Runnemede.
STANDARDS OF PERFORMANCE
Standards regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as regulated by applicable federal and state laws or municipal ordinances.
STORY
That part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is six feet or more.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by Chapter 291 of the Laws of New Jersey 1975,[3] or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Joint Planning/Zoning Board of Adjustment and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET OR PROPERTY LINE
A street or road line is the right-of-way or property line of a street or road or other public thoroughfare, publicly or privately owned, as shown on the records of the Camden County Clerk's office or as otherwise legally established.
STRUCTURE
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.
SUBSTANCE ABUSE COUNSELING OR TREATMENT CENTER
Any facility that provides counseling, treatment and/or therapeutic program for recovering alcoholics and drug addicts. For the purpose of this definition, a substance abuse counseling or treatment center shall not provide food or shelter.
[Added 4-5-2005 by Ord. No. 05-04]
TOWNHOUSE
Three or more attached houses in a row, with party walls.
USE
The purpose for which land or a building is arranged, designed or intended or for which purpose land or a building is or may be occupied or maintained.
[1]
Editor's Note: See N.J.S.A. 40:55D et seq.
[2]
Editor's Note: See § 395-18, Signs, for the current sign regulations.
[3]
Editor's Note: See N.J.S.A. 40:55D et seq.
C. 
The present tense shall include the future; the singular shall include the plural, and the plural the singular; the word "shall" is always mandatory.