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Scotch Plains City Zoning Code

§ 23-1.8

Definitions.

[Amendments noted where applicable]
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT
The relinquishment of property, or a cessation of the use of the property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.
ACCESS ROADWAY
A fully improved private street providing access to driveways from an improved public street or private roadway.
ACCESSORY STRUCTURE
A structure detached from a principal building Located on the same lot and customarily incidental and subordinate to the principal building or use.
ACCESSORY SUITE
A portion of a single-family dwelling with separate housekeeping facilities in accordance with the conditions set forth in Subsection 23-2.3p of this chapter and approved by the Zoning Officer subsequent to the submission of the notice of intent to establish accessory suite.
ACCESSORY USE
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
ACRE
An area or land which includes a total of 43,560 square feet.
ADMINISTRATIVE OFFICER
The Zoning Officer of the Township of Scotch Plains.
ADULT COMMUNITY PROJECT (ACP)
As described herein shall mean a private residential community comprised of single-family detached dwellings and accessory uses intended for, and limited and restricted to, use and occupancy of:
a. 
Any person of the age of 55 years or over;
b. 
A husband or wife, regardless of age, residing with his or her spouse, provided the spouse of such person is of the age of 55 years or over;
c. 
The child or children residing with a permissible occupant, provided the child or children is or are of the age of 19 years or over; or
d. 
The individual or individuals, regardless of age, residing with and providing physical or economic support to a permissible occupant.
e. 
Occupancy of any dwelling shall be restricted to persons of the age of 55 years or over; provided, however, that a husband or wife, regardless of age, residing with his or her spouse may occupy such dwelling so long as such spouse is of the age of 55 years or over. Further, no dwelling may be occupied by any child under the age of 19 years. In the event that an owner of a lot dies, testate or intestate, leaving as heirs one or more persons who do not qualify as to age, these restrictions shall in no way be deemed to restrict the ownership of said lot by the heirs; provided, however, that said heir or heirs, their successors or assigns shall not reside in the dwelling until he or she meets the age requirements, together with such other requirements that may be contained herein.
f. 
The foregoing occupancy restrictions shall not be construed to prohibit the occupant of any unit in an ACP from entertaining guests, of any age, in their units, including temporary residency not to exceed three months with no financial or other pecuniary consideration to be paid therefor.
AISLE
A travelway used to give immediate access to adjoining parking spaces from another aisle, driveway, passageway or private garage.
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement whether by extension of a side or by increasing in height or by moves of the building from one location or position 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, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
APPROVING AUTHORITY
The Planning Board or Board of Adjustment of the Township of Scotch Plains by ordinance when acting pursuant to the authority of the Municipal Land Use Law[1] and the Land Use and Development Ordinances of the Township of Scotch Plains.[2]
ARTERIAL ROAD
A street that connects and distributes traffic to and from minor streets with access control, channelized intersection and restricted parking.
ATTIC, FINISHED
Attics may be finished not to exceed 1/3 of the of the habitual space of the story below; this language shall be consistent with the UCC (Uniform Construction Code).[3]
AUCTION MARKET
Premises on which are held at periodic times auction sales of merchandise or any other personal property.
BASEMENT
A story partly underground and having 1/2 or more of its clear ceiling height above the average level of the adjoining ground.
BOARD OF ADJUSTMENT
The Board established pursuant to N.J.S.A. 40:55D-69 et seq.
BUFFER AREA
An area unoccupied by any structures, parking spaces, driveways, containers used for garbage, heating, ventilating or air-conditioning equipment and the like, or any other objects other than trees, plants or other growing materials. The buffer area shall be totally within the lot lines of the subject property and in no case shall the right-of-way, street or other public area be used for the buffer area. The provision of fencing and/or shrubbery or other landscaping in the buffer area or as screening in lieu of the required ten-foot or twenty-foot buffer area provided for in this chapter shall be to the satisfaction of the approving authority and shall be adequate to provide a barrier to reduce light and noise transmission to the adjacent property and shall be properly maintained in conformance with the ordinances of the Township.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
BUILDING AREA
The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING COVERAGE
The square footage by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the facades, and including the area under the roof of any structure.
BUILDING HEIGHT
The vertical dimension measured from the average elevation from the finished lot grade at the front of the building to the highest point of ceiling of the roof rafters of the top story of a flat roof, to the top of a deckline of a mansard roof, and to the top of the rafters of the ridge of a gable, hip, or gambrel roof.
BUILDING LINE
A line formed by the intersection of the most projected portion of the foundation wall with the ground of each side of the building, cantilevered sections of a building, overhangs, or other projections, unroofed porches, and steps, and chimneys shall not be considered in determining the building line unless they project more than three feet beyond the foundation. All yard requirements shall be measured to the building line.
BUSINESS
An establishment which offers a product or merchandise for sale to the public, or offers a service to the public for which a fee is paid.
BUSINESS OFFICE
A business establishment which does not offer a product or merchandise for sale to the public but offers a service to the public. However, personal services, such as barbershops and beauty shops, and repair services, such as radio and television repair shops, are not to be included within the definition of business office.
BUSINESS ZONE
Wherever in this chapter the terms "business zone" or "commercial zone" appear, they are to be considered as one and the same.
CANNABIS CONSUMPTION AREA
A designated location either operated by a licensed retailer for adult use or a permit holder for dispensing medical cannabis for which both a state and local endorsement have been obtained, an indoor structurally enclosed area of the cannabis retailer for adult use or permit holder that is separate from the area which retail sales of cannabis items for adult use or dispensing of medical cannabis occurs; no outdoor cannabis consumption areas are permitted.
[Amended 5-18-2021 by Ord. No. 2021-9; 4-16-2024 by Ord. No. 2024-11]
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates or produces cannabis in this state and sells and may transport this cannabis to other cannabis cultivators or useable cannabis to cannabis manufacturers, cannabis wholesalers or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 cannabis cultivator's license.
[Added 5-18-2021 by Ord. No. 2021-9]
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 5-18-2021 by Ord. No. 2021-9]
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's license.
[Added 5-18-2021 by Ord. No. 2021-9]
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 the other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer's license.
[Added 5-18-2021 by Ord. No. 2021-9]
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 the 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 retail license.
[Added 5-18-2021 by Ord. No. 2021-9]
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 5-18-2021 by Ord. No. 2021-9]
CAPITAL IMPROVEMENT
A governmental acquisition of real property or major construction project.
CELLAR
A story partly underground and having more than 1/2 of its clear ceiling height below the average level of the adjoining ground.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Zoning Officer or the construction official upon completion of construction, alterations, or change in use of a building. The certificate shall acknowledge compliance with all requirements of this chapter or such adjustments thereto granted by the approving authority and that the building was constructed in accordance with the plans and specifications filed with the construction official and meets all other applicable Township regulations.
CHURCH
A building or group of buildings, including customary secondary uses and buildings designed or intended for public worship. For the purpose of this chapter, the word "church" shall include chapels, congregations, temples, cathedrals, and similar designations as well as rectories, parish houses, convents, day cares and such secondary uses, incidental to the primary use.
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, waterways, railways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
COMMON OPEN SPACE
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
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 Planning Board.
CONVENTIONAL
Development other than planned development.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development of the county in which the municipality is located with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD
The Planning Board of the County of Union.
CUL-DE-SAC
A dead-end street with a turnaround at the end.
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the lot or, in the absence of an officially established curb level, the mean level of any existing curb or of the lot at the street line.
DAYS
Calendar days.
DEER FENCES
Fences which may extend to a height of not more than eight feet, with supporting posts allowed to extend an additional six inches for a total allowable height of eight feet six inches above grade. Deer fences and poles may be dark brown, dark green, or black to blend with landscaping. Deer fences shall be permitted to provide protection of property of residents of the Township of Scotch Plains. Deer fences may be erected in the front yard of a property in order to protect individual, isolated landscaping.
[Added 8-18-2020 by Ord. No. 2020-15]
DE MINIMIS
a. 
De minimis changes shall be allowed to be reviewed and approved by the Traffic Safety Officer, Engineer, Assistant Engineer or Zoning Officer as it relates to development. Any changes that shall be deemed de minimis shall not create any negative effect that shall diminish health, safety, welfare or traffic safety as it relates to the development.
b. 
"De minimis" shall mean inconsequential, insignificant, meager, moderate, modest, negligible, of minor importance, of no account, paltry, petty, obscure, scanty, slight, trifling, trivial, unworthy of serious consideration.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DENSITY ZONING, RESIDENTIAL
Optional reduction in otherwise specified lot sizes and setbacks in a one-family residential development, in exchange for the dedication of common open space either to the Township where the Township so determines, or to a neighborhood association formed on a compulsory basis of the purchasers of homes in the development, such that there is not more than the number of homes which could be developed under the zoning otherwise specified. This number shall be determined by comparing subdivision plans to be prepared by the developer with and without such reduction in lot size. Minimum tract size for the application of density zoning shall be 10 acres, and shall be permitted only where determined by the approving authority to be appropriate for the reservation of common open space and to be compatible with the planning and design of adjoining and nearby presently or potentially developed areas. The common open space shall be appropriately improved for recreation use, or installation of detention ponds for flood and drainage control, or shall have appropriate protective measures or initial maintenance provided where conservation is proposed, before such open space is dedicated by the developer, as provided in the Subdivision Ordinance (Chapter 22 of this Code).
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 alterations, 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 building or other structure, or land or extension of use of land for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq. Development shall also include any modification to an existing, approved site plan, including but not limited to parking lot modifications and/or expansion, installation or modification of lighting improvements, placement of trash receptacles, except that routine maintenance of any improvement on a site shall not be considered a development.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance, Official Map, ordinance or other Township regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
DIVISION
The Division of State and Regional Planning in the Department of Community Affairs.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRIVE-THROUGH FACILITY
A commercial facility which provides a service directly to a motor vehicle or where the customer drives a motor vehicle onto the premises and to a window or mechanical device through or by which the customer is serviced without exiting the vehicle.
[Added 4-16-2024 by Ord. No. 2024-11]
DRIVEWAY
A travelway providing access from a public street or access roadway to an aisle, passageway of a parking lot or private garage.
DWELLING UNIT
One or more rooms which are so designed as to provide living facilities for one family to reside in and which functions as a single, independent and separate housekeeping unit.
DWELLING, ONE-FAMILY
A detached building containing a dwelling unit designed for or occupied exclusively by one family.
ENVIRONMENTAL COMMISSION
A municipal advisory body created pursuant to P.L. 1968, C. 245 (N.J.S.A. 40:56A-1 et seq.).
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FAMILY
One or more persons lawfully occupying a dwelling unit and living as a single nonprofit housekeeping unit. Also permitted are foster children placed with a family in a dwelling by the Division of Youth and Family Services in the Department of Institutions and Agencies or duly incorporated child-care agency and children placed pursuant to law in single-family dwellings known as "group homes." As used in this section, the term "group home" means and includes any single-family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commission of Institutions; provided, however, that no group home shall contain more than 12 children.
FENCE
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure or screening of yard areas or portions thereof.
FINAL APPROVAL
The official action of the Planning Board or Board of Adjustment when the Board of Adjustment has jurisdiction, taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FLOOR AREA, GROSS
The sum of the horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy. These areas shall be measured between the outside face of exterior walls, or from the center line of walls separating two dwelling units. This area shall not include unfinished areas below the average level of the adjoining ground, garage space, or accessory building space.
FRONTAGE
The land lying along the right-of-way line of a street between the street lot lines of a lot.
GARAGE, PRIVATE
A secondary use or building in conjunction with a primary building or a portion of a primary building which provides for the parking or storage of motor vehicles and in which no occupation, business or services for profit is carried on.
GARAGE, PUBLIC
Any garage other than a private garage which is available for or used for the parking and storage of motor vehicles, boats or other such equipment.
GARBAGE
Animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking, and serving of foods. See "solid waste."
GARDEN APARTMENT
A building or buildings containing four or more dwelling units of not over two stories, other than one- and two-family dwellings, with the habitable floor area of each being on a single level or on two levels, one above the other, provided with a private interior individual stairway.
GARDEN APARTMENT PROJECT
A building or group of buildings designed to accommodate a group of dwelling units within a single project and which is designed so that the group of dwelling units utilize such common facilities as pedestrian walks, parking and garage areas, open space recreation areas and utility and service facilities.
GOLF CLUB
An area of 100 or more contiguous acres containing a full-size golf course, at least 18 holes in length, totaling a minimum to-green length of 6,000 yards, together with such other secondary uses as may be permitted by this chapter.
GOVERNING BODY
The chief legislative body of the municipality.
INFILL DEVELOPMENT
The development of existing oversized lots or properties by subdividing existing lots without the benefit of extending existing roads, streets, or culs-de-sac, as outlined on the Official Map.[4] Any new development or subdivision of existing properties that are newly created lots having existing frontage on an existing street, as indicated on the Official Map, or which creates any new streets, roads, or culs-de-sac shall not be considered infill development.
INTERESTED PARTY
a. 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and
b. 
In the case of civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken pursuant to N.J.S.A. 40:55D-1 et seq. or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this act.
JUNKYARD
Any area or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
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
An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot area.
LOT COVERAGE
The square footage by which all buildings and other surfaces cover a lot as measured in a horizontal plane to the limits of the area or areas. All surfaced parking areas, and all required parking areas which are permitted to remain unsurfaced, shall be included in the computation of total lot coverage. Lot coverage shall also include the area covered by all sheds and the like, swimming pools (both aboveground and in-ground), patios, and tennis courts; as well as unpaved stone, gravel, or semipervious, nonvegetative surfaces. Except in cases where the lot coverage exceeds the requirement as outlined in Subsection 23-3.2 by not more than 5%, an owner may choose to have system installed to control that excess designed by a licensed NJ engineer, reviewed and approved by the Township Engineer.
LOT WIDTH
The horizontal distance between the side lot lines of a lot measured to its depth, along a straight line parallel to the front lot line at the minimum building setback. In no case shall a lot be less than those indicated and calculated on Schedule 23-3.4A.[5]
LOT, CORNER
A parcel of land at the junction of and fronting on two or more intersecting streets.
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required pursuant to N.J.S.A. 40:55D-1 et seq.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MANUFACTURING
The production or assembly of articles or finished products from previously refined raw materials by giving them new forms or qualities.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
MAYOR
The chief executive of the Township. The term shall not mean the municipal manager but shall mean the Mayor of the Township of Scotch Plains.
MICROBUSINESS
a. 
A license holder's cannabis business that has a smaller footprint than a standard cannabis business, with respect to its business operations, capacity, and quantity of product pursuant to N.J.S.A. 24:6I-36.f. A microbusiness shall meet the following requirements regarding owners, passive investors, principals, and employees:
[Added 10-18-2022 by Ord. No. 2022-27]
1. 
One hundred percent of the ownership interest in the microbusiness license applicant or license holder shall be held by current New Jersey resident(s) who has resided in the state for at least the past two consecutive years, at the time of application.
2. 
At least 51% of the total number of persons included in the microbusiness license applicant or license holder, including all owners, principals, and employees, shall be residents of either the municipality in which the microbusiness is or will be located, or of a municipality directly bordering such municipality, at the time of the application.
3. 
The microbusiness license applicant or license holder shall employ no more than 10 employees at one time.
b. 
A microbusiness facility shall occupy an area of no more than 2,500 square feet; the microbusiness facility shall include all areas within the premises that are part of the microbusiness physical plant.
c. 
A microbusiness cannabis cultivator shall have a total cannabis grow area that does not exceed 2,500 square feet, measured on a horizontal plane, and 24 feet measured vertically above that plane and possess a total of no more than 1,000 cannabis plants each month.
d. 
A microbusiness cannabis manufacturer shall acquire no more than 1,000 pounds of usable cannabis each month.
e. 
A microbusiness cannabis retailer shall acquire for retail sale no more than 1,000 pounds of usable cannabis, or equivalent amount in any form of cannabis product or any combination thereof, each month.
f. 
A microbusiness holding an annual license shall not sell or transfer its license. A microbusiness holding an annual license may submit an application to convert from a microbusiness to a standard cannabis business and expand beyond the requirements of this definition.
MINOR SUBDIVISION
A subdivision of land that does not involve the creation of more than three lots, planned development, any new street or extension of any off-tract improvement.
MOTOR VEHICLE SERVICE ESTABLISHMENT
A building or use which is designed or intended to be used for the servicing, repair, maintenance, or cleaning of motor vehicles or other automotive equipment, excluding any use which is defined as a "private garage" by this chapter. In addition, business, properties, structures in conjunction with the process of:
a. 
Sales and dispensing of motor vehicle fuels, sales of products associated with motor vehicles, repair of motor vehicles as well as retail convenience stores as outlined in Subsection 23-5.2e.
MULTIFAMILY BUILDING
A building containing three or more dwellings units, including units that are located one over another.
MUNICIPAL AGENCY
The municipal approving authority, or the governing body of the municipality, when acting pursuant to N.J.S.A. 40:55D-1 et seq., and any agency which is created by or responsible to the Township when such agency is acting pursuant to N.J.S.A. 40:55D-1 et seq.
MUNICIPALITY
The Township of Scotch Plains.
NOISE
Any undesired audible sound.
NONCONFORMING BUILDING OR STRUCTURE
A building or 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 reasons of such adoption, revision or amendment.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. Such lot shall be able to be developed in all cases as long as the development meets the minimum requirements as it relates to the requirements listed in Subsection 23-3.4A, Schedule of Yard, Lot and Building Regulations.[6]
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 reasons of such adoption, revision or amendment.
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
OFF-SITE
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, with changes and additions thereto adopted and established from time to time, by resolution of the Board of Chosen Freeholders[7] of Union County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq.[8]
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
PARKING SPACE AND APPURTENANCES
An off-street space available for the parking of a motor vehicle and which, in this chapter, is held to be an area nine feet wide and 18 feet long, 162 square feet exclusive of aisles, driveways and passageways appurtenant thereto and giving access thereto.
PARTY IMMEDIATELY CONCERNED
For the purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice pursuant to N.J.S.A. 40:55D-12 et seq.
PERFORMANCE GUARANTEE
Any security which may be accepted by a municipality, including cash, provided that a municipality shall not require more than 10% of the total performance guarantee in cash.
PLANNED COMMERCIAL DEVELOPMENT
An area of not less than three acres, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of not less than five acres, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED UNIT DEVELOPMENT
An area not less than 10 acres, to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential uses to residential uses as shall be specified in this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area not less than 10 acres or more, to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.
PLANNING BOARD
The Planning Board of the Township of Scotch Plains, established pursuant to N.J.S.A. 40:55D-23 et seq.
PLAT
A map or maps of subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, N.J.S.A. 40:55D-48 and N.J.S.A. 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the approving authority and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
PRIMARY USE
The main or principal activity taking place or intended to take place in a building or on a lot.
PROFESSIONAL OFFICE
The office of a member of a recognized profession maintained for the conduct of that profession. The definition shall be limited to the professions of medicine, law, architecture, engineering and such similar professions which require a comparable degree of formal education and experience.
PUBLIC AREA
Public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.
QUORUM
The majority of the full authorized membership of a municipal agency.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESTAURANT
Any establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building. However, a snack bar at a public or a community playground, playfield, park or swimming club operated solely by the agency or group operating the recreational facilities and for the sole use of patrons of the facility shall not be deemed to be a restaurant.
RESTAURANT, TAKEOUT
An establishment where food and/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. Takeout restaurants also encompass restaurants that sell food from drive-up windows.
RESUBDIVISION
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
ROOM
As applied to garden apartment projects, shall mean and be defined as a living room, a dining room, a kitchen or a bedroom. A kitchenette, which does not include space for eating, or a dining area of which one full wall is open into a living room shall be counted as 1/2 room. A bathroom shall not count as a room.
SECONDARY BUILDING
A building subordinate to and located on the lot with the principal building, the use of which is clearly incidental to that of the principle building or to the use on the land. By way of example sheds, barns, detached garages, stables and pool houses. An attached private garage shall not be an accessory or secondary building.
SECONDARY STRUCTURE
A building subordinate to and located on the same lot with a principal building, the use of which is clearly incidental to that of the principal building or to the use of the land, and which is not attached by any part of a common wall or common roof to the principal building. An attached private garage is not an accessory building.
SECONDARY USE
A subordinate use of a lot or building, the purpose of which is incidental to that of the primary use and which is located on the same lot.
SEDIMENTATION
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SIDEWALK CAFE
A restaurant with tables and chairs on the sidewalk in front or on the side of the premises.
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, 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, screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the approving authority adopted pursuant to N.J.S.A. 40:55D-37 et seq.
SOLID WASTE
Unwanted or discarded material, including waste material with insufficient liquid to be free-flowing.
SOURCE
That which creates the light, that is, the bulb, arc, flame, etc.
SPECIAL NEEDS SCHOOL
An educational institution, either public or private, which has been approved by the State of New Jersey Department of Education exclusively for children with disabilities, to provide special education and related services in accordance with federal and state law or regulation (N.J.A.C. 6A:14 et seq.).
SPECIAL USE PERMITS
It is recognized that it may be in accordance with the purposes of the Land Use and Development Ordinances of the Township of Scotch Plains[9] and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) to permit activities for a limited period of time, under very specific conditions, which activities may be prohibited by other provisions of the aforesaid ordinance, if such uses are of such a nature and are so located that at the time of petition.
STABLE
A four-sided structure with doors, windows and roof.
STANDARDS OF PERFORMANCE
Standards adopted by ordinance pursuant to N.J.S.A. 40:55D-65d, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosives and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality; or required by applicable federal or state laws or municipal ordinances.
STORAGE BUILDING
A structure or any portion thereof as a secondary use for the storage of goods, wares, merchandise, raw materials, agricultural or manufactured products.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORY
That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above it, then the space between any floor and the ceiling next above it. A "split level" story shall be considered a second story only if its floor level is six feet or more above the floor of the level next below it. Finished attics shall be exempt as long as they meet the requirements of the definition as listed as "attic, finished" (see Subsection 23-6.1).
STORY, HALF
That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half story. A basement shall also be included as a half story.
STREAMBED
The limits of the land area covered by the waters in a stream under conditions of an average twenty-five-year storm.
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 N.J.S.A. 40:55D-1 et seq.; or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of an approving authority and the grant to such approving authority 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 FRONTAGE
The land lying along the right-of-way line of a street between the street lot lines of a lot.
STREET LINE
That line determining the limit of the highway rights of the public, either existing in fact or law, or contemplated as expressed by an official act of the Township or as may otherwise be provided by law.
STREET, DEAD-END
A street with a single common ingress and egress.
STREET, IMPROVED PUBLIC
Any streets that complies in width and construction with municipal standards or a street meeting lesser standards that a municipality agrees to accept.
STREET, MAJOR ARTERIAL
A street that connects and distributes traffic to and from minor arterials, with access controls, channelized intersections and restricted parking. (Comment: Major arterials carry regional traffic between communities at higher speeds and with traffic volumes of 10,000 vehicles per day.)
STREET, MINOR ARTERIAL
A street that interconnects and links arterials and distributes traffic from collector streets. [Comment: Minor arterials overlap major collectors to some extent. Traffic volumes between 5,000 and 10,000 vehicles per day (ADT) with speeds of 30 to 35 miles per hour.]
STREET, PAPER
A street that has never been built but is shown on an approved plan, subdivision plat, tax maps, or official map.
STREET, PRIVATE
A street that has not been accepted by the municipality or other governmental entity.
STREET, RURAL
A road primarily serving as access to abutting building lots in areas with densities of less than one dwelling unit per acre. (Comment: Rural streets usually have rights-of-way of 40 feet and cartways of 18 feet to 20 feet without curbs and sidewalks. Parking may be permitted on one side of the street only.)
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.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created: divisions of land found by the approving authority or subdivision committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size, divisions of property by testamentary or intestate provisions, divisions of property upon court order, and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
SWIMMING POOL
A swimming pool operated as a secondary use to a residential dwelling unit or units and located on an individual residential lot.
TOWNHOUSE
A structure or dwelling unit in a structure, containing three or more dwelling units, arranged side by side or in clusters, so that one dwelling unit is not above or below another dwelling unit. (See "affordable housing" definition in Subsection 23-3.19).
USE
The specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE
Permission to depart from the literal requirements of this chapter pursuant to N.J.S.A. 40:55D-60, 40:55D-40b, and 40:55D-70c and d.
WALK-UP WINDOW
A commercial facility which provides service directly to a customer where the customer walks up to the exterior building and to a window by which the customer is serviced without the need to enter the building.
[Added 4-16-2024 by Ord. No. 2024-11]
YARD AREA, FRONT
An open space, unoccupied by structures, on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the sidelines of that lot. Setback line shall be synonymous with the rear limit of the required front yard area.
YARD, REAR
An open space unoccupied by structures, extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building on the same lot. The depth of a rear yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then in the general direction of its side building lines.
YARD, SIDE
An open space, unoccupied by structures, between the sideline of the lot and the nearest line to the building and extending from the front yard to the rear yard or, in the absence of either side yards, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the sideline of the lot.
ZONING CERTIFICATION LETTER
A document prepared by the Administrative Officer certifying a parcel of property to be in a specific zoning district. Such document shall be relied upon as being accurate to the zone designation only, with reference to the specific property address as well as the corresponding block and lot.
[Added 10-3-2023 by Ord. No. 2023-18]
ZONING OFFICER
Shall be the Administrative Officer designated to administer this chapter and issue zoning permits as well as Zoning Certification Letters of the Township of Scotch Plains.
[Amended 10-3-2023 by Ord. No. 2023-18]
ZONING PERMIT
A document signed by the administrative officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 70.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See Chs. 19, Land Use Procedures; and 22, Land Subdivision Ordinance.
[3]
Editor's Note: See N.J.A.C. 5:23 et seq.
[5]
Editor's Note: Said Schedule is on file in the office of the Township Clerk.
[6]
Editor's Note: Said Schedule is on file in the office of the Township Clerk.
[7]
Editor's Note: Effective 1-1-2021, said Board will be renamed "Board of County Commissioners." See N.J.S.A. 40:20-1.
[9]
Editor's Note: See Chs. 19, Land Use Procedures; and 22, Land Subdivision Ordinance.