A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters, and a private entrance, which is created within an existing home or through the conversion of an existing attached accessory structure on the same site or by an addition to an existing home or accessory building.

A use or structure subordinate to the principal use of a building or structure on the same zone lot and serving a purpose customarily incidental to the principal use of the principal building. It is intended, but not by way of limitation, to include private residential swimming pools as accessory uses to residential structures for the purpose of this definition.

The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).

A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4.

The vehicular access to a parking space.

Any change in the supporting members of a building such as walls, columns, beams or girders.

A developer submitting an 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 for the issuance of a permit pursuant to law.

A story having an average of more than 75% of its clear height above the average level of the adjoining ground for at least 50% of its perimeter.

Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds giving the name and occupation of the user of the premises, the nature of the business conducted therein or the products primarily sold or manufactured therein.

An area of specified width adjacent to a lot line, which may include but not be limited to an area planted with trees, shrubs, ground cover or other vegetation which is designed to screen the view, noise and glare of cars or buildings from adjacent properties or roads.

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

The Uniform Construction Code of the State of New Jersey (N.J.S.A. 52:27D-119 et seq.).[2]

The square footage or other area measurement by which a primary or accessory building or structure occupies the land as measured at the grade line around the foundation.

The vertical distance measured from the average elevation of the finished grade to the top of the roof surface for mansard and flat roofs and to the vertical midpoint between the base of the roof and its peak for peaked roofs.

A public building for civic, social, educational, cultural or recreational activities of a neighborhood or community not operated primarily for monetary gain.

A structure in which is conducted the principal use of the site on which it is situated.

All parts of the plant Cannabis sativa L., 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. 2016, c. 16, for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et al.).

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 usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

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.

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.

A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.

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.

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.

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.

A building level having more than 25% of its clear height below the average level of the adjoining ground for at least 50% of its perimeter.

An application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of commencement of the time period for action by the municipal agency.

A licensed motor vehicle which meets any one of the following criteria:

The New Jersey Council on Affordable Housing established under the Act and which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in this State.

The County Planning Board, as defined in § 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land or development is located.

Any part of the territory of the Borough of Wallington defined on the Zoning Map within which certain uniform regulations and requirements of this chapter apply.[3]

A building which is designed or used exclusively as the living quarters for one or more families and containing complete sanitary cooking and living facilities.

A building occupied or intended to be occupied for residence purposes by one family. A mobile home shall not be considered as a "one-family dwelling."

A building containing not more than two dwelling units and intended for residential occupancy by not more than two families, each living independent of the other and each with its own separate sleeping, cooking and sanitary facilities, but not including mobile homes.

That plan or proposal which is in a form that may readily be converted into an ordinance, by which a municipality proposes to satisfy its obligation to create a realistic opportunity to meet its fair share of the low- and moderate-income housing needs of its region and which details the affirmative measures the municipality proposes to undertake to achieve its fair share of low- and moderate-income housing, as provided in Sections 9 and 14 of the Act, addresses the development regulations necessary to implement the housing element, and addresses the requirements of N.J.A.C. 5:93-7 through 11.

A reasonable number of persons related by blood, marriage or adoption, or a group of a reasonable number of persons not so related, who are living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common. A "family" may also include foster children placed by the New Jersey Division of Youth and Family Services or a duly incorporated child care or placement agency. This definition is intended to be construed in accordance with the developing concepts enunciated by the public policies of this state.

Refers to those domesticated animals which have historically been used in, by or for the production of agricultural income or products and which are generally assumed by prevailing community standards to be associated with farm or agricultural uses. Farm animals shall refer to sheep, chickens, goats, swine, horses, cows or animals of like or similar nature.[4]

A building used for the parking and storage of motor vehicles.

A detached accessory building or portion of a main residential building for the parking of vehicles of the occupants of the main building to which the garage is accessory.

A building or part thereof, other than a private garage, used for the sale, lease, storage, service or repair of motor vehicles and automotive accessories.

The total number of dwelling units existing or permitted on a housing site divided by the total area of the tract. The result is expressed as dwelling units per acre.

One or more buildings erected within an area or tract as part of an integrated and comprehensively planned total unit, whether or not the buildings are erected simultaneously or over a period of time.

A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.[5]

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

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

The area contained within the lot lines of a lot, but shall not include any portion of a street right-of-way.

The horizontal distance between the front and rear lot lines measured from the midpoint of the front lot line to the midpoint of the rear lot line or the average distance from the front to the rear corners.

A line of record bounding the lot. (With corner lots, there shall be two front lot lines; all other lines shall be side lot lines.)

The horizontal distance between side lot lines measured at the required front yard setback line.

Housing affordable according to the federal Department of Housing and Urban Development or the standards included in this chapter for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located, and which is subject to affordability controls promulgated by the Council.

Any commercially manufactured vehicle used, designed or intended for use for permanent occupancy as living quarters for one family, designed to be moved occasionally from one location to another by means of wheels affixed to an axle or carriage affixed to the vehicle and propelled by the power of another vehicle to which it may be attached, whether the axle or carriage to which the wheels may be affixed is detachable or detached.

One or more parcels of land under single ownership which have been planned for the placement of two or more mobile homes, appurtenant structures or additions, provided that mobile homes shall not be stacked one on top of the other.

Housing affordable according to the federal Department of Housing and Urban Development or the standards in this chapter for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income in excess of 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located, and which is subject to the Council affordability controls in this chapter.

A building or group of buildings providing guest rooms, and may have outside entrances, a public lobby and one or more public dining rooms.

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.

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.

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 reasons of such adoption, revision or amendment.

Any area, including parking stalls and maneuvering aisles, used for the temporary storage of automobiles and other vehicles for the private use solely by the occupants thereof to which such use is accessory.

Any area other than a street or other public way used for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation, or as an accommodation for clients, customers or employees.

An area of not less than 10 feet wide by 20 feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for one-family dwellings from being considered off-street parking areas, provided that no portion of the private driveway within the right-of-way line of the street intersected by the driveway shall be considered off-street parking space. The ten-foot-by-twenty-foot area is intended to be sufficient area to accommodate the exterior extremities of the vehicle, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. All parking spaces required in this chapter shall be placed so that they shall have direct unimpeded access to passageways and driveways giving ingress and egress to the public street.

That petition which a municipality files, or is deemed to have filed, which engages the Council's mediation and review process.

The offices of a dentist, physician, artist, planner, surgeon, teacher, attorney, clergyman, accountant, engineer, architect, insurance or real estate agent or any other recognized professional licensed as such by the State of New Jersey.

Any apparatus, building or structure which is designed for the purpose of receiving and/or transmitting television, radio, microwave, satellite or similar signals in connection with what are commonly referred to as "dish-type antennas."

Land and building designed and used for providing for the sale of fuel, lubricants and automotive accessories and for providing maintenance and minor repairs for motor vehicles, but not including body repairs or, under any circumstances, the storage of inoperable or wrecked vehicles.

A line drawn parallel to a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required front yard setback" means a line that is established a minimum distance from the existing or the future street right-of-way or front lot line beyond which a building or part of a building is not permitted to extend toward the street in order to provide the required yards.

Standards adopted by ordinance pursuant to law regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive 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.

That portion of a building included between the surface of any floor and the surface of the floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. The first story of any building shall be where more than 75% of the story is above the average level of the adjoining ground for at least 50% of its perimeter.

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided by statute; 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 Planning Board 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.

The dividing line between the existing or future street right-of-way and a lot. Where title to land extends into or to the center of a street, the edge of the present right-of-way of the street, including any drainage ditch, shall nevertheless be deemed to be the "street line."

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, including but not limited to buildings, fences, pools, tanks, towers, signs and advertising devices.

Where the cost to restore to the condition existing immediately before the destruction will exceed 50% of the fair market value of the structure immediately prior to its demolition.

Those pools which are not otherwise permanently installed, do not require water filtration, circulation and purification, do not exceed two feet of water depth and do not exceed a water surface area of 80 square feet. Portable swimming pools shall not be subject to the requirements of this chapter.

Any artificially manufactured or constructed swimming pool or tank permanently or temporarily established or maintained upon premises by any individual for their own use or family's use or use by guests of the household, which has a capacity for water depth of more than 12 inches, whether maintained above- or below-ground.

Includes either outdoor or indoor pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading.

A typed or printed verbatim record of proceedings or reproduction thereof.

The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.

Those expenses that are in addition to the base rent, such as heat, electricity and cooking fuel, that are included in the thirty-percent utility allowance as outlined in the lease.

The Board of Adjustment's or Planning Board's authorized departure from the literal requirements and terms of this chapter in accordance with the procedures contained herein.

An open space which lies between the principal or accessory building or buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.

The Zoning Map of the Borough of Wallington, New Jersey, adopted upon the adoption of this chapter, together with all amendments subsequently adopted.[6]