[Ord. No. 93-24; Ord. No. 97-13 § 1; Ord. No. 02-07 § 1; Ord. No. 05-38 § 1; Ord. No. 05-40 § 1; Ord. No. 11-09, § 2; Ord. No. 11-13 § 1]
The following words and terms shall have the meaning set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meaning indicated by common dictionary definition.
ACCESSORY BUILDINGA building subordinate to the main building on a lot and used for the purposes customarily and incidental to those of the main building.
ACCESSORY USEA use customarily, incidental and subordinate to the principal use conducted on a lot. The use shall bear a relationship to the principal use.
ALLEYA public or private way which does not conform to a definition of a street at the rear or side of a lot, which normally affords a secondary means of access to the abutting property. Frontage on any alley shall not be construed as satisfying the requirements of frontage on a dedicated street.
ALTERATIONAs applied to a building or structure, an alteration is: (1) a change or rearrangement in the structural parts or in the means of ingress or egress; (2) an enlargement or reduction, whether by extending an exterior wall or by increasing or decreasing in height; (3) the moving the structure from one location to another.
APARTMENTA "dwelling unit" as defined in this chapter.
APARTMENT, GARDENA building of not more than three stories in height on a lot and contains four or more dwelling units.
ARTISTA person who is regularly engaged in the fine arts such as painting and sculpture or in the performing or creating arts including choreography and film making, or in the composition of music on a professional basis.
ASSISTED LIVING RESIDENTIAL HEALTH CARE FACILITYA facility which is licensed by the New Jersey Department of Health and has obtained a certificate of need from said Department to provide apartment-style housing, congregate dining and assisted living services when needed for four or more adult persons unrelated to the proprietor of the facility. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance (source N.J.A.C. 8:36-1.3).
AUTOMOBILE BODY SHOPAny building or land area or portion thereof, used or intended to be used for the purposes of automobile body repair, including, but not limited to, repair or replacement of exterior automobile bodies, welding and straightening of body parts, straightening of automobile frames, and sanding or painting of exterior body parts and other customary services of this trade.
AUTOMOBILE CAR WASHAn establishment where automobiles are washed as the principal use on a lot. The word "washed" shall include "interior cleaning and treatments" commonly referred to as "detailing."
AUTOMOBILE REPAIR (SPECIALIZED SERVICES)Any building, land area or other premises or portion thereof, used or intended to be used for the purposes of rendering specialized services associated with the maintenance of automobiles, including: muffler repair and replacement, brake repair and replacement, automobile lubrication, transmission repair and replacement, tire sales, installation and alignment, auto upholstery installation, alternator and starter repair and replacement, auto glass installation and replacement, automobile detailing and engine repair and replacement.
AUTOMOBILE WRECKING YARD (also JUNKYARD)A place where old metal junk or material of any kind including, but not by way of excluding, disabled vehicles either held or not held for sale in parts or as junk metal or materials, paper, glass, rags, bags, or other old material is collected, bought, sold, stored or dealt in. Any place, establishment or land which is maintained, operated or used for storing, keeping, buying, selling or just leaving junk on said premises or for the maintenance or operation of an automobile graveyard is hereby defined as a "junkyard."
BASEMENTThat portion of a building which is partly below and partly above grade, and having at least 1/2 its height and more than 50% of its cubic volume above grade.
BOARDING HOME FOR SHELTERED CAREA for profit or not for profit boarding home, rest home, or other home for the sheltered care of adult persons which, in addition to providing food and shelter for four or more persons unrelated to the proprietor, also provides any personal care or service beyond food, shelter and laundry. These type of facilities may include but not be limited to halfway houses, homes for battered spouses and children, homes for the developmentally disabled, and homes to provide a transition from long-term institutional care to normal activities.
BOARDING HOUSEAny dwelling in which two or more rooms or more than five persons rent with or without meals exclusive of the family as defined herein.
BUFFER AREABuffer area shall mean an area to provide a visual separation of uses and/or activities 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), light fixture(s) or storage of materials shall be permitted.
BUILDINGA combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of steps and uncovered porch, terrace, patio or similar. All dimensions shall be measured between the exterior faces of walls.
BUILDING HEIGHTThe vertical distance from the finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip and gambrel roofs.
BULK AND BULK REGULATIONSA term used to indicate the standards and regulations that control the height, density, intensity and location of structures.
CELLARThat portion of a building which is partly or completely below grade, and having at least 1/2 its height and more than 50% of its cubic volume below finished grade.
CERTIFICATE OF OCCUPANCYA certificate issued by the Construction Code Official of Warren Township which permits the use of property in accordance with the approved plans and specifications and all applicable governmental laws, ordinances and regulations.
CHANGE OF USE OF A BUILDINGA change of use of a building shall occur if occupancy changes from one use group to another as defined by the Uniform Construction Code of the State of New Jersey.
COMMERCIAL VEHICLEAll trucks and trailers, loaded or unloaded, buses or other vehicles with linear measurements greater than any one of the following: 20 feet in length, seven feet in width excluding rear view mirrors, or eight feet in height excluding radio antenna. Also included are all cabs or tractors capable of pulling a trailer. Specifically excluded from this definition are privately used campers and motor homes.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLEDAny community residential facility licensed pursuant to N.J.S. 30:11B-1 et seq. providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act" N.J.S. 26:2H-1 et seq. In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this act, "developmentally disabled person" means a person who is developmentally disabled as defined in section N.J.S. 30:11B-2, and "mentally ill person" means a person who is afflicted with a mental illness as defined in R.S. 30:4-23, but shall not include a person who has been committed after having been found guilty of criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEMeans any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant N.J.S. 30:40-1-14 providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or physiological welfare.
CONSTRUCTION (a/k/a CODE BUILDING) PERMITAn official document issued by the Construction Code Official of Warren Township, authorizing the erection, alteration, repair, renovation, demolition or removal of any building or structure, including excavation, filling and grading related to construction of a building.
CUSTOMARY HOME OCCUPATIONSuch uses which are incidental to the use of the dwelling for residential purposes. Customary home occupation shall include, but not be limited to:
a. Individual instruction of music, singing, etc.
b. Individual private tutoring.
c. Portrait painting or sculpturing, etc.
d. Contractors, tradesmen, provided no materials or equipment are kept at the site.
e. Home-based and self-employed salesperson and/or representative, provided no product is stored or distributed and no personal service rendered at the site.
f. Family day care homes in accordance with subsection
16-5.20 of this chapter.
DENSITYThe permitted number of dwelling units per gross area of land area to be developed.
DRIVE-IN RESTAURANTAn establishment where patrons are served food, soft drinks, ice cream and similar confections, inclusive of refreshment stands commonly called "snack bars," dairy bars," "hamburger stands" or "hot dog stands" or similar uses where customers and patrons are served food, soft drinks or ice cream primarily for their immediate consumption outside the confines of the building or structure in which the business is conducted, regardless of whether seats or other accommodations are provided for the patrons thereto.
DWELLING UNITA permanent building or portion thereof providing sleeping room(s), bathroom(s) and kitchen facilities for the use of one or more persons. Dwelling units shall be differentiated one from the other as follows:
DWELLING, MULTI-FAMILYA building designed and used as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses but not including motels.
DWELLING, TOWNHOUSEAn attached single-family building wherein no family shall occupy air space one above the other as defined in N.J.S. 46:8-1 et seq.
DWELLING-TWO FAMILYA building designed for and occupied exclusively by two families living independently of each other.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FAMILYOne or more persons living together as a single non-profit housekeeping unit whose relationship is of a permanent and domestic character, as distinguished from fraternities, sororities, societies, clubs and associations. Nothing herein shall be deemed to interfere with or restrict the placement of children in a group home per N.J.S. 40:55D-66 or any other use of single-family dwellings protected by State Statute. All commercial residences, non-familial institutions, boarding homes and other such occupancies shall be excluded from single family zones.
FAMILY DAY CARE HOMEA private residence which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act," (N.J.S. 30:5B-16 et seq.); and is further defined as a private residence in which child care services are provided for a fee to not less than three and no more than five children at any one time for not less than 15 hours per week.
FARMINGAgricultural activity conducted on an area of a lot of not less than five acres in size. The land area required by this chapter for a single family dwelling shall not be included as part of the farm land area.
FILLSand, gravel, earth or other materials of any composition whatsoever placed or deposited by any person or persons so as to form a level surface or an embankment or raise the elevation of the land surface.
FILLING STATION (a/k/a GAS STATION)Premises where the principal business conducted thereon is the sale, supply and disposing of gasoline, oil, grease, batteries, tires and automobile accessories at retail, and where normal automobile maintenance and minor repairs are performed, not including auto body work and auto laundry.
FLOOD HAZARD AREAThe land area which lies within the 100-year flood line as depicted on the current State of New Jersey Department of Environmental Protection and Energy (NJDEPE), Division of Water Services, Bureau of Flood Plain Management, Delineation of Floodway and Flood Hazard Area Maps.
FLOOR AREAThe area of floors of a structure measured from the exterior face of exterior walls. The floor area shall not include: basement or attic floor area.
FLOOR AREA RATIO (F.A.R.)The sum of the area of all floors of buildings or structures compared to the total area of the site.
FORESTRYOperation of timber tracts, tree farms, forest nurseries and related activities such as forestation services and the gathering of gums, barks, balsam needles, and maple sap, and which meets the requirements of the "Farmland Assessment Act."
FREESTANDING SIGNA sign supported by poles, columns, upright or foundations affixed to the ground but not attached to any part of any building.
FRESHWATER WETLANDSAn area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation; provided, however, in designating a wetland, the three parameter approach (that is, hydrology, soils and vegetation) enumerated in the April 1, 1987 interim final draft "Wetland Identification and Delineation Manual," developed by the United States Environmental Protection Agency, and any subsequent amendments thereto shall be used.
GARAGE SALESA public sale of used personal property commencing not earlier than 9:00 a.m., terminating by sundown and extending not more than a three-day period. Garage sales shall offer only used items and personal property owned by the resident of the property when the sale is held. No new merchandise shall be offered for sale nor may merchandise from sources other than home(s) be brought in and offered for sale.
GRADEThe mean-average finished ground elevation at the corners of the building.
HABITABLE FLOOR SPACEThe floor area in a structure for living, working, sleeping, playing, eating or cooking (bathrooms, toilet compartments, closets, hallways and like space being included). Attics and basement floor space shall not be considered a habitable floor space unless finished into one of the uses set forth above.
HAZARDOUS MATERIALSAny material which is listed or defined by the NJDEPE as hazardous to the public health, safety or welfare.
HISTORIC BUILDING OR SITEAny building, structure, area or property that is significant in the history, architecture, archeology or culture of the Township, the State of New Jersey or the Federal Government and has been so designated officially by any of the said government bodies.
HORTICULTURELand devoted to the production for sale of fruits of all kinds, including grapes; nuts and berries; vegetables; nursery; floral, ornamental and greenhouse products, and which meets the requirements of the "Farmland Assessment Act."
HOTELA building which contains 100 or more furnished living units for its occupants and in which no living unit contains more than two rooms, exclusive of bathroom, foyer closet or dressing area, terraces or balconies, and providing among other things such services and features as lobby, maid and valet service, linens, central dining room, lounges, concessions, room service, dispensary, games and hobby rooms, public assembly area and other services and features customarily provided in a hotel, including twenty-four-hour office service and dwelling units, as defined in this subsection, for the sole use of resident employees.
JUNKYARDA place where old metal, junk or material of any kind, including, but not by way of excluding, disabled vehicles either held or not held for sale in parts or as junk metal or materials, paper, glass, rags, bags or other old material is collected, bought, sold, stored or dealt in. Any place, establishment or land which is maintained, operated or used for storing, keeping, buying, selling or just leaving junk on said premises or for the maintenance or operation of an automobile graveyard is hereby defined as a "junkyard".
KENNELAny site whereon a business of boarding, selling or breeding dogs for sale is conducted. A pet shop is not included hereinabove.
LOTA designated parcel, tract or area of land, established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.
a. CORNER LOTA lot at the junction of and fronting on two or more intersecting streets. The greater frontage of a corner lot is its depth and its lesser frontage is its width.
b. LOT, FLAGA lot not meeting minimum frontage requirements and where access to the public road is by a private right-of-way or driveway.
d. DEPTH OF LOTThe mean distance between its mean front lot line and its mean rear lot line.
e. WIDTH OF LOTThe width of any lot shall be measured along a straight line connecting the points of intersection of the required minimum front setback line and the side lines of the lot.
MOTELA use which involves a facility which contains at least 100 sleeping rooms each having its own bathroom. Such use may also contain meeting rooms, office and temporary office space, restaurants and retail-commercial space.
NONCONFORMING USEA use that does not comply with the regulations of this chapter for the zone in which it is located.
NURSERY SCHOOLA building where organized care or instruction is given to more than six children under the age of seven years and requiring a minimum of 435 square feet of open space per person and which requires a license from the New Jersey Department of Community Affairs.
NURSING HOMEA health care facility regulated by the New Jersey Department of Health and for which a certificate of need is issued by the New Jersey Department of Health.
OPEN PORCHA roofed structure which projects beyond the main wall of the building and is supported by columns but has no side walls or windows.
OPEN SPACEAny land or water area 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, OFF-STREETFor the purpose of this chapter, an off-street parking space shall consist of an open or enclosed space on a lot adequate for parking an automobile, with properly related access to a public street or alley.
PERFORMANCE STANDARDSStandards 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. The specific standards are set forth in subsection
16-5.13 of this chapter.
PRINCIPAL USEThe main purpose for which a lot or building is used.
PRIVATE GARAGEA building which is accessory to the main building and provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
PUBLIC GARAGEAny building, premises or land, or part thereof, other than a private garage, used for the storage, repair of motor vehicles for profit, or where any such vehicles are kept for hire.
RECREATIONAL MARIJUANA CULTIVATION FACILITIESA facility licensed to grow and cultivate recreational marijuana and to sell recreational marijuana to cultivation facilities but not to consumers.
[Added 4-11-2019 by Ord. No. 19-20]
RECREATIONAL MARIJUANA PRODUCT MANUFACTURING FACILITIESAn entity licensed to purchase recreational marijuana; manufacture, prepare and package recreational marijuana items; and sell items to other recreational marijuana product manufacturing facilities and to recreational marijuana retailers, but not to consumers.
[Added 4-11-2019 by Ord. No. 19-20]
RECREATIONAL MARIJUANA RETAILER ESTABLISHMENTSan entity licensed to purchase recreational marijuana from recreational marijuana cultivation facilities and recreational marijuana items from recreational marijuana product manufacturing facilities or recreational marijuana wholesalers, and to sell recreational marijuana and recreational marijuana products to consumers from a retail store, which shall also be known as a dispensary.
[Added 4-11-2019 by Ord. No. 19-20]
RECREATIONAL MARIJUANA TESTING FACILITIESAn independent, third-party entity meeting accreditation requirements and which is licensed to analyze and certify the safety and potency of recreational marijuana items.
[Added 4-11-2019 by Ord. No. 19-20]
RECREATION SPACEPortion of a development, specifically designed for active or passive recreation, including but not limited to sitting areas, formal and informal sports fields, game rooms, court games, pools, gazebos and pavilions.
RECYCLING SITEPremises where materials containing scrap metal and glass are brought to be sorted, baled, or compacted and then shipped to another location for use in a substantially different form. A recycling site does not include any use involving hazardous materials or flammable materials or the exposure of merchandise for retail use at the site.
RESTAURANTA public eating facility where patrons are first seated at tables, booths or counters, after which food is ordered by them is served to the patrons by waiters or waitresses at such tables, booths or counters. The term "restaurant" does not include drive-in restaurants or fastfood restaurants as otherwise defined in this chapter. (See subsection 16-13.2c6.)
SATELLITE DISH EARTH STATION AND ANTENNASAny apparatus, including structural supports, which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals, with the exception of conventional television antennas. Such apparatus is commonly referred to as a dish antenna.
SETBACK LINEA line drawn parallel to a lot line and at a distance specified in Section
16-8, Schedule, of this chapter.
SIGNAny name, identification, description, display or device which is affixed to, or painted on, or represented directly or indirectly upon a building, structure or parcel of land, and which directs attention to a person, organization, institution, activity, place, object. The word "sign" shall also mean and include any and all forms of advertisement or display as fully described in this chapter and in the Uniform Construction Code.
SOLAR ARRAYA ground-mounted solar connection system consisting of a linked series of photovoltaic modules.
SOLAR COLLECTION SYSTEMA panel or other solar energy device, the primary purpose of which is to provide for the collection, inversion, storage and distribution of solar energy for electricity generation, space heating, space cooling or water heating.
STORYThat 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 the floor and the ceiling next above it; the interior of a roof shall not be considered a ceiling. The height of a story shall be the minimum defined by the Uniform Construction Code.
STORY, HALFA story under a pitched roof at the top of a building and as defined in the Uniform Construction Code.
STREETAny thoroughfare, avenue, boulevard, road, parkway, viaduct, drive or other way (a) which is an existing State, County or Municipal roadway; or (b) which is shown upon a plat heretofore approved pursuant to law; or (c) which is approved by official action as provided by this chapter, or (d) which is shown on a plat duly filed and recorded in the office of the County Clerk 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.
STREET LINEThe street right-of-way line forming the dividing line between the public right-of-way and a lot privately owned.
STREET, PRIVATEA street that has not been, or will not be, accepted by the municipality or other governmental entity.
STRUCTUREA 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.
SUBSTANTIAL IMPROVEMENTSAny improvement or repair of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the improvement is started or the damage has occurred.
SWIMMING POOLPrivate residential and public pools, permanently constructed, above or below ground, having a depth of more than two feet and/or a water surface of more than 100 square feet, designed and maintained for swimming and bathing purposes; pools include all buildings, structures, edging, aprons, walkways and equipment appurtenant thereto.
SWIMMING POOL, PORTABLEA pool not permanently installed, lacking water filtration, circulation and purification systems, without braces or supports, and having less than two feet in water in depth and less than 100 square feet of water surface area.
TRAINING AND CONFERENCE CENTERSA facility not open to the general public, which provides space for training and instruction in a temporary work environment and where sleeping, dining accommodations and other amenities are provided. The facility shall not be deemed a hotel or motel.
YARDSa. FRONT YARDA front yard is an open space within and extending the full width of the lot between the front lot line and the principal building or front yard setback line, whichever the lesser. The depth of the yard shall be measured from the front lot line, where the same coexists with the street right-of-way line or 25 feet from the centerline of the street where the front lot line by deed extends into the roadway.
b. REAR YARDA rear yard is an open space within and extending the full width of the lot between the rear walls of the principal building or rear yard setback line, whichever the lesser and the rear lot line.
c. SIDE YARDA side yard is an open space within the lot line between a side lot line and the principal building or side yard setback line, whichever the lesser.
ZONING OFFICERThe person designated and charged with the administration and enforcement of this and all other applicable land use ordinances.
ZONING PERMITA document signed by the Zoning Officer which:
a. Is required as a condition precedent to the commencement of a use and occupancy or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building.
b. Acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom has been duly authorized by a municipal agency pursuant to Chapter
15 of the Revised General Ordinances of the Township of Warren.