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Woodbine City Zoning Code

§ 26-2.1

General Definitions.

[Added 6-16-2022 by Ord. No. 606-2022]
For the purposes of this Chapter certain terms and words are herein defined as follows: The words "used for" include "designed for" and vice versa; words used in the present tense include the future; words used in the singular number include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used; the word "building" includes the word "structure"; the word "dwelling" includes the word "residence"; the word "lot" includes the word "plot" or "parcel"; and the word "shall" is mandatory and not discretionary. Whenever a term is used in this Chapter which is defined in N.J.S.A. 40:55D-1, et seq., such term is intended to have the meaning as defined in the act, unless specifically defined to the contrary in this Chapter. Any word or term not defined herein shall be used with a meaning of standard usage.
ACCESSORY BUILDING OR USE
Shall mean use or structure customarily incidental and subordinate to the principal use of land or buildings, and located on the same lot with such principal use or buildings. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building. (See also Section 26-21 (General Provisions - All Districts and Uses))
AIR RIGHTS
Shall mean the control over construction above the ground, right-of-way building or other structure and watercourses.
ALTERATION, STRUCTURAL
Shall mean any change in the supporting members of a building such as walls, posts, piers, columns, beams or girders.
APARTMENT
Shall mean a room or suite of connected rooms for occupancy as a single dwelling unit by one family in a building having two or more dwelling units.
AUTOMOBILE SALES LOT
Shall mean an open area other than a street which is used for the display, sale, or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
BASEMENT
Shall mean a story having more than 25% of its clear height below the average finished grade.
BED AND BREAKFAST ACCOMMODATION
Shall mean a facility providing overnight accommodations with a morning meal to transients for compensation. (See Subsection 26-62.5 (Special Requirements for Bed and Breakfast Accommodations)).
BILLBOARD
Shall mean any structure or portion thereof situated on private premises on which lettered or pictorial matter is displayed for advertising purposes other than those signs on a building or its grounds giving the name and occupation of the user of the premises, the nature of the business conducted thereon, or the products primarily sold or manufactured thereon.
BUILDING
Shall mean any structure having a roof supported by columns, posts, or walls and intended for the shelter, housing or enclosing of persons, animals or property.
BUILDING, COMMUNITY
Shall mean a building for civic, social, educational, cultural and recreational activities of a neighborhood or community not operated primarily for monetary gain.
BUILDING, COVERAGE
Shall mean the square footage or other area measurement by which a building or structure occupies the land as measured at the grade line around the foundation.
BUILDING, HEIGHT OF
Shall mean the vertical distance measured from the average elevation of the finished grade at a point five feet away from the front of the building to the top of the roof surface for flat and mansard roofs, and to the vertical midpoint between the base of the roof and its peak for gable, hip, and gambrel roofs.
CAMPER
Shall mean:
a. 
A self-propelled vehicular structure as one unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term use which may contain cooking, sleeping and sanitary facilities.
b. 
An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another.
c. 
A portable vehicular structure, built on a chassis, designed for camping, the body of which is basically rectangular with a flat top not more than four feet above the surface of the ground. The camper is designed to have a temporary tent erected above the four foot level for camping activities.
CAMPGROUND
Shall mean a parcel of land upon which two or more campsites are located, established, or maintained for temporary living quarters for children and/or adults for recreation, education, or vacation purposes. Campsites shall include land designated to accommodate any tent or camper. Temporary shall be defined as April 1 to November 1 for this purpose.
CANNABIS
Shall mean 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 for use in cannabis products, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. 'Cannabis' does not include: medical cannabis dispensed to registered qualifying patients pursuant to N.J.S.A. 24:6I-1 et al. and N.J.S.A. 18A:40-12.22 et al.; marijuana as defined by N.J.S.A. 2C:35-2; or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to N.J.S.A. 4:28-6 et al.
CANNABIS CULTIVATOR
Shall mean 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. This person or entity shall hold a Class 1 Cannabis Cultivator license.
CANNABIS DELIVERY SERVICE
Shall mean any licensed person or entity that provides courier services for consumers 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.
CANNABIS DISTRIBUTOR
Shall mean any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 Cannabis Distributor license.
CANNABIS MANUFACTURER
Shall mean 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 to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 Manufacturer license.
CANNABIS PARAPHERNALIA
Shall mean any equipment, products, or materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing or containing cannabis or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body.
CANNABIS PRODUCT
Shall mean a product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. Cannabis product does not include: (1) usable cannabis by itself; or (2) cannabis extract by itself; or (3) any cannabis resin by itself.
CANNABIS RETAILER
Shall mean 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 services 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 that will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 Cannabis Retailer license.
CANNABIS WHOLESALER
Shall mean 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.
CARPORT
Shall mean an attached or detached accessory building designed for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns and of an area between the columns not to exceed 300 square feet.
CELLAR
Shall mean a story having more than 25% of its clear height below the average finished grade.
CLINIC
Shall mean a place where patients are studied or treated on an out-patient basis by physicians specializing in various ailments and practicing as a group and where no overnight accommodations are provided.
CLUSTER DEVELOPMENT
Shall mean a development technique based on a gross dwelling unit density for the entire tract in the zoning district in which it is located and allowing the lot sizes for detached dwellings to be reduced or individual segments to have higher densities so long as the gross density is not exceeded.
COMMISSION (related to cannabis)
Shall mean the Cannabis Regulatory Commission established pursuant to N.J.S.A. 24:6I-24(31).
COMMON PROPERTY
Shall mean a parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon, and designed and intended for the ownership, use and enjoyment shared by the residents and owners of the development. Common property may contain such complimentary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.
CONDITIONAL USE
Shall mean 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.
CONSUMPTION AREA (related to cannabis)
Shall mean a designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both a State & local endorsement has been obtained, that is either: (1) an indoor, structurally enclosed area of the cannabis retailer or permit holder that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis occurs; or (2) an exterior structure on the same premises as the cannabis retailer or permit holder, either separated from or connected to the cannabis retailer or permit holder, at which cannabis items or medical cannabis either obtained from the retailer or permit holder, or brought by a person to the consumption area, may be consumed.
CONVALESCENT HOME
Shall mean an institution where the ill or injured may receive extended care in between post hospital care and complete cure and where medical, nursing, food and lodging services may be provided including examination and treatment facilities including x-ray equipment.
DISTRICT
Shall mean any part of the territory of the Borough of Woodbine to which certain uniform regulations and requirements of this Chapter apply.
DWELLING, DETACHED
Shall mean a building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residential purposes by one housekeeping unit and which has its own cooking, sleeping, sanitary, and general living facilities.
DWELLING, DUPLEX
See Dwelling, semi-detached.
DWELLING, MULTI-FAMILY
Shall mean a building containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other with their own cooking, sanitary and sleeping facilities.
DWELLING, ROW HOUSE
See Townhouse.
DWELLING, SEMI-DETACHED
Shall mean a two-family dwelling with one dwelling unit attached and located beside the other and separated therefrom by a party or common wall, whether or not that wall is a fire wall.
DWELLING, SINGLE-FAMILY
Shall mean a building containing one dwelling unit only and occupied or intended to be occupied exclusively for residential purposes by one family or one housekeeping unit.
DWELLING, TWO-FAMILY
Shall mean a building containing two dwelling units only and intended for residential occupancy by two families each living independently of each other and each with its own separate sleeping, cooking and sanitary facilities.
DWELLING/DWELLING UNIT
Shall mean a room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require the use of outside stairs, common hallways, passing through another dwelling unit, or other indirect route(s) to get to any portion of the dwelling unit nor shall there be shared facilities with another dwelling unit. Attic and/or basement shall not be considered as part of a dwelling unit or units.
EFFICIENCY UNIT
Shall mean a dwelling unit in an apartment house consisting of one room with additional bath and cooking facilities separated from such room by a permanent wall and folding or sliding doors respectively.
EXAMINATION ROOM
Shall mean any room wherein special equipment may be installed for use in the examination or treatment of a patient as distinguished from a waiting room, counseling room or offices of such practitioner.
FARM
Shall mean:
a. 
Principal Uses: A lot at least five acres with 300 feet of lot frontage used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce.
b. 
Accessory Uses: Buildings incidental to farms such as: tenant houses and greenhouses; buildings for housing seasonal workers for the farm's own use; barns, packing, grading and storage buildings; buildings for keeping of poultry permitted livestock; and garages for the keeping of equipment and trucks used in farm operations.
FIRE LANE
Shall mean any right-of-way on private property to permit access by emergency vehicles. Fire lanes shall be kept open and clear of all vehicles or other objects.
FIRST FLOOR AREA
Shall mean first floor area shall be measured by using the outside dimensions of the residential portion of a building excluding the area of an attached garage. For a split level or tri-level dwelling, the area shall be considered to be the sum of the areas of two adjoining levels, excluding cellars and garages.
FLAG LOT SUBDIVISION
Shall mean a flag lot subdivision consists of two lots (one new lot and the remaining parcel). One lot must meet the necessary frontage and area requirements specified for the district requirements with the exception of frontage which shall not be less than 50 feet on an existing street. (See Subsection 26-75.5 (Flag Lot Subdivision)).
FLOOD PLAIN
Shall mean the generally flat terrain adjacent to streams, ponds, lakes, and swamps as shown on the adopted Official Map, Master Plan or this Chapter.
FUTURE STREET RIGHT-OF-WAY
Shall mean the right-of-way of a street as shown on the adopted Master Plan, or 50 feet, whichever is greater.
GARAGE, PRIVATE
Shall mean a detached accessory building or portion of main building for the parking or temporary storage of automobile of the occupants of the main building to which the garage is accessory, and wherein not more than one space is either rented to persons not residents of the lot or used for not more than one commercial vehicle not to exceed two tons in net weight.
GARDEN APARTMENT
Shall mean multi-family dwellings adhering to the standards in Subsection 26-23.10 (Multi-family Housing) and not exceeding 35 feet in height.
GOLF COURSE
Shall mean an area of 50 or more contiguous areas containing a full-size, professional golf course at least nine holes in length, not less than three per each, together with the necessary accessory uses and structures such as club houses, dining and refreshment facilities, providing the operation of such are incidental and subordinate to the operation of the golf course.
GROSS FLOOR AREA
Shall mean gross floor area shall be measured by using the outside dimensions of the building, excluding the area of an attached garage, open porch or patio and further excluding the area used as a basement. Only those floor areas which have a ceiling height of seven feet or more shall be eligible for inclusion in the gross floor area. The gross floor area of an apartment dwelling unit shall be measured from the center of interior walls and the outside of exterior walls and shall include closets, bathrooms and hallways within the dwelling unit in addition to the area of all other rooms within the dwelling unit.
HABITABLE ROOM AREA
Shall mean the floor area within a residential structure to be used for habitation excluding cellars, attics, utility (heating and cooling) rooms and garages and open porches and, in apartment houses, excluding common hallways.
HEIGHT OF BUILDINGS
See Building, height of.
HOME OCCUPATION
Shall mean an occupation for gain or support conducted only by members of a family owning and residing in a one-family dwelling unit plus not more than one person not a resident of the dwelling unit provided that the resident-owner of the dwelling unit is an on-site operator of the occupation; that the residential character of the building is not changed; that the occupation is conducted entirely within the dwelling in either the first floor or the basement, but not both; that not more than the equivalent of 50% of the first floor area of the dwelling unit is used for the occupational or related use; that no sounds are audible outside the building; that no display is visible from outside the building; that no article is sold or offered for sale on the premises; that adequate off street parking is provided and provided further that no machinery or equipment is used, which will cause electrical or other interference with radio and television reception in neighboring residences.
HOMEOWNERS ASSOCIATION
Shall mean an incorporated, nonprofit organization operating in a cluster or planned development under recorded land agreements through which (a) each lot owner is automatically a member; (b) each occupied unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Borough; and (c) each owner and tenant has the right to use the common property.
HOSPITAL
Shall mean an institution where the ill or injured may receive medical, surgical or psychiatric treatment, nursing, food and lodging during illness.
HOTEL
Shall mean a building which (a) contains guest rooms, each having its only access from a central interior corridor which are designed or intended to be used, let, or hired out for compensation; (b) contains a public lobby serving the guest rooms; (c) may contain one or more dining rooms; and (d) has full-time on-site management.
JUNKYARD
Shall mean any area of land with or without buildings, regardless of size, devoted to the storage, keeping or abandonment of junk or debris, including by way of illustration but not of limitation: abandoned automobile tires, automobile parts, paper, rags, metal, glass, or plastic containers, old household appliances, wood, lumber, brush and any stumps or other debris of any material whatsoever.
LICENSE (related to cannabis)
Shall mean a license issued under N.J.S.A. 24:6I-1 et al, including a license that is designated as either a Class 1 Cannabis Cultivator license, a Class 2 Cannabis Manufacturer license, a Class 3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor license, a Class 5 Retailer license, or a Class 6 Cannabis Delivery license.
LOADING SPACE
Shall mean 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 merchandise or materials.
LOT
Shall mean a tract or parcel of land, abutting a street, whose area is sufficient to provide the yard spaces required in this Chapter, and conforming to minimum area requirements of this Chapter.
LOT AREA
Shall mean the area contained within the lot lines of a lot but shall not include any portion of a street.
LOT DEPTH
Shall mean 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.
LOT LINE
Shall mean any line forming a portion of the exterior boundary of a lot.
LOT WIDTH
Shall mean the horizontal distance between the side lot lines measured along the front setback line.
LOT, CORNER
Shall mean a lot on the junction of and abutting on (two) or more intersecting streets where the interior angle of intersection does not exceed 135°.
LOT, INTERIOR
Shall mean a lot other than a corner lot.
MEDICAL CANNABIS
Shall mean cannabis dispensed to registered qualifying patients pursuant to N.J.S.A. 24:6I-1 et al. and N.J.S.A. 18A:40-12.22 et al. Medical cannabis does not include any adult use cannabis or cannabis item that is cultivated, produced, processed, and consumed.
MEDICAL CANNABIS ALTERNATIVE TREATMENT CENTER OR ALTERNATIVE TREATMENT CENTER
Shall mean an organization issued a permit, including a conditional permit, by the Cannabis Regulatory Commission to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant.
MEDICAL CANNABIS CLINICAL REGISTRANT
Shall mean an entity that has a written contractual relationship with an academic medical center in the region in which it has its principal place of business, which includes provisions whereby the parties will engage in clinical research related to the use of medical cannabis and the academic medical center or its affiliate will provide advice to the entity regarding patient health and safety, medical applications, and dispensing and managing controlled dangerous substances, among other areas.
MEDICAL CANNABIS CULTIVATOR
Shall mean an organization holding a permit issued by the Cannabis Regulatory Commission that authorizes the organization to: possess and cultivate cannabis and deliver, transfer, transport, distribute, supply, and sell medical cannabis and related supplies to other medical cannabis cultivators and to medical cannabis manufacturers, clinical registrants, and medical cannabis dispensaries, as well as to plant, cultivate, grow, and harvest medical cannabis for research purposes. A medical cannabis cultivator permit shall not authorize the permit holder to manufacture, produce, or otherwise create medical cannabis products, or to deliver, transfer, transport, distribute, supply, sell or dispense medical cannabis, medical cannabis products, paraphernalia, or related supplies to qualifying patients, designated caregivers, or institutional caregivers.
MEDICAL CANNABIS DISPENSARY
Shall mean an organization issued a permit by the commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from medical cannabis cultivators; purchase or obtain medical cannabis products and purchase or obtain medical cannabis related supplies from medical cannabis manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other medical cannabis dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver consistent with N.J.S.A. 24:6I-20(27)(i); an possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, an related supplies to qualifying patients, designated caregivers, and institutional caregivers; A medical cannabis dispensary permit shall not authorize the permit holder to cultivate medical cannabis, to produce, manufacture, or otherwise create medical cannabis products.
MEDICAL CANNABIS MANUFACTURER
Shall mean an organization issued a permit by the Cannabis Regulatory Commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from a medical cannabis cultivator or a clinical registrant; purchase or obtain medical cannabis products from another medical cannabis manufacturer or a clinical registrant; produce, manufacture, or otherwise create medical cannabis products; and possess, deliver, transfer, transport, distribute, supply, and sell medical cannabis products and related supplies to other medical cannabis manufacturers and to medical cannabis dispensaries and clinical registrants. A medical cannabis manufacturer permit shall not authorize the permit holder to cultivate medical cannabis or to deliver, transfer, transport, distribute, supply, sell, or dispense medical cannabis, medical cannabis products, paraphernalia, or related supplies to registered qualifying patients, designated caregivers, or institutional caregivers.
MINING
Shall mean an extractive process involving the removal of organic or mineral materials.
MOBILE HOME
Shall mean a dwelling unit manufactured in one or more sections designed for long term occupancy; containing sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; and designed to be transported after fabrication on its own wheels, or on flatbed or other trailers; arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations. For purposes of this Chapter, travel trailers are not considered as mobile homes.
MOTEL
Shall mean a building or group of buildings which (a) provides for transient guest rooms with outside entrances; (b) has a public lobby; and (c) may contain one or more dining rooms.
MULTIPLE FAMILY
See Dwelling.
NONCONFORMING BUILDING
Shall mean a building, existing at the date of the passage of this Chapter, which in its design or location upon a lot does not conform to the regulations of this Chapter for the zoning district in which it is located.
NONCONFORMING LOT
Shall mean a lot of record, existing at the date of the passage of this Chapter, which does not have the minimum frontage, depth, or contain the minimum area for the zoning district in which it is located.
NONCONFORMING USE
Shall mean a use which lawfully occupied a building or land at the time of enactment of this Chapter and which does not conform with the use regulations of the district in which it is located according to this Chapter. (See Section 26-24 (Nonconforming Uses, Building or Lots))
NUISANCE
Shall mean any practice which annoys, disturbs or interferes with one in the possession and enjoyment of his property, rendering its reasonable use or occupation physically uncomfortable, e.g.: excessive noise, noxious odors, electronic radiations, vibrations, smoke discharge, glare, improper drainage, etc.
NURSING HOME
Shall mean a structure designed and used for the housing and care of persons afflicted by illness or infirmity, before or following hospitalization, especially the care of elderly, infirm or handicapped persons in which surgical facilities are not provided, but where examination and treatment rooms including x-ray facilities may be provided.
ONE BEDROOM APARTMENT
Shall mean a dwelling unit in an apartment containing not more than one room designed, intended and devoted to sleeping purposes.
PARKING SPACE
Shall mean an area, the width and length meeting requirements of this Chapter, depending on access aisle widths, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle except that nothing shall prohibit private driveways for one- and two-family dwellings from being considered off-street parking areas provided that no portion of such driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. A parking space is intended to be of 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. A parking space shall be a minimum of 10 feet wide and 20 feet in depth, measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
PERMIT (related to cannabis)
Shall mean a permit issued under N.J.S.A. 24:6I-1 et al, that is designated as either a medical cannabis alternative treatment center permit, a medical cannabis cultivator permit, a medical cannabis manufacturer permit, a medical cannabis dispensary permit, or a medical cannabis clinical registrant permit.
PERMITTED USE
Shall mean any use of the land or building as permitted by this Chapter.
POOL, PORTABLE
Shall mean portable pools shall not be subject to the requirements of Section 26-63 (Swimming Pools) and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed 18 inches of water depth; and do not exceed a water surface area of 40 square feet.
POOL, PRIVATE RESIDENTIAL SWIMMING
Shall mean and include artificially constructed swimming pools or tanks, plastic or otherwise, permanently established or maintained upon any premises by any individual for his own or his family's use or guests of his household.
POOL, PUBLIC OR PRIVATE CLUB
Shall mean and include either outdoor or indoor pools which are artificially constructed to provide recreational facilities for swimming, bathing, or wading.
PREMISES OR LICENSED PREMISES (related to cannabis)
Shall mean to include the following areas of a location licensed under N.J.S.A. 24:6I-1 et al.: all public and private enclosed area at the location that are used in the business operated at the location, including offices, kitchens, restrooms, and storerooms; all area outside the building that the Cannabis Regulatory Commission has specifically licensed for the production, manufacturing, wholesaling, distribution, retail sale, or delivery of cannabis items; and, for a location that the commission has specifically licensed for the production of cannabis outside a building, the entire lot or parcel that the licensee owns, leases, or has a right to occupy.
PROFESSIONAL OFFICE
Shall mean the offices of a dentist, physician, attorney or clergyman. Where such offices are part of a structure where there is a residence or residences, the restrictions as outlined under Home occupation shall apply.
PUBLIC PLACE
Shall mean any place to which the public has access that is not privately owned; or any place to which the public has access where alcohol consumption is not allowed, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park playground, swimming pool, shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library or any other public building, structure, or area.
PUBLIC PURPOSES USES
Shall mean the use of land or buildings by the Governing Body of the Borough or any officially created authority or agency thereof.
RECREATION SPACE
See Usable recreation space.
RESIDENTIAL AGRICULTURE
Shall mean the growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on the properties and not for commercial purposes. (See Subsection 26-23.8 (Residential Agriculture))
REST HOME
Shall mean a structure within which elderly, infirm, or ill persons may receive care in addition to meals and lodging for hire.
RESTAURANT
Shall mean any establishment, however designated, at which food is sold for consumption on the premises excluding however, a snack bar or refreshment stand at a public or community swimming pool, playground, playfield, or park, operated in conjunction with and incidental to such recreational facility for the sole convenience of patrons of the facility.
RESTAURANT, DRIVE-IN OR DRIVE THROUGH
Shall mean a restaurant at which any food or refreshments are customarily served to or consumed by any patrons seated in automobiles or otherwise off the premises whether or not, in addition thereto, seats or other accommodations are provided for patrons.
RIGHT-OF-WAY
Shall mean the land and space required on the surface, subsurface, and overhead for the construction and installation of materials, necessary to provide passageway for vehicular traffic, pedestrian, utility lines, poles, conduits, and mains, signs, hydrants, trees, trees and shrubbery and the proper amount of light and air established by local authorities. (See Fire lane.)
SERVICE STATION
Shall mean land and building designed and used 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.
SETBACK LINE
Shall mean a line drawn parallel with 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 setback" means a line that is established a minimum horizontal distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend in order to provide the required yards, except as provided in Subsection 26-75.3 (Corner Lots).
SHOPPING CENTER
Shall mean one or more buildings or parts thereof, to be occupied and used by more than one enterprise for the conduct of business as an integrated and comprehensively planned area.
SIGN
For the purpose of this Chapter the terms "signs" or "advertising structure" shall mean and include every sign, billboard, group sign, roof sign painted or printed on the exterior surface of a building or structure, illuminated sign, temporary sign, awning, banner and canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or persons when the same is placed outdoors in view of the general public.
SITE PLAN REVIEW
Shall mean the examination of the specific development plans for a lot including all pertinent data required in this Chapter. Whenever the term site plan approval is used in this Chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Board.
SMALL WIND ENERGY SYSTEM
Shall mean a wind energy system as defined herein that is used to generate electricity and has a nameplate capacity of 100 kilowatts or less.
SOLAR ENERGY SYSTEM
Shall mean a solar energy system and all associated equipment, including, but not limited to, panels, arrays, footings, supports, mounting and stabilization devices, inverters, electrical distribution wires and other on-site or off-site infrastructure necessary for the facility which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
SOLAR PANELS
Shall mean a structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
STORY
Shall mean that part of any building included between the level of one finished floor and the level of the next higher finished floor, or if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the highest point of the roof. The first story of any building shall be where more than 75% of the story is above the finished grade along the front of the building.
STREET
Shall mean any street, avenue, boulevard, road, lane, parkway, viaduct, alley, or other way which is an existing State, County or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action pursuant to the Municipal Planning Act (R.S. 40:55-1.1, et seq., as amended) or a street or way on a plat duly filed and recorded in the office of the Clerk of the County of Cape May 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, sidewalks, parking areas and other areas within the street lines.
STREET LINE
Shall mean the dividing line between the street right-of-way and a lot line.
STRUCTURAL ALTERATION
Shall mean any change in the structural members of a building such as walls, columns, beams or girders.
STRUCTURE
Shall mean anything constructed or erected, which requires permanent location on the ground or attachment to something having such permanent location.
SWIMMING POOL
See Pool.
TOTAL HEIGHT
Shall mean in relation to a wind energy system, the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.
TOWER
Shall mean a monopole, freestanding, or guyed structure that supports a wind generator.
TOWNHOUSE
Shall mean a one single-family unit in a line of three or more connected dwellings whether or not each dwelling unit is separated by a fire wall or whether it is a line of connected semi-detached units. Each single-family unit may have one or two stories, but nothing in this definition shall be construed to allow one dwelling unit over the other. Each townhouse shall have a front and rear entrance on the ground floor.
TWO-BEDROOM APARTMENT
Shall mean a dwelling unit in an apartment containing not more than two rooms designed, intended and devoted to sleeping purposes.
USABLE RECREATION SPACE
Shall mean open space developed and designed to be utilized for the purpose of recreation whether it be park land, ball fields, or playgrounds.
USE
Shall mean the specific purpose for which a parcel of land or a building or a portion of either is used.
USED CAR LOT
Shall mean any place outdoors where two or more used motor vehicles in operating condition are displayed or offered for sale.
VARIANCE
Shall mean a departure from the terms of this Chapter authorized by the Board of Adjustment or the Governing Body, as the case may be, in accordance with State Statutes.
WIND ENERGY SYSTEM
Shall mean a wind turbine and all associated equipment, including any base, blade, foundation, nacelle, color, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
WIND TURBINE
Shall mean equipment that convert energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
YARD, FRONT
Shall mean an open space, extending across the full width of the lot and lying between the street line and the building setback line. (The depth of the front yard shall be measured horizontally at right angles from the street line, or radially on a curved street, to the building.)
YARD, REAR
Shall mean an open space, extending the full width of the lot between the main building and the rear lot line. (The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear line.)
YARD, SIDE
Shall mean an open space, extending from the front yard to the rear yard between the main building and each side lot line. (The width of the required side yard shall be measured from the nearest point on the side lot line toward the nearest part of the main building.)