City of Burlington, NJ Article I General Provisions

§ 207-1 Short title.

This chapter shall be known and may be cited as "The City of Burlington Land Use Ordinance of 1983" to the same effect as if the full title were stated.

§ 207-2 Purpose.

[Amended 6-14-2011 by Ord. No. 05-2011]

This chapter is enacted in accordance with the Master Plan of the City, as amended, for the following purposes:

A. To guide the appropriate use and development of land, in a manner which will promote the public health, safety, morals and general welfare;

B. To secure safety from fire, flood, panic and other natural and man-made disasters;

C. To provide adequate light, air and open space;

D. To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons and neighborhoods, and preservation of the environment;

E. To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;

F. To promote a desirable visual environment through creative development techniques and good civic design and arrangements;

G. To protect and preserve the unique character, identity and historic heritage of historic districts and historic sites;

H. To comport with other such purposes as set forth in N.J.S.A. 40:55D-2.

§ 207-3 Definitions; word usage.

[Amended by Ord. No. 13-1998]

A. General rules of construction. All words as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., if not defined in this section, are incorporated herein and declared to be a part of this section.

(1) The word "lot" includes the word "plot."

(2) The word "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be occupied or used."

(3) The word "shall" is mandatory and not discretionary.

(4) The word "structures" includes the word "building."

(5) The word "zone" includes the word "district."

B. Specific definitions. As used in this chapter, the following terms shall have the meanings indicated:

[Amended 8-7-2007 by Ord. No. 15-2007; 6-14-2011 by Ord. No. 05-2011; 7-12-2014 by Ord. No. 07-2014]

ACCESSORY APARTMENT

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 accessory structure on the same site, or by an addition to an existing home or accessory building. Accessory apartments shall provide affordable, disabled or senior living space to assist the City in meeting its affordable housing obligation.

ACCESSORY BUILDING

A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.

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.

ADDITION

An extension or increase in floor area or height of a building or structure. When applied to buildings and structures regulated by Article IV, "addition" shall also mean the construction of new improvements as part of an existing structure when such improvement changes or affects the exterior of such structure.

ADMIMSTRATIVE OFFICER

The administrative officer for the Land Use Board for the submission of applications, filing of plans and other supporting documentation required by this chapter and for the payment of fees shall be the Secretary of the Board. When notice of an application or hearing is required and the applicant requests, in writing, a certified list of the names and addresses of the property owners to whom the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12(c), the administrative officer to whom the applicant makes the request for the list and to whom the fee, in accordance with the same statute, is to be paid shall be the Construction Official. For the conduct of all other business involving developmental approvals in the City and not covered by the above provision, the administrative officer for the Board shall be the Municipal Clerk.

AFFORDABLE

A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:97-9.

AFFORDABLE UNIT

A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:97-4, and/or funded through an affordable housing trust fund. (See also Chapter 70 of the Code of the City of Burlington, Affordable Housing, Article V, Affordable Housing Obligation).

AGE RESTRICTED

A housing unit that is designed to meet the needs of, and is exclusively for, an age-restricted segment of the population such that:

(1) All of the residents of the development where the unit is situated are 62 years or older;

(2) At least 80% of the units are occupied by one person that is 55 years or older; or

(3) The development has been designated by the Secretary of HUD as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

ALLEY

A service roadway providing a secondary means of access to abutting property and not intended for general traffic circulation.

ALTERATION

A change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another. When applied to buildings and structures regulated by Article IV, alteration shall also include changes to the exterior appearance of the building or structure, including but not limited to architectural designs and details, materials and color.

APPLICANT

Any private person, persons or any representative of any private entity, private organization, association, or public agency with legal authority to make an alteration, addition, renovation, or repair or to demolish a structure that is governed under this section of the municipal ordinances.

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 the MLUL.[1]

APPROVING AUTHORITY

The Land Use Board.

APPURTENANCES

The visible, functional, or ornamental objects accessory to, and part of, buildings or structures.

ASSEMBLY, PLACE OF

A room or space, accommodating individuals with capacity based on building, zoning and fire codes, for religious, recreational, political, social or amusement purposes, or for the consumption of food and drink, including all connected rooms or spaces with a common means of egress and entrance.

BANQUET HALL

An establishment which is rented by individuals or groups to accommodate private functions including, but not limited to, banquets, weddings, anniversaries and other similar celebrations.

BASEMENT

A space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6.5 feet.

BED-AND-BREAKFAST

A facility providing sleeping or dwelling accommodations to transient guests in accordance with N.J.A.C. 5:70-1.5. A bed-and-breakfast is limited to single-family detached homes with no more than five lodgers or boarders at any one time. Also known as a "tourist home."

BLOCK

An area bounded by neighboring and intersecting streets or a combination of streets, railroad rights-of-way, waterways, City boundary lines or any other barrier to the continuity of development or as otherwise illustrated on the official Tax Maps.

BOARDINGHOUSE

A building which contains two or more units of dwelling space arranged or intended for single-room occupancy wherein personal or financial services are provided to residents, including any residential hotel or congregate living arrangement pursuant to N.J.S.A. 55:13B-1 et seq. and N.J.A.C. 5:27.

BUILDING

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

BUILDING COVERAGE

The ratio of the horizontal area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area.

BUILDING HEIGHT

The vertical distance of a building measured from the mean ground elevation at the front of the building to its highest point, but not including chimneys, spires, towers, elevator penthouses, tanks, antennas, air-conditioning equipment and similar projections; provided, however, that such projections shall not cover more than 5% of the roof area and shall be shielded by a parapet wall.

BUILDING SETBACK LINE

A line within any lot, usually making the limits of a required yard space, parallel to any street line, between which and the street line no building or portion thereof may be erected.

CANNABIS CULTIVATION FACILITY

A person or entity holding a Class 1 Cannabis Cultivator license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 1 licensees' primary business is the growth, cultivation, or production of cannabis to sell cannabis to cannabis products to manufacturing and to other cannabis cultivation facilities, but not to individual customers and/or retail consumers.

[Added 7-13-2021 by Ord. No. 17-2021]

CANNABIS DELIVERY SERVICE

A person or entity holding a Class 6 Cannabis Delivery license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 6 licensees' primary business is the provision of courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer.

[Added 7-13-2021 by Ord. No. 17-2021]

CANNABIS DISTRIBUTION FACILITY

A facility or other place of business operated by a Cannabis Distributor or Cannabis Delivery Service in providing services as a Class 4 or Class 6 licensee pursuant to license under N.J.S.A. 24:6I-31 et seq. and any regulations adopted by the Cannabis Regulatory Commission, where such person or entity lawfully engages in the bulk distribution or consumer delivery of cannabis, usable cannabis or cannabis products.

[Added 7-13-2021 by Ord. No. 17-2021]

CANNABIS DISTRIBUTOR

A person or entity holding a Class 4 Cannabis Distributor license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 4 licensees' primary business is the transportation of cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator or transporting cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment. Class 4 Cannabis Distributors may also engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.

[Added 7-13-2021 by Ord. No. 17-2021]

CANNABIS INDUSTRIES

Shall be collectively defined as cannabis cultivation facilities, cannabis product manufacturing facilities, cannabis retailer establishments and cannabis testing facilities and refers to a person or entity operating a business pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission.

[Added 7-13-2021 by Ord. No. 17-2021]

CANNABIS LICENSEE

Any person licensed or registered pursuant to the Act.

[Added 7-13-2021 by Ord. No. 17-2021]

CANNABIS PRODUCT MANUFACTURING FACILITIES

A person or entity holding a Class 2 Cannabis Manufacturer license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 2 licensees' primary business is processing 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.

[Added 7-13-2021 by Ord. No. 17-2021]

CANNABIS RETAILER ESTABLISHMENTS

A person or entity holding a Class 5 Cannabis Retailer license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 5 licensees' primary business is purchasing or otherwise obtaining usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and reselling these to consumers either through a retail store or use of a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers.

[Added 7-13-2021 by Ord. No. 17-2021]

CANNABIS TESTING FACILITIES

An independent, third-party entity meeting accreditation requirements established by the State of New Jersey that is licensed to analyze and certify the safety and potency of cannabis items.

[Added 7-13-2021 by Ord. No. 17-2021]

CANNABIS WHOLESALER

A person or entity holding a Class 3 Cannabis Wholesaler license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 3 licensees' primary business entails the purchase or otherwise obtaining, storing, selling and otherwise transferring, 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.

[Added 7-13-2021 by Ord. No. 17-2021]

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CAR CARE AND WASH

A facility solely for the purpose of washing and waxing cars.

CARTWAY

The portion of a street right-of-way designed or intended for vehicular use.

CELLAR

A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6.5 feet. A cellar shall not be used as inhabitable space.

CERTIFICATE OF APPROPRIATENESS

A document indicating permission or a permit to commence work or activity on a structure located within the historic district or a designated historic site, issued by the Land Use Board in conformity with Article IV.

CERTIFICATE OF USE AND OCCUPANCY

The certificate issued by the Construction Official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building.

CHANGE OF USE

Any use that differs from the previous use of a building or land.

CHILD-CARE CENTER

An establishment for the care, supervision and protection of children regulated and licensed by the New Jersey Department of Human Services and under the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D, Article 8.

CLUBS, LODGES AND FRATERNAL ORGANIZATIONS

The nonprofit use of land and structures for social activities among group members and their guests.

COMMUNITY RESIDENCES AND ADULT FAMILY CARE HOMES

A dwelling unit licensed to provide a living environment for unrelated residents who operate as the functional equivalent of a family, including supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of developmentally disabled, victims of domestic violence, terminally ill, persons with head injuries, and adult family care homes for elderly persons and physically disabled adults. See the Municipal Land Use Law, N.J.S.A. 40:55D-66.1 for community residences and N.J.S.A. 40:55D-66.2 for definitions of specific types of community shelters and residences.

COMPLETE APPLICATION

The complete application for subdivisions, major and minor, preliminary and final, and site plans, shall consist of the following:

(1) A completed application on a form provided by the City and such other documentation as is required for the type of application for which consideration is requested;

(2) Sufficient number of plans prepared in accordance with the applicable step, stage of approval or type of approval for which consideration is requested. A checklist for each type of application is set forth in Appendix A to this chapter.[2] The applicant may request that one or more of the submission requirements be waived in which event the Board shall act upon such requests within 45 days;

(3) Payment of all required fees, escrows and taxes, current or delinquent, as required by ordinances of the City. No application for development shall be deemed complete if there are outstanding, uncollected fees and escrows resulting from past applications or prior submissions by this applicant and/or involving the property in question or any part thereof, including the base tract;

(4) Final approval for subdivision and site plans, where bondable improvements are required, shall require the posting of the performance guarantee or installation of such improvements prior to the submission;

(5) Proof of compliance with all conditions imposed by the preliminary approval, if applicable.

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 Land Use Board.

CONSTRUCTION OFFICIAL

The local municipal official duly charged with the administration and enforcement of the Uniform Construction Code and designated portions of this chapter.

CONSUMER

Any person legally qualified to purchase recreational cannabis pursuant to N.J.S.A. 24:6I-31 et seq. As of the date of adoption of this Ordinance, New Jersey law requires a consumer as defined herein be at least 21 years of age or older and that such purchases of recreational cannabis are for personal use, not for resale to others. Any future restriction or other modification concerning the qualifications applicable to cannabis consumers by the State of New Jersey shall constitute a parallel restriction or modification of the qualifications to purchase or possess legalized cannabis within the City.

[Added 7-13-2021 by Ord. No. 17-2021]

CONVENIENCE STORE AND FUEL CENTER

A property planned, operated, and maintained as an integrated development that contains land and structures engaged in the retail sale of gasoline, oil, grease, and other minor motor vehicle accessories. Such center may include a retail convenience store of up to 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy and beverages and limited amounts of freshly prepared foods such as sandwiches and salads for off-premises consumption.

DEMOLITION

The razing, obliteration, removal or destruction of an improvement, structure or building, or any part thereof.

DEVELOPER

The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or 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 this chapter.

DISABLED PERSON

A person with a physical disability, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect, aging or illness including epilepsy and any other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment or physical reliance on a service or guide dog, wheelchair, or other remedial appliance or device (N.J.S.A. 52:27D-304k).

DRIVE-IN SERVICES

An establishment in which either the order or pick up of goods or service is from a motor vehicle.

DWELLING, APARTMENT OR FLAT

A part of a building consisting of one or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit. The units may share common entrances and other spaces and individual units may be owned as condominium or offered for rent.

DWELLING, ATTACHED

A one-family dwelling with ground-floor outside access, attached to two or more one-family dwellings by common vertical walls without openings.

DWELLING, DETACHED

A dwelling that is not attached to any other dwelling by any means.

DWELLING, GARDEN APARTMENT BUILDING

One or more two- or three-story, multifamily structures, generally built at a gross density of 10 to 15 dwelling units per acre, with each containing eight to 20 dwelling units and including related off-street parking, open space and recreation facilities.

DWELLING, MID-RISE APARTMENT BUILDING

A multifamily building containing four or five stories.

DWELLING, MULTIFAMILY

A building containing three or more dwelling units including units that are located one over another.

DWELLING, SEMIDETACHED

One side of each dwelling unit is a party wall in common with an adjoining unit.

DWELLING, SINGLE-FAMILY DETACHED

A building containing one dwelling unit that is not attached to any other dwelling by any means and is surrounded by open space or yards.

DWELLING, SINGLE-FAMILY SEMIDETACHED

A one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on an individual lot or both on one lot.

DWELLING, TOWNHOUSE OR SINGLE-FAMILY ATTACHED

A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

DWELLING, TWO-FAMILY

Two dwelling units, one above each other.

DWELLING UNIT

A single unit designed for and occupied by one or more individuals living together as a single housekeeping unit providing complete, independent living facilities, including permanent provisions for living, sleeping, eating, cooking and sanitation.[3]

ESSENTIAL SERVICES

Facilities for the underground or overhead distribution of public utility services required for permitted uses in the district, limited to electric substations and water and wastewater infrastructure.

FAMILY

Persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a stable and permanent living unit, being a traditional family unit or the functional equivalent thereof.

FAMILY DAY-CARE HOME

A private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.).

FENCE

An artificially constructed barrier of any material or combination of materials erected to define, enclose, screen, or separate a portion of a property, which may include, in part, decorative planting.

FINAL APPROVAL

The official action of the Land Use Board 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.

FLAMMABLE AND COMBUSTIBLE

Subject to easy ignition and rapid flaming combustion.

FLOOD HAZARD AREA

The land, and space above that land, which lies below the flood hazard area design flood elevation in accordance with N.J.A.C. 7:13 et seq., Flood Hazard Area Control Act Rules.

FLOOR AREA, GROSS

The total of all habitable space in a building or structure.

FLOOR AREA, RETAIL AND SERVICE

That portion of the total floor area relegated to use by the customer and employees to consummate retail sales and services, including display areas for goods, but not including office space or storage areas.

GARAGE, PRIVATE

A building accessory to the main building on the same lot, designed to house or store not more than four motor vehicles and intended for the sole use of the main building's occupants.

GARAGE, PUBLIC

A building or part thereof, other than a private garage, used for the storage of motor vehicles for profit. It may include the sale of fuels or accessories or keeping of vehicles for hire as a secondary use.

GUEST HOUSE

A boarding-or rooming house containing fewer than eight units that must be registered and collect and remit sales tax in accordance with N.J.A.C. 18:24-3.3.

HABITABLE ROOM

A room or enclosed floor space arranged for living, eating and sleeping purposes, not including kitchen, kitchenette, living room, dining room, bathroom, water closet compartment, laundries, pantries, foyers, hallways and other accessory floor space.

HAZARDOUS FACILITIES

A building, structure or site or any portion thereof that is used for the storage, manufacture, or processing of highly combustible or explosive products or materials that are likely to burn with extreme rapidity or that may produce poisonous fumes or explosions; for storage or manufacturing that involves highly corrosive, toxic, or noxious alkalis, acids, or other liquids or chemicals producing flame, fume, or poisonous, irritant, or corrosive gases; and for the storage or processing of any materials producing explosive mixtures of dust or that result in the division of matter into fine particles subject to spontaneous ignition.

HOME OCCUPATION

A profession or business conducted in a dwelling or in an accessory building by a member of the family residing on the premises, such profession or business being clearly incidental and secondary to the use of the main building for residential purposes and not changing the exterior appearance of the building. Such occupations shall include, but not be limited to, those of doctors, lawyers, architects, engineers, artists, accounting, real estate and insurance, barbers and beauticians and babysitting for no more than five nonresident children.

HOTEL

A facility offering transient lodging accommodations for the general public and which may include additional facilities and services such as restaurants, meeting rooms, entertainment, personal services and recreational facilities. Access to units is primarily from interior lobbies, courts or halls.

IMPERVIOUS COVERAGE

That part of the lot that is covered by impervious surfaces.

IMPROVEMENT

Any structure or part thereof erected or installed upon real property by human endeavor and intended to be placed upon such realty for a period of permanency.

LOADING AREA

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

LOT

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

LOT AREA

The area in square feet of a lot, determined by the limits of the lot lines bounding the lot, not including any portion used or intended for use as a street or street right-of-way.

LOT, CORNER

A parcel of land located at the junction of and fronting on two or more intersecting streets.

LOT COVERAGE

That portion of a lot which is covered by buildings and/or impervious materials.

LOT DEPTH

The shortest distance measured from the front lot line to the rear lot line.

LOT FRONTAGE

The length of the front lot line measured at the street right-of-way. In the case of a corner lot, any portion of the lot extending along a street line shall be considered lot frontage.

LOT, INTERIOR

A lot fronting on one street only.

LOT, THROUGH

An interior lot having frontage on two parallel or closely parallel streets.

LOT WIDTH

The mean horizontal width measured at right angles to the lot depth.

MANUFACTURE

A function involving either the processing or production of materials, goods or products.

[Added 2-2-2021 by Ord. No. 02-2021; amended 7-13-2021 by Ord. No. 17-2021]

MARIJUANA CULTIVATION FACILITY

A facility licensed to grow and cultivate marijuana and to sell marijuana to marijuana product manufacturing and to other marijuana cultivation facilities, but not to consumers.

[Added 2-2-2021 by Ord. No. 02-2021]

MARIJUANA PRODUCT MANUFACTURING FACILITIES

An entity licensed to purchase marijuana; manufacture, prepare and package marijuana items; and sell items to other marijuana product manufacturing facilities and to marijuana retailers, but not to consumers.

[Added 2-2-2021 by Ord. No. 02-2021]

MARIJUANA RETAILER ESTABLISHMENTS

An entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana items from marijuana product manufacturing facilities or marijuana wholesalers and to sell marijuana and marijuana products to consumers from a retail store, which shall also be known as a dispensary.

[Added 2-2-2021 by Ord. No. 02-2021]

MARIJUANA TESTING FACILITIES

An independent, third-party entity meeting accreditation requirements established by the division that is licensed to analyze and certify the safety and potency of marijuana items.

[Added 2-2-2021 by Ord. No. 02-2021]

MEDICAL CANNABIS

Cannabis dispensed to registered qualifying patients pursuant to state law. "Medical cannabis" does not include any cannabis or cannabis item which is cultivated, produced, processed, and consumed in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.).

[Added 7-13-2021 by Ord. No. 17-2021]

MIXED USE BUILDING OR DEVELOPMENT

The development of a neighborhood, tract of land, building or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, retail, public, and recreation, in a compact, urban form.

MOTEL

A building or group of buildings in which lodging is provided to transient guests, offered to the public for compensation, and in which access to and from each room or unit is through an exterior door.

NONCONFORMING LOT

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning provisions of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning provisions of this chapter, but which fails to conform to the requirements of the district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of the zoning provisions 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, revisions or amendment.

OPEN AREA

That portion of a lot which is required to remain uncovered by buildings or impervious materials except that sidewalks and access drives located between the building setback line and the street right-of-way line shall be considered to be open area.

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.

OWNER

Any person, who alone, or jointly or severally with others:

(1) Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(2) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, or as executrix, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and the rules and regulations adopted pursuant thereto, to the same extent as if he/she were the owner.

PARKING SPACE

A space available for the parking of a motor vehicle exclusive of passageways and driveways appurtenant and giving access thereto. Such area may be located on ground level, aboveground or below ground.

PARKING SPACE, OFF-STREET

A temporary storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.

PARKING SPACE, ON-STREET

A temporary storage area for a motor vehicle that is located on a dedicated street right-of-way.

PENTHOUSE

An enclosed structure above the roof of a building, other than a roof structure or bulkhead, occupying not more than 33 1/3% of the roof area.

PERFORMANCE GUARANTEE

Any security approved by the Land Use Board, including but not limited to surety bonds, letters of credit and cash, which may be accepted in lieu of the requirements that certain improvements be made before the issuance of a building permit.

PERMIT

An official document or certificate issued by the authority having jurisdiction authorizing performance of a specified activity.

PLAT

A map or maps of a subdivision or site plan.

PLAT, FINAL

A map of all or a portion of a subdivision or site plan which is submitted to the Land Use Board for final approval and which meets the detail requirements of § 207-43 and, if approved, shall be filed in accordance with § 207-50.

PLAT, PRELIMINARY

A map which indicates the proposed layout of the subdivision or site plan which is submitted to the Land Use Board for consideration and tentative approval and which meets the detail requirements of § 207-42.

PLAT, SKETCH

A map of a subdivision or site plan of sufficient detail and accuracy, as described in §§ 207-37 and 207-39, to be used for the purpose of discussions and classification.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to Sections 34, 36, and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46, 40:55D-48, and 40:55D-49) prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRINCIPAL USE

The primary use conducted on a lot or within a building on a specific lot. For the purpose of this chapter, a principal use is one allowed by right or as a conditional use.

PROFESSIONAL OFFICE

The office of a physician, dentist, psychologist, lawyer, engineer, accountant, architect, land surveyor or persons providing similar professional services.

RENEWABLE ENERGY PRODUCTION, ON-SITE

A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.

REPAIRS

Any work done on, or any improvement to, an existing structure which is not an addition and does not change the appearance of the exterior surface of such structure or improvements.

REPLACEMENT

Any work done on any improvement in the nature of repairs, but requiring a building permit.

RESTAURANT

An establishment where food and drink arc prepared, served and consumed, mostly within the principal building.

RESTAURANT, CAFETERIA

A restaurant in which patrons wait on themselves, carrying their food from counters, where it is displayed and served, to their tables.

RESTAURANT, TAKE-OUT

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.

RIGHT-OF-WAY (ROW)

A strip of land acquired by reservation, dedication, prescription, or condemnation that is intended to be used as a public way such as a street, crosswalk, railroad, utility transmission lines or piping (oil, gas, water, etc.), or other similar uses.

ROOMING HOUSE

A boardinghouse wherein no personal or financial services are provided to the residents, pursuant to N.J.S.A. 55:13B-1 et seq. and N.J.A.C. 5:27.

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore, or adult video store, adult entertainment establishment, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio, and/or sexual encounter center. (See Chapter 66 of the City Code for additional definitions of "sexually oriented businesses" under Adult Establishments.)

SIDEWALK CAFE

A portion of an eating or drinking establishment located on a public sidewalk which functions as an extension of the use of the adjacent private property by an eating or drinking establishment. A sidewalk cafe is open to the sky except that it may have awnings or umbrellas. No portion of the sidewalk cafe shall be used for any purpose other than dining, drinking, and the associated circulation therein. Use of the sidewalk for a cafe shall be approved by City Council.

SIGN

Any material or any structure, or part thereof, or device attached, erected or maintained by any person on which is included a letter, work or figure which attracts or intends to attract attention to itself.

SITE PLAN

A development plan of one or more lots on which is shown: 1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; 2) 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 3) 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 Planning Board.

SITE PLAN, MAJOR

Any site plan not classified by the approving authority as a minor site plan.

SITE PLAN, MINOR

A development plan of one or more lots which: 1) proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; 2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to Section 30 of P.L. 1985, c. 291 (N.J.S.A. 40:55D-42); and 3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.

SPECIAL DISTRICT

An area that, by its intrinsic function, disposition, or configuration, cannot or should not conform to one or more of the normative community unit types or transect zones specified by the SmartCode. Special districts may be mapped and regulated at the regional scale or the community scale. In the City of Burlington, the HC-Highway Corridor (HC-1 and HC-2) and the ID-Industrial Districts (IP-Industrial Park and I-1-Industrial) Zones are special districts.

STORAGE

To place, park, stand or permit to remain unattended.

STORY

That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above. A basement shall be considered as a story when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than 50% of the total perimeter or more than 12 feet at any point.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way: 1) which is an existing state, county or municipal roadway; or 2) which is shown upon a plat heretofore approved pursuant to law; or 3) which is approved by official action; or 4) 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, improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET LINE

The dividing line between a lot and a street.

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

(1) 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 subdivision within the meanings of this chapter, if no new streets are created:

(a) Divisions of land found by the Land Use Board, or subdivision committee thereof appointed by the Chairman, to be for agricultural purposes where all resulting parcels are five acres or larger in size;

(b) Divisions of property by testamentary or intestate provisions;

(c) Divisions of property upon court order, including but not limited to judgments of foreclosure;

(d) Consolidation of existing lots by deed or other recorded instrument;

(e) The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons, and all of which are found and certified by the administrative officer to conform to the requirements of the Article VII of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map.

(2) The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION, MAJOR

All subdivisions not classified as minor subdivisions.

SUBDIVISION, MINOR

A subdivision creating not more than two lots fronting on an existing street, not involving a planned development, any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining properties, and not in conflict with any provisions or portion of the Master Plan, Official Map or the zoning provisions of this chapter.

TRANSECT

A cross-section of the environment showing a range of different habitats. The Rural-Urban Transect of the human environment used in the SmartCode template is divided into six transect zones. These zones describe the physical form and character of a place, according to the density and intensity of its land use and urbanism.

TRANSECT ZONE

One of several areas on a Zoning Map that divides the built environment into character zones based on the level and intensity of their physical and natural character so planning, zoning and urban design recommendations are calibrated to the natural progression of development from the City's center to its more suburban or naturalized areas. In the City of Burlington, the Zoning Ordinance contains five transect zones modified from SmartCode. The transect zones are OS-Open Space, SRN-Suburban, TRN-Traditional Residential Neighborhood, TC/NC-Town Center/Neighborhood Center and WF-Waterfront.

USE

The purpose for which the building or structure is designed, used or intended to be used.

VARIANCE

Permission to depart from the literal requirements of Article VII of this chapter under the conditions described in § 207-16C and D.

VETERINARY HOSPITAL

Any building or portion thereof designed or used for the medical care, observation or treatment of domestic animals. The boarding of animals is limited to short-term medical care incidental to the hospital use.

WALL

A wall designed to resist the lateral displacement of soil or other material, constructed in accordance with the Uniform Construction Code.

WAIVER

Permission to depart from the literal requirements of the site plan and subdivision standards of this chapter.

YARD

An open space, as may be required by this chapter, of uniform width or depth, on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted. See Figure 1, Required Yards and Building Envelopes.[4]

YARD, FRONT

An open, unoccupied space on the same lot with a main building, situated between any street line of the lot and the parts of the buildings nearest to such street line, and extending to the sidelines of the lot.

YARD, REAR

An open, unoccupied space, on the same lot with a main building, except for permitted accessory buildings, extending the full width of the lot and situated between the rear line of the lot and the nearest part of the building, projected to the sidelines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the nearest projection of the main building.

YARD SETBACK AREA

An area bound by a lot line and a line drawn parallel to the lot line at a distance specified in this chapter for front, side or rear yard setbacks.

YARD, SIDE

An open, unoccupied space on the same lot with a main building, situated between the sideline of the lot and the parts of the building nearest thereto, and extending through from the front yard to the rear yard. Where a side yard adjoins a street, it shall be considered a front yard for the purposes of this chapter.

ZONING PERMIT

A document signed by the zoning officer: 1) 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 2) 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 the MLUL.[5]

Figure 1. Required Yards and Building Envelopes

Source: The Latest Illustrated book of Development Definitions. New Expanded Edition, Harvey S. Moskowwiz & Carl G. Lindbloom, Center for Urban Policy Research, Edward J. Bloustein School of Planning and Public Policy, Rutgers, The State University of New Jersey, 2004, Second Printing 2007.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[2] Editor's Note: Appendix A is on file in the Clerk's office.

[3] Editor's Note: Illustrations of types of residential dwelling units are included as an attachment to this chapter.

[4] Editor's Note: Figure 1 is included at the end of this section.

[5] Editor's Note: See N.J.S.A. 40:55D-1 et seq.