[Amended 11-3-1980; 5-17-1982; 8-16-1982; 2-4-1985]
In the chapter, words used in the present tense include the future. The singular number includes the plural; and the plural, the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "zone" includes the word "designed" and the phrase "intended to be used"; and the word "shall" is always mandatory.
Certain words, phrases and terms in this chapter are defined for the purpose herein as follows:
ACCESSORY USE OR BUILDING
A building or use that is incidental to the principal building or use on the same lot.
ADMINISTRATIVE OFFICER
The Zoning Officer of the Township of North Brunswick.
[Amended 2-18-2020 by Ord. No. 20-02]
ADULT DAY CARE
A facility or a distinct part of a facility where community-based group programs designed to meet the needs of adults with functional impairments is provided, and includes a variety of health, social, and related support services in a protective setting during any part of a day, but less than twenty-four-hour care.
[Added 11-16-2020 by Ord. No. 20-23]
AFFORDABLE HOUSING AGENCY
The Affordable Housing Agency of the Township of North Brunswick created pursuant to ordinance.
AFFORDABLE HOUSING ORDINANCE
The ordinance adopted by the North Brunswick Council to regulate the sale, resale, rental and construction of low- and moderate-income housing.
ALLEY
A public or private way less than 30 feet in width.
ALTERATION
A change or rearrangement in the structural parts or in the existing facilities which alters the use of the building or an enlargement, whether by extension of a side or by increasing in height or by a move from one location or position to another.
APARTMENT
Same as "dwelling unit."
APARTMENT HOUSE
Same as "dwelling, multiple."
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 of the Municipal Land Use Law.
APPROVING AUTHORITY
The Planning Board or the Board of Adjustment of the Township of North Brunswick unless a different agency is designated by this chapter when acting pursuant to the authority of the Municipal Land Use Law.
AUCTION MARKET
Premises on which auction sales of merchandise or any other personal property are held at periodic times.
AUTOMOBILE OR TRAILER SALES AREA
An open area, other than a street, 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.
AUTOMOBILE WRECKING
See "junkyard."
BASEMENT
See "cellar."
BILLBOARD
An off-site sign used to identify the product made or the activity being pursued by any individual, business, service, commercial or industrial enterprise for the purpose of apprising the public of the location of such enterprise and/or the type of activity in which it is engaged.
BOARDINGHOUSE or ROOMING HOUSE
Any dwelling wherein furnished rooms for rent are provided in which more than two persons are housed or lodged, with or without meals.
BOARD OF ADJUSTMENT
The Board established pursuant to N.J.S.A. 40:55D-69 of the Municipal Land Use Law.
BUFFER
An area consisting of trees, shrubs or solid fencing, or a combination of all of these, so installed as to provide both a visual and an acoustical barrier between properties. No building, parking area, street, sign (except traffic directional sign) and storage of materials shall be permitted.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA
The total area measured on a horizontal plane at the grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
BUILDING COVERAGE
The proportion of the total lot area expressed as a percent that is covered by the horizontal area measured within the outside of the exterior walls of the ground floor of all buildings on a lot, including the area under the roof of any structure supported by columns but not having walls. In the event that any other floor of a building extends beyond the footprint of the ground floor, the floor overhang area shall be added to the square footage of the ground floor in order to compute building coverage.
[Amended 5-17-2021 by Ord. No. 21-09]
BUILDING HEIGHT
The vertical distance measured from the mean elevation of the finished grade at the front of the building to the mean height of the roof. Chimneys, spires, water towers, elevator penthouses, tanks and similar projections, other than signs, shall not be included in calculating "building height." The building height of an accessory building other than a detached garage shall be measured from the mean ground level at the foundation to the top of the roof.
[Amended 5-17-2021 by Ord. No. 21-09]
BUILDING LINE
A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface.
BUILDING PERMIT
See "construction permit."
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which the building is situated.
BUSINESS OFFICE
A business establishment which does not offer a product or merchandise for sale to the public but offers a service to the public. However, personal services, such as barber- and beauty shops, and repair services, such as radio and television repair shops, are not to be included within the definition of "business office."
CANNABIS CONSUMPTION AREA
A designated location either operated by a licensed retailer for adult use or a permit holder for dispensing medical cannabis for which both a state and local endorsement has been obtained, that is either:
[Added 8-5-2021 by Ord. No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
A. 
An indoor, structurally enclosed area of the cannabis retailer for adult use or permit holder that is separate from the area in which retail sales of cannabis items for adult use or the dispensing of medical cannabis occurs; or
B. 
An exterior structure on the same premises as the cannabis retailer or permit holder, either separate from or connected to the cannabis retailer or permit holder, at which cannabis items or medical either obtained from the retailer or permit holder, or brought by a person to the consumption area may be consumed.
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates or produces cannabis in this state, and sells and may transport this cannabis to other cannabis cultivators or 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's license.
[Added 8-5-2021 by Ord. No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
CANNABIS DELIVERY SERVICE
Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 cannabis delivery license.
[Added 8-5-2021 by Ord. No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishments to another class of licensed cannabis establishment and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 cannabis distributor's license.
[Added 8-5-2021 by Ord. No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to the other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer's license.
[Added 8-5-2021 by Ord. No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
CANNABIS RETAILER
Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to the consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 cannabis retail license.
[Added 8-5-2021 by Ord. No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 cannabis wholesaler license.
[Added 8-5-2021 by Ord. No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
CAPITAL IMPROVEMENT
A governmental acquisition of real property or a major construction project.
CELLAR OR BASEMENT
A story wholly or partly underground, not designed for living quarters or habitable use and having more than 1/2 of its clear height below the average level of the adjoining ground.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Construction Official upon completion of the construction of a new building in accordance with the construction permit or upon a change in the occupancy or use of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted by the Board of Adjustment, and all other applicable requirements have been complied with.
CHURCH
A building or group of buildings, including customary accessory buildings, such as auditoriums, designed or intended for public worship. The word "church" shall include chapels, congregations, cathedrals, temples and other similar designations, as well as parish houses, convents and such accessory uses.
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
CLINIC
A building or portion of a building containing offices or facilities organized and operated for the primary purpose of providing health services for out-patient medical or dental care of the sick or injured, and including related facilities such as laboratories and other service facilities operated in connection with the clinics.
[Added 11-16-2020 by Ord. No. 20-23]
COMMERCIAL RECREATIONAL ACTIVITY
Any use of a building or part of a building or premises wherein recreational activities are operated by a private utility for profit. For purposes of this definition, "commercial recreational activities" shall include, but not be limited to, theaters, bowling alleys, roller-skating and ice-skating rinks and mechanical amusement game rooms.
COMMERCIAL SHOPPING CENTER
A building or group of buildings with total gross floor area in excess of 25,000 square feet, that is designed to accommodate multiple retail, personal service, restaurant, office and other commercial uses, and developed as an integrated development with common areas such as customer parking, pedestrian walkways, and truck loading and unloading spaces. A commercial shopping center development shall be approved by the appropriate Board. Conversion of tenant space from a single-tenant occupancy to multitenant occupancy shall not constitute a shopping center for the purposes of this chapter.
[Amended 11-16-2020 by Ord. No. 20-23]
COMMON OPEN SPACE
An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 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, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health-care facility within the meaning of the Health Care Facilities Planning Act [P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.)]. In the case of such a 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.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONSTRUCTION PERMIT
An authorization to begin construction work in compliance with the State Uniform Construction Code and the rules and regulations of the New Jersey Department of Community Affairs, which may be amended from time to time.
CONVENTIONAL
Development other than planned development.
CORNER LOT
A parcel of land fronting on two or more intersecting streets.
COURT
An open unoccupied space bounded on at least two opposing sides by a building wall, but not a front, side or rear yard.
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the front lot line.
DAYS
Calendar days.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to this chapter.
DEVELOPMENTALLY DISABLED
Experiencing a disability which originates before 18 years of age which has continued or is expected to continue indefinitely, which constitutes a substantial handicap and which is attributable to mental retardation, cerebral palsy, epilepsy, autism or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services.
DEVELOPMENT REGULATION
The Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other Township regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to the Municipal Land Use Law.
DISTRICT
Any part of the territory of North Brunswick Township which is designated on the Zoning Map to which certain uniform regulations and requirements of this chapter apply.
DIVISION
The Division of State and Regional Planning in the Department of Community Affairs.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or alleviation of flooding.
DRIVE-IN RESTAURANT
An establishment which is designed to provide, either wholly or in part, service to customers outside the confines of the principal building while in their automobiles parked or standing upon the premises, regardless of whether or not seats or other accommodations are provided for the customers.
DRIVE-THROUGH
An accessory use to the principal use of the building which allows customers to purchase products or receive take-out services provided by the business without parking and/or leaving their cars.
[Added 11-16-2020 by Ord. No. 20-23]
DWELLING, DUPLEX (SEMIATTACHED)
A semiattached dwelling on an independent lot that is attached on one side along a common or party wall, which is jointly owned, to a similar dwelling on an adjacent lot designed for occupancy by one family.
DWELLING, GARDEN APARTMENT
One of several individual dwelling units designed and erected as an integral development with singleness of use and operation and which utilizes such common facilities as pedestrian walkways, parking and garage areas, open space or recreation areas and utility and sanitary systems.
DWELLING, GARDEN STYLE
A multiple dwelling with a common exterior ingress and egress in which individual units share at least one common wall and/or are located one above the other.
DWELLING, LOW-RISE
A multiple dwelling with up to three residential stories, a common lobby and common access corridors. Parking may be incorporated in the structure.
DWELLING, MAISONETTE
A multiple dwelling characterized by a back-to-back townhouse configuration with no more than three common party walls.
DWELLING, MID-RISE
A multiple dwelling with up to six residential stories, a common lobby and common access corridors. Parking may be incorporated in the structure.
DWELLING, MULTIPLE (MULTIPLEX)
A building designed for or occupied by three or more families living independently of each other and doing their own cooking therein, including apartment houses, garden apartments, townhouses, etc., but not including motels.
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied exclusively by one family.
DWELLING, TOWNHOUSE
An independent dwelling with cooking, sleeping and sanitary facilities, designed for occupancy by one family, which is attached to similar dwelling types by not more than two party walls extending from the foundation to the roof. There shall be two means of access directly from the outside for each unit, which shall not provide access in common with any other unit. In no case shall a townhouse contain more than one dwelling unit.
DWELLING, TWO-FAMILY
A building designed for or occupied by two families living independently of each other.
DWELLING UNIT
A building or portion thereof that contains private means of ingress and egress, sanitary facility, sleeping area, and no more than two kitchens or cooking facilities which are designed, arranged, or used for living quarters for one or more persons living as a single housekeeping unit.
[Amended 5-15-2023 by Ord. No. 23-10]
DWELLING UNIT, ACCESSORY
A room or suite of rooms within a residential building that are connected to the remainder of a residence by a door or similar means of access that comprises an independent and self-contained unit occupied, or suitable for occupation, as a residence for eating, living, and sleeping purposes entirely separated from the remainder of the residence.
[Added 5-15-2023 by Ord. No. 23-10[1]]
EDUCATIONAL USE
Public, parochial and private elementary and secondary schools duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state. Summer day camps shall not be considered as "educational uses" or accessories to such uses.
ELECTRIC VEHICLE CHARGING EQUIPMENT
The physical device that provides a connection from a power source to an electric vehicle.
[Added 9-4-2018 by Ord. No. 18-10]
ELECTRIC VEHICLE CHARGING STATION
A public or private space that is served by electric vehicle charging equipment that has as its primary purpose the transfer of electricity to a battery or other energy storage device in an electric vehicle.
[Added 9-4-2018 by Ord. No. 18-10]
ELEEMOSYNARY USE
Any nonprofit organization which is primarily supported by charitable contributions.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies or for the public health or safety or general welfare. "Essential services" shall include firehouses and first-aid and emergency-aid squads.
FAMILY
One or more persons living as a single nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club or fraternity or sorority house. The "family" shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.
FARM
Any parcel of land five acres or larger in size which is used primarily for gain in the raising of crops, hay, sod, trees, fruit, livestock and poultry, but which does not include any sale of produce not actually grown on the premises.
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and necessary to the operation of a farm.
FENCE
An artificially constructed barrier of wood, masonry, stone, wire, metal or any manufactured material or combination of materials used as a boundary or means of protection or confinement.
FENCE, OPEN
A fence constructed in such a way that no more than 50% of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.
[Amended 11-16-2020 by Ord. No. 20-23]
FINAL APPROVAL
The official action of the Planning Board or Board of Adjustment 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 guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FLOOR AREA RATIO (F.A.R.)
A control on the intensity of land use which is calculated as the ratio of the gross floor area under the roof of the main building, including basement, to the total area of the lot on which the building is located. Off-street parking space within the building is specifically excluded from this calculation.
GARAGE
A building or structure in which motor-driven vehicles are stored.
GARAGE, PRIVATE
An accessory building or part of a principal building used only for the storage of motor vehicles and in which no occupation, business or services for profit are carried on.
GARAGE, PUBLIC
A building or part of a building or premises used or designed to be used for storing, repairing, servicing, selling, renting, adjusting or equipping of automobiles and other motor vehicles, but not used for the storage of trailers, dismantled, wrecked or inoperable motor vehicles, parts thereof or junk.
GARAGE SALES
All sales known as "garage sales," "lawn sales," "attic sales," "rummage sales," "porch sales" or "flea markets" or any similar casual sales of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of said sale.
GARDEN APARTMENT
A building of not more than 2 1/2 stories and 30 feet in height as measured from the average level of the ground immediately adjacent to the base of the structure to its highest point, exclusive of chimneys or towers, on one lot containing multiple-dwelling units and sharing joint utility services or facilities, or both.
GARDEN APARTMENT DEVELOPMENT
Two or more garden apartments on a single lot.
GENERAL OFFICE USE
A more general use of office space than that limited by the definition herein of "professional office," which "general office use" shall include general business, executive or administrative use.
GOVERNING BODY
The Mayor and Township Council of the Township of North Brunswick.
GRADING PERMIT
A permit which must be obtained from the Zoning Officer prior to the alteration of the existing grade on a lot. The alteration of the existing grade on a lot shall be in accordance with the grading plan approved by the Township Engineer.
GROSS FLOOR AREA
The area of all floors of a building, including interior balconies and mezzanines, measured from the interior walls of each story of a building. The "gross floor area" of all buildings on a lot shall include the floor area of accessory buildings on the same lot, measured the same way.
GROSS HABITABLE FLOOR AREA
The sum of the gross horizontal areas of the floor or several floors of a dwelling designed for habitable use measured from the interior walls of each floor, but not including any cellar or basement, garage space, breezeway, interior patios, enclosed porches or accessory building space. A basement or cellar or portion thereof may qualify for inclusion if its area is designed for habitable use.
HIGHLY FLAMMABLE LIQUIDS OR GASES
Liquids or gases having a flash point of 100° F. (37.7° C.) or less or autoignition temperatures of 140° F. (560° C.) or less.
HISTORIC SITE
Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of the State of New Jersey, its communities or the nation and has been so designated pursuant to the Municipal Land Use Law.
HOSPITAL
A building or group of buildings providing health services under the supervision of licensed physicians, primarily for human inpatients, medical and surgical care for the sick or injured and including related facilities, central service facilities and staff offices which are an integral part of the facilities.
HOTEL/MOTEL
A building containing furnished rooms to be occupied for sleeping purposes by guests, without kitchen facilities being used, rented or hired out.
IMPROVED STREET
A street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been accepted and maintained by the Township of North Brunswick.
INDOOR RECREATION FACILITIES
Roofed and enclosed buildings or structures designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities, such as, but not limited to, tennis courts, handball and racquetball courts, soccer fields, batting cages, skating and roller rinks, platform games, pools and gymnasiums, gyms, and similar recreation activities.
[Added 11-16-2020 by Ord. No. 20-23]
INTERESTED PARTY
A. 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
B. 
In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the Township, whose right to use, acquire or enjoy property is or may be affected by any action taken under the Municipal Land Use Law or whose right to use, acquire or enjoy property under the Municipal Land Use Law or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter.
INTERIOR OR INSIDE LOT
A lot bounded by a street on one side only.
INTERIOR STREET OR ROAD
A street or road that is developed wholly within a parcel under one ownership and that meets all Township standards.
JUNK- OR SALVAGE YARD
Any lot and/or structures used for the collection, storage or abandonment of any waste, discarded or used material or the dismantling, demolition, salvaging or abandonment of structures, automobiles or other vehicles, equipment and machinery or parts thereof.
KITCHEN/COOKING FACILITY
A room, all or any part of which is designed, built, equipped, used or intended to be used for the preparation and cooking of foods, and includes a permanently installed sink with a kitchen range, stove, oven and/or cooktop, optional refrigerator and/or freezer, and/or any other customarily used appliance or fixture for the preparation of food.
[Added 5-15-2023 by Ord. No. 23-10]
LAND
Includes improvements and fixtures on, above or below the surface.
LANDOWNER
The legal or beneficial owner or owners of all the land proposed to be included in a planned unit development. The holder of an option or contract to purchase, or other person having an enforceable proprietary interest in, such land shall be deemed to be a "landowner" for the purpose of this chapter.
LOADING SPACE
An off-street space or space at the rear of the building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading. Such space must have clear means of ingress and egress to a public street at all times.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
An area of land which is determined by the limits of the lot line bounding the area and shall be expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating "lot area." Portions of lots encumbered by easements shall be included in the calculation of "lot area."
LOT COVERAGE
The area of a lot covered by buildings and structures expressed as a percentage of the total lot area.
LOT DEPTH
The average distance of a line drawn from the street line to the rear lot line at right angles to the front property line. When the front property line is an arc of a circle or irregular in shape, the depth shall be the average distance between the front and rear lines. The greater frontage of a corner lot is its width, and its lesser frontage is its depth.
LOT LINE
Any line designating the extent or boundary of a lot, which shall further be defined as follows:
A. 
FRONT LOT LINEA lot line or portion thereof which is coexistent with a street line.
B. 
REAR LOT LINEThe lot line most distant and generally opposite from and parallel to the front lot line.
C. 
SIDE LOT LINEAny lot line other than a front or rear lot line.
LOT, THROUGH
A lot running through from one street to another.
LOT WIDTH
The distance between the side lot lines measured at right angles to the lot's depth. Required "lot width" shall be measured at the permitted building front setback line.
LOW- AND MODERATE-INCOME UNITS
Dwelling units which are subject to the price and occupancy requirements of the Affordable Housing Ordinance, and whose sales prices and rental charges do not exceed the maximum amounts determined to be affordable by low- and moderate-income households.
LOW-INCOME FAMILY
A household with a gross aggregate family income which does not exceed 50% of the regional median income, with adjustments for household size.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the Township as set forth and adopted pursuant to the Municipal Land Use Law.
MAYOR
The chief executive of the Township of North Brunswick.
MECHANICAL AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skill ball, mechanical grab machines, electronic video games and all games and operations similar thereto under whatever name they may be indicated.
MECHANICAL AMUSEMENT GAME ROOM
Any use of a building or part of a building or premises wherein there are located more than four mechanical amusement devices.
MINOR SUBDIVISION
A subdivision of land that does not involve:
A. 
The creation of more than four lots fronting on an existing street.
B. 
A lot or lots having been previously subdivided within the past 12 months.
C. 
A planned development.
D. 
Any new streets.
E. 
Extension of any off-tract improvements.
MOBILE HOME
Same as "trailer" and as defined in § 205-92.5.
MODERATE-INCOME FAMILY
A household with a gross aggregate family income which is greater than 50% of the regional median income, but which does not exceed 80% of said regional median income, with adjustments for household size.
MOTOR VEHICLE REPAIR GARAGE
A building or portion of a building in which autobody work or the overhauling or replacement of engines is conducted.
MOTOR VEHICLE SERVICE STATION
An area of land, including structures thereon, used for the servicing of motor vehicles, whose primary service is the retail sale of gasoline. This use may also include minor repairs such as replacing of mufflers and tail pipes, motor tuneups, changing of tires, polishing, washing and lubrication, all of which are incidental to the primary service rendered. Autobody work of any nature shall be excluded.
MUNICIPAL AGENCY
The Planning Board, Board of Adjustment or Township Council or any agency created by or responsible to the Township when acting pursuant to this chapter.
MUNICIPALITY
The Township of North Brunswick.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
[Amended 5-17-2021 by Ord. No. 21-09]
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
[Amended 5-17-2021 by Ord. No. 21-09]
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
[Amended 5-17-2021 by Ord. No. 21-09]
NURSERY
A place where trees, shrubs, vines and ornamental plants are propagated and grown for gain.
NURSERY SCHOOL
A school designed to provide daytime care or instruction for two or more children from two to six years of age, inclusive, and operated on a regular basis.
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
OFFICIAL COUNTY MAP
The map with changes and additions therein, adopted and established from time to time by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of the Municipal Land Use Law.
OFF-SITE
The area located outside of the lot lines of the lot in question, but within the property (of which the lot is a part) which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OFF-TRACT
The area not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE
The area located on the lot in question.
ON-TRACT
The area located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
PARKING AREA, PRIVATE
An open area, other than streets, for the same use as a private garage.
PARKING AREA, PUBLIC
A paved open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation for clients or customers.
PARKING SPACE
An off-street space provided for the parking of a motor vehicle designed in accordance with the requirements of this chapter, exclusive of driveways or access drives.
PARTY IMMEDIATELY CONCERNED
For the purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under the Municipal Land Use Law.
PATIO
An area of land, not used for receiving and storing material, where the ground has been surfaced with a construction material, such as brick, stone, cement or lumber, which does not project above the official grade ground level and which is entirely uncovered by a roof or any superstructure.
PERFORMANCE GUARANTY
Any security which may be accepted by the Township in the form of cash, certified check, performance bond or surety bond, as may be required by the approving authority, provided that the cash amount, if any, shall not exceed 10% of the total performance guaranty.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses incidental to the predominant use as may be permitted by ordinance.
PLANNED DEVELOPMENT
A planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED RESIDENTIAL DEVELOPMENT
An area with a minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan containing one or more residential clusters.
PLANNED UNIT DEVELOPMENT
An area with a minimum of 50 acres of one or more parcels to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses as specified hereinafter.
PLANNING BOARD
The Township Planning Board established pursuant to the Municipal Land Use Law.
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49 of the Municipal Land Use Law prior to final approval after specific elements of a development plan have been agreed upon by the approving authority and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PRIMARY OR PRINCIPAL USE
The primary or principal purpose for which a building, structure or lot is used.
PROFESSIONAL OFFICE
The office of a member of a recognized profession maintained for the conduct of his profession. Such professions shall be limited to those of medicine, law, architecture, engineering, art, religion, music and other professions which require similar degrees of training and experience.
PUBLIC AREAS
A. 
Public parks, playgrounds, trails, paths and other recreational areas.
B. 
Other public open spaces.
C. 
Scenic and historic sites.
D. 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body or any amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical and to lessen nonpoint pollution.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the Township, a Township agency, Board of Education, state or county agency or other public body for recreational or conservational uses.
QUORUM
The majority of the full authorized membership of a Township agency.
RAISED DECK
A deck for which a guardrail is required by the Uniform Construction Code.[2]
[Added 5-17-2021 by Ord. No. 21-09]
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a plan, containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESTAURANT
Any establishment which prepares and sells food for consumption on the premises to patrons seated within an enclosed building. A drive-through window shall be permitted as an accessory use to the principal restaurant use. However, a snack bar at a public or a community playground, playfield, park or swimming pool operated solely by the agency or group operating the recreational facility, for the convenience of patrons of the facility, shall not be deemed to be a "restaurant."
[Amended 11-16-2020 by Ord. No. 20-23]
RESUBDIVISION
A. 
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law.
B. 
The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RETAINING WALL
A structure more than 18 inches high erected between lands of different elevations to prevent the washing down or erosion of earth from the upper slope level.
ROOF
A structure forming the outside top covering of a building which provides protection from animals and weather, such as rain, snow, heat, wind or sunlight, and supported by structural supports at grade, such as walls, columns, pillars or similar compression members. An elevated open deck or landing shall not be considered a roof for the purpose of this chapter.
[Added 5-17-2021 by Ord. No. 21-09]
SEDIMENTATION
The deposition of soil that has been transported from its site or origin by water, ice, wind, gravity or other natural means as a product of erosion.
SETBACK
The horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines.
SETBACK LINE
A line within any lot parallel to any street or property line beyond which a building shall not extend, except as otherwise provided for in this chapter.
SIGN
Any device, structure or object, including painted wall signs, for visual communication that is used for the purpose of advertising the property or establishment upon which the display is exhibited, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious group.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises.
SIGN AREA
The area enclosed by the outermost frame or edge of a sign. In case of lettering attached to building facades, the "sign area" shall be the product of the maximum vertical dimension multiplied by the maximum horizontal dimension of all lettering and symbols which form the sign, including the empty space between.
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted on the premises. A "for sale" or "for rent" sign relating to the property on which it is displayed shall be deemed a "business sign."
SIGN, IDENTIFICATION
Any sign which shall be used to advertise and identify the business conducted on the premises where the sign is located.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
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 and screening devices.
C. 
Any other information that may be reasonably required in order to make an informed determination as to approval of the plan by the Planning Board or Board of Adjustment and as may be hereinafter required by this chapter.
STANDARDS OF PERFORMANCE
A. 
Standards adopted regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Township.
B. 
Standards required by applicable federal or state laws and Township ordinances.
STORY
That portion of a building between the surface of a floor and the ceiling immediately above.
STORY, HALF
That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such "half-story." A basement shall also be included as a "half-story."
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which:
A. 
Is an existing state, county or Township roadway.
B. 
Is shown upon a plat heretofore approved pursuant to law.
C. 
Is approved by official action as provided by this chapter.
D. 
Is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
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
A. 
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created:
(1) 
Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(2) 
Divisions of property by testamentary or intestate provisions.
(3) 
Divisions of property upon court order.
(4) 
Conveyances so as to combine existing lots by deed or other instrument.
B. 
The term "subdivision" shall also include the term "resubdivision."
SUPERMARKETS
Commercial retail stores which primarily sell foodstuffs as well as other convenience and household goods. This definition shall include large-scale retail stores, sometimes known as “big box” stores, which are generally defined as retail sales establishments in freestanding industrial-style one- or two-story buildings with individual users occupying in excess of 50,000 square feet, of which foodstuffs are a substantial component.
[Added 6-1-2004 by Ord. No. 04-12; amended 10-18-2010 by Ord. No. 10-30]
SWIMMING POOL, COMMERCIAL AND/OR PUBLIC
A swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service rendered by a hotel, motel or apartment development whose units are rented to transient or permanent residents.
SWIMMING POOL, PRIVATE
A swimming pool located on a single-family lot with a residence on it, utilized by the owner or his nonpaying guests, but which is not operated for profit.
TRAILER
Any unit designed for living or sleeping purposes which is equipped with wheels or some device used for the purpose of transporting such unit from place to place, whether by motor vehicles or other means, or any unit used for living or sleeping purposes, whether the same is on blocks, posts or any other type of foundation. This term shall also include automobile trailers, mobile homes, house trailers and trailer coaches used as offices, residences or accessory structures for storage purposes for both residential and nonresidential uses, except travel trailers which are under eight feet in width and under 25 feet in length and which are not used for purposes of day-to-day habitation.
TRAILER COURT OR PARK
Land and premises upon which two or more trailer coaches occupied for living or sleeping purposes are located.
TREE HOUSE
An accessory structure which is customarily incidental and subordinate to the principal residential use of the lot, and is built around a tree or placed up in the branches of the tree, and utilized mainly for children to play in and not for residential purposes.
[Added 5-17-2021 by Ord. No. 21-09]
TRUCK TERMINAL
A location at which trucks are parked or privately serviced that transport goods and materials not produced, received for sale, warehoused or used in manufacturing at that location.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
USE, PERMITTED
A use of a building or land that conforms to the provisions of this chapter.
VARIANCE
Permission to depart from the literal requirements of this chapter pursuant to N.J.S.A. 40:55D-40b, 40:55D-70c and 40:55D-70d of the Municipal Land Use Law.
WAREHOUSE
A structure or building, the principal use of which is for the storage of merchandise or commodities on a short- or long-term basis, having shipping and receiving facilities as a secondary use. Trucking terminals having facilities designed to store, deposit or hold merchandise on a temporary basis for further shipment or distribution shall not be considered "warehouses" under this definition.
YARD
An open unoccupied space on the same lot with a building, which space is unobstructed from the ground to the sky.
YARD, FRONT
A yard extending the full width of the lot and not less in depth than the minimum distance required between the street line and the front setback line.
YARD, REAR
A yard extending across the entire width of the lot between the rear line of the principal building and the rear lot line.
YARD, SIDE
A yard extending along the side lot line from the front yard to the rear yard and the nearest part of the principal building.
ZONING PERMIT
A document signed by the administrative officer which:
A. 
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.
B. 
Acknowledges that such use, structure or building complies with the provisions of the Township Zoning Ordinance or variance therefrom duly authorized by a Township agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70 of the Municipal Land Use Law.
[1]
Editor's Note: This ordinance also repealed the former definition of "dwelling unit, efficiency," which immediately followed.
[2]
Editor's Note: See Ch. 147, Construction Codes, Uniform.