Township of Mount Laurel, NJ Article I General Provisions

§ 154-1 Purposes.

This chapter is enacted for the following purposes:

A. To promote the health, morals and general welfare of the inhabitants of Mount Laurel Township.

B. To improve the flow of traffic in Mount Laurel Township by reducing traffic and thus reducing traffic congestion. This will improve traffic safety, improve air quality by reducing motor vehicle emissions, reduce the consumption of gasoline and improve traffic flow. The result will be an improvement to public health and safety.

[Amended 11-21-2005 by Ord. No. 2005-28]

C. To secure safety from fire, panic and other dangers.

D. To provide adequate light and air.

E. To prevent the overcrowding of land or buildings.

F. To avoid undue concentration of population.

G. To conserve the value and desirability of property and encourage the most appropriate use of land.

H. To acquire open space land for passive and active uses so as to implement the objectives of the Recreation and Open Space Plan set forth in the Master Plan.

[Added 2-1-2003 by Ord. No. 2003-30]

§ 154-2 Scope.

From and after the effective date of this chapter, the use of all land and every building or portion of a building erected, altered with respect to height and area, added to or relocated and every use within a building or use accessory thereto, in Mount Laurel Township, shall be in conformity with the provisions of this chapter. Any existing building or structure and any existing use of a building or land not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended or changed subject to the special regulations herein provided with respect to nonconforming buildings or uses.

§ 154-3 Interpretation.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulations shall be controlling.

§ 154-4 Title.

This chapter shall be known and may be cited as the "Mount Laurel Township Zoning Ordinance of 1964."

§ 154-5 Definitions and word usage.

A. Word usage. The singular shall include the plural, and the plural shall include the singular. The word "used" shall include the words "arranged," "designed" or "intended to be used." The word "building" shall include the word "structure." The present tense shall include the future tense.

B. Definitions. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated:

ACCESSORY BUILDING

A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.

ACCESSORY RESIDENTIAL USE

[Amended 8-16-1976 by Ord. No. 1976-9; 12-20-1982 by Ord. No. 1982-40]:

(1) A use customarily carried on within a dwelling by the residents thereof, which use is incidental and subordinate to the residential use and for which there is no contact whatsoever with the public for any purpose.

(2) Accessory residential uses shall be subject to the following standards:

(a) There shall be no more than one employee.

(b) There shall be one off-street parking space in addition to those otherwise required by this chapter if deemed necessary for the operation as determined by the reviewing agency. If the additional parking changes the appearance of the site, then site plan approval from the Planning Board is required.

(c) The area used for the above uses shall occupy no more than 15% of the total floor area, including basements if so used.

(d) No storage of materials or products outside of the dwelling unit shall be permitted, including the use of vans, trucks and other vehicles to store materials and equipment.

(e) The use shall be clearly incidental to the residential use of the dwelling unit and shall not change the essential residential character of the dwelling.

(f) No external alterations inconsistent with the residential use of the dwelling unit shall be permitted.

(g) No display of products shall be visible from outside the building.

(h) Such accessory uses shall be conducted by the residential occupants, who must be continuous occupants of the dwelling while the use is in operation.

(i) No advertising display shall be visible from the street or elsewhere other than a small professional nameplate, which shall not exceed two square feet in area.

ACCESSORY USE or ACCESSORY

A use conducted on the same lot as a principal use to which it is related and located either within the same structure or in an accessory building or as an accessory use of land, except that off-street parking need not be located on the same lot. It is a use which is clearly incidental to and customarily found in connection with a principal use.

[Amended 8-16-1976 by Ord. No. 1976-9; 12-20-1982 by Ord. No. 1982-40]

ALTERATION OF BUILDING

Any change in supporting members of a building, except such change as may be required for its safety, any addition to a building, any change in use from one district classification to another or removal of a building from one location to another.

AMUSEMENT FACILITIES

Any outdoor commercial facility or business open to the public which provides for and offers entertainment activities, such as arcade games and child or adult amusement rides, including, but not limited to balloon rides; tilt-a-whirl; dart games; roulette wheel; roller coasters; booths for games of skill and chance; pony rides; rodeos; moving rides in a horizontal or vertical fashion such as ferris wheels, carousels, rotating swings and cabs; kiddie rides; bungee jumping; freefall; balloon games; moon bounce; whip rides; shooting galleries; and fast-food service establishments and booths that are ancillary to the amusement facility.

[Added 15-15-2003 by Ord. No. 2003-20]

ANIMAL HUSBANDRY

The domestication of, care for or breeding of animals such as dogs, cattle, horses, fowl, sheep, goats, pigs and other like creatures.

[Added 4-22-2019 by Ord. No. 2019-13]

APARTMENT

A portion of a building consisting of a room or group of rooms used as a dwelling for a family and set apart as a separate unit from other units or portions of a building.

ASSISTED LIVING FACILITY

Residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation.

[Added 12-1-2003 by Ord. No. 2003-30]

BOARDING- AND ROOMINGHOUSE

A dwelling, other than a hotel, wherein people are sheltered or fed for profit.

BOARDWALK

A level, landscaped and/or surfaced area directly adjacent to a principal building or within three feet of finished grade, not covered by a permanent roof and without footings.

[Added 7-6-1998 by Ord. No. 1998-5]

BREWERY, MICRO

Any establishment engaged in the act of brewing any malt alcoholic beverage, including but not limited to beer, cider, or alcoholic seltzer beverages, for sale and/or distribution to wholesalers, retailers, or consumption on the premises, licensed in accordance with the State Alcoholic Beverage Law that produces less than 300,000 barrels of alcoholic beverages annually.

[Added 6-14-2021 by Ord. No. 2021-15]

BREWPUB

A restaurant that includes a micro brewery, and the alcoholic beverages produced are intended to be consumed on the premises as an accessory use to the restaurant.

[Added 6-14-2021 by Ord. No. 2021-15]

BUILDING

(1) DETACHED A building which has no party wall.

(2) SEMIDETACHED A building which has one party wall in common with an adjacent building.

BUILDING AREA

The aggregate of the maximum horizontal cross-section areas, excluding cornices, eaves and gutters, of all buildings on a lot.

BUILDING LINE

The line parallel to the street line at a distance therefrom equal to the depth of the required front yard.

CANNABIS

All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P1.2021, c. 16 (N.J.S.A. 24: 6I-31 et seq.) for use in cannabis products, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.

[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

CANNABIS, ALTERNATIVE TREATMENT CENTER

An organization approved and licensed by the State of New Jersey to perform activities necessary to provide registered qualifying patients with usable marijuana or cannabis and related paraphernalia in accordance with the provisions of the Compassionate Use Medical Marijuana Act.

[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

CANNABIS BUSINESS

Any person or entity that holds any of the six classes of licenses established under P. L. 2021, c. 16, the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."

[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

CANNABIS CULTIVATOR

Any licensed person or entity that grows, cultivates, or produces cannabis, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 cannabis cultivator license.

[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

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 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

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 establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 cannabis distributor license.

[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

CANNABIS ESTABLISHMENT

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

[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

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 other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer license.

[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

CANNABIS PRODUCT

A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include: (1) usable cannabis by itself; or (2) cannabis extract by itself; or (3) any other cannabis resin by itself.

[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

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 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 retailer license.

[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

CANNABIS TESTING FACILITY

An independent, third-party entity meeting accreditation requirements established by the Cannabis Regulatory Commission that is licensed to analyze and certify cannabis items and medical cannabis for compliance with applicable health, safety, and potency standards.

[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

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 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

CENTER LINE OF STREET OR ROAD

A line midway between and parallel to the two street or road property lines, or as otherwise defined by the Township Council.

CHILD-CARE CENTER

[Added 2-7-1983 by Ord. No. 1983-2]:

(1) An entity, organization or individual licensed by the New Jersey Department of Human Services which operates a program for the care, maintenance and supervision of children who are not attended by their parents or guardians. Included in this definition are centers which are not licensed by the State of New Jersey and centers which offer educational, social, health and nutritional services and programs.

[Amended 12-1-2003 by Ord. No. 2003-30]

(2) This definition shall include but not be limited to day-care centers, infant-care centers, drop-in centers, night-care centers, preschools, nurseries, child cooperatives, kindergartens, nursery schools, play schools, day camps, overnight camps and summer camps. Camps are considered to be programs operated only for a limited time period each year, generally during the nonacademic portion of each year; available to school-age children; and mostly oriented to outside recreation activities.

CLINIC, ANIMAL

An establishment operated by a licensed professional for the primary purpose of providing general out-patient healthcare services for domestic animals or pets.

[Added 2-28-2022 by Ord. No. 2022-7]

COMMERCIAL MIGRANT LABOR CAMP

One or more buildings or structures, together with the tract of land appertaining thereto, used as living quarters by seasonal, temporary or migrant workers, directly or indirectly in connection with any work or place where work is performed, whether or not rent is paid or reserved in connection with the use or occupation of such premises; and which camp is carried on as a commercial enterprise with the intent of gain or profit. The term "seasonal worker" or "temporary worker" or "migrant worker" shall not include any person who is or shall have been a resident of this state and who has had or shall have had his all-year-round dwelling place in this state for one year or longer and who dwells in said all year-round dwelling house while engaging in any seasonal or temporary work.

COMMERCIAL VEHICLE

Any motor vehicle licensed or registered by any state as a commercial vehicle.

[Added 4-22-2019 by Ord. No. 2019-13]

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED; COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE; COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES; AND COMMUNITY RESIDENCE FOR THE TERMINALLY ILL

As defined in the Municipal Land Use Law[1] of New Jersey, Chapter 291, compiled as NJSA.

[Added 12-1-2003 by Ord. No. 2003-30]

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specific location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance, and upon the issuance of an authorization therefor by the Planning/Zoning Board.

[Added 12-1-2003 by Ord. No. 2003-30]

CORNER LOT

A lot fronting on two streets at their intersection. For residential zones only, each corner lot shall meet the yard requirements of front yards with respect to each yard adjacent to a street. The rear yard shall be the yard area behind the structure using the street address and access to define the front of the structure. The remaining yard shall be the side yard. Therefore, all residential corner lots shall have two front yards, one rear yard and one side yard, or two front yards and one side yard, or three front yards and one side yard.

[Amended 12-20-1982 by Ord. No. 1982-40; 11-2-1987 by Ord. No. 1987-32; 12-1-2003 by Ord. No. 2003-30]

CRAFT DISTILLERY

Any establishment engaged in the act of distilling any alcoholic beverage for sale and/or distribution to wholesalers, retailers, or consumption on the premises, licensed in accordance with the State Alcoholic Beverage Law, that produces less than 20,000 gallons of alcoholic beverages annually.

[Added 6-14-2021 by Ord. No. 2021-15]

DECK

A structure with footings, open to the elements and not covered by a roof, usually attached to or part of and with direct access to a principal building.

[Added 7-6-1998 by Ord. No. 1998-5]

DWELLING

(1) SINGLE-FAMILY A building, on a lot, designed and occupied exclusively as a residence for one family.

(2) TWO-FAMILY A building, on a lot, designed and occupied exclusively as a residence for two families.

(3) MULTIPLE-FAMILY DWELLING or APARTMENT BUILDING A building, on a lot, designed and occupied exclusively as a residence for three or more families.

(4) A trailer shall under no circumstances be included within the definition of any kind of "dwelling."

ELECTRIC SUBSTATION

An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the needs of the general public, provided that in residence districts an electric substation shall not include rotating equipment (except as is incidental to the operation of the substation as such), storage of materials, trucks or repair facilities or housing of repair crews.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

[Added 2-28-2022 by Ord. No. 2022-9]

ELECTRIC VEHICLE, CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

[Added 2-28-2022 by Ord. No. 2022-9]

(1) Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.

(2) Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.

(3) Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE)

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

[Added 2-28-2022 by Ord. No. 2022-9]

ELECTRIC VEHICLE, MAKE-READY PARKING SPACE

The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L.2019, c. 362 (N.J.S.A. 48:25-1 et seq.).

[Added 2-28-2022 by Ord. No. 2022-9]

ELECTRIC VEHICLE, PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

[Added 2-28-2022 by Ord. No. 2022-9]

ELECTRIC VEHICLE, PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).

[Added 2-28-2022 by Ord. No. 2022-9]

FAMILY

Any number of persons living and cooking together as a single housekeeping unit.

FAMILY DAY CARE HOME

The 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.).

[Added 12-1-2003 by Ord. No. 2003-30]

FARM BUILDINGS

Barns, stables, silos, vegetable stands, tenant houses and other structures customarily incidental to a farm.

FRESHWATER WETLANDS

As defined in the New Jersey Freshwater Wetlands Protection Act of 1987, including any subsequent amendments.[2] No freshwater wetlands area shall be used in the calculation of residential density.

[Added 4-18-1988 by Ord. No. 1988-8]

GARDEN APARTMENTS

A group of multifamily dwellings, architecturally designed with one unit placed on top of another unit, up to three units in height, designed for rental or sale of the individual units having common open spaces, and designed in accordance with the requirements for such dwellings as set forth in this chapter.

GASOLINE FILLING STATION

Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels, and not used for the servicing or repair of vehicles. Selling of motor vehicles is prohibited. See also "motor vehicle service station."

[Added 2-28-2022 by Ord. No. 2022-2]

GROUND-MOUNTED SOLAR ENERGY SYSTEM

Uses either a standard ground mount, which fixes the panel or plate in one place, or a pole mount, which elevates the panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat-plate, focusing solar collectors, or photovoltaic solar cells, that uses solar energy as its fuel; is ground mounted and designed to be permanently affixed to the ground on either a part of or all of the power beneficiary's premises; is designed and intended primarily to offset part or all of the beneficiary's requirements for energy consumption on site.

[Added 7-22-2013 by Ord. No. 2013-7; amended 2-25-2019 by Ord. No. 2019-6]

GROUP HOME

Any single-family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commissioner of Institutions and Agencies, provided, however, that no group home shall contain more than 12 children. All group home sites shall be subject to site plan review and be in conformance with applicable site plan and zoning standards, such as parking, drainage, lighting, signage, etc.

[Added 12-1-2003 by Ord. No. 2003-30]

HEIGHT OF BUILDING

[Amended 7-19-1993 by Ord. No. 1993-26]

(1) RESIDENTIAL BUILDING The vertical distance measured from the average ground level at the foundation to the extreme high point of the building, exclusive of chimneys, mechanical equipment and similar fixtures.

(2) NONRESIDENTIAL BUILDING The vertical distance measured from the average ground level 20 feet away from the foundation to the extreme high point of the building, exclusive of elevator towers, mechanical equipment and false facade treatment to hide rooftop equipment.

HELISTOP

An area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose.

[Added 5-4-1998 by Ord. No. 1998-1]

HOSPITAL, ANIMAL

An establishment where domestic animals or pets are provided medical or surgical treatments.

[Added 2-28-2022 by Ord. No. 2022-7]

HOTEL

A facility offering transient lodging accommodations to the general public that may provide additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.

[Amended 12-1-2003 by Ord. No. 2003-30]

LOT

A parcel of land on which a main building and any accessory buildings are or may be placed, together with at least the required open spaces. The area of a lot which abuts a street shall be measured to the property line only.

LOT SUITABILITY ENVELOPE

For lots in the R-3 Residence District, that portion of the proposed development lot within which the principal building must be located and consisting of an area exclusive of required front yard setbacks, side yard setbacks and the area located within a fifty-foot setback from any environmental restriction line (wetlands, wetland buffers or floodplains) which may exist in the rear yard area. The lot suitability envelope shall exist only at the time of issuance of the initial building permit and shall not restrict the construction of decks, patios, pools or similar ancillary structures.[3]

[Added 11-17-1997 by Ord. No. 1997-27]

MOBILE FOOD FACILITIES or "FOOD TRUCKS"

A van, truck, towed trailer, or pushcart, from which prepared foods are sold which establishes operation at a location for more than 10 minutes.

[Added 4-22-2019 by Ord. No. 2019-15]

MOTEL

A building or a series of buildings, connected or separated, for the purpose of housing transient guests. This shall include motor cabins, motor courts and tourist cabins.

MOTOR VEHICLE SERVICE STATION

Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of trucks under 10,000 pounds, SUV's and automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories. Public vending machines for food and drink are permitted. Towing shall be limited to towing to the station for repairs, not for storage. Selling of motor vehicles is prohibited. See also "gasoline filling station."

[Amended 2-15-1965 by Ord. No. 1965-1; 3-17-1997 by Ord. No. 1997-4; 12-1-2003 by Ord. No. 2003-30; 2-28-2022 by Ord. No. 2022-2]

NONCONFORMING BUILDING OR USE

A building or use of land or a building existing at the effective date of this chapter which does not conform to the requirements of this chapter.

OFFICE, GENERAL BUSINESS OR PROFESSIONAL

An establishment for conducting general business affairs which does not offer a product or merchandise for sale to the public on the premises, but conducts administrative or professional services, including but not limited to the offices of an attorney, engineer, insurance agent, title service, financial advisors, architect, accountant, real estate sales, architect, marketing, consulting services, or similar occupations.

[Added 2-28-2022 by Ord. No. 2022-7]

OFFICE, MEDICAL

An establishment operated by a licensed medical professional used for the primary purpose of providing general healthcare services to nonresident patients, such as the office of a doctor, psychiatrist, dentist, chiropractor, therapist, mental health counselor, or a similar professional.

[Added 2-28-2022 by Ord. No. 2022-7]

OPEN PORCH

A porch open on two or three sides except for screening. A porch shall not be considered open if enclosed by permanent glass sash.

PARKING SPACE

An open space or a garage, on a lot, used for parking motor vehicles.

PATIO OR TERRACE

A level, landscaped and/or surfaced area directly adjacent to a principal building or within three feet of finished grade, not covered by a permanent roof and without footings.

[Added 7-6-1998 by Ord. No. 1998-5]

PLANNED ADULT RETIREMENT COMMUNITY

[Added 9-18-1972 by Ord. No. 1972-12]:

(1) Land under common ownership, containing residential dwelling units, necessary accessory buildings and required or permitted social, cultural, recreational, retail and commercial facilities, wherein permanent residents must be at least 52 years of age, except that the spouse or an immediate member of the family other than a child of said permanent resident or a live-in domestic, companion or nurse may be a permanent resident regardless of his or her age. A maximum of one child age 18 or older may also reside as a permanent resident with his or her parent or parents. In no event, however, shall there be more than three permanent residents in any one residential dwelling unit. Residential dwelling units in the PARC may be sold either as a fee simple, with a homeowners' association or comparable entity to administer, operate, manage, maintain or otherwise be fully responsible for any common areas or services to be provided in the PARC, or pursuant to the provisions of Chapter 257, Laws of 1969 (State of New Jersey), as amended (the Condominium Act).[4]

(2) A PARC may also contain a comprehensive life-care community, where the land and improvements thereon are under common ownership and residents may contract for lifetime or lesser duration use of the residential dwelling units and, in addition, may receive health care, including both long- and short-term medical and nursing care and other related services, including but not limited to food service, housekeeping service, utility service, maintenance service and the use of recreational, social and cultural facilities. If residential units are not offered for sale to residents, the landowner shall not be required to provide and establish a homeowners' association or comparable entity, and, in that event, all duties, obligations and liabilities imposed herein upon homeowners' associations or comparable entities shall be borne by the landowner.

[Added 1-21-1980 by Ord. No. 1980-2]

POLE BARN

A farm building which lacks a foundation or basement supported by poles set in the ground and wrapped with exterior siding comprised of corrugated steel, aluminum panels or wood.

[Added 4-22-2019 by Ord. No. 2019-13]

PORCH

A roofed open area which may be glazed or screened, without heating and air conditioning, usually attached to a part of and with access to a principal building.

[Added 7-6-1998 by Ord. No. 1998-5]

PRIMARY PLACE OF RESIDENCE

The address: (1) where at least one of the property owners spends the majority of his or her nonworking time, and (2) which is most clearly the center of his or her domestic life, and (3) which is identified on his or her driver's license, voter registration, or state identification card as being his or her legal address. All the above requirements must be met in order for an address to constitute being a principal residence for purposes of this section.

[Added 2-28-2022 by Ord. No. 2022-5]

PRIVATE GARAGE, CARPORT

An accessory building or structure used for the storage and parking of any number of motor vehicles owned and used by the owner or tenant of the premises. The building or structure may not be used for commercial purposes. Not more than two commercial vehicles may be stored in a private garage nor shall the space be available to the public.

[Added 4-22-2019 by Ord. No. 2019-13[5]]

PROHIBITED USES

A use that is not permitted in a zoning district; a use that is not specifically permitted is prohibited.

[Added 12-1-2003 by Ord. No. 2003-30]

PUBLIC GARAGE

A building or structure available to the general public used for the storage, parking or repair of motor vehicles.

[Amended 4-22-2019 by Ord. No. 2019-13]

RECREATIONAL FACILITIES

Any commercial or noncommercial facility open to the public, which provides for and offers active sports entertainment and activities, such as, but not limited to small-scale auto race track; bumper cars; batting cages; miniature golf, water slides; fixed mechanical spring horses; water bumper boats; golf course; golf driving range; motorized bike race track; tennis courts; baseball fields; basketball courts; soccer fields; volleyball courts; football fields; swimming pools; rock climbing walls; sliding boards; indoor video games; indoor games of chance; indoor skateboard; indoor ice skating; indoor soccer; swings; children's play structures; bowling; pool tables; indoor theaters; health spas and gyms; pedestrian trails; running tacks; and food services and retail sales which are related to the principal recreation activity. It may also include amusement facilities, provided that they are established within a building and are not located outdoors.

[Added 12-15-2003 by Ord. No. 2003-20]

RECREATION VEHICLE

A self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping or travel purposes and used solely as a family or personal conveyance.

[Added 12-1-2003 by Ord. No. 2003-30]

RESIDENTIAL BEHAVIORAL HEALTHCARE FACILITY

A facility that provides professional inpatient treatment for mental, social, or physical illnesses, where the persons receiving such treatment reside within the premises.

[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

RESIDENTIAL MEDICAL DETOXIFICATION CENTER

A residential facility that provides medically supervised treatment for persons suffering from acute withdrawal from a substance abuse disorder or drug or alcohol addiction.

[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]

RESIDENTIAL SHORT-TERM RENTAL

A room, group of rooms, or other living or sleeping space for the lodging of occupants other than a hotel or boarding house, including but not limited to residences or buildings used as residences, that are intended to be leased for a duration of less than 30 days at a time, and where the space will not be the occupant's intended primary place of residence.

[Added 2-28-2022 by Ord. No. 2022-5]

RESPONSIBLE PARTY

Either the short-term rental property owner or a person such as a property manager designated by the owner to be called upon and be responsible at all times during the period of a short-term rental and to answer for the maintenance of the property, or the conduct and acts of occupants of the short-term rental property, and, in the case of the property manager, to accept service of legal process on behalf of the owner of the short-term rental property.

[Added 2-28-2022 by Ord. No. 2022-5]

ROOF-MOUNTED SOLAR ENERGY SYSTEM

An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat-plate, focusing solar collectors, or photovoltaic solar cells, that uses solar energy as its fuel; is located on the roof of a power beneficiary's premises; is designed and intended primarily to offset part or all of the beneficiary's requirements for energy consumption on site.

[Added 7-22-2013 by Ord. No. 2013-7]

SALES ROOM, CRAFT DISTILLERY

An on-site or off-site facility that sells beverages produced by a craft distillery direct to consumers either for consumption on the premises, or off-premises, and licensed in accordance with the State Alcoholic Beverage Law. Also known as a tasting room.

[Added 6-14-2021 by Ord. No. 2021-15]

SALES ROOM, MICRO BREWERY

An on-site or off-site facility that sells beverages produced by a micro brewery direct to consumers either for consumption on the premises, or off-premises, and licensed in accordance with the State Alcoholic Beverage Law. Also known as a tasting room.

[Added 6-14-2021 by Ord. No. 2021-15]

SALES ROOM, WINERY

An on-site or off-site facility that sells beverages produced by a winery direct to consumers either for consumption on the premises, or off-premises, and licensed in accordance with the State Alcoholic Beverage Law. Also known as a tasting room.

[Added 6-14-2021 by Ord. No. 2021-15]

SCHOOL

[Added 2-7-1983 by Ord. No. 1983-2]:

(1) Any building or part therefor which is designed, constructed, or used for education or instruction in any branch of knowledge.

[Amended 12-1-2003 by Ord. No. 2003-30]

(2) A school does not include programs offered by a business enterprise, such as a dance studio, karate school, secretarial school or similar use.

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any adjoining lot.

SOLAR COLLECTORS

A device or a combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy.

[Added 2-25-2019 by Ord. No. 2019-6]

SOLAR ENERGY FARMS

Also known as a "photovoltaic power station," is a large scale decentralized solar array which supplies electricity to the power grid for both residential and utility-scale solar. Typically, many of these large-scale arrays are owned by utility companies and serve as an asset to supply power to many properties in their coverage area. Solar energy farms are associated with the concept of community solar projects.

[Added 2-25-2019 by Ord. No. 2019-6]

STORY

That part of a building included between any floor and the floor or roof next above.

STREET

A public street, road or way which has been dedicated for public use, or a private street, road or way which has been approved by the Township Council.

STREET LINE

The dividing line between a lot and the outside boundary of a public street, road or highway legally open or officially plotted by the Township or between a lot and a private street, road or way over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way.

STRUCTURAL ALTERATION

Any change in or addition to the supporting members of a building or structure, such as bearing-wall partitions, columns, beams or girders.

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.

[Added 12-1-2003 by Ord. No. 2003-30]

SUNROOM

A roofed, enclosed area which may have siding, windows, screens, heating and air conditioning, usually attached to or part of and with access to a principal building.

[Added 7-6-1998 by Ord. No. 1998-5]

TELEPHONE CENTRAL OFFICE

A building and its equipment erected and used for the purposes of facilitating transmission and exchange of telephone or radio telephone messages between subscribers and other business of the telephone company, but, in residence districts, not to include public business facilities, storage of materials, trucking or repair facilities or housing of repair crews.

TOURIST HOME

A private residence in which overnight accommodations are provided for not more than 10 transient paying guests.

TOWNHOUSES

A building that has not less than three nor more than 10 one-family adjacent dwelling units erected in a row as a single building, each being separated from the adjoining unit or units by an approved masonry party or partition wall or walls, thus creating distinct units intended for separate ownership or rental. This definition shall also include such terms as "row house," "court dwelling," "maisonette," etc.

[Amended 12-1-2003 by Ord. No. 2003-30]

TRAILER or TRAILER CABIN

A vehicle, with or without its own motive power, equipped for or used for living purposes and mounted on wheels or designed to be so mounted and transported.

TRAILER CAMP

A lot or premises used for occupancy by two or more trailers or other vehicles used for living or sleeping purposes.

TRUCK

Every motor vehicle designed, used or maintained primarily for the transportation of property.

[Added 12-1-2003 by Ord. No. 2003-30]

TRUCK TRACTOR

Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

[Added 12-1-2003 by Ord. No. 2003-30]

UTILITY SHED

An accessory building or structure used for storage purposes and not for storage of vehicles.

[Added 4-22-2019 by Ord. No. 2019-13]

VEHICULAR IMPOUND YARD

An area for the temporary storage of vehicles that are either waiting to be repaired or to be sent to another location. The storage of each vehicle shall not exceed six months.

[Added 12-1-2003 by Ord. No. 2003-30]

WINEMAKING, INSTRUCTIONAL FACILITY

Any facility where nonlicensed persons may engage in and be instructed in and assist in the act of making wine or any similar fermented alcoholic beverage, where instruction is provided by a person licensed in accordance with the State Alcoholic Beverage Law.

[Added 6-14-2021 by Ord. No. 2021-15]

WINERY

Any establishment engaged in the act of fermenting fruit juice or other natural substances in order to produce alcoholic beverages such as wine, mead, or brandy, and licensed in accordance with the State Alcoholic Beverage Law, that produces less than 250,000 gallons of alcoholic beverages annually.

[Added 6-14-2021 by Ord. No. 2021-15]

YARDS

[Amended 12-20-1982 by Ord. No. 1982-40]:

(1) YARD An open space on the same lot with a building, unoccupied and unobstructed from the ground upward. (An accessory structure placed in the rear yard, where permitted by law shall not be considered as an obstruction.)

(2) FRONT YARD A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the street right-of-way line, if the street line width meets or exceeds the minimum lot width for that zone or district, and a line parallel thereto on the lot. If the street right-of-way line is curved, the aforesaid line shall be a concentric line.

(3) REAR YARD A yard extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be measured from the main rear wall of the building to the rear lot line by creating a rectangle from the rear building wall.

[Amended 12-1-2003 by Ord. No. 2003-30]

(4) SIDE YARD An open, unoccupied space within the lot between a side lot line and the parts of the building, structure or outbuilding nearest thereto. Such "side yard" shall extend through, on both sides of the lot, from the street right-of-way line to the rear line of said lot.

(5) OTHER YARDS With respect to each yard of an irregularly shaped lot or irregularly shaped house, said yard shall be determined by placing a rectangle in said yard between the property line and the structure, which rectangle shall be the depth required for the yard in that particular zone and the width of the structure on that side of the lot measured by extending the lines of the structure.

(6) DETERMINATION AND APPEAL The determination as to which yards are front, side or rear yards shall be made by the Construction Official. This determination shall be based upon the relationship of the lot and/or the building to adjacent properties. In the case of any question with respect to said determination, appeal shall be to the Planning Board without cost or fee.

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

[2] Editor's Note: See N.J.S.A. 13:9B-1 et seq.

[3] Editor's Note: The former definitions of "marijuana alternative treatment centers," "marijuana cultivation facility," "marijuana products," "marijuana recreational/commercial retail establishment," and "marijuana testing facility," all added 10-22-2018 by Ord. No. 2018-17 and which immediately followed this definition, were repealed 6-14-2021 by Ord. No. 2021-14 and 2-28-2022 by Ord. No. 2022-8.

[4] Editor's Note: See N.J.S.A. 46:8B-1 et seq.

[5] Editor's Note: This ordinance also repealed the former definition of "private garage in residential districts," which immediately followed.

§ 154-6 Amendments.

A. The Township Council reserves the right to amend, change, modify or repeal any regulations, limitations and restrictions of this chapter, including the Zoning Map. No such amendment, change, modification or repeal shall be adopted until after a public hearing is held thereon by the Township Council, at which time interested parties and citizens shall have an opportunity to be heard.

B. No amendment or change shall become effective unless the ordinance proposing such amendment or change shall first have been submitted to the Planning Board for approval, disapproval or suggestions, and the Planning Board shall have a reasonable time, not less than 30 days, for consideration and report. In the case of an unfavorable report by the Planning Board, such amendment or change shall not become effective except by a favorable vote of 2/3 of the Township Council.

C. In the case of a protest against such proposed change signed by the owners of 20% or more either of the area of the lots or land included in such proposed change or of the lots or land on either side thereof or directly opposite thereto extending 100 feet therefrom (exclusive of street space), such change shall not become effective except by the favorable vote of 2/3 of all of the members of the Township Council.

§ 154-7 Violations of chapter.

Any person, firm, corporation or association that shall violate any provision of this chapter or do any act or thing prohibited or refuse or fail to do any act or thing required to be done or refuse or fail to comply with any order of the Building Inspector or Zoning Officer or an order of the Board of Adjustment shall be guilty of a violation of this chapter. Whenever such person shall have been officially notified by the Zoning Administrative Officer or by service of a summons in a prosecution or in any other official manner that he is committing a violation, each day's continuation of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.

§ 154-8 Remedies.

A. In case any building or structure is erected, constructed, altered, added to, repaired, converted or maintained or any building or structure is used in violation of this chapter or any regulations made pursuant thereto, the proper Township authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, addition, repair, conversion, maintenance or use; to restrain, correct or abate such violation to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

B. In addition to the right, as hereinbefore enumerated, the proper Township official may institute any appropriate action or proceeding to prevent such unlawful use, occupancy, sale, transfer, assignment, lease or conveyance, or to restrain, correct or abate such violation, and said proper Township officials and all other interested parties shall have the right to have recourse to any and all other remedies, whether by injunction, restraining order, mandamus or otherwise, which are or may hereafter be available by law.[1]

[1] Editor's Note: Original Section 1505, Penalties, which immediately followed this subsection, was deleted 8-15-1983 by Ord. No. 1983-22. For current penalty provisions, see § 154-9.

§ 154-9 Violations and penalties.

[Amended 2-7-1983 by Ord. No. 1983-4; 10-1-1984 by Ord. No. 1984-33]

Any person or persons, including any firm, partnership, corporation or association of any kind, violating any of the provisions of this chapter shall, upon conviction, be subject to a fine of not more than $1,000 or imprisonment for 90 days or both. Each day that a violation continues shall be regarded as a new and separate violation of the chapter.