A.
Unless otherwise expressly stated, the words and phrases listed in § 540-5 shall be construed throughout this chapter to have the meanings therein indicated. 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"; and the word "building" shall include "structure." The present tense shall include the future tense. The word "shall" is always mandatory.[1]
B.
The word "Borough" means the Borough of South Plainfield, Middlesex
County, New Jersey; the term "governing body" means the Mayor and
Council of the Borough of South Plainfield; the term "Planning Board"
means the Borough of South Plainfield Planning Board; the term "Board
of Adjustment" means the Zoning Board of Adjustment of the Borough
of South Plainfield; and the term "administrative officer" means the
Zoning Officer for matters pertaining to the Planning Board or Board
of Adjustment or the Clerk of the Borough for matters pertaining to
the governing body.
As used in this chapter, the following terms shall have the
meanings indicated:
The use of a building, lot or portions thereof, which use
is customarily incidental and subordinate to the principal use of
the main building or lot.
Any area of land, water, or both, which is used or made available
for the landing and takeoff of aircraft, including helicopters, and
which may provide facilities for the shelter, security, supply and
repair of aircraft, and which, as to size, design, surface marking,
equipment, maintenance, repair and management, meets the minimum requirements
for the various classes of airports established by the New Jersey
Bureau of Aeronautics.[1]
Any change in the supporting members of a building, such as
bearing walls, columns, beams or girders, except such change as may
be required for safety, or any substantial change in the roof or in
the exterior walls, not including, however, changes in doors or windows
or alterations which affect primarily the appearance and not the life
of the structure.
Any addition to a building, any change in use from that of one
zoning classification to another, or moving a building from one site,
location or position to another.
A building, not more than three stories and 40 feet in height,
on one lot, containing three or more separate dwelling units and sharing
joint utility services and facilities.
[Added 5-14-1998 by Ord.
No. 1483]
Any establishment servicing motor vehicles with fuel, but
not including repairs, changing of tires, or any other replacement
of essential or accessory parts. Automotive gasoline stations may
service automobiles by adding oil, windshield washer fluid, or similar
fluids but shall not provide any services which require bays or lifts,
such as oil changes or lubrication of chassis.
[Added 6-24-2013 by Ord.
No. 1990]
An automotive gasoline station which has on the same site
a retail store selling convenience household items such as prepackaged
food items, ice cream, baked goods, beverages, paper products, and
similar items geared for the use and convenience of the motorists
utilizing the gasoline pumps. It is the intent that a convenience
store provides convenience items to the motoring public which will
generally be utilized or consumed at a separate destination and not
on site, though tables and chairs may be provided for incidental use
by customers upon approval by the board with proper jurisdiction over
the site plan application.
[Added 6-24-2013 by Ord.
No. 1990]
Any establishment, whether or not dispensing gasoline, serving
motor vehicles with vehicle maintenance not requiring extensive or
prolonged mechanical work before completion (for the purposes of this
chapter, "extensive or prolonged mechanical work" shall mean work
which requires a vehicle to be on the site for a period of more than
30 days). Service work offered shall be limited to oil changes; lubrication;
tune-ups; minor engine or drive train repairs; installation of tires,
batteries and accessories; wheel balancing and alignment; and the
replacement of mechanical parts such as hoses, spark plugs, ignition
wiring, brakes, alternators, water pumps and similar parts not requiring
extensive repairs. Repair facilities which provide repairs and service
to any large trucks or equipment such as semi-tractors or heavy grading
equipment shall not be considered automotive service stations. Repair
facilities which provide automotive body or collision repairs shall
not be considered automotive service stations.
[Added 6-24-2013 by Ord.
No. 1990[2]]
That portion of a building which is partly or completely
below grade. (See "story above grade.")
A combination of lawn and a landscape screen of densely planted
(or having equivalent natural growth) evergreen shrubs or trees at
least four feet high at the time of planting, of a type that will
form a year-round dense screen at least six feet high, which shall
be maintained in good condition at all times. Where required in the
district regulations, a screen shall be installed along or within
the lines of a lot as a protection to adjoining or nearby properties.
A structure having a roof supported by columns, posts or
walls for the housing or enclosure of persons, animals or property
of any kind, including tents, lunch wagons, trailers, dining cars,
camp cars or other structures on wheels or other supports and any
unroofed platform, terrace or porch having a vertical face higher
than three feet above the level of the ground from which the height
of the building is measured.
A line that outlines or inscribes the building area.
The total number of stories in a building and the vertical
distance measured from the average elevation of the finished lot grade
at the front of the building to the highest point of the roof adjacent
to the street wall for flat roofs; to the deckline of mansard roofs;
and to the mean height between eaves and ridges for gable, hip, gambrel
or pent roofs.
Any and all parts of the plant cannabis sativa L., whether
growing or not, the seeds thereof, and every compound, manufacturer,
salt, derivative, mixture, 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 P.L.
2021, c. for use in cannabis products as set forth in this Act, but
shall not include the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations, food, drink or
other product. Cannabis does not include medical cannabis dispensed
or registered to qualifying patients pursuant to the "Jake Honig Compassionate
Use Medical Cannabis Act".
[Added 8-16-2021 by Ord.
No. 2207]
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 useable cannabis to cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 1 Cannabis Cultivators License.
[Added 8-16-2021 by Ord.
No. 2207]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies filed
by cannabis retailer 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 directly through the
cannabis delivery service, which after presenting the purchase order
of the cannabis retailer for fulfillment, is delivered to that consumer.
This person shall hold a Class 6 Cannabis Delivery License.
[Added 8-16-2021 by Ord.
No. 2207]
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 Distributors
License.
[Added 8-16-2021 by Ord.
No. 2207]
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 Manufacturers
License.
[Added 8-16-2021 by Ord.
No. 2207]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers, 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 8-16-2021 by Ord.
No. 2207]
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.
[Added 8-16-2021 by Ord.
No. 2207]
See "basement."
A certificate issued by the Construction Official upon completion
of the construction of or alteration of a building, or upon a change
in the occupancy of a building, or upon the commencement of occupancy
of land or change in the occupancy of land, which certifies that all
requirements of this chapter, or such adjustments thereof as have
been granted by the Board of Adjustment or by the Planning Board,
and all other applicable requirements have been complied with.[3]
One or more of the following: church, manse, house, temple,
synagogue, rectory, convent, parish or similar building incidental
to the particular use, school for religious education, teachers, communicants
and domestic or maintenance employees, but not including business
offices (except administrative offices incidental to the operation
of the particular use), rescue missions or the occasional use for
religious purposes of properties not regularly so used.
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for a civic, social,
cultural, religious, literary, political, educational or recreational
purpose, but not primarily for profit or to render a service which
is customarily carried on as a business, but not including shooting
clubs, operated for the benefit of its members and not open to the
general public.
The established elevation of the curb top at (or adjacent
to) the midpoint of the front lot line.
An area of a lot terminating at a curb cut being composed
of an impervious or semi-impervious material (including but not limited
to asphalt, cement, gravel, macadam, concrete and paver stones) and
used for the parking or movement of motor vehicles.
[Added 2-3-2014 by Ord.
No. 1996]
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purposes of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles, or parts thereof, or waste material of any kind.
(Also see "junkyard.")
A building or portion thereof designed for and used exclusively
for residential occupancy, including one-family and two-family, and
not including apartments, hotels, hospitals, nursing homes, boardinghouses,
residential clubs, rooming houses, tourist courts, trailers and the
like.
One or more living or sleeping rooms with cooking and sanitary
facilities for one person or one family.
A detached building containing only one dwelling unit for
exclusive use by one family.
One or more persons living as a single, nonprofit housekeeping
unit.
[Amended 5-14-1998 by Ord. No. 1483]
Any parcel of land which is used for gain in the raising
of agricultural products, livestock, poultry or dairy products.
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 as defined
by this article.
A constructed barrier of wood, masonry, stone, wire, metal
or any other nonvegetative material, or combination of such materials,
erected for the enclosure or screening of yard area or other areas
on a lot.
The sum of the gross horizontal areas of the several floors
of the building or buildings measured from the exterior faces and
exterior walls, or from the center line of walls separating two buildings.
"Floor area" shall not include garages, porches or any floor area
having a headroom of less than seven feet, three inches, or with a
level three or more feet below the average level of the surrounding
ground.
First-floor area shall be measured by using the outside dimensions
of a residential portion of a building excluding the area of an attached
garage. For a split-level or a tri-level dwelling, the area shall
be considered to be the sum of the areas of the two largest adjoining
levels.
The sum of the gross horizontal areas of the several floors
of the building or buildings measured from the exterior facing of
exterior walls or from the center line of walls separating two buildings.
A building attached or accessory to a dwelling unit and used
for the storage of motor vehicles or the like and in which no occupation,
business or service for profit is carried on.[4]
The total number of dwelling units divided by the acreage
of the entire planned residential development, including dedicated
areas, common areas, and open space.
[Added 5-14-1998 by Ord.
No. 1483]
Any land or premises with or without buildings used for the
deposit, collection or storage of salvageable materials or used or
discarded things, whether or not in connection with the dismantling,
processing, salvage, sale or other use or disposition thereof; and
for the purpose of this chapter, the deposit or storage on any lot
of two or more wrecked or inoperative vehicles or parts thereof for
one month or more shall be deemed to be a junkyard. (Also see "dump.")
An off-street space or berth abutting upon a street or other
appropriate means of access intended for the temporary parking of
a vehicle while loading or unloading merchandise or materials.
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.
The total area within the lot lines of a lot expressed in
terms of square feet or acres. Any portion of a lot in a public right-of-way,
existing or proposed, shall not be included in calculating lot area.
A parcel of land at the junction of and fronting on two or
more intersecting streets, as defined on Borough tax maps.
The amount of a lot stated in terms of percentage that is
covered by all buildings and/or structures located thereon. This shall
be deemed to include all buildings, porches, decks, arbors, breezeways,
patio roofs and the like, whether open, box type and/or lath roofs
or fully roofed, but shall not be deemed to include fences, walls
or hedges used as fences or any on-grade improvement.
[Amended 3-11-1993 by Ord. No. 1305B]
The average distance between the front and rear lot lines
measured in the general direction of the side lot lines.
A lot other than a corner lot.
In the case of an interior lot, a line separating the lot
from the street, and in the case of a corner lot, a line separating
the narrowest street frontage of the lot from the street.
A lot line which is opposite and most distant from the front
lot line, and in the case of an irregular-shaped lot, the line which
is most nearly parallel to and at the greatest average distance from
the street line.
Any lot boundary line not a front lot line or a rear lot
line.
A corner lot, the rear of which abuts upon the side of another
lot.
An interior lot having frontage on two streets.
The mean horizontal distance between the side lot lines measured
at right angles to its depth. Required lot width (see Schedule)[5] shall be measured at the most forward allowable building
line or setback line; however, the mean lot width shall not be less
than the required lot width.
A mass-produced building manufactured off site and assembled
on site for long-term residential use. It is modular housing and is
constructed in more than one section for combination on the site.
Manufactured housing must meet New Jersey State Construction Code
standards and does not include trailer homes or mobile homes.
[Added 5-14-1998 by Ord.
No. 1483]
One or more structures designed for the renting of sleeping
rooms to transient guests, chiefly motorists, and so laid out that
there is direct and immediate access from a parked automobile to the
rooms, and access to the rooms is not restricted to passage by a single
control desk or lobby.
A building used or designed as a residence for three or more
separate dwelling units sharing joint utility services and facilities.
This does not include motels, hotels or rooming houses.
[Added 5-14-1998 by Ord.
No. 1483]
The Municipal Planning Board, Board of Adjustment or Borough
Council when acting pursuant to this chapter.[6]
A lot the area, dimension or location of which was lawful
prior to the adoption, revision of amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
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 reason of such adoption, revision or amendment.
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 reason of such adoption, revision or amendment.
An offensive, annoying, unpleasant or obnoxious thing or
practice, a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics
or activity or use across a property line which can be perceived by
or affects a human being or the generation of an excessive or concentrated
movement of people or things, such as but not limited to:
Noise.
Dust.
Smoke.
Fumes.
Odor.
Glare.
Flashes.
Vibrations.
Shock waves.
Heat.
Electronic or atomic radiation.
Objectionable effluent.
Noise of congregation of people, especially at night.
Passenger traffic.
Transportation of things by truck, rail or other means.
Invasion of nonabutting street frontage by parking.
The obscuring or marking of adjacent or nearby property by projecting
signs, marquees or canopies.
Any adverse effect on value or desirability of nearby property
caused by such matters as incongruous appearance, exposed storage
of inoperable automobiles, junk or materials, and neglect or dilapidation
thereof.
The use of a lot or structure.
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.
An area other than a street used for the parking of motor
vehicles.
A space in a garage or parking area not less than nine feet
wide and 18 feet long reserved for the parking of only one automobile.
This space is exclusive of driveways, ramps, columns, office and work
area.[7]
A building in which is conducted the main or principal use
of the lot on which said building is situated.
The office of a recognized profession, including architects,
artists, accountants, authors, dentists, doctors or physicians, landscape
architects, lawyers, ministers, musicians, optometrists, professional
engineers, surveyors, and such other professional occupations which
may be so designated by the Board of Adjustment upon finding by such
Board that such occupation is truly professional in character by virtue
of the need for similar training and especially as a condition for
the practice thereof. The issuance of a state or local license for
regulation of any gainful occupation need not be deemed indicative
of professional standing.
Any structure or part thereof or any device attached to a
building or painted or represented thereon which shall display or
include any word, model, flag, insignia, device or representation
which is in the nature of or which is used as an announcement, direction
or advertisement, for commercial purposes or otherwise. A sign includes
a billboard, also a neon tube string of lights or similar device outlining
or hung upon any part of a building or lot, but does not include the
flag or insignia of any nation or group of nations.
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge to the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines said sign.
A development plan of one or more lots, on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways;
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; and
Any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning Board or Board of
Adjustment pursuant to the Municipal Land Use Law.
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade when the distance from grade to the finished surface of the
floor above the basement is more than six feet (1,829 mm) for more
than 50% of the total perimeter or more than 12 feet (3,658 mm) at
any point.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action as provided by this chapter,
or which is shown on a plat duly filed and recorded in the office
of the County Recording Officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats, and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon said
street as distinct from a sidewalk line, curbline or edge of pavement
line.
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.
More than two single-family dwelling units which are attached
by a common wall to each other, together with individual rear and
front entrances. A townhouse unit may have a front and/or rear yard
designed as an integral part of each unit, or all townhouse units
in a development may share common outside facilities in conformance
with an approved site plan. A townhouse has its own separate storage
area and heating system and is considered to be an independent operating
unit.
[Added 5-14-1998 by Ord.
No. 1483]
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Sections 29.2b, 47 and 57c and d of the Municipal
Land Use Law (N.J.S.A. 40:55D-40b, 40:55D-60 and 40:55D-70c and d).
Every device in, upon, or by which a person or property is
or may be transported upon a highway, excepting devices moved by human
power or used exclusively upon stationary rails or tracks or motorized
bicycles.
MOTOR VEHICLEIncludes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks or motorized bicycles.
TRAILEREvery vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle.
An open space on a lot unoccupied and unobstructed from the
ground upward except as otherwise provided in this chapter.
YARD, FRONTA yard extending across the full width of the lot and into which space there shall be no extension of building parts other than steps, eaves and cornices.
YARD, REARA yard extending across the full width of the lot between the principal building and rear lot line.
YARD, SIDEA yard between the principal building and the side lot line extending from the front yard to the rear yard.
YARD, PRINCIPAL FRONT (ON CORNER LOTS)The open space extending from the front of the structure to the front property line.
YARD, SECONDARY FRONT (ON CORNER LOTS)The yard extending from the side of the structure to the property line adjacent to the public right-of-way.
[4]
Editor's Note: The definition of "garage, public," which immediately
followed this definition, was repealed 6-24-2013 by Ord. No. 1990.
[5]
Editor's Note: The Schedule of General Requirements is included as an attachment to this chapter.
