As used in this chapter, the following words and phrases shall
have the meanings ascribed to them in this section unless the context
otherwise requires. Whenever a term is not defined in this chapter,
it is intended to have the meaning set forth in the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.), if defined by that statute. In
the event of conflict between the definition in this chapter and that
contained in said statute, the definition in said statute shall apply.
A subordinate building or structure customarily incident
to the principal building and located on the same lot with such principal
building.
A use naturally, normally and customarily incident and subordinate
to the main use of the premises or lot.
See MLUL.[1]
A nonresidential facility that provides meals, social and
recreational activities under general supervision for elderly persons
and adult persons with disabilities for a period not to exceed 12
hours a day.[2]
[Added 10-5-2023 by Ord. No. 14-2023]
A change in the supporting members of a building, an addition
to or diminution of a building. A change in use or to a use of greater
intensity; and enlargement of a use. A conversion of a building or
part thereof, or removal of a building from one location to another
on the same lot or a different lot.
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangement includes, but is not limited
to: transitional facilities for the homeless, Class A, B, C, D, and
E boarding homes as regulated by the New Jersey Department of Community
Affairs; residential health care facilities as regulated by the New
Jersey Department of Health; group homes for the developmentally disabled
and mentally ill as licensed and/or regulated by the New Jersey Department
of Human Services; and congregate living arrangements.
A dwelling with one or more rooms with private bath and kitchen
facilities, comprising an independent self-contained dwelling unit
in a larger building.
See MLUL.
See MLUL.
A commercial establishment that engages in the sales, loan,
and/or display of paintings, sculpture, photography, video art, or
other works of art. An art gallery does not include uses such as a
library, museum or noncommercial gallery that may also display paintings,
sculpture, video art or other works of art.
[Added 10-5-2023 by Ord. No. 14-2023]
A studio for artist activities, such as paintings, sculpture,
photography, video art, and the creation of artisan-related crafts,
such as metalworking, glassblowing, furniture making, pottery, leathercraft
and related items.
[Added 10-5-2023 by Ord. No. 14-2023]
A residential facility which is licensed by the Department
of Health to provide rooms, meals, and personal care. Residential
units offer, at a minimum, one unfurnished room, a private bathroom,
a kitchenette, and a lockable door on the unit entrance. Assisted
living residences may provide other services to residents such as
dining, housekeeping, social and recreational activities, medication
administration, financial services, and transportation.
[Added 10-5-2023 by Ord. No. 14-2023]
The open, nonhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
Establishments selling automobile parts and accessories.
[Added 10-5-2023 by Ord. No. 14-2023]
General repair, rebuilding, or reconditioning of engines,
transmissions, or other major systems of motor vehicles or trailers,
including bodywork, welding, and major painting service.
[Added 10-5-2023 by Ord. No. 14-2023]
The use of any building, land area, or other premises principally
for the display, sale, rental, or lease of new or used automobiles
(but may include light trucks or vans, trailers, or recreation vehicles),
and including any vehicle preparation, warranty, or repair work conducted
as an accessory use.
[Added 10-5-2023 by Ord. No. 14-2023]
The average of the highest and lowest ground elevations around
the foundation of a structure.
A roof-like cover of canvas, vinyl or other like material,
attached to but not an integral part of the building, which covering
may or may not be retractable, and which is intended as a protection
from the elements and/or for ornamental purposes.
An establishment used primarily for the serving of alcoholic
beverages by the drink to the general public and where food or packaged
liquors may be served or sold only as accessory to the primary use.
A room having a floor level below the average elevation of
the ground at the foundation of a building.
A room within a dwelling unit used for sleeping purposes,
and in connection with a townhouse dwelling unit means any separate
room other than a living room, dining room, kitchen or bathroom.
[Added 5-15-2008 by Ord.
No. 12-2008; repealed 2-18-2016 by Ord. No. 1-2016]
Wet, spongy land, usually poorly drained, highly acidic (pH)
and rich in plant residue.
[Added 6-12-2003 by Ord.
No. 8-2003]
A required landscaped area in which no building, parking
area, driveway (except to provide access to the subject property and
which is perpendicular to the buffer area), street sign (except traffic
directional signs) or storage of materials shall be permitted.
See MLUL.
The horizontal projection of all principal and accessory
buildings or roofed structures on a lot, expressed in square feet
as a portion of the total area of a lot and measured from the exterior
surface of exterior walls of the ground floor, or in the event no
exterior walls are involved, measured from the exterior face of columns,
railings or the like supporting the roof of a structure.
[Amended 12-19-2019 by Ord. No. 12-2019]
A structure, either freestanding or attached to a building
wall, having horizontal or nearly horizontal top and bottom surfaces,
and which is intended to serve as a covering over the ground below
and the objects thereon.
See MLUL.
Any building or premises used for washing motor vehicles.
[Added 10-5-2023 by Ord. No. 14-2023]
A portion of the building partly underground, having 1/2
of its clear height below the average grade or adjoining ground. (See
"basement.")
The use of a building or land which is in any manner different
from the previous use by way of function, operation, extent, products
sold or manufactured and the like, including a change from one permitted
use to another kind of permitted use in the same zone, as well as
any change in activity which changes, alters or enlarges the previous
use or which will change, alter, enlarge or affect drainage, traffic,
parking, sidewalks, paving, landscaping, fencing, sanitary disposal
or other similar considerations under the site plan review requirements.
A facility, by whatever name known, which is maintained for
the care, development and supervision of six or more children under
six years of age who attend the facility for less than 24 hours a
day. This term shall include, but shall not be limited to, such programs
as child-care centers, day-care centers, drop-in centers, day nursery
school, play schools, cooperative child centers, centers for children
with special needs, infant-toddler programs, employment related centers,
child-care centers that have a already received approval from the
Department of Human Services prior to the enactment of the Child-care
center Licensing Act,[3] and kindergartens that are not an integral part of a private
educational institution or system offering elementary education in
grades kindergarten through sixth. The term shall not include any
facility excluded from the definition of "Child-care centers," in
the Manual of Standards for Child-care centers, State of New Jersey,
Department of Human Services.
An establishment operating with a cidery and meadery license
as defined and regulated within N.J.S.A. 33:1-10.
[Added 10-5-2023 by Ord. No. 14-2023]
See MLUL.
See MLUL.
Two or more contiguous parcels of real property in the same
ownership.
See MLUL.
A qualified person appointed by the Borough Council, pursuant
to N.J.S.A. 52:27D-119 et seq. and the regulations pursuant thereto,
to enforce and administer the State Uniform Construction Code, and
the regulations promulgated there under, and applicable Borough ordinances
pertaining to construction.
A residential community for older adults which provides a
continuum of living accommodations and care, including provisions
for health care for individuals from independent living to assisted
living to skilled nursing care. The CCRC must be registered with the
New Jersey Department of Community Affairs. Also see "life plan communities."
[Added 10-5-2023 by Ord. No. 14-2023]
Establishments primarily engaged in installation, servicing,
and repair services to individuals and other businesses, including
plumbing, heating, electrical, air conditioning, exterminator service,
janitorial, lawn and garden, and construction services. Such establishments
may include incidental office and retail sales. Contractor services
do not include automobile services.
[Added 10-5-2023 by Ord. No. 14-2023]
A retail establishment selling food and beverages, groceries
and convenience items with a maximum of 4,000 square feet of gross
floor area. Such items may be prepackaged and/or include freshly prepared
food and beverage for on- or off-site consumption, coffee, snacks,
dairy products, dry goods, grocery items, newspapers, tobacco, lottery
sales, over-the-counter medication and minor automotive accessories.
[Added 8-18-2022 by Ord. No. 9-2022]
The following accessory facilities shall be permitted, but not
required: automated teller machines within the store, electric vehicle
supply/service equipment, and outdoor amenities such as outdoor dining
areas, plazas and planters.
A lot at the junction of, or a lot having frontage on two
or more intersecting streets; or a lot bounded continuously on two
or more sides by the same street.
A distillery operating with a craft distillery license as
defined and regulated within N.J.S.A. 33:1-10.[4]
[Added 8-18-2022 by Ord. No. 9-2022]
See MLUL.
See MLUL.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use 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 N.J.S.A. 40:55D-1 et seq.
[Amended 10-19-2006 by Ord. No. 13-2006]
See MLUL.
See MLUL.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.[5]
A building containing one dwelling unit only.
A building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, including
one-family, two-family and multiple-family dwellings, apartment-hotels,
boarding and lodging houses but not including hotels, motels, tourist
cabins, trailers or trailer courts.
An encumbrance, right or grant of an estate in lands to use
in some way the lands of another.
A statement of the effect of proposed development, and other
major private or governmental actions on the environment.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
A facility used for professional conferences, seminars and
training programs, including banquet facilities in connection with
the conference, seminars, and training programs.
[Added 10-5-2023 by Ord. No. 14-2023]
A person or any number of persons living together in a dwelling
as a single household unit.
A man-made vertical structure erected as a barrier, enclosure
or screening and extending or suspended between posts or other supports.
As used in this chapter, the term "fence" shall include the term "wall."
See MLUL.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with regulations established by this chapter and which, if approved,
shall be filed with the proper County Recording Officer.
Establishments such as banks and financial institutions,
credit agencies, investment companies, mortgage brokers, real estate
agents, brokers of and dealers in securities and commodities, security
and commodity exchanges, insurance agents, lessors, lessees, buyers,
sellers, agents, and developers of real estate.
[Added 8-18-2022 by Ord. No. 9-2022]
The floodplain consisting of the floodway and flood fringe
area (limit of floodwaters).
[Added 6-12-2003 by Ord.
No. 8-2003]
The channel and the relatively flat areas adjoining the channel
of a watercourse or surface water body that has been, or may be covered
by floodwaters.
[Added 6-12-2006 by Ord.
No. 8-2003]
The channel and any portions of the floodplain adjoining
the channel, which are reasonably required to carry and discharge
the floodwater areas adjoining the channel of a watercourse or surface
water body that has been, or may be covered by floodwaters or flood
flow of the particular watercourse or water body.
[Added 6-12-2003 by Ord.
No. 8-2003]
[Amended 4-21-2016 by Ord. No. 7-2016]
For the purpose of computing floor area when calculating minimum
residential floor area, it shall be defined as the area of all floors
computed by measuring the inside dimension of the outside walls in
a building, excluding the floors of the following: crawl spaces, cellars,
porches, breezeways, patios, terraces, garages, and carports. The
floor area of a second floor room or attic shall be included if the
ceiling height is at least seven feet notwithstanding that the room
or attic has minor ceiling slopes, provided that these walls are at
least five feet in height.
For the purpose of computing nonresidential off-street parking
requirements and floor area ratio, floor area shall be defined as
the area of all floors computed by using the dimensions of the outside
walls of a building excluding the basement area only if it is used
for storage or mechanical equipment for heating and ventilation and
not devoted to the principal use of the building and also excluding
any floor area devoted to off-street parking or loading facilities,
including aisles, ramps and maneuvering space.
The sum of the area of all floors of buildings or structures
compared to the total area of the site. (See "floor area.")
See "wetland, freshwater."
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
[Added 10-5-2023 by Ord. No. 14-2023]
A detached accessory building or portion of the principal
building used for the storage of motor vehicles of the occupants of
the principal building.[6]
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels; minor
or light servicing and repair of automobiles; and including as an
accessory use the sale and installation of lubricants, tires, batteries,
and similar vehicle accessories.
[Added 10-5-2023 by Ord. No. 14-2023]
A single use that includes a retail store with a fuel dispensing
facility on the same premises, under common management and operated
by a single business entity with a minimum of 3,000 square feet of
gross floor area and maximum of 6,500 square feet of gross floor area
in conjunction with the sale of gasoline and diesel for motor vehicles.
If the establishment is on Route 10 then the maximum gross floor area
may be 7,000 square feet. These establishments may contain indoor
and outdoor dining areas for the purpose of on-site consumption of
products. The following accessory facilities shall be permitted, but
not required: automated teller machines within the store, electric
vehicle supply/service equipment, outdoor vacuums, air pumps for the
inflation of tires, outdoor amenities such as outdoor dining areas,
plazas, and planters, and the outdoor display of minor automotive
accessories located adjacent to the fuel dispensers. These facilities
may operate 24 hours per day and seven days per week. The following
accessory facilities shall not be allowed: any kind of vehicle repair
or maintenance services, tire sales or services, vehicle rental services,
vehicle customization or accessory sales, taxis or bus services, and
any long term or overnight parking and any other accessory use not
specifically permitted.
[Added 8-18-2022 by Ord. No. 9-2022]
The Mayor and Borough Council of the Borough of Morris Plains.
Establishments providing support to medical professionals
and their patients, such as medical and dental laboratories, blood
banks, oxygen, and miscellaneous types of medical supplies and services.
[Added 10-5-2023 by Ord. No. 14-2023]
An establishment or part thereof providing facilities for
physical exercise, whether individual activity or group session. Accessory
uses may include snack bars and cafes serving food and refreshments
prepared off-premises, child-care facilities, locker rooms, showers,
small retail areas related to the principal use, lounges, saunas,
and steam rooms.
[Amended 10-5-2023 by Ord. No. 14-2023]
Except as provided for accessory buildings at § 13-5.2A(10),
"height of building or structure" means the vertical distance from
the average ground elevation around the foundation to the level of:
A area used for the landing and taking off of helicopters
for the purpose of picking up or discharging passengers or cargo,
but not including storage of the aircraft, fuel service, maintenance
or overhaul.
A building containing hotel units, each having its only access
from an interior corridor, designed and intended to be used as overnight
sleeping accommodations for transient guests; which building has a
public lobby and full-time management serving the quests and which
may contain ancillary services and facilities, such as restaurants,
shops and boutiques, recreation facilities, meeting rooms and convention
facilities which shall be accessible from the interior of the building.
A room or suite of rooms in a hotel which shall consist of
a bedroom, a bathroom and closet or closet area, and which may include
not more than one additional room for sleeping purposes.
Buildings, structures, pavement and other land or surface
improvements which impede the normal infiltration of stormwater, including,
but not limited to, paved parking lots, decks, patios, pools including
water surface area, sidewalks, paved or gravel driveways, and brick,
stone or concrete pavers.
[Amended 12-19-2019 by Ord. No. 12-2019]
A dwelling unit in a continuing care retirement community
which is unrestricted except as to an age requirement for occupancy.
[Added 10-5-2023 by Ord. No. 14-2023]
An establishment where entertainment or recreation services
are provided to the general public, and for which user fees are charged.
Uses include, but are not limited to, batting cages, indoor soccer,
roller- and ice-skating rinks, indoor climbing gyms, gymnastics centers,
bowling alleys, arcades, escape rooms, billiards and virtual experience
centers. Accessory uses might include the sale of food and refreshments
prepared off-premises, and private event rooms.
[Added 8-18-2022 by Ord. No. 9-2022]
Uses serving a public need, such as places of worship, libraries,
schools, and museums teaching academic subjects, including the kindergarten
level and above but below the college level. The term "institutional
uses" does not include child-care centers as defined elsewhere in
this chapter.
[Amended 10-5-2023 by Ord. No. 14-2023]
Establishments including, but not limited to, dance, yoga,
Pilates, barre, culinary, creative arts and crafts, painting, pottery,
glassblowing, music, martial arts, academic and athletic instruction.
Accessory uses may include small retail areas and/or small performance
spaces related to the principal use. Accessory uses may include serving
food and beverages. However, no food may be prepared on site.
[Added 8-18-2022 by Ord. No. 9-2022]
See MLUL.
An attached single-family dwelling unit in a building of
at least three units in which each unit has its own individual access
to the exterior and where such units shall be partially located one
over the other.
[Added 10-7-2010 by Ord.
No. 12-2010]
A stream that does not always have water in it, that has
a drainage area of 50 acres or greater, or is portrayed as a dashed
line on an USDA Soil Survey Map of the most recent edition, whichever
is more restrictive.
[Added 12-19-2002 by Ord.
No. 24-2002]
See MLUL.
See "continuing care retirement community (CCRC)."
[Added 10-5-2023 by Ord. No. 14-2023]
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products, but excluding basic industrial
processing. Typical light manufacturing uses include, but are not
limited to: furniture making; commercial bakeries; volume printing,
publishing and mailing; and laundry services for other businesses.
[Added 10-5-2023 by Ord. No. 14-2023]
Processes involving the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials.
[Added 11-9-2017 by Ord.
No. 14-2017]
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading.
Floor space located above a floor and immediately below a
roof, having a clear height of not less than five feet and averaging
not less than eight feet, and which is open to the floor below except
for a railing, wall or fence with a height of not more than four feet
above the floor space.
[Added 5-17-2001 by Ord.
No. 7-2001]
See MLUL.
The total unit contents included within a lot measured in
square feet.
That portion of the total area of a lot covered by all impervious
surfaces, including but not limited to all principal and accessory
buildings and structures, accessory uses, or any other structure or
similar improvements, expressed in square feet.
[Added 12-19-2019 by Ord.
No. 12-2019]
The distance in feet between the side lot lines measured
along the street line. In the case of a corner lot, the lot frontage
and front yard setback shall be met from all streets.
[Added 12-19-2019 by Ord.
No. 12-2019]
The horizontal distance in feet between side lot lines measured
at the minimum building setback from the street.
[Added 12-19-2019 by Ord.
No. 12-2019]
[Added 5-17-2001 by Ord.
No. 7-2001; repealed 9-6-2018 by Ord. No. 17-2018]
See MLUL.
See MLUL.
Housing units not restricted to low- and moderate-income
households that may sell at any price determined by a willing seller
and a willing buyer.
[Added 10-19-2006 by Ord.
No. 13-2006]
See "canopy" or "marquee."
Low-lying land areas characterized by high water tables,
soils, and extensive vegetation peculiar to and characteristic of
wet places. Such areas shall also include swamps.
[Added 6-12-2003 by Ord.
No. 8-2003]
A place where persons pay either a membership fee, admission
fee or any other fee and where the activity on the premises includes
touching, massaging or rubbing of a specified anatomical area by either
personal or mechanical means. Massage therapy conducted by medically
licensed personal is excluded from this definition.
[Added 6-12-2003 by Ord.
No. 8-2003]
See MLUL.
A distance, as specified in this chapter, measured from and
parallel to a street right-of-way, within which the required minimum
lot size must be measured.
A brewery operating with a limited brewery license as defined
and regulated within N.J.S.A. 33:1-10.
[Added 3-3-2022 by Ord. No. 1-2022]
Any citizen and resident of this state honorably discharged
or released under honorable circumstances from active service in any
branch of the Armed Forces of the United States.
[Added 9-15-2022 by Ord. No. 14-2022]
A development of one or more lots which:
Proposes development of a relatively minor or immaterial nature
limited to the following general types of development:
A change in use involving no building construction other than
interior modifications, except as hereinafter provided, and no additional
off-street parking; and
Minor structural changes in the nature of entry enclosures,
porticoes, facade changes, display windows, and other structural appurtenances;
or
Building additions not exceeding 10% of the ground coverage
of the existing building structure and not involving any additional
off-street parking of any land disturbance beyond the immediate area
around the structure.
Does not require any new street or extension of any off-tract
improvement which is to be pro-rated in accordance with the provisions
of the Municipal Land Use Law or this chapter; and
Contains the information reasonably required in order to make
an informed determination as to whether the requirements of this chapter
have been met.
A subdivision of land for the creation of three lots or less,
provided that such subdivision does not involve:
Municipal Land Use Law.
An enclosed mobile vehicle designed and constructed so as
to permit occupancy for dwelling purposes on a permanent basis and
customarily moved about on wheels. All mobile vehicles for habitation
not classified as travel trailers shall be construed to be mobile
homes.
[Added 5-17-2001 by Ord.
No. 7-2001; repealed 9-6-2018 by Ord. No. 17-2018]
A building or premises used for the transfer of privately
owned furniture, household goods and other materials in transit between
a previous location and a final location and which may include facilities
for the loading, unloading and temporary storage of such materials
and for the temporary parking of trucks used in connection with such
use.
See MLUL.
A lot, the area, dimensions or location of which was lawful
prior to the adoption of the Zoning Ordinance of December 18, 1958
or any subsequent revisions or amendments thereto, but fails to conform
to the requirements of the zone in which it is located by reason of
such adoption, revision or amendment.
See MLUL.
A use which was lawfully exercised within a building or on
land at the time of adoption of the Zoning Ordinance of December 18,
1958 or any subsequent amendment thereto at a later date and which
is not permitted in the zone in which it is located effective after
any such date.
A group of people organized for a common purpose to pursue
common goals, interests, or activities that promote the general welfare
of the community, and are usually characterized by certain membership
qualifications, payment of fees and dues, regular meetings, and a
constitution and bylaws. Such organizations shall have tax-exempt
status from the Internal Revenue Service.
[Added 10-5-2023 by Ord. No. 14-2023]
A facility that is licensed by the Department of Health to
provide health care under medical supervision and continuous nursing
care for 24 or more consecutive hours to two or more patients who
do not require the degree of care and treatment which a hospital provides
and who, because of their physical or mental condition, require continuous
nursing care and services above the level of room and board.
[Added 10-5-2023 by Ord. No. 14-2023]
See MLUL.
See MLUL.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry, or government and generally
furnished with desks, tables, files, and communication equipment.
[Added 8-18-2022 by Ord. No. 9-2022]
An office use in which common and unassigned office space
is made available to individuals and companies on a short-term basis,
including daily rates. Assigned office spaces and longer lease periods
may be included in this definition so long as they are still provided
access to common use space and common facilities. Long-term assigned
(increments greater than one month) office space without access to
common use space and common facilities shall be considered to fall
within the definition of “office.”
[Added 10-5-2023 by Ord. No. 14-2023]
A room or group of rooms used to provide consultation, diagnosis,
therapeutic, preventive, physical therapy, or corrective personal
treatment services by doctors, dentists, medical and dental laboratories,
physical therapists, and similar practitioners of medical and healing
arts for humans, licensed for such practice.
[Added 8-18-2022 by Ord. No. 9-2022]
See MLUL.
See MLUL.
See MLUL.
See MLUL.
A designated area associated with a business located outside
the principal building and where patrons may sit at tables while consuming
food and beverages.
[Added 8-19-2021 by Ord. No. 11-2021]
Any individual, firm, association, syndicate, co-partnership
or corporation having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings to develop
the same under this chapter.
An open area, other than a street, driveway or public way,
used for the parking of motor vehicles and available for public use
whether for a fee or as a service or privilege for clients, customers,
suppliers or residents.
Accommodation for off-street parking of a motor vehicle having
an area, exclusive of access drives or aisles, as specified in this
chapter.
See MLUL.
A stream that flows continuously throughout the year in most
years.
[Added 12-19-2002 by Ord.
No. 24-2002]
See MLUL.
A set of criteria or limitations applicable to the activities
and characteristics associated with a particular use.
A permanent lease-based housing unit that provides access
to supportive services for individuals with special needs and households
with individuals with special needs who can benefit from housing with
services.
A building wherein persons regularly assemble for religious
worship, which is used for such purposes and those necessary activities
as are customarily associated therewith, and for which the use qualifies
for tax exemption as a nonprofit religious institution.
See MLUL.
Any portable and/or temporary structure which includes such
removable and/or portable framed (poled) structures consisting of
a canvas, or other similar fabric covering, which forms the roof.
Temporary structures shall be deemed to include commercial storage
containers, such as "PODS" and any similar structure or container.
For purposes of regulating use, personal recreational uses, including
canopies, screen rooms, and similar uses, shall be excluded.
[Added 5-15-2008 by Ord.
No. 12-2008]
See MLUL.
See MLUL.
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Borough Clerk for Planning Board
consideration and tentative approval, and meeting the requirements
of this chapter.
The primary or predominant use of the premises.
A structure arranged, adapted or designed for the predominant
or primary use for which a lot may be used.
See "garage, private."
See "swimming pool, private."[7]
Any building used exclusively for public purposes by any
department or branch of government, including post offices; and police,
rescue, and fire stations.
[Added 10-5-2023 by Ord. No. 14-2023]
A closely regulated enterprise with a franchise for providing
to the public a utility service deemed necessary for the public health,
safety, and welfare. Wireless telecommunications antennas and facilities
are not included in this definition.
[Added 10-5-2023 by Ord. No. 14-2023]
See MLUL.
An establishment engaged in industrial or scientific research
and product design. The facility may also include administrative services
related to product design or sales.
[Added 10-5-2023 by Ord. No. 14-2023]
See MLUL.[8]
An establishment where food and drink, which may include
alcohol, are prepared, served (with or without wait staff), and consumed
primarily within the principal building as part of an operation, which
may be designed with carry-out service; delivery service; self-service;
or on-premises consumption, except that no drive-in, drive-through,
or service in vehicles is permitted. A restaurant may include indoor
and outdoor dining areas where permitted.
[Added 8-18-2022 by Ord. No. 9-2022]
An establishment where the majority of the patrons purchase
food, soft drinks, ice cream, and similar confections for takeout
or consumption on the premises but outside the confines of the principal
building, or in automobiles parked upon the premises, regardless of
whether or not, in addition thereto, seats or other accommodations
are provided for the patrons.
[Amended 8-18-2022 by Ord. No. 9-2022]
An establishment where some or all of the food and/or drink
sold is served from a window to customers within vehicles and/or over
the counter for consumption off the premises and/or for consumption
on-premises. A drive-through restaurant may include indoor and outdoor
dining areas.
[Added 8-18-2022 by Ord. No. 9-2022]
See MLUL.
Any fixed facility in which food or drink, including alcoholic
drink, is sold primarily for off-premises preparation and consumption,
but allows on-site consumption. Food establishments include specialty
stores, boutique markets, bakeries, delicatessens, and similar types
of uses. Retail food establishments do not include supermarkets as
defined herein. A retail food establishment may include indoor and
outdoor dining areas.
[Added 8-18-2022 by Ord. No. 9-2022]
The growing, cultivation, storage, and sale of garden plants,
flowers, trees, shrubs, and fertilizers, as well as the sale of garden
tools and similar accessory and ancillary products, to the general
public. Also known as "garden centers."
[Added 10-5-2023 by Ord. No. 14-2023]
Retail space that is temporarily utilized for short-term
sales, ranging from one day to several weeks, but in no instance shall
the retail space be occupied for more than 120 consecutive days.
[Added 10-5-2023 by Ord. No. 14-2023]
Establishments providing services, as opposed to products
to the general public for personal and/or household use. Personal
services usually include the following: laundry, including cleaning
and pressing service; beauty salons; barbershops; shoe repair; clothing
rental; and personal shipping and delivery services.
[Added 6-12-2003 by Ord.
No. 8-2003; amended 10-5-2023 by Ord. No. 14-2023]
Establishments engaging in selling goods or merchandise to
the general public for personal and/or household consumption, and
rendering services incidental to the sale of such goods.
[Added 6-12-2003 by Ord.
No. 8-2003]
A dish-, cone- or spherical-shaped antenna designed to receive
microwave signals from earth-orbiting communications satellites for
purposes of radio listening and television viewing.
See MLUL.
A building or group of buildings in single ownership containing
separate spaces or compartments for dead storage of goods, wares and
equipment and leased or rented on an individual basis.
Establishment consisting of either or both of the following:
[Added 6-12-2003 by Ord.
No. 8-2003]
A retail and/or retail service which as one of its principal
business purposes offers for sale, rental or display any of the following:
Books, magazines, periodicals or other printed material or photographs,
films, motion pictures, video cassettes, slides or other visual representations
which depict or describe a "specified sexual activity" or "specified
anatomical area"; or
Still or motion-picture machines, projectors or other image-producing
devices which show images to one person per machine at any one time
and where the images so displayed are characterized by the depiction
of a "specified sexual activity" or "specified anatomical area"; or
Instruments, devices, or paraphernalia which are designed for
use in connection with a "specified sexual activity"; or
A retail store and/or retail service which regularly features
live performances characterized by the exposure of a "specified anatomical
area" or by a "specified sexual activity", or which regularly shows
films, motion pictures, video cassettes, slides or other photographic
representations which depict or describe a "specified sexual activity"
or "specified anatomical area."
An emergency shelter or safe house which must be licensed
by the DCA. Shelters shall be governed under the Bureau of Rooming
and Board House Standards: Rules Governing Shelters for the Homeless
(N.J.S.A. 55:13C-1 et seq.). The Act notes an ever present need for
the emergency shelter for victims of fire, natural disasters, domestic
violence and other causes of homelessness. For purpose of the Act,
an "emergency shelter for the homeless" shall mean a building or structure
in which a public entity or a private, nonprofit organization provides
shelter, or food and shelter, for a limited period of time to individuals
and families having neither a home nor the means to obtain a home
or other temporary lodging.
Any announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interests of any person,
service or product, when the same is placed, erected, attached, painted
or printed where it may be viewed from the outside of any building
on the premises where placed; provided, however, that for purposes
of the regulations of this chapter, a sign located inside a building
and at least six feet from any window or door from which it may be
viewed shall not be considered a sign.
The letters, numbers, symbols or other graphic representation
of a sign used to identify or advertise a premises, occupant, activity,
product, service, or to direct traffic, when such letters, numbers,
symbols or other graphic representation are distinguished from the
sign structure.
The physical structure of a sign used for purposes of support,
ornamentation, background, illumination, ventilation, or other purposes,
when such structure is distinguishable from the sign message. When
not distinguishable, the sign structure shall be deemed to include
the sign message.
The product of the largest horizontal width and the largest
vertical height of the lettering, illustration, logo, display or background.
If the lettering, illustration, display or background is attached
directly to the face of a building, or to a flat surface which is
an integral part of the building facade, the height and width of the
sign shall be the height of the largest letter and the total width
of the length of all lettering. As to freestanding and monument signs,
the area shall not include sign support structures, piers or other
architectural details, and shall be calculated by the height and width
of the area containing lettering, illustration, logos, display or
background associated with the sign legends.
[Amended 8-18-2022 by Ord. No. 9-2022]
Any sign which spreads light over the sign surface from a
source located within the sign and behind a translucent sign surface
and wherein the direct source of light is not visible.
A sign that is mounted on a freestanding pole(s), uprights,
braces, or other means and not attached to any other structure.
[Amended 8-18-2022 by Ord. No. 9-2022]
A sign lighted by or exposed to artificial lighting either
from within the sign or directed toward the sign.
Any sign which reflects light from a source intentionally
directed upon it, for example, by means of floodlights, gooseneck
reflectors or externally mounted fluorescent light fixtures.
A sign in which the entire bottom is in contact with or is
close to the ground.
[Added 8-18-2022 by Ord. No. 9-2022]
A freestanding or monument sign oriented to the drive-through
lane for a restaurant that advertises the menu items available from
the drive-through window. An ordering menu board sign has an intercom
or other communication system by which the customer makes an order.
[Added 8-18-2022 by Ord. No. 9-2022]
A freestanding or monument sign oriented to the drive-through
lane for a restaurant that advertises the menu items available from
the drive-through window. A preordering menu board sign does not have
an intercom or other communication system by which the customer makes
an order.
[Added 8-18-2022 by Ord. No. 9-2022]
A sign which is affixed parallel to or painted on an exterior
wall of any building.
A sign painted on or attached to the inside surface of a
window or suspended behind a window and intended to be viewed from
outside the window.
Ownership of a separate parcel or tract of real property
not contiguous to land in the same ownership, or if contiguous to
land in the same ownership, is legally separated therefrom.
One or more rooms designed for occupancy by one family plus
not more than two roomers or boarders where permitted.
See MLUL.
Less than completely and opaquely covered human genitals,
pubic region, buttock, or female breasts below a point immediately
above the top of the areola, or human male genitals in a discernibly
turgid state, even if covered.
[Added 6-12-2003 by Ord.
No. 8-2003]
The fondling or other erotic touching of covered or uncovered
human genitals, pubic region, buttock, or female breast; or any actual
or simulated act of human masturbation, sexual intercourse or deviate
sexual activity.
[Added 6-12-2003 by Ord.
No. 8-2003]
Personal care establishment which provides for the on-site
usage of individual and/or communal steam baths, saunas, water massage,
hot tub and/or spas.[9]
[Added 6-12-2003 by Ord.
No. 8-2003]
That portion of a building included between the surface of
any floor above the average elevation of ground at the foundation
wall and the surface of the next floor above it, or if there is no
floor above it, then the space between the floor and the ceiling next
above it.
A space under a sloping roof which has the line of intersection
of the roof and the wall face not more than three feet above the floor
level, and which space the possible floor area with head room of five
feet or less occupies at least 40% of the total floor area of the
story directly beneath.
A natural watercourse containing flowing water at least part
of the year.
[Added 12-19-2002 by Ord.
No. 24-2002]
See MLUL.
See MLUL.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
See MLUL.
A retail establishment selling a wide variety of fresh, frozen,
packaged, prepared food products, alcohol, as well as other convenience
and household goods. A supermarket shall have a minimum of 10,000
square feet of gross floor area and may have a food court for on-site
consumption indoors and/or outdoor dining areas.
[Added 8-18-2022 by Ord. No. 9-2022]
A structure or structures in which individuals or households
reside, as delineated in N.J.A.C. 5:97-6.10;[10] previously referred to as "alternative living arrangements."
Permanent lease-based supportive housing that provides access
to supportive services to individuals with special needs who maintain
separate leases for bedrooms and share common living space.
Water at or above the land's surface which is neither groundwater
nor contained within the unsaturated zone, including, but not limited
to, all springs, streams, rivers, lakes, ponds, wetlands, and artificial
waterbodies.
[Added 12-19-2002 by Ord.
No. 24-2002]
See "marsh."
[Added 6-12-2003 by Ord.
No. 8-2003]
Any artificial constructed basin or other structure for the
holding of water for use by the possessor, his family or guests, for
swimming, diving and other aquatic sports and recreation. The term
"swimming pool" does not include any temporarily erected plastic,
canvas or rubber pool holding less than 500 gallons of water.
Any establishment, shop or operation wherein a tattoo, or
body piercing is affixed permanently, and/or temporarily upon, or
removed from, the surface of a human body.
[Added 6-12-2003 by Ord.
No. 8-2003]
See "bar, tavern."
The deposit filed with the Borough Treasurer/Financial Administrator
to cover the costs incurred for technical review of development applications
by the engineers, planners, attorneys and any other professionals
or experts employed by the Borough on a consultant basis whose services
are deemed necessary to report upon the application.
A structure containing two or more townhouse dwelling units
which in combination with other such structures are situated in a
properly landscaped setting providing necessary vehicular and pedestrian
circulation, off-street parking, recreational facilities and other
service amenities.
One of a series of single-family dwelling units attached
by a common partition between it and an adjacent unit or units either
vertically or laterally together with an individual entrance, terrace
or balcony not shared by any adjoining unit designed as an integral
part of each unit and having been constructed in conformity with an
approved development plan.
An unmotorized wheeled vehicle towed or hauled by another
vehicle, and used for human occupation, carrying of materials, goods,
or objects, or as a temporary office.
[Added 6-12-2003 by Ord.
No. 8-2003]
See MLUL.
Housing with on-site or off-site supportive services that
facilitate the movement of individuals and families, who are homeless
or lack stable housing to permanent housing, within a fixed amount
of time, generally up to 24 months.
An enclosed mobile vehicle designed and constructed so as
to permit occupancy for dwelling or sleeping purposes on a temporary
basis and to be moved about on wheels. For the purpose of this chapter,
this definition shall be construed to include vehicles having a self-contained
means of locomotion and collapsible camping trailers.
A commercially registered vehicle designed for the carrying
of materials, goods, object or the hauling of trailers.
[Added 6-12-2003 by Ord.
No. 8-2003]
A health care facility outside of a hospital emergency department,
which provides diagnosis and treatment for a wide variety of non-life-threatening
illnesses and injuries on an episodic, walk-in basis with no appointment
needed. The facility may offer health care services such as vaccine
administration, lab testing, IV therapy, X-rays, and physicals. Persons
visiting the facility receive services and depart from the facility
on the same day.
[Added 11-11-2021 by Ord. No. 14-2021]
See MLUL.
A for-profit school providing instruction to students of
special skills, knowledge, or techniques that are generally related
to furthering a specific vocation or professional occupation. Private
vocational schools may offer instruction in computers, business and
accounting, cosmetology, and language, or other similar activity or
pursuit.
[Added 10-5-2023 by Ord. No. 14-2023]
A vertical structure erected as a barrier, enclosure or screening
or for the purpose of retaining earth and continuously attached to
or supported by the ground.
A building in which goods, supplies, equipment, materials
and merchandise are stored, where no physical change in such articles
takes place and where such articles are not otherwise used on the
premises, such as in storage areas when part of a retail establishment
or manufacturing plant. Office space accessory to the principal warehouse
use is permitted. "Warehouse" use does not include "self-storage facility."
[Amended 10-5-2023 by Ord. No. 14-2023]
A natural or artificial river, stream, brook, ditch, channel,
conduit, gully, drain, culvert, ravine, wash or other waterway in
which a definite direction or course, either continuously or intermittently,
within a definite channel, and including any area adjacent thereto
subject to inundation by reason of overflow of floodwater.
[Added 12-19-2002 by Ord.
No. 24-2002]
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation"; as designated by the Department
of Environmental Protection and Energy pursuant to the New Jersey
Freshwater Wetlands Protection Act, N.J.S.A. 13:9A-1 et seq.
A business establishment for the sale and distribution of
merchandise to retailers or jobbers rather than to consumers.
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users; and other
wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies.
[Added 10-5-2023 by Ord. No. 14-2023]
A winery operating with an instructional winemaking facility
license as defined and regulated within N.J.S.A. 33:1-10.
[Added 10-5-2023 by Ord. No. 14-2023]
An antenna(s) and associated equipment that is intended for
commercial transmission or reception of personal wireless telephone
services communications, and including commercial mobile services
communications, unlicensed wireless services communications, and common
carrier wireless exchange access services, and also including any
accessory structures and equipment necessary for such transmission
or reception. A "freestanding wireless telecommunications antenna"
is such an antenna supported by a tower, mast, pole or similar structure
designed primarily for supporting and raising the vertical elevation
of such antenna.
[Added 10-21-2004 by Ord.
No. 18-2004]
An open space which lies between any building and the nearest
lot line.
[Amended 12-19-2019 by Ord. No. 12-2019]
FRONT YARDAn open unoccupied space extending across the full width of the lot and lying between the front street property line and the nearest point of any part of any building on the lot. Any lot abutting a street which is less than 50 feet in width shall be construed as having a front street property line or side street property line located 25 feet from the center line of said street. Notwithstanding the foregoing, any lot abutting a street shown as greater than 50 feet on the Master Plan or Official Map shall provide a front yard or side street setback measured from the right-of-way required therein.
SIDE YARDAn open unoccupied space on the same lot with the principal building lying between each side lot line and the nearest point of any part of any building to each side lot line, excluding front and rear yards.
REAR YARDAn open unoccupied space extending across the full width of the lot between the rear lot line and the nearest point of any part of any building to the rear lot line located on the same lot. On corner lots, the rear yard shall be opposite the shorter of the two front street property lines.
A qualified person appointed by Borough Council to administer
and to enforce the zoning regulations of this chapter.
[1]
Editor's Note: The former definition of "adult care center,"
which immediately followed this definition, was repealed 9-6-2018 by Ord. No. 17-2018.
[2]
Editor's Note: The former definition of "age-restricted dwelling
units," which immediately followed this definition, was repealed 10-7-2010 by Ord. No. 12-2010.
[3]
Editor's Note: See N.J.S.A. 30:5B-1 et seq.
[4]
Editor's Note: The former definitions of "data center" and
"data processing," which immediately followed this definition, were
repealed 10-5-2023 by Ord. No. 14-2023.
[5]
Editor's Note: The former definition of "drive-in restaurant,"
which immediately followed this definition, was repealed 8-18-2022 by Ord. No. 9-2022.
[6]
Editor's Note: The former definition of "garage, public,"
which immediately followed this definition, was repealed 10-5-2023 by Ord. No. 14-2023.
[7]
Editor's Note: The former definition of "public garage," which
immediately followed this definition, was repealed 10-5-2023 by Ord. No. 14-2023.
[8]
Editor's Note: The former definition of "restaurant, café,"
which immediately followed this definition, was repealed 8-18-2022 by Ord. No. 9-2022.
[9]
Editor's Note: The former definition of "store, retail," which
immediately followed this definition, was repealed 10-5-2023 by Ord. No. 14-2023.
[10]
Editor's Note: N.J.A.C. Title 5, Ch. 97, was repealed in 2014.
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"; and the word "building" includes the
word "structure." The term "such as," where used herein, shall be
considered as introducing a typical or illustrative, rather than an
entirely exclusive or inclusive, designation of permitted or prohibited
uses, activities, establishments or structures. The words "zone" and
"district" are synonymous.
