Township of Woodbridge, NJ Article I General Provisions

§ 150-1 Title.

This chapter shall be known and may be cited as the "Land Use and Development Ordinance of the Township of Woodbridge."

§ 150-2 Purpose.

The purpose of this chapter shall be to provide rules, regulations and minimum standards to guide procedures for land development, establish zoning standards, provide for site plan review and to set standards for land subdivision in the Township of Woodbridge, County of Middlesex, in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth and development, conservation, protection and proper use of land, with adequate provisions for circulation, utilities, services, light and air.

§ 150-3 Effect on Existing Provisions; Prevalence of Greater Restrictions.

A. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this chapter.

B. Where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or lot coverage or requires greater lot area or larger yards or other open spaces than are imposed or required by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall prevail.

§ 150-4 Definitions.

A. For the purpose of this chapter, unless otherwise expressly stated, the following terms are to be used and interpreted as defined below. The term shall indicate a mandatory requirement, and the term may indicate a permissive action. Terms used in the present tense include the future tense. Terms in the singular number include the plural number and vice versa; except where the natural construction of the writing indicates otherwise.

B. All terms, phrases and/or terms defined in the following documents, as amended, are adopted and included by reference in this chapter unless specifically defined otherwise in this article:

(1) The Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

(2) The Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.).

(3) The Substantive Rules of the N.J. Council on Affordable Housing (N.J.A.C. 5:95-1 et seq.).

(4) The Procedural Rules of the N.J. Council on Affordable Housing (N.J.A.C. 5:95-1 et seq.).

C. Unless otherwise expressly stated, the following words and phrases are defined as follows:

ABANDONMENT

The relinquishment of property, or a cessation of the use of property, without the intention to resume by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.

ABUT

To physically touch, border on, adjoin or be directly across from; or be separated from such a common border by a right-of-way, alley, or easement.

ACCESSORY STRUCTURE

See Building, Accessory.

ADMINISTRATIVE OFFICER

For the purposes of this chapter, the administrative officer shall be the Director of the Department of Planning and Development or his designee.

ADULT BOOKSTORE

An establishment having more than 25 percent of its stock-in-trade, floor area, or display area used for the sale or rental of books, magazines, publications, tapes, or films that are distinguished or characterized by the emphasis on sexually oriented material depicting, describing, or relating to sexual activities or anatomical genital areas.

AFFORDABLE

To be within financial means of low- or moderate-income households as provided for by N.J.A.C. 5:94-7.

ALTERATION

Any change or rearrangement in the structural parts or in the existing facilities which alter the use of the building or an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another. The addition or expansion of dormers is to be considered an alteration. Alteration shall also mean to significantly change the appearance of exterior elements of a structure, or to change the materials used.

AMUSEMENT CENTER

A business establishment utilized, wholly or in part, for the accommodation of six or more coin-operated amusement devices, except that this definition shall not include sexually oriented businesses.

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain within an area of the Township subject to a one percent or greater chance of flooding in any given year.

ASSEMBLY USE

Any use classified as A3 in accordance with the 2006 International Building Code, New Jersey Edition, Section 303, Assembly Group A, defined as follows:

Assembly uses intended for worship, recreation or amusement and other assembly uses not classified elsewhere in Group A, including, but not limited to:

Amusement rides, art galleries, auditoriums, bowling alleys, churches, community halls, courtrooms, dance halls, exhibition halls, funeral parlors, gymnasium, indoor swimming pools, indoor tennis courts, lecture halls, libraries, museums, passenger stations (waiting area), pool and billiard parlors.

[Added 5-16-2008 by Ord. No. 08-41; 6-13-2008 by Ord. No. 08-60; added 6-13-2008 by Ord. No. 08-61]

ASSISTED LIVING RESIDENCE/FACILITY

A facility licensed by the NJ Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

ATTIC

That part of a building which is immediately below and, wholly or partly within the roof framing.

AUTOMOTIVE GASOLINE STATION

See Gasoline Station.

AUTOMOTIVE REPAIR GARAGE

Any establishment offering major motor vehicle repair services which require extensive or prolonged mechanical work including body or frame work, painting or the dismantling of engines or major components of the vehicle. These establishments may also provide the vehicle maintenance services performed by an automotive service station.

AUTOMOTIVE SALES

Any establishment selling, renting or leasing new or used automobiles, light trucks, vans, trailers, or recreational vehicles and where no repair or body work whatsoever is performed. Automotive sales uses shall be defined to exclude automotive repair garages and/or service station uses.

AUTOMOTIVE SALES AND SERVICES

Any establishment selling, renting or leasing new or used automobiles, light trucks, vans, trailers, or recreational vehicles and where repair or body work or vehicle washing facilities are incidental to the operation of the new or used vehicle sales.

AUTOMOTIVE SERVICE STATION

Any establishment offering minor motor vehicle maintenance services which do not require extensive or prolonged mechanical work. These services encompass oil changes, lubrication, minor tune-ups, installation of batteries, tires, wiper blades and similar equipment, wheel balancing and steering alignment and the replacement of minor mechanical parts.

BANK

A freestanding building, with or without a drive-up window, for the custody, loan, or exchange of money; for the extension of credit; and for facilitating the transmission of funds; main or branch offices of a State or Federally chartered banking institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities.

BANK, DRIVE-THROUGH

Buildings, or portion thereof, which encourages or permits customers to conduct personal financial transactions while remaining in their motor vehicles.

BANQUET HALL

A licensed business establishment wherein dining and other facilities are rented on an event-by-event basis to private individuals or organizations for the purpose of conducting banquets, wedding or similar religious receptions, corporate events or similar private events where food services, which may or may not include alcoholic beverages, are provided on site by the facility operator to the guests of the individual or institutional customer. Banquet halls do not include sexually oriented businesses, taverns or restaurants and shall not include facilities temporarily leased to and operated as nightclubs, dance clubs or similar facilities which are open to the public, or are semi-public, with or without an entrance fee, for the purpose of dancing to, watching or listening to musical entertainment.

BASE FLOOD

The flood having a one percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE)

The calculated elevation (feet above sea level) floodwater is expected to rise during the base flood, as set forth by FEMA.

[Added 9-6-2016 by Ord. No. 2016-52]

BASEMENT

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

BILLBOARD SIGN

See Sign, Billboard.

BOARDING HOUSE

Any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement. (N.J.S.A. 55:13B-3)

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Any walls below the lowest floor in a building in a V Zone should give way under wind and water loads without causing collapse, displacement, or other damage to the elevated portion of the building or the supporting pilings or columns.

[Amended 9-6-2016 by Ord. No. 2016-52]

BUFFER

An open, unoccupied area of land in which no building, parking area or other improvement is located, consisting of trees, shrubs, solid fencing, earth berms, or a combination of all, so installed as to provide both a visual and an acoustical barrier between properties and to create an aesthetically pleasing and attractive view to mask or obscure the use, function or structure located upon the site.

BUILDING

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

BUILDING, ACCESSORY

A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.

BUILDING COVERAGE

The land covered by a building, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot.

BUILDING HEIGHT

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the average height between the eaves and the ridge level for gable, hip, and gambrel roofs. Chimneys, spires, water towers, elevator penthouses, tanks and similar projections, other than signs, shall not be included in calculating building height.

BUILDING, PRINCIPAL

See Principal Building.

BULKHEAD

A retaining wall behind which fill is placed, created along a body of water, constructed to separate land and water and establish a permanent shoreline.

BUSINESS OFFICE

See Professional Office.

CABLE TELEVISION COMPANY

A cable television company as defined pursuant to N.J.S.A. 48:5A-3.

CAR WASH

A commercial building or structure, or portion thereof, where vehicles are washed or cleaned with a combination of mechanical devices, automatic or semiautomatic application of cleaner, brushes, rinse water, wax and heat for drying. Car washes may also contain vacuum machines used to clean the interior of vehicles.

CARTWAY

The road surface area from curbline to curbline, which may include travel lanes, parking lanes, turn lanes, etc. When no curbs are present, the cartway is the portion between the edges of the paved or hard surface.

[Added 9-6-2016 by Ord. No. 2016-52]

CELLAR

A space with less than one-half of its floor-to-ceiling height above the average finished grade of the adjoining ground with a floor-to-ceiling height of less than 6.5 feet.

CHECK CASHING ESTABLISHMENT

An office or other establishment used for the operation of a check cashing business licensed pursuant to C. 383 P.L. 1993. The term "check" shall include a check, draft, money order, negotiable order of withdrawal or any other similar type of negotiable instrument. Not included within this definition are automatic teller machines and main or branch offices of a State or Federally chartered banking institution.

CHILD CARE CENTER

A private establishment enrolling six or more children and where tuition, fees, or other forms of compensation for the care of children is charged for providing for the care, supervision, and protection of children, whether or not licensed or approved to operate as a child care center by the N.J. Division of Youth and Family Services.

CLUB/FRATERNAL

A nonprofit corporation, organization or association of persons who are members thereof which owns or leases a building, or part thereof, for the use of members or guests. Said clubs or lodges shall have been principally established for the promotion of a common objective and shall be distinctly not considered as a semi-public use under the provisions of this chapter. Rental of any portion of the property to non-members shall require approval from the municipality. Food, meals and alcoholic beverages may be served as an incidental function of this use, provided that adequate facilities are present, and further that all Federal, State and municipal laws are complied with.

COAH

The New Jersey Council on Affordable Housing.

COMMON OPEN SPACE

An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED

See definition in MLUL adopted herewith by definition.

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE

See definition in MLUL adopted herewith by definition.

COMPLETE APPLICATION

An application for completion as specified by this Ordinance and all accompanying documents required by Ordinance for approval of the application for development. An application shall be certified as complete by the Administrative Officer upon meeting all requirements specified in the Ordinance and in the rules and regulations of the reviewing board, and shall be deemed complete as of the day it is so certified for the purpose of commencement of the time period for action by the appropriate board.

CONCEPT PLAN

A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification, and prepared for informal review to alert applicants to problems and requirements before the submission of a formal development application.

CONDITIONAL USE

A use permitted in a particular zoning district only upon showing that such a use in a specified location will comply with the conditions and standards of the location of operation of such use as contained in this chapter and upon the approval of the appropriate Board.

CONDOMINIUM

Ownership of real property, combining ownership in fee simple of a dwelling unit and undivided ownership in common with other purchasers of the common elements in the structure and including the land and its appurtenances, formed under the Condominium Act.

CONGREGATE CARE FACILITY/LIVING ARRANGEMENT

Residential housing that consists of private dwelling units with an individual bathroom and an optional individual food preparation area, in addition to central dining facilities, and within which congregate housing supportive services such as meals, housekeeping, laundering, and personal care are provided.

CONSTRUCTION

Any act or progress that requires a building permit and that adds an addition onto an existing building or erects a new principal or accessory structure on a lot which is subject to the design standards for the district in which the property is located, and including the construction, erection, reconstruction, alteration, conversion, demolition, removal, repair or equipping of buildings or structures.

CONVENIENCE STORE

A retail establishment generally up to 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy, and beverages and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption, and which does not include automotive service stations.

CORNER LOT

See Lot, Corner.

COUNTY PLANNING BOARD

The County Planning Board, as defined in Section 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1), of the County in which the land or development is located.

COURTYARD

An open unoccupied space bounded on at least two opposing sides by a building wall, but not a front, side or rear yard. "Courtyard" shall apply to multifamily or high-rise buildings only.

CURB LEVEL

The grade of the curb in front of the midpoint of the lot as established by the Municipal Engineer.

DANCE CLUB/NIGHTCLUB

Any room, place of business, except a sexually oriented business, or building wherein people assemble for the purpose of dancing to music emanating from either a live band or an entertainment group or a preinstalled audiophonic recording system which dispenses musical renderings over a series of loudspeakers controlled by a disc jockey or other person. Admission can be had either with or without payment of a cover fee, whether such admission can be obtained through the presentation, use or acceptance of a membership card or other contrivance, and whether or not said membership card or other contrivance, is or may be available to the public generally by purchase or gratuitous act. This definition shall include all dance halls, discos and discotheques.

DANCE HALL/DISCOTHEQUE

Any room, place of business or building wherein people assemble for the main purpose of dancing to music emanating from either live band or entertainment group or a pre-installed audio phonic recording system which dispenses musical renderings over a series of loud speakers controlled by a disc jockey or other person in charge. Admission can be had either with or without payment of a cover fee, and whether such admission can be obtained through the presentation, use or acceptance of a membership card or other contrivance, whether or not said membership card or other contrivance is or may be available to the public generally by purchase or gratuitous act.

DAY CARE CENTER

Any facility operated for the purpose of providing care, protection and guidance to seven or more individuals during only part of a 24-hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to adults for a full 24-hour period.

DAY CARE CENTER/ADULT

Any facility operated for the purpose of providing care, protection and guidance to 10 or more adult individuals during only part of a 24-hour day.

DENSITY

The permitted number of dwelling units per gross area of land to be developed.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or for any mining, excavation or landfill, or any use or change in the use of any building or other structure or land or extension of use of land, including alteration to a site, for which permission is required pursuant to this chapter.

DEVELOPMENTALLY DISABLED PERSON

See definition in MLUL, adopted herewith by definition.

DORMITORY

A building used as group living quarters for a student body or religious order as an accessory use to a college, university, boarding school, convent, monastery.

DRIVE-THROUGH USE OR ESTABLISHMENT

An establishment that by design, physical features, service or packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their vehicles.

DRIVEWAY

A private paved or unpaved space providing vehicular access to the property or parking spaces and which is accessory to the use served.

DWELLING

Any building, or portion of a building containing one or more dwelling units which is designed to be and is substantially separate from any other dwelling walls, whether attached or semi-attached, or from isolation or detachment of structures, all as defined herein.

DWELLING UNIT

A building or portion of any building designed, arranged or used for permanent living quarters for one or more persons living as a single housekeeping unit with cooking and bathroom facilities but not including hotels or other buildings for transient quarters.

DWELLING UNIT DENSITY

See Density.

DWELLING, ATTACHED

A dwelling having two or more party walls in common with another dwelling but which otherwise is designed to be and is substantially separate from any other structures, except accessory structures.

DWELLING, DETACHED

A dwelling having no walls in common with another dwelling and which is designed to be and is substantially separate from any other structure or structures, except accessory structures.

DWELLING, EFFICIENCY

A dwelling unit consisting of a single room or common space, inclusive of bathroom and kitchen facilities.

DWELLING, MULTIFAMILY

A building which is used or designed as a residence for three or more families or households living independent of each other except that rooming houses, boarding houses, hostels, lodging houses, hotels, motels, and dormitories are specifically excluded by this definition as multi-family structures.

DWELLING, SEMIDETACHED

A dwelling having a party wall in common with another dwelling but which otherwise is designed to be and is substantially separate from any other structure or structures, except accessory buildings.

DWELLING, SINGLE-FAMILY

A detached residential building containing one dwelling unit only and not occupied or designed for occupancy by more than one family or household unit and having separate rooms for living, sleeping, cooking, and sanitary facilities, entirely surrounded by open space on the same lot. The dwelling may have more than one kitchen.

DWELLING, TOWNHOUSE

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

DWELLING, TWO-FAMILY

A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

ENVIRONMENTALLY SENSITIVE AREA

Areas which include, but are not limited to stream corridors and floodplains, streams, bodies of water, wetlands (as defined by NJDEP), slopes greater than 10 percent, shallow depth to bedrock (less than two feet), high acid or erodible soils (as defined by the SCS), mature stands of trees, aquifer recharge area, aquifer discharge areas, unique natural features and wildlife habitats or such areas as my be so designated by Federal, State or County agencies of jurisdiction.

ERECT

To build, construct, attach, alter, relocate or affix and includes the painting of signs or displays on the exterior surface of a building. Excavations, fill, drainage and the like shall be considered a part of erection.

EXTENDED CARE FACILITY

A long-term facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.

FACADE

The total wall surface, including door and window areas of a building's face extending from grade to top of the parapet, wall, or eaves and the entire width of the building. Each wall surface shall be considered a separate façade.

FAMILY

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

[Added 7-7-2009 by Ord. No. 09-49]

FAMILY DAY CARE HOME

See definition in MLUL, adopted herewith by definition.

FAST FOOD

See Restaurant.

FENCE

An artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials.

FINAL APPROVAL

The official action of the municipal agency taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the Township.

FLOOD INSURANCE STUDY (FIS)

The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; and/or (2) the unusual and rapid accumulation of runoff of surface waters from any source.

FLOOD VENTS

A vented swinging "door" located within the foundation wall. The swinging door stays closed during normal conditions and rotates open during a flood event.

[Added 9-6-2016 by Ord. No. 2016-52]

FLOODPLAIN

Flat land area adjacent to a water body subject to periodic inundation by the water body.

[Added 9-6-2016 by Ord. No. 2016-52]

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in to discharge the base flood without cumulatively increasing the water surface elevation by more than 0.2 foot.

FLOOR AREA RATIO

See definition in MLUL, adopted herewith by definition.

FLOOR AREA, GROSS

The floor area within the perimeter of the outside walls of the building or structure under consideration, including areas used for human occupancy in basements and attics, without deduction for hallways, stairs, closets, thickness of walls, columns or other features, but excluding rooftop penthouses containing mechanical equipment. It does not include cellars, unenclosed porches, or attics not used for human occupancy.

FOOD COURT

An area in which a variety of prepared meals, beverages and desserts are available from one or more establishments for purchase and for consumption within a common seating area on the premises. A food court is accessory to shopping malls, major office and retail complexes, resort and entertainment centers, gambling casinos and the like.

FRATERNAL ORGANIZATION

A group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings, rituals, and formal written membership requirements.

FRONTAGE

The side of a lot abutting the street. For corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.

FRONT LOT LINE

The line separating the lot from a street and/or street right-of-way. (Special definitions may apply if there is no access to a public street.)

GARAGE, PRIVATE

An accessory building or part of a principal building used only for the storage of motor vehicles as an accessory use. In a residential zone, a garage is intended for and used for storing privately owned motor vehicles, boats and trailers and personal belongings of the family or families resident in the principal residential use on the lot.

GARAGE, PUBLIC PARKING

Any building which is used for commercial purposes and is used only for the storage of motor vehicles and is available to the general public.

GASOLINE STATION

Any establishment, including any area of land or structures thereon, offering motor vehicle refueling services.

GASOLINE STATION MINI-MART

A facility located on the same lot and as an accessory to a gasoline station, that also offers for sale prepackaged food items and tangible consumer goods, primarily for self-service by the consumer. Hot beverages, fountain-type beverages, and pastries may be included in the food items offered for sale, but food items that are prepared or individually proportioned on the premises shall be prohibited.

GENERAL TERMS AND CONDITIONS

The conditions under which preliminary approval is granted, including zoning plat details, improvements, off-site improvements and design standards.

GO-GO BAR

Any building or place of business which offers alcoholic beverages, beer or wine for sale, and allows consumption of alcoholic beverages, beer or wine on the premises, and which also provides entertainment wherein a male or female dances while clad in a minimal amount of clothing, for the entertainment of patrons.

GRADE, FINISHED

See definition in MLUL, adopted herewith by definition.

HOME OCCUPATION

Any use conducted entirely within a dwelling and carried on by the occupants thereof, which does not generate additional people, vehicle parking or increased garbage generation, which use is clearly incidental and secondary to the use of the dwelling and in connection with which there are no displays or commodities sold upon the premises, and which does not alter the exterior of the property. Beauty shops, barbershops and similar services shall not be included in this definition.

HOMEOWNERS ASSOCIATION

A community association other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.

HOSPITAL

An institution which maintains and operates organized facilities and services for the diagnosis, treatment or care of persons suffering from illness, injury or deformity and/or obstetrics and in which all diagnoses, treatment, surgery and care are performed under the direction of persons licensed to practice medicine or osteopathy in the State of New Jersey, and which conform to the revised standards for hospital facilities as adopted by the State of New Jersey.

HOTEL/MOTEL, EXTENDED-STAY

A limited-stay hotel containing furnished rooms with refrigerator, cook tops, microwave ovens, dishes, and washers and dryers on the premises rented out to be occupied by transient guests who have their residence elsewhere and do not use as a permanent address. The extended-stay facility is for transients staying five or more days, with an average of 7-10 days, and may contain a variety of room types, including studio and one- and two-bedroom suites.

HOTEL/MOTEL, FULL-SERVICE

A building containing furnished rooms with beds for overnight stays without kitchen facilities rented out to be occupied for sleeping purposes by transient guests who have their residence elsewhere and do not use for a permanent address. A general kitchen, dining room or meeting room may be provided within the building or as an accessory building. Customary hotel/motel services must be provided, such as but not limited to maid services, laundering of linen, telephone and secretarial or desk service and the use and upkeep of furniture. Full service hotels always contain restaurants and possibly a bar or lounge with entertainment, personal services, health club and retail stores.

HOTEL/MOTEL, LIMITED SERVICE

A building containing furnished rooms with beds for overnight stays without kitchen facilities rented out to be occupied for sleeping purposes by transient guests who have their residence elsewhere and do not use for a permanent address. A general kitchen, dining room or meeting room may be provided within the building or as an accessory building, Customary hotel/motel services must be provided, such as but not limited to maid services, laundering of linen, telephone and secretarial or desk service and the use and upkeep of furniture. A limited service hotel does not provide any restaurant or food service or recreational facilities.

IMPERVIOUS SURFACE COVERAGE

The area which is improved and overlain by structures and/or materials which results in the reduction and/or prevention of absorption of water into the ground. It includes surfaces such as conventionally surfaced streets, roofs, sidewalks, driveways, parking lots, and other similar structures.

INDUSTRIAL PARK

A planned, coordinated development of a tract of land developed according to a comprehensive plan to provide two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.

INTERIOR LOT

A lot bounded by a street on one side; any lot other than a corner lot.

JUICE BAR

Any building or place of business which does not offer alcoholic beverages, beer or wine for sale, and which also provides entertainment.

JUNK YARD

An area, lot, structure, or part thereof, used primarily for the collecting, storage, sale, buying, trading, or abandonment of any refuse and/or discarded materials, or the collecting, auctioning dismantling, demolition, salvaging, cannibalizing, abandonment or processing of structures, automobiles, or other vehicle equipment and machinery, or parts thereof, with the deposit of domestic, commercial, industrial or sanitary waste water or garbage excluded. For purpose of this chapter, the use of more than 400 square feet of the area of any lot for storage, keeping or abandonment of junk, scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles not in operating conditions or other vehicles or machinery or parts thereof, which is not accessory to a permitted use, shall be classified as a junk yard.

LABORATORY

A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

LANDSCAPED AREA

Areas containing trees, shrubs and ground covers, unpaved pedestrian and recreation areas, ponds, streams or any other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers or areas utilized for outside storage.

LANDSCAPING

Changing, rearranging, or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. It may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation. The term includes lawns, trees, plants, and other natural materials, such as rock and wood chips, and decorative features, including sculpture, patterned walks, fountains, and pools.

LOCAL UTILITY

Any sewerage authority created pursuant to the Sewerage Authorities Law (N.J.S.A. 40:14A-1 et seq.); and utilities authority created pursuant to the Municipal and County Utilities Authorities Law (N.J.S.A. 40:14B-1 et seq.); or any utility authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the New Jersey Revised Statutes that provides gas, electricity heat, power, water or sewer services.

LOT

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

LOT AREA

An area of land which is determined by the limits of the lot lines bounding the area and shall be expressed in terms of square feet. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

LOT COVERAGE CALCULATION/BUILDING

Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot.

LOT DEPTH

The shortest horizontal distance between the street line and the nearest part of the rear lot line. The greater frontage on a corner lot shall be its depth.

LOT FRONTAGE

The horizontal distance between side lot lines measured along the street line. The minimum "lot frontage" shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 60 percent of the required minimum lot width.

LOT LINE

The boundary line of a parcel of land as shown on a certified filed map or as defined by a filed map, or both. A lot line shall not be considered unless legally subdivided.

LOT LINE, FRONT

Any line sharing commonality and coexistent with a street right-of-way line. All lot lines coincident with street right-of-way lines shall be considered front lot lines.

LOT LINE, REAR

Any lot line, other than a street line, which is parallel to the front line or within 45 degrees of being parallel to the front lot line. A rear lot line shall also include any lot lines on an offset to a through lot which constitutes the rear lot line of an adjacent zoning lot. Lot lines for unusual lot configurations may be determined by the Director or Planning.

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT WIDTH

The straight and horizontal distance between side lot lines at setback points on each side lot line measured at equal distance back horizontal from the street line. The minimum lot width shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum lot width at the street line shall be not less than 60 percent of the required minimum lot width. The lesser frontage of a corner lot shall be its width.

LOT, CORNER

At the junction of and fronting on two or more intersecting streets when the interior angle of intersection does not exceed 135 degrees. All lot lines that front on a street shall be considered front lot lines. There shall be no side lot line on the side of a building fronting on a street. The lot line or lines generally parallel to the rear of the building shall be considered the rear lot line or lines. In the case of a building facing toward the interior angle, rather than solely on one street frontage of the other, there shall be no side lot lines, and any lot lines other than those considered front lot lines shall be considered to be rear lot lines. Corner lots shall provide the minimum front yard setback for the respective zone for all intersecting streets, with the exception of lots with a 50-foot frontage, where one of the front yard setbacks may be reduced to 15 feet. Residential corner lots on collector, major or arterial streets shall have driveway access only to the street of lesser traffic classification. The above standards shall apply in all zones except the B-1 Neighborhood Business Zone, where the standards of that zone shall prevail.

LOT, THROUGH

A lot running through from one street to another along two more or less parallel public streets or streets that do not intersect at the boundaries of the lot.

LOWEST FLOOR

The lowest floor of the lowest enclosed area in a structure, including the basement.

[Amended 9-6-2016 by Ord. No. 2016-52]

MAJOR SITE PLAN

A development plan of one or more lots which proposes new development on five acres of more; involves planned development or any new street or extension of any off-tract improvement which is to be prorated pursuant to Article II, § 150-14C(3)(d)[3] of this chapter.

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MANUFACTURED HOME or MOBILE HOME

See definition in MLUL, adopted herewith by definition.

MASSAGE PARLOR

An establishment or place of business primarily engaged in providing body massage by persons who are licensed by the State of New Jersey as physical therapists or other similar professions.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as set forth and adopted pursuant to Article III of the Municipal Land Use Law.

MAUSOLEUM

An external freestanding building constructed as a monument enclosing the interment space or burial chamber of a deceased person or persons.

MEDICAL AND DENTAL OFFICE

Any place used for the administering of medical or dental treatment free, or any place used as an inpatient or outpatient medical or dental treatment center wherein certain medical or dental conditions and disorders are treated primarily through surgical intervention that is commonly performed in normal, private medical or dental practice.

MENTALLY ILL PERSON

See definition in MLUL, adopted herewith by definition.

MINI-WAREHOUSE or SELF-SERVICE STORAGE FACILITY

A building or group of buildings that have controlled access and security within a compound containing various sizes of structures which are compartmentalized, and/or controlled access stalls, and/or locker areas for lease to or rent to individuals for storage of goods within a building or buildings.

MINOR SITE PLAN

A development plan of one or more lots which proposes new development less than five acres; does not involve planned development, or any new street or extension of any off-tract improvement which is to be prorated pursuant to this chapter; and contains the information reasonably required in order to make an informed determination as to whether the requirements of Article IV of this chapter have been met.

MINOR SUBDIVISION

A subdivision of land that does not involve the creation of more than four lots, a planned development, any new streets or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to Article II, Section 150-14C(3)(d)[3] of this chapter. The creation of four lots shall include the three new lots plus the lands remaining.

[Amended 5-18-10 by Ord. No. 10-31]

MITIGATE

To make less severe or intense; moderate or alleviate.

[Added 9-6-2016 by Ord. No. 2016-52]

MOBILE HOME

See Manufactured Home.

MOTEL

See Hotel/Motel.

MUNICIPAL AGENCY

Refers to either the Municipal Planning Board, Zoning Board of Adjustment, Redevelopment Agency or the governing body when acting pursuant to the Municipal Land Use Law, depending on which Board has the reviewing authority. The word "agency" shall mean municipal agency.

NATIONAL FLOOD INSURANCE PROGRAM (NFIP)

A Federal program that provides flood insurance to property owners by encouraging communities to adopt and enforce floodplain management regulations.

[Added 9-6-2016 by Ord. No. 2016-52]

NFIP'S COMMUNITY RATING SYSTEM (CRS)

A voluntary incentive program that encourages communities to exceed the minimum National Flood Insurance Program floodplain management requirements.

[Added 9-6-2016 by Ord. No. 2016-52]

NIGHTCLUB/DANCE CLUB

Any room, place of business, except a sexually oriented business, or building wherein people assemble for the purpose of dancing to music emanating from either a live band or an entertainment group or a preinstalled audiophonic recording system which dispenses musical renderings over a series of loudspeakers controlled by a disc jockey or other person. Admission can be had either with or without payment of a cover fee, whether such admission can be obtained through the presentation, use or acceptance of a membership card or other contrivance, and whether or not said membership card or other contrivance, is or may be available to the public generally by purchase or gratuitous act. This definition shall include all dance halls, discos and discotheques.

NURSING HOME

A facility licensed by the State for five or more convalescent or aged people, which may include kitchen facilities, recreation areas and similar uses necessary adjunct uses for patient care.

OFFICIAL MAP

A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.

OFF-SITE

Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street right-of-way.

OFF-TRACT

Not located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way.

ON-SITE

Located on the lot in question.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public recreation 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 designated to be incidental to the natural openness of the land.

ORDINARY MAINTENANCE

Shall be defined as the following and would be permitted without mitigation,

(1) Roof replacement with like materials;

(2) The painting of interior rooms or the exterior of the home;

(3) The repair or replacement of any part of a porch or stoop (when deemed necessary), that if ignored would directly result in the access point becoming unsafe;

(4) The replacement of kitchen cabinet(s) when damaged;

(5) The repair or replacement of any interior or exterior trim, decoration or moldings;

(6) The repair or replacement of any floor covering, with equally valued materials; (or "like for like materials")

(7) Replacement of domestic washing machines, dishwashers or stoves;

(8) Repairs or replacements of any exterior home siding with like for like materials;

(9) Installation, repair or replacement of any interior finish of less than 20% of the wall area, of a single wall, within a single room including plaster and drywall;

(10) The replacement of glass in any window or door;

(11) Emergency plumbing and electrical repairs and/or replacement of any system, so long as the replacement is with like for like materials and not considered an upgrade;

(12) Repairs or replacement of any structural building element in a de minimis area that if ignored would directly result in the building becoming unsafe;

(13) The repair or replacement of any driveway or walkway with like for like materials-no expansion will be permitted;

(14) Repair or replacement of the buildings H.V.A.C. systems without upgrade or expansion. Air conditioning units will not be installed where there was not one before; and

(15) Any repair or replacement not dissimilar to the ones listed above.

When completing "Ordinary Maintenance" it is the homeowner's responsibility to ensure they are abiding by all rules/sanctions, have obtained all necessary permits and are in conformance with all zoning ordinances.

[Added 3-7-2017 by Ord. No. 2017-32]

OWNER

Any person, agent, firm, corporation, or partnership that alone, jointly or severally with the others (1) has legal or equitable title to any premises, dwelling, or dwelling unit, with or without accompanying actual possession thereof; or (2) has charge, care or control or any premises, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee, or guardian of the estate of the beneficial owner. The person shown on the records of the Recorder of Deeds of the County to be the owner of a particular property shall be presumed to be the person in control of the property.

PARKING SPACE

An off-street space available for the parking of a motor vehicle, which shall be held to the area and dimension requirements specified in this chapter.

PERFORMANCE GUARANTY

Any security which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D53.5, and cash.

PERFORMANCE STANDARDS

(Standards of Performance) (1) Standards adopted by ordinance regulating noise levels, glare, earthborn or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic materials, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality. (2) Required by applicable Federal or State laws or municipal ordinances.

PERMITTED USE

A use by right which is specifically authorized in a particular zoning district, subject to the restrictions applicable to the zoning district and without the need for special administrative review.

PERSONAL SERVICES BUSINESS

An establishment or businesses which provides services of a personal nature, such as hair care, nail and skin care, tanning salons, and other similar types of services. The term "personal services business" specifically excludes tattoo parlors, massage parlors and check cashing establishments.

PHILANTHROPIC USE

Those active services or functions exclusively devoted to the active effort to promote human welfare, maintained or supported by act or gift or organized distribution of funds and are nonprofit.

PLACE OF WORSHIP

A structure owned and/or used by a religious organization for worship, religious training, or education. May include, in addition to the principal structure, accessory structures and/or dwelling units for religious for religious organization personnel located within an accessory structure that is use primarily for religious training or educational purposes. This definition includes the terms church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar beliefs.

PLANNED DEVELOPMENT

Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

PLOT

A map or maps of a subdivision or site plan.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to this chapter prior to final approval, after specific elements of a development application have been agreed upon by the municipal agency and the applicant.

PRELIMINARY PLAT

The preliminary map, with supporting documentation, indicating the proposed layout of the subdivision or site plan which is submitted to the municipal agency.

PRINCIPAL BUILDING

A building in which is conducted the primary use of the lot on which it is located.

PRINCIPAL USE

The main or primary use of land or structures as distinguished from a secondary or accessory use.

PROFESSIONAL OFFICE

The office of a member of a recognized profession maintained for the conduct of that profession.

PROJECTION

An extension of a building which protrudes or juts out from the vertical plane of the building not more than two feet.

PROPERTY LINE

A lot or parcel line that defines the limits of ownership for a piece of property; a line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.

PUBLIC BUILDING

Any building or structure or part thereof, owned, leased, or managed by any branch of government or any of its departments, divisions, bureaus, boards, councils, authorities or other agencies.

PUBLIC DRAINAGEWAY

See definition in M.L.U.L., adopted herein.

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to the municipality, municipal agency, Board of Education, State or County agency or other public body for recreational or conservational uses.

PUBLIC PARKS AND PLAYGROUNDS

A noncommercial, not-for-profit facility, designed to serve the recreation, either active or passive, needs of the residents of the community, and made available to the public. This definition may include public school and public institution ball fields, if they meet the above definition.

PUBLIC UTILITY

Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.

RECREATION, COMMERCIAL

Recreation facilities operated as a business and open to the general public for a fee.

RECREATION, PUBLIC

Recreation facilities operated as a nonprofit enterprise by the Township of Woodbridge, other governmental entity or any nonprofit organization and open to the general public.

RECREATIONAL VEHICLE

Any building, structure, or vehicle designed and/or used for living or sleeping and/or used for recreational purposes and equipped with wheels to facilitate movement from place to place, and automobiles when used for living or sleeping purposes and including pick-up coaches (campers), motorized homes, boats, travel trailers, and camping trailers not meeting the specifications required for a manufactured home or a mobile home.

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure; or the renovation of a previously deficient housing unit, which is occupied by a low- or moderate-income household, to meet municipal or other applicable housing code standards as further described in N.J.A.C. 5:94-4.2(b)3.

RESERVE STRIP

A privately owned strip of land of less than the lot depth required by the zoning ordinance and bounded on one side by a proposed street and on the other by the boundary of a subdivision containing said proposed street.

RESIDENTIAL CLUSTER

An area to be developed as a single entity according to a plan containing the residential housing units which have a common or public open space area as an appurtenance.

RESTAURANT

An establishment regularly and primarily used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of foods for its customers and in which no other business except such as is incidental to such establishment is conducted, wherein the food and drink are consumed on the property, with approval of the Municipal Agency.

[Amended 7-5-2022 by Ord. No. 2022-40]

RESTAURANT, DRIVE-IN

An establishment where patrons are served food, soft drink, ice cream, and similar confections inclusive of refreshment stands, commonly called snack bars, dairy bars, hamburger stands or similar uses where customers and patrons are served food, soft drinks, or ice cream primarily for their immediate consumption outside the confines of the building or structure in which the business is conducted thereto, seats or other accommodations as provided for their patrons.

RESTAURANT, DRIVE-THROUGH

An establishment that by design, physical facilities, service, and/or packaging procedures encourages and permits customers, being located in a designated drive-through lane, to receive quick food service using a window or series of windows while remaining in their motor vehicles. This is accomplished through a limited menu of items prepared and held for service or prepared quickly, and generally served in disposable wrapping or containers.

RESTAURANT, FAST-FOOD

A restaurant, which may or may not have tables but which is essentially designed to dispense quick, ready-made food of a limited variety. The patron obtains food directly from the dispensing counter for consumption on or off such premises.

RESTAURANT, TAKE-OUT

An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.

RESUBDIVISION

See definition in M.L.U.L., adopted herewith by definition.

RIGHT-OF-WAY, PUBLIC

(1) A publicly owned strip of land acquired by reservation, dedication, prescription, purchase or condemnation and intended to be occupied by a street, crosswalk, railroad, for utilities, or for another special use. (2) Generally, the right of one to pass over the property of another.

ROOMING HOUSE

A boarding house wherein no personal or financial services are provided to the residents. (N.J.S.A. 55:13B-3)

SCHOOL, PRIVATE NONPROFIT ORGANIZATION

Providing regular instruction in academic and/or religious subjects from kindergarten through Grade 12 during a normal school year; Offering a diploma, degree or certificate subject to regulations prescribed by the State of New Jersey, Department of Education, supported in whole or part by private funds and/or nonprofit quasi-public agencies, administered supervised and directly affiliated with an exempted nonprofit religious and/or cultural organization. This shall not include a commercial or adult school or college giving special or limited instruction such as but not limited to business, art, music, dancing or a nursery school.

SCHOOL, PUBLIC

Any school operated under the administrative authority of a duly constituted State, County, regional or municipal Board of Education providing regular instruction of subjects from kindergarten through Grade 12 of a normal school year; Offering a diploma, degree or certificate subject to regulations prescribed by the State of New Jersey, Department of Education, supported in whole or part by public funds.

SCREENING

A visual barrier made up of planted or architectural materials for the purpose of preventing the view of an object area by the general public.

SELF STORAGE FACILITY

See Mini-Warehouse or Self-Service Storage Facility.

SERVICE DRIVE

A roadway at least 22 feet in width which provides common access to two or more uses and, where adjacent to a public right-of-way, is separated from that right-of-way back by a planting strip at least five feet wide.

SETBACK

The minimum horizontal distance between the street, rear or side lot lines and the closest part of any building. The term "setback" is synonymous with "required setback" and means a line beyond which a building is not permitted to extend. When two or more lots under one ownership are used the exterior property lines so grouped shall be used in determining setbacks. The front setback shall be measured from any future right-of-way line as adopted in the Master Plan.

SETBACK LINE

A line established within any building lot that is parallel to any street line or property line, on the horizontal plane, and perpendicular to any street line or property line on the vertical plane, between which no building or portion thereof, may be erected.

SETBACK, FRONT

A setback extending across the full width of the lot between a front lot line and the foremost point of any structure, excluding steps.

SETBACK, REAR

Extends across the full required width of a site, the depth of which is the minimum horizontal distance between the rear property line and the building line, except that on a corner lot the rear yard shall extend only to the required front setback line offset dimension to the street line.

SETBACK, SIDE

The minimum required horizontal distance between the required front setback to the required rear setback.

SEXUALLY ORIENTED BUSINESS

The term defined by the New Jersey Legislature in N.J.S.A. 2C:34-6 as follows:

(1) A commercial establishment 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

(2) A commercial establishment 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."

As used in this definition of sexually oriented business, "specified anatomical area" means (1) 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 (2) human male genitals in a discernibly turgid state, even if covered and "specified sexual activity" means (1) the fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or (2) any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.

SIGN

Any structure or part thereof, or any device attached to a structure which shall display or include any letter, work, model, banner, pennant, flag, insignia, device, or representation used as, or which is in the nature of an announcement, direction or advertisement. A sign includes every billboard, ground sign, wall sign, roof sign, sign painted on the exterior surface of a building structure, illuminated sign, projecting sign, temporary sign, awning and canopy sign, and any announcement, declaration, demonstration, display, illustration or insignia use to advertise or promote the interests of any person, firm, or corporation when the same is placed out of doors in view of the general public. A sign does not include the flag, pennant, or insignia of any nation, group of nations, or of any state, city, or political unit.

SIGN AREA

The maximum projected area of the shape which encloses the sign, device or representation. In the case of lettering attached to building facades, the sign area shall be the product of the maximum vertical dimension multiplied by the maximum horizontal dimension of all lettering and symbols which form the sign, including the empty space between the letters and symbols.

SIGN, BILLBOARD

Any notice or advertisement, pictorial or otherwise, used as an outdoor display not related to a use on the lot, regardless of its size or dimension.

SIGN, DIRECTION

Signs limited to directional messages such as one way, entrance, and exit, and upon which no logo, advertisement or other identification is placed.

SIGN, DIRECTORY

A sign, other than an identification sign, listing the names, uses, tenants, occupants, or locations of the various businesses or activities conducted within a building or group of buildings and intended to provide on-site directions.

SIGN, FREESTANDING

A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.

SIGN, PROJECTING OR OVERHANGING

A sign attached to and perpendicular to an exterior wall of a building which overhangs the street right-of-way.

SIGN, REAL ESTATE

(1) A temporary sign that relates to the sale, lease, or rental of property or buildings, or to construction activities on site. (2) A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, but not including temporary subdivision signs.

SIGN, ROOF

A sign attached on a roof that projects higher than the highest part of the building; also includes signs inscribed or painted on a roof.

SIGN, TEMPORARY

A sign, poster, handbill, circular or paper which is in any way attached to any pole, tree, sign or other stationary object or structure, or which is freestanding, which is intended to advertise a specific community or civil event such as, but not limited to, fairs, carnivals, converts, charitable functions, garage sales or auctions or any political campaign, candidate or event.

SIGN, WALL

A sign mounted flat against and projecting less than four inches from, or painted on the wall of, a building or structure with the exposed face of the sign in a plane parallel to the face of the wall. This does not include window signs.

SIGN, WINDOW

A sign mounted flat against a glass window which does not exceed 15 percent of the total window area. Temporary community related posters are not included in the 15 percent calculation.

SINGLE, NONPROFIT HOUSEKEEPING UNIT

[Repealed 7-7-2009 by Ord. No. 09-49]

SITE PLAN

A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not 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 informal determination pursuant to Article IV of this chapter.

SKETCH PLAT

The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the sketch plat detail requirements of this chapter.

SPECIAL DISTRICT

A district established to accommodate a narrow or special set of uses or for special purposes. The term can signify any district beyond the conventional residential, commercial, industrial, and agricultural districts

STORY

The portion of a building included between the upper surface of a floor and the upper surface of the floor or the roof next above it. Underground space shall be considered a story when the upper surface of the floor next above is more than six feet above the adjacent ground elevation at any point.

STORY, HALF

That portion of a building under a gable, hip, or gambrel roof, the wall plates of which at least two opposite exterior walls are not more than two feet above the floor of such story. A cellar shall also be included as a "half-story."

STREET

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 pursuant to law; 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 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.

STREET LINE

The line determining the limit of the highway rights of the public, either existing or contemplated. "Street line" and "right-of-way line" are synonymous.

STREET, RESIDENTIAL

A street, or portion thereof, which is located in a residential zone.

STRUCTURE

A combination of materials to form a construction of occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

SUBDIVIDER

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.

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created: divisions of land found by the municipal agency or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or the recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the municipality. The term "subdivision" shall also include the term "re-subdivision."

SUSTAINABILITY

Understanding the social, economic and environmental conditions necessary to sustain a high quality of life and ensuring that those conditions are preserved for us and for future generations.

SWIMMING POOL, PRIVATE

A swimming pool located as an accessory use on the same residential lot as the principal use it serves, is utilized only by the owner(s) or his nonpaying guests and is not operated for profit.

SWIMMING POOL, PUBLIC

A swimming pool open to the general public or open to members only of a club or organization, whether operated for profit or not.

TATTOO PARLOR (TATTOO PARLOR/BODY-PIERCING STUDIO)

An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

TAVERN or BAR

A place where the principal use or function is the selling of alcoholic beverages and incident thereto may be the retail sale or consumption of food as a permitted use, consistent with N.J.S.A. 33:12 et seq.

TEMPORARY STRUCTURE

A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

TEMPORARY USE

A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.

TRACT

A designated parcel or area of land, including a lot or lots, which is the subject of an application for development and which includes any contiguous portions of street rights-of-way in which the developer has property rights.

TRAILER HOME

Any dwelling unit for living or sleeping purposes which is equipped with wheels or some device used for the purpose of transporting such unit from place to place, whether by motor vehicle or other means, or any factory-built unit equipped with wheels used for living or sleeping purposes, whether the same is on blocks, posts or any other type of foundation. "Mobile home" shall be synonymous with "trailer home."

TRANSCRIPT

A typed or printed verbatim record of the proceedings or reproduction thereof.

USE

The specific purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.

USE, ACCESSORY

A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

USE, NONCONFORMING

A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

USE, PERMITTED

A use of a building or land that conforms to the provisions of this chapter.

USE, PRINCIPAL

A use which is the major use of the lot. In any residential zone, a dwelling on a lot shall be deemed the principal use of that lot.

USE, PUBLIC

Any use of land or structure or structures thereon which is owned and used by the Federal, State, County or municipal governments. Public use shall also include property not owned by a government entity but which is leased or used for that purpose.

USE, QUASI-PUBLIC

Any use which is public in nature but which is owned and used by a private interest group. Quasi-public uses include churches, parish houses, parochial schools, historical sites and similar uses, but do not include clubs, lodges or similar private uses.

USE, RESIDENTIAL

The use of a building or part as a dwelling unit.

VETERINARY HOSPITAL

A place where animals are given medical care and the boarding of animals is limited to short-term care and/or incidental to the hospital use.

VISUAL SCREENING

Any fence, wall, tree, hedge, or shrub, or a combination of them which limits visibility or provides screening from adjacent use.

WAREHOUSE

Facilities characterized by internal storage of goods, frequent heavy trucking activity, but not involved in manufacturing or production.

WETLANDS

Land which is either submerged or retains water at ground level for a portion of the year as regulated in the New Jersey Department of Environmental Protection's Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-1.4.

[Added 9-6-2016 by Ord. No. 2016-52]

YARD

An open space on the same lot with the principal building open, unoccupied and unobstructed by buildings from the ground to the sky except as otherwise provided by this chapter. The minimum required yard shall be the same as required setback.

YARD, FRONT

The yard extending across the entire width of the lot between the street line and the nearest part of any building. On a corner lot, the front setback shall be required for all street frontages.

YARD, REAR

The yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building.

YARD, SIDE

A yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.

ZONING PERMIT

A document signed by the administrative officer or his/her designee, which shall be required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building which acknowledges that such use, structure or building complies with the provisions of the Development Ordinance or variance there from duly authorized by the appropriate municipal agency.