[Amended by Ord. Nos. 1-87, 4-87, 9-87, 13-89,
7-91, 10-91, 17-91, 5-92, 11-93, 16-93A, 19-94, 15-95, 20-95, 6-96,
16-97, 2241-04, 2246-05, 2254-05, 2305-07, 2314-08, 2326-08; amended
in it entirety by Ord. No. 2332-09]
Any word or term not defined shall
be understood in the context of standard usage, or shall be understood
as defined in the New Jersey Municipal Land Use Law, as amended.
Certain phrases and words are herewith
defined.
301.1.
ACCESSORY BUILDING, STRUCTURE OR
USE — A building, structure or use which is customarily
associated with and is subordinate and incidental to the principal
building, structure or use and which is located on the same lot therewith.
See specific zone requirements for permitted accessory uses.
[Amended 7-19-2022 by Ord. No. 2613-22]
301.2.
ACCESS POINT; ACCESS DRIVE — The
location of the intersection of a driveway with a street.
301.3.
ADDITION — An extension
or increase in floor area or height of a building or structure.
301.4.
ADMINISTRATIVE OFFICER — For
the Planning Board, the administrative officer shall be the Municipal
Engineer; for the Zoning Board of Adjustment, the administrative officer
shall be the Zoning Official.
301.5.
ALTERATION — As applied
to a building or structure, a change or rearrangement in the structural
parts or in the means of egress.
301.6.
AMBULATORY SURGERY FACILITY — An
out-patient health care facility, licensed by the State of New Jersey,
which performs surgical procedures without an overnight stay, with
such surgery generally requiring some form of anesthesia and with
a post-surgery period of at least one hour. An ambulatory surgery
facility shall not be considered to be an office or a medical office.
301.7.
APARTMENT — One or
more rooms with private bath and kitchen facilities comprising an
independent, self-contained dwelling unit.
301.7.1.
ART GALLERY — A building or space used for
the display of art for the purpose of promoting and selling artworks.
[Added 10-2-2019 by Ord.
No. 2543-19]
301.7.2.
ART STUDIO — A place of work for an artist,
artisan, or craftsperson, including persons engaged in the application,
teaching, or performance of fine arts such as, but not limited to,
drawing, vocal or instrumental music, painting, sculpture, and writing.
[Added 10-2-2019 by Ord.
No. 2543-19]
301.8.
BUILDING COVERAGE — The
area of a lot covered by all buildings measured on a horizontal plane
around the perimeter of the foundation(s) and including the area under
the roof of any structure supported by columns, but not having walls,
as measured around the edge of the roof above the columns. The first
two feet of roof and building overhang projections shall be excluded.
301.9.
BUILDING HEIGHT — The
vertical distance from the average ground elevation around the foundation
to the building's highest point. The average ground elevation shall
be calculated by measuring the elevation at ten-foot intervals around
the perimeter of the foundation. When measuring to the highest point
of the building, the following building elements are to be excluded
from the height calculation: chimneys, satellite dishes and antennas,
mechanical equipment, elevator towers and flag poles.
a.
The building height shall not exceed the
maximum allowed in the zoning district by more than five feet from
the lowest elevation around the perimeter of the foundation.
b.
The excluded building elements listed above
shall not exceed the permitted building height by more than 12 feet,
or the maximum building height specified for a particular zone by
more than eight feet.
c.
Where soil or rock removal lowers the ground
elevation around the perimeter of the foundation, the building height
calculation shall be based on the lowered elevation.
d.
Where fill raises the ground elevation
around the perimeter of the foundation, building height calculation
shall be based on the elevation as it existed prior to the use of
fill.
e.
All roof-top mechanical equipment screening
shall be no higher than the equipment being screened.
301.10.
CAMPER — A self-propelled
vehicle built as one unit on a chassis or a vehicle built on a chassis
designed to be towed by another vehicle, designed for temporary living
containing cooking, sleeping, and/or sanitary facilities; or a vehicular
portable structure built on a chassis designed as a trailer with a
flat top not more than four feet above the ground which can be converted
into a temporary tent erected above the four-foot level for camping
activities. See also Trailer definition.
301.11.
CHANGE OF USE — A
change of the use category of a building or portion thereof.
301.12.
COMMERCIAL OFF PREMISES OUTDOOR ADVERTISING
SIGNS — Any structure or portion thereof on which
lettered or pictorial matter is displayed for advertising purposes
and that is located on a site other than the building or site to which
the advertising relates.
301.13.
COMPLETE APPLICATION — Submission
of an application form and checklist provided by the Township and
completed by the applicant together with all accompanying documents
required by this ordinance and the Planning Board's or Zoning Board
of Adjustment's Rules and Regulations for approval of the application
for development, including where applicable, but not limited to, a
site plan or subdivision plat. The Township's checklists are set forth
in Appendix A[1] to this ordinance and hereby made a part hereof. The approving
authority may require additional information not specified in the
ordinance, and revisions in the accompanying documents, as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for consideration of the application for development have
been met. The application shall not be deemed incomplete for lack
of any such additional information or any revisions in the accompanying
documents so required by the approving authority. An application shall
be certified as complete immediately upon the meeting of all requirements
specified in the ordinance, the applicable checklist and the rules
and regulations of the approving authority, and shall be deemed complete
as of the day it is so certified by the administrative officer for
purposes of the commencement of the time period for action by the
approving authority.
[1]
Editor's Note: Appendix A and the Checklists
are on file at the Township offices.
301.13.1.
DECK — Any horizontal accessory structure,
not covered by any type of roof, serving as a floor which covers,
partially or fully, any portion of the lot area.
[Added 7-19-2022 by Ord.
No. 2613-22]
301.14.
DWELLING UNIT — A
room or series of connected rooms containing living, kitchen, sleeping,
and private bath facilities for one family.
301.15.
DWELLING, ATTACHED — One
dwelling unit in a building containing three or more dwelling units,
with each dwelling unit extending from the ground to the roof and
having individual outside access and no interior rooms or hallways
shared with other dwelling units.
301.16.
DWELLING, MULTIPLE — A
building containing more than two dwelling units.
301.17.
DWELLING, SINGLE FAMILY — A
detached building containing one dwelling unit.
301.18.
DWELLING, TWO FAMILY — A
building containing two dwelling units.
301.18.1.
EDUCATIONAL PLAY CENTER —
A multipurpose children's activity space devoted to learning, recreation
and entertainment, which may offer classes and organized events such
as birthday parties, and which may include accessory retail sales.
[Added 10-2-2019 by Ord.
No. 2543-19]
301.19.
FAMILY — A person
or a group of persons occupying a dwelling unit as a single housekeeping
unit. There shall be no more than six persons comprising said group
who are not related by blood, marriage, civil union or adoption.
301.20.
FENCE — Any structure
or partition enclosing a parcel of land, or dividing a parcel of land
into portions, or separating contiguous lots.
301.21.
FINANCIAL INSTITUTIONS — Establishments
operating primarily to provide financial services to the public on
site. Establishments providing financial services that do not primarily
provide such services on site shall be deemed offices for the purposes
of this ordinance. Security and commodity brokers, dealers, exchanges
and similar entities shall be considered offices, not financial institutions
unless they primarily deal with the public on site.
301.22.
FLOOR AREA RATIO RESIDENTIAL — The
area on the first and second floors of a building computed by using
the outside dimensions of the exterior walls of the building, not
including basements and uninhabitable attics, compared to the total
lot area. In addition, habitable attics and floors above garages shall
be included in the calculation if the habitable portion is more than
50% of the area of the floor immediately below. Habitable areas shall
be areas having a ceiling height greater than six feet six inches.
Deviation from this standard shall require variance relief under MLUL,
N.J.S.A. 40:55D-70(d)(4).
301.22.1.
FLOOR AREA RATIO - NONRESIDENTIAL — The sum
of the area of all floors of a building or structure compared to the
total lot area. The area of all floors shall be computed by using
the outside dimension of the exterior walls of the building or structure.
Deviation from this standard shall require variance relief under MLUL,
N.J.S.A. 40:55D-70d(4).
[Added 7-19-2022 by Ord.
No. 2606-22]
301.23.
GARAGE — A structure
used to store vehicles, and other items associated with residential
structures. A garage shall not include kitchen, sleeping, or private
bath facilities.
301.25.
GROSS LEASABLE AREA (GLA) — The
total floor area designed for tenant occupancy and exclusive use,
including basements, mezzanines, and upper floors, expressed in square
feet and measured from the center line of joint partitions and from
outside wall faces. It is the space for which tenants pay rent, including
sales areas and integral stock areas. Basement areas which are included
in the lease but are nevertheless devoted exclusively to tenant storage
and/or utility space shall not be included in GLA. Included in GLA
is any common space that is temporarily rented or occupied by a tenant.
301.25.1.
HEALTH AND FITNESS FACILITY —
An establishment open to the public on a membership basis which provides
facilities for personal training, aerobic exercise, running and jogging,
weight training and strength conditioning, game courts, swimming facilities
and exercise equipment and which may include accessory sauna/steam
rooms, showers, lockers, spa treatments including massage, snack/juice
bars and accessory retail sales of related sports apparel and equipment.
[Added 10-2-2019 by Ord.
No. 2543-19]
301.26.
HOTEL — A commercial
establishment offering temporary lodging. Hotels may include accessory
uses customarily associated with and incidental to such principal
use, such as restaurants and other facilities for the consumption
of food and beverages on the premises, public meeting rooms, retail
facilities, indoor health and recreational facilities, provided that
the aforesaid accessory uses shall be contained within the hotel building.
Outdoor health and recreational facilities shall also be permitted
as an accessory use, however, outdoor tennis courts and an outdoor
swimming pool at said establishment shall not be considered in computing
the gross floor area - nonresidential.
301.27.
HOUSE OF WORSHIP — A
church, synagogue, temple, mosque or other facility that is used for
prayer and other religious observances by persons of similar beliefs
and that is architecturally designed and particularly adapted for
the primary use of conducting formal religious services on a regular
basis.
301.27.1.
INDOOR COMMERCIAL RECREATION —
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, roller and ice skating rinks, indoor climbing
gyms, gymnastics centers, bowling alleys, arcades, escape rooms, billiards
and virtual experience centers.
[Added 10-2-2019 by Ord.
No. 2543-19]
301.27.2.
INSTRUCTIONAL SCHOOLS AND STUDIO
— Establishments which provide classes, instruction and workshops
for dance, yoga, pilates, personal training, culinary, creative arts
and crafts, music, martial arts, academics and athletics.
[Added 10-2-2019 by Ord.
No. 2543-19]
301.28.
LOADING SPACE — An
off-street berth on the same lot with a building or group of buildings
for the temporary parking of a vehicle while loading or unloading.
301.29.
LOT AREA — The area
contained within the lot lines but not including any portion of a
street. The minimum lot area of a lot fronting on a street proposed
to be widened in the Master Plan shall be the minimum area required
for the district in which it is located plus the additional area needed
for the future widening of the street.
301.30.
LOT COVERAGE — That
portion of the area of a lot covered by paved and/or impervious surfaces,
accessory uses, buildings, or any other structure, expressed as a
percentage of lot area. For the purposes of this ordinance, gravel
driveways, gravel parking areas, and pavers made of brick, stone,
concrete or similar materials shall be considered to be paved and/or
impervious surfaces.
301.31.
LOT DEPTH — The shortest
horizontal distance between the front lot line and a line drawn parallel
to the front lot line through the midpoint of the rear lot line.
301.32.
LOT FRONTAGE — The
distance between the 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 lot frontage may be reduced to not be less than 75% of the
required minimum lot width. In the case of a corner lot, the lot frontage
and front yard setback shall be met from all streets.
301.33.
LOT LINE — Any line
forming a portion of the exterior boundary of a lot. The front lot
line is the same as the street line for any portion of a lot abutting
a street. Lot lines extend vertically in both directions from ground
level.
301.34.
LOT WIDTH — The horizontal
distance between side lot lines measured at the minimum required building
setback from the street line.
301.35.
LOT, CORNER — A lot
at the junction of, and having frontage on, two or more intersecting
streets, or a lot bounded on two or more sides by the same street,
provided the angle of intersection is less than 135°.
301.36.
MAJOR SITE PLAN — A
site plan not defined as "minor" or "exempt."
301.37.
MAJOR SUBDIVISION — Any
subdivision not classified as a "minor subdivision."
301.38.
MEDICAL OFFICE — The
office of a licensed medical or health care practitioner providing
health care services to a person for the purpose of maintaining or
restoring a person's physical or mental health, including but not
limited to a physician, dentist, chiropractor, podiatrist, osteopath,
acupuncturist, bodywork therapist, optometrist, orthotist, prosthetist,
pharmacist, physician assistant, physician or surgeon, physical, occupational
or speech therapist, psychologist, registered nurse, licensed practical
nurse, a home health aide or nurse's aide, marriage or family therapist,
massage therapist, advanced practice nurse, respiratory therapist,
social worker, or somatic therapist. The term "licensed" is defined
in the New Jersey Administrative Code. The medical office may include
an accessory medical testing laboratory.
301.39.
MINOR SITE PLAN — A
site plan for a development or building alteration or building addition
requiring less than 10 parking spaces, containing less than 2,500
square feet of new floor area, and having less than 50% building coverage.
301.40.
MINOR SUBDIVISION — A
subdivision of land that does not involve: (a) the creation of one
or more new lots; (b) a planned development; (c) any new street; or
(d) the extension of any off-tract improvement, the cost of which
is to be prorated pursuant to N.J.S.A. 40:55D-42.
301.41.
MULTIFAMILY HOUSING DEVELOPMENT — Means
a building containing three or more dwelling units occupied or intended
to be occupied by persons living independently of each other, or a
group of such buildings.
301.42.
OFFICE — A place
for conducting the affairs of a business, profession other than those
covered by Section 301.38, service, industry or government and generally
furnished with desks, tables, files and communication equipment, but
where no retail sales or retail services are offered, and no manufacturing,
assembling, or fabricating takes place.
301.43.
PARKING SPACE — A
space within a structure or in the open for parking motor vehicles.
The width and length of each space shall be measured perpendicular
to each other regardless of the angle of the parking space to the
access aisle or driveway.
301.43.0.
PATIO — A level, hardscaped surfaced area,
also referred to as a "terrace."
[Added 7-19-2022 by Ord.
No. 2613-22]
301.43.1.
PET CARE AND GROOMING FACILITY
— An establishment that provides temporary boarding, training,
grooming and care for dogs, cats or other domestic animals or household
pets. This shall not include overnight boarding of pets, the breeding
or sale of animals or veterinary services customarily offered at an
animal clinic or hospital.
[Added 10-2-2019 by Ord.
No. 2543-19]
301.44.
PORTABLE STORAGE CONTAINER — Any
container, storage unit or portable structure (commonly known as PODS)
designed to be used on a temporary basis and without a foundation
for the purpose of storing tangible property and not for occupancy
by persons.
301.45.
PRINCIPAL USE — The
main purpose for which any lot, structure, or building or portion
thereof is used.
301.46.
PRIVATE SCHOOL — A
privately owned or operated educational institution of elementary
or high school grade operating as a day school and accredited by the
New Jersey Department of Education. Nursery schools offering educational
instruction with qualified teachers shall be considered private schools
for the purpose of this ordinance, regardless of whether they also
serve as day-care centers. Day-care centers without the educational
component as set forth herein for nursery schools are not to be considered
as private schools.
301.47.
PUBLIC PURPOSE — The
use of land by a municipal, County, State, or Federal agency or authority.
301.48.
REAR YARD-UNOCCUPIED — That
portion of the rear yard not covered by driveways, parking areas,
patios, sidewalks, paved surfaces, accessory uses, buildings, or any
other structure on or above the surface of the land.
301.49.
RECYCLING AREA — The
space allocated for collection and storage of source separated recyclable
materials.
301.50.
RESTAURANT — An establishment
primarily serving food and drink for consumption at seating tables
and counters on premises. Sales for off-site consumption are permitted
if subordinate and incidental to the principal use.
301.51.
RESTAURANT, FAST FOOD — An
establishment whose principal business is the sale of pre-prepared
or rapidly prepared food directly to the customer in a ready to consume
state for consumption either within the restaurant building or off
the premises.
301.52.
RETAIL FOOD ESTABLISHMENT — An
establishment in which food or drink is offered or prepared primarily
for retail sale in packages or in bulk for off-premises consumption.
Sales for on-site consumption are permitted if subordinate and incidental
to the principal use.
301.53.
RETAIL SALES — Establishments
engaged in selling goods or merchandise to the general public for
personal or household consumption and rendering services incidental
to the sale of such goods.
301.54.
RETAIL SERVICES — Establishments
primarily engaged in providing services involving the care of a person
or his or her personal goods or apparel, such as laundry, cleaning
and garment services; photographic portrait studios; beauty and barber
shops; and shoe repair shops. Retail services shall not include establishments
primarily engaged in the sale of products or merchandise, including
food or drink, to the general public. Retail services shall not include
those uses defined under "Medical Office" as defined in this ordinance.
[Amended 3-19-2019 by Ord. No. 2528-19]
301.55.
RIGHT-OF-WAY — The
total width and length of the course of a street, watercourse, utility
alignment, or other way within which improvements and rights of access
are confined.
301.56.
ROADWAY — The hard
or paved surface portion of a street customarily used by vehicles.
Where there are curbs, the roadway includes only that portion between
the curbs. Where there are no curbs, the roadway is that portion between
the edges of the paved width.
301.57.
SETBACK — The distance
between a street line or lot line and that portion of the lot where
structures are located, based on the setback requirements of this
ordinance. All setbacks from public streets shall be measured from
the proposed right-of-way or as shown on the official tax map. Roof
overhangs may project a maximum of two feet beyond a required setback
line except as otherwise provided in this ordinance.
301.57.01.
SHORT-TERM RENTAL — Rental of an owner-occupied dwelling unit, or any part of a dwelling unit, including any accessory building, structure or use to the dwelling unit, which dwelling unit is regularly used and kept open as such for the lodging of guests, and which is advertised or held out to the public as a place regularly rented to transient occupants, as that term is defined in Section 4-42.1 of the Revised General Ordinances of the Township, for 28 consecutive days or less up to a cumulative total period of not to exceed 60 days in a calendar year, excluding community residences, shelters, adult family-care homes, a residence temporarily occupied by the owner of another residential property within the Township then undergoing construction activity, or the extension, on a month-to-month basis, of an existing lease with a term of at least six months' duration, by the existing tenant.
301.57.1.
SHOWROOM — An establishment
offering household furnishings, fixtures or appliances to the general
public and where sample products are displayed within a room or rooms
on the premises. Such establishments may also offer remodeling, decorating
or design services.
[Added 10-2-2019 by Ord.
No. 2543-19]
301.58.
SIGHT TRIANGLE — The
portion of a lot restricted in its use to assure clear sight distance
for motorists.
301.59.
SIGNS — Any street
graphic, announcement, declaration, demonstration, billboard, display,
illustration, or insignia used to promote or advertise the interests
of any person, group of persons, services, or product when placed,
erected, attached, painted, or printed for public viewing.
301.60.
SITE PLAN EXEMPT —
[Amended 10-2-2019 by Ord. No. 2543-19]
a.
Site plan approval shall not be required for single-family and two-family
dwellings, unless such uses involve a home professional office.
b.
Building alterations and/or changes of use and/or changes of tenancy
which do not involve an increase in the required number of off-street
parking spaces or additional gross floor area - nonresidential shall
be site plan exempt.
c.
Changes of use which require additional parking or which generate
a vehicular traffic increase of more than 10% in excess of the previous
user during any of the following time periods shall not be exempt:
twenty-four-hour daily traffic, A.M. peak street hour of adjacent
street traffic; P.M. peak street hour of adjacent street traffic;
or Saturday peak hour of generator. Parking requirements shall be
based on the off-street parking standards set forth in this ordinance.
Estimates of the number of vehicular trips shall be determined by
use of the data and the statistics relating to use-generated traffic
by the Institute of Transportation Engineers' Trip Generation Manual,
5th edition.
d.
The use and access through, over and across lands located within
the Township of Millburn in order to gain access to and from an existing
or proposed nonresidential use located outside and beyond the borders
and boundaries of the Township of Millburn shall not be exempt and
shall require site plan review and approval consistent with the terms
and standards of this ordinance.
301.61.
STORY — That portion
of a building between a floor and the floor or roof above it.
301.62.
STREET GRAPHIC — Any
letter, symbol, number, or display which can be seen from the right-of-way
of a street, including signs, other than public information signs.
Ground graphic is a street graphic erected on the ground. Wall graphic
is a street graphic on the wall of a building.
301.63.
STREET LINE — The
edge of any street right-of-way, as proposed or shown on the official
tax map.
301.64.
SWIMMING POOL — As
defined in the Code of the Township of Millburn as a "pool."
301.65.
THEATERS — Buildings
used for the presentation of legitimate live or recorded productions.
301.66.
TRAILER — A portable
vehicular structure on a chassis which can be used as a temporary
dwelling for travel, recreation, or other short-term uses and may
contain kitchen, sleeping, private bath, and general living facilities.
See also "Camper" definition.
301.67.
UTILITY — Services
including, but not limited to, sewage treatment, water supply, gas,
electricity, telephone, and cable TV.
301.68.
YARD — Space unoccupied,
except as permitted in this ordinance, extending between any building
and a lot line or street line. See also "Setback" definition.
301.69.
YARD, FRONT — The
area extending across the full width of a lot between the street line
and the nearest point of the building to the street, extending to
the side lot lines from such point in lines parallel or concentric
to the street line. For corner lots, there shall be two front yards.
The division line for the two front yards shall be a line from the
intersection or radius point (if applicable) of the front yard setback
lines to the point of intersection (of tangents) of the street lines.
301.70.
YARD, REAR — The
area extending across the full width of a lot between the rear lot
line and the nearest point of the principal building to the rear lot
line, extending to the side lot lines from such point in lines parallel
or concentric to the street line. See "Corner Lots" and "Rear Yard-Unoccupied"
definition.
301.71.
YARD, SIDE — The
area lying between each side lot line and the nearest point of the
principal building to each side lot line, excluding front and rear
yards. For single-family dwellings in the R-3 through R-6 Districts,
certain side yard standards relate to the height of building segments.
For the purpose of this provision, the height of a building segment
shall be the vertical distance from the average ground elevation to
the highest portion of the building which lies between the minimum
setback for building segments up to 18 feet in height, as regulated
in this ordinance. The average ground elevation shall be calculated
by measuring the ground elevation at ten-foot intervals around the
perimeter of the foundation of the portion of the building which lies
in closest proximity to the side lot line.
