[1969 Code § 75-7; Ord. No. 591; Ord. No. 632; Ord. No. 710; Ord. No.
738; Ord. No. 739; Ord. No. 771; Ord. No. 779; Ord. No. 848; Ord. No. 982 § 2;
New; Ord. No. 97-10 § 1; Ord. No. 2000-19 § 1; Ord. No. 2004-16 § 3; Ord. No. 2005-11 § 1; Ord. No. 2006-08 § 1; Ord. No. 2006-16 § 1; Ord. No. 2007-19 § 1; Ord. No. 2008-05 § 1; Ord. No. 2009-09 § 1; Ord. No. 2009-26 § 3; Ord. No. 2013-25; Ord.
No. 2017-03]
For the purpose of this chapter, the definitions set forth in
the Uniform Construction Code N.J.A.C. 5:23-104 and the Municipal
Land Use Law N.J.S.A. 40:55D-1 et seq., are to be utilized where appropriate.
In the event of a conflict between the definitions contained in this
Article and the aforementioned State regulations, the aforementioned
State regulations shall govern. Any use not specifically permitted
as a principal permitted use, accessory use or conditional use is
prohibited.
ACCESSORY BUILDING OR ACCESSORY STRUCTURE
Shall mean a subordinate building or structure customarily
incidental to the principal building and located on the same lot with
such principal building, whether or not said accessory building or
structure has a permanent foundation.
ACCESSORY USE
Shall mean a use naturally, normally and customarily incidental
and subordinate to the main use of the premises or lot.
ACCESSORY USE AREA
Shall mean that area of the lot between the rear line of
the principal structure and the rear property line.
ADULT BOOKSTORE
Shall mean an establishment having as a substantial or significant
portion of its stock-in-trade books, magazines, films for sale or
viewing on the premises, by use of motion-picture devices or any other
coin-operated means, and other periodicals which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical
areas, or an establishment with a segment or section devoted to the
sale or display of such material.
ADULT ENTERTAINMENT USE
Shall mean an establishment offering as a substantial portion
of its stock-in-trade books, magazines, publications, video or audio
tapes or films, or computer disks, computer games, CD ROMs, DVDs and
other media of an explicitly sexual nature or anatomical genital areas.
Adult entertainment shall also include the following:
a.
An establishment providing live adult entertainment, including
sexually explicit dancing.
b.
The showing of films or videos of a sexually explicit nature
or anatomical genital areas.
c.
An establishment having as a substantial or significant portion
of its services to the public the exhibition of male or female individuals
to the general public, exhibiting or depicting said models displaying
sexual activities, sexual conduct, or specified anatomical areas of
said models, as defined further in this section.
ADULT MINI MOTION PICTURE THEATER
Shall mean an enclosed building with a capacity for less
than 50 persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
ADULT MOTION-PICTURE THEATER
Shall mean an enclosed building with a capacity of 50 or
more persons used regularly and routinely for presenting material
having as a dominant theme material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
ADULT NOVELTY/GIFT SHOP
Shall mean any business that offers for sale or rent, devices,
implements, and other sexual paraphernalia which is designed to sexually
stimulate.
ADULT VIDEO STORE
Shall mean an establishment from which minors are excluded,
having as a substantial stock-in-trade films, videos, movies or other
viewing materials which are distinguished or characterized by their
emphasis on matters depicting, describing or related to specified
anatomical areas or specified sexual activities, as defined herein,
or an establishment in which a segment or section of the premises
is devoted to the sale, rental, display or viewing of such material.
AGE-RESTRICTED DWELLING UNIT
Shall mean a dwelling unit in which at least one person is
55 years of age or older, provided that all low and moderate income
age-restricted dwelling units shall comply with COAH age restrictions.
AIRPARK
Shall mean any area of land, adjacent to a public use airport,
to be utilized as a combined single-family residence and aircraft
storage facility.
AIRPORT
Shall mean any area of land or water, or both, designed and
set aside for the landing and taking-off of fixed wing aircraft, utilized
or to be utilized by the general public for such purposes, publicly
or privately owned, and licensed by the Commissioner of the Department
of Transportation as a public use airport or landing strip, or a proposed
facility for which an application for a license has been submitted
in complete form pursuant to N.J.A.C. 16:54 and which has been determined
by the Commissioner as likely to be so licensed within one year of
the determination.
AIRPORT HAZARD
Shall mean:
1. Any use of land or water, or both, which creates a dangerous
condition for persons or property in or about an airport or aircraft
during landing or taking off at an airport; or
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2. Any structure or tree which obstructs the airspace required
for the flight of aircraft in landing or taking off at an airport.
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AIRPORT SAFETY ZONE
Shall mean any area of land or water, or both, upon which
an airport hazard might be created or established, if not prevented
by this chapter.
ALTERATION OF A BUILDING
Shall mean a change in the supporting members of a building;
an addition to or diminution of a building; a change in use to a different
use or to a use of greater intensity; an enlargement of a use; a conversion
of a building or of a part thereof; or removal of a building from
one location to another on the same lot or a different lot.
APARTMENT
Shall mean a dwelling unit in a building having three or
more dwelling units.
APPAREL STORE
Shall mean establishments which sell articles of clothing.
ARCADE
Shall mean any establishment or businesses where more than
four mechanical amusement devices are located within a fully enclosed
building for the purpose of on-site use by members of the public.
ASSISTED LIVING FACILITY
Shall mean residences for the elderly that provide units
that may include semi-independent living quarters and the supervision
of self-administered medication, as well as shared facilities for
meals, recreational activities, personal care and transportation.
ATTIC
Shall mean the open, uninhabitable space between the ceiling
beams of the top habitable story and the roof rafters in any building.
AUTOMOBILE REPAIR SERVICES, MAJOR
Shall mean general repair, building, or reconditioning of
engines, motor vehicles, or trailers, including bodywork, welding
and major painting service.
AUTOMOBILE REPAIR SERVICES, MINOR
Shall mean the replacement or removal of any automobile part
that does not require removal of the engine head or pan, engine transmissions,
or differential but may include incidental body and fender work, minor
painting, and upholstering services.
AUTOMOBILE SERVICE STATIONS
Shall mean a building or place of business where gasoline
fuel is dispensed to the motoring public, and oil, grease, batteries,
tires, and related auto accessories may also be dispensed, and where
mechanical repair, but not body repair, may be rendered as an accessory
activity, provided that all mechanical repair exclusive of incidental
repair takes place within the confines of a building.
BASEMENT ROOM AND CELLAR
A room having less than 1/2 of its clear ceiling height below
the average elevation of the ground at the foundation wall shall be
considered a "basement room." Any room having more than 1/2 of its
clear height below the average elevation shall be a "cellar."
BUFFER AREA
Shall mean an open unoccupied space wherein no building,
parking, storage or other improvements, other than required landscaping
or crossing by utilities, shall be permitted.
BUILDING
Shall mean a structure constructed or created on the ground
with a roof supported by columns or walls. Whenever the term "building"
is used in this chapter, it shall include "structure," as hereinafter
defined. For the purpose of this chapter, the term "building" shall
be construed as if followed by the words "or portion thereof."
BUILDING COVERAGE
Shall mean the ratio of horizontal area measured from the
exterior surface of the exterior walls of the ground floor of all
principal/accessory buildings on a lot to total lot area.
BUILDING HEIGHT
Shall mean:
1. Building height shall be measured as follows: The vertical
distance measured from the original grade, measured 10 feet from the
building or structure foundation, at twenty foot intervals around
the building or structure (and at all points opposite corners of the
building or structure where the ten foot lines intersect), to the
highest roof beams on a flat roof, to the deck level on a mansard
roof, and to the highest ridge line for gable, hip and gambrel roofs.
If the building or structure wall is less than 40 feet in length,
the measurement shall be taken at the midpoint of the wall. Where
a retaining wall bisects the ten foot dimension, an additional measurement
shall be taken using the average height between the top and bottom
of the retaining wall. (See accompanying two figures for pictorial
examples of measurements). [Ord. No. 2017-03]
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Editor's Note: The figures referred to herein may be found in
the Township offices.
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2. Accessory structures. "Accessory building height" shall mean
the vertical distance measured from the average grade to the top of
the highest roof beams on a flat or shed roof, the deck level on a
mansard roof, and the highest ridge line of a gable, hip or gambrel
roof. The average grade shall be determined by averaging the elevation
of the existing ground at the accessory building corners and 10 feet
beyond.
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BUILDING SETBACK LINE
Shall mean a line drawn at a distance from a front, side
and rear property line equal to the required respective front, side
and rear yard depth. Where a lot fronts upon a street which on the
Master Plan or Official Map is proposed for right-of-way widening,
the required yard depth shall be measured from the proposed future
right-of-way line.
BUSINESS SERVICES
Shall mean establishments engaged in providing primarily
service or assistance, as opposed to products, to business, industry,
government and other enterprises. Such service or assistance shall
include advertising and mailing, building maintenance, copying services,
employment services, computer services, management services, office
equipment repair, protective services, equipment rental and leasing
other than construction equipment and vehicles, research, development
and testing, photo finishing and personnel supply services, but excluding
personal services.
CANNABIS
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16 for use in cannabis products as set forth in this act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. Cannabis does not include medical cannabis dispensed to registered
qualifying patients pursuant to the Jake Honig Compassionate Use Medical
Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L.
2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined
in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters
35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001,
c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section
2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense
set forth in the New Jersey Controlled Dangerous Substances Act, P.L.
1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product
cultivated, handled, processed, transported, or sold pursuant to the
New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et
seq.).
[Added 6-28-2021 by Ord.
No. 2021-08]
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
[Added 6-28-2021 by Ord.
No. 2021-08]
CANNABIS DELIVERY SERVICE
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
[Added 6-28-2021 by Ord.
No. 2021-08]
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
[Added 6-28-2021 by Ord.
No. 2021-08]
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 6-28-2021 by Ord.
No. 2021-08]
CANNABIS RETAILER
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
[Added 6-28-2021 by Ord.
No. 2021-08]
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 6-28-2021 by Ord.
No. 2021-08]
CHILD CARE CENTER
Shall mean an institution offering the provision of supplemental
parental care and supervision for nonrelated children, on a regular
basis during part or all of the day, under license by the New Jersey
Department of Human Services. The term "child-care center," as used
herein, includes the terms "infant-care center," "day nursery," "day-care
center," "nursery school" or similar.
COMPLETE APPLICATION
Shall mean the submission of any application form and checklist
completed by the applicant, together with all accompanying documents
required by this chapter, for review by the approving authority. The
approving authority may require such additional information not specified
by ordinance as are reasonably necessary to make an informed decision
as to whether the requirements necessary for approval of the application
for development has been met. The application shall not be deemed
incomplete for lack of any such additional information.
CONSTRUCTION TRAILER
Shall mean a vehicle or structure ordinarily used for storage
or office purposes, located at a site during the time of site development.
CONTINUING CARE RETIREMENT COMMUNITY
Shall mean an organization that provides housing, services,
and health care (including long-term care), to persons of retirement
age. The community must provide increasing levels of care that meet
the needs of individual residents, beginning with independent living
and providing a variety of health and nursing care services. It offers
a contract based on an entry fee that guarantees shelter and access
to various health care services, whether these are pre-funded or on
a fee-for service basis.
CORNER LOT
Shall mean a lot at the junction of two or more streets.
DENSITY
Shall mean the permitted number of dwelling units per gross
acre of land developed.
DETENTION BASIN
Shall mean those areas which exist or are created for the
temporary storage of stormwater and controlled discharge of this water
to a receiving drainage system.
DRIVEWAY
Shall mean a private roadway providing access for vehicles
to parking spaces, garage or dwelling unit, including the provision
of vehicular access from a public street to the principal building
or use or to accessory buildings or uses on the same lot.
DWELLING UNIT
Shall mean one or more rooms occupied or intended for occupancy as separate living quarters by one family or household (except for short-term rentals as defined in §
45-7.1), provided that access is directly from the outside or through a common hall and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants.
[Amended 6-24-2024 by Ord. No. 2024-09]
DWELLING, GARDEN APARTMENT
Shall mean one or more multiple-family buildings with dwelling
units located one above the other, and/or side-by-side units, containing
off-street parking, outdoor recreation facilities, landscaped areas
and other appurtenant facilities.
DWELLING, MULTIFAMILY
Shall mean a structure or building intended for occupancy
as separate living quarters for more than two families, with separate
cooking, sleeping and sanitary facilities for the exclusive use of
the occupants of each unit.
DWELLING, ONE-FAMILY
Shall mean a building which is completed surrounded by permanent
open space occupied or intended for occupancy exclusively by one family,
with cooking, sleeping and sanitary facilities for the use of the
occupants of the dwelling unit; also referred to as a "single-family
dwelling."
DWELLING, RESIDENCE OR APARTMENT
Shall mean a building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons,
including one-family, two-family and multiple-family dwellings and
apartment hotels, tourist cabins, trailers or trailer courts.
DWELLING, TOWNHOUSE
Shall mean a one-family dwelling in a row of 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 common fire-resistant walls.
DWELLING, TWO-FAMILY
Shall mean a building occupied or intended for occupancy
as separate living quarters for no more than two families, with separate
access, cooking, sleeping and sanitary facilities for the exclusive
use of the occupants of each unit, which units are separated from
each other by vertical walls to the underside of the roof or by horizontal
floors; also referred to as "duplex dwelling."
EXISTING GRADE
Shall mean the vertical location of the existing ground surface
prior to cutting or filling.
FACE OR FACE OF THE BUILDING
Shall mean the wall of the building directly facing the street.
In the case of a building without any wall parallel to the street,
face or face of the building shall mean the wall most nearly parallel
to the street.
FACTORY RETAIL OUTLET
Shall mean the retail sale of goods or products from a warehouse
or industrial building as an accessory use to the principal building,
selling only those items which are manufactured in the industrial
building or part of the stock of the warehouse.
FAMILY
Shall mean a group of individuals not necessarily related
by blood, marriage, adoption or guardianship living together in a
dwelling unit as a single housekeeping unit under a common housekeeping
management plan based on an intentionally structured relationship
providing organization and stability.
FAMILY DAY CARE HOME
Shall mean any private residence approved by the Division
of Youth and Family Services or an organization with which the division
contracts for family day care in which child care services are regularly
provided to no less than three and no more than five children for
no less than 15 hours per week. A child being cared for under the
following circumstances is not included in the total number of children
receiving child care services:
a.
The child being cared for is legally related to the provider;
or
b.
The child being cared for as part of a cooperative agreement
between parents for the care of their children by one or more of the
parents, where no payment for the care is being provided.
FAST FOOD RESTAURANT
Shall mean an establishment whose principal business is the
sale of prepared or rapidly prepared food directly to the customer
in a ready-to-consume state for consumption either within the restaurant
building, in cars on the premises, or off the premises.
FINISHED GRADE
Shall mean the final grade or elevation of the ground surface
conforming to the proposed design that has been approved by the appropriate
approving authority.
FLAG LOT
Shall mean a lot whose configuration is one of reduced frontage
on a street (generally a width sufficient for use as a driveway or
future street), with the enlarged buildable portion of the lot located
to the rear of the lot at the end of the access drive.
FLOOR AREA RATIO
Shall mean the sum of the area of all floors of buildings
or structures compared to the total area of the site.
FLOOR AREA, RESIDENTIAL
Shall mean the sum of the gross horizontal areas of all stories
above grade, measured from the exterior face of the exterior walls,
or from the centerline of a wall constructed at the common lot line
separating two dwellings, including any space in an attic where the
floor to roof rafter height is more than seven feet, whether finished
or not, and excluding the area or the required garage or the existing
garage, whichever is less, and basements and nonhabitable areas such
as sheds. Porches and patios and decks shall be included in gross
floor area if they are more than 100 square feet and enclosed by walls
or wall-like structures for any combination of two or more planes
other than the planes formed by the principal structure.
GRADING
Shall mean any stripping, filling, stockpiling, or any combination
thereof, and shall include the land in its cut or filled condition.
GROSS FLOOR AREA
Shall mean:
a.
For the purpose of computing floor area in determining minimum
residential floor area: the area of floors computed by measuring the
outside dimension of the outside walls in a building, excluding the
floors of crawl spaces, cellars, porches, breezeways, patios, terraces,
garages and carports. The floor area of a second floor room or attic
shall be included if the ceiling height is at least seven feet, notwithstanding
that the room or attic has minor ceiling slopes, provided that these
walls are at least five feet in height.
b.
For the purpose of computing off-street parking requirements
and floor area ratio: the area of all floors computed by using the
dimension of the outside walls of a building.
HOTEL
Shall mean a structure that provides rental sleeping units
for temporary occupancy, in which the units have access to a common
interior hall or passageway.
IMPERVIOUS LOT COVERAGE
Shall mean the portion of a lot which is improved with principal
and accessory buildings, structures and uses, and including but not
limited to buildings, driveways, parking areas, tennis courts, garages,
walkways, patios, loading areas, swimming pools, and other impervious
materials. For the purposes of this chapter, gravel, pavers and related
material shall be considered impervious material. Detention or retention
basins shall be excluded from such calculations provided the same
are constructed of pervious material.
INDOOR RECREATIONAL FACILITIES
Shall mean facilities designed and equipped with indoor athletic
equipment contained entirely within the confines of a building, and
open to the public for a fee. Indoor recreational facilities may include,
but are not limited to, such related uses as health clubs, aerobic
exercise facilities, gymnasiums, bowling alleys, billiard rooms, golf
instruction, batting ranges, indoor tennis crafts and similar activities.
Movie theaters, concert halls, taverns, night clubs, dance clubs,
social clubs, cigar bars, interactive entertainment such as haunted
houses and indoor haunted facilities, boxing, kickboxing, wrestling,
cage fighting and similar activities shall not be considered indoor
recreational facilities.
INDUSTRY
Shall mean any activity involving the fabrication, manufacture,
assembly, or production of durable or nondurable goods.
INSTITUTIONAL USE
Shall mean a nonprofit, religious, or public use such as
a church, library, public or private school, hospital, or government
owned or operated building, structure or land used for public purpose.
JUNKYARD
Shall mean any area of land, with or without buildings, devoted
to the storage, keeping or abandonment of junk debris, whether or
not it is in connection with the dismantling, processing, salvage,
sale or other use or disposition thereof of any material whatsoever.
LOT
Shall mean a parcel or portion of land, exclusive of any
adjoining street, legally separated or subdivided from or not contiguous
to other parcels or portions in the same ownership.
LOT AREA
Shall mean a total square unit, contents included, within
a lot measured in feet.
LOT DEPTH
Shall mean the mean distance between the front and rear lot
lines measured from the street line in the general direction of the
rear lot line. If a lot shall not have a parallel rear and front lines,
the average of such depths taken at ten foot intervals and perpendicular
to the front street line throughout the width of the lot, shall constitute
the average depth of the lot.
LOT FRONTAGE
Shall mean the length of the front lot line measured at the
street right-of-way line.
LOT LINE
Shall mean any line, including the street line, forming a
portion of the exterior boundary of a lot.
LOT LINE, FRONT
Shall mean the line which separates the publicly owned or
controlled street right-of-way from the private property which abuts
upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan of the
Township, the "front lot line" shall be considered to be the proposed
right-of-way line for the street.
LOT LINE, REAR
Shall mean the lot line opposite and most distant from the
front lot line.
LOT LINE, SIDE
Shall mean any lot line other than a front or rear lot line.
LOT WIDTH
Shall mean the horizontal distance between the side lines
of a lot measured at right angles to its depth along a straight line
parallel to the front lot line at the minimum required building setback
line.
MASSAGE
Shall mean any method of pressure on or friction against,
or stroking, kneading, rubbing, tapping, pounding, manipulation, or
stimulating the external parts of the body, with or without the aid
of any mechanical or electrical apparatus or appliances, with or without
supplementary aids such as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments, or similar preparations.
MECHANICAL AMUSEMENT DEVICE
Shall mean any machine, which, upon the insertion of a coin,
slug, token, plate or disc, may be operated by the public generally
for use as a game, entertainment or amusement, whether or not registering
a score. It shall include such devices as marble machines, pinball
machines, mechanical bowling machines and all games, operations or
transactions similar thereto under whatever name they may be indicated.
MEZZANINE
Shall mean an intermediate level or levels between the floor
and ceiling of any story with an aggregate floor area of not more
than one-third of the area of the room in which the level or levels
are located.
NIGHT CLUB
Shall mean an establishment dispensing liquor and meals and
in which music, dancing, or entertainment is conducted. See Tavern.
NONCONFORMING BUILDING
Shall mean a building lawfully existing at the time of the
adoption of this chapter, or any subsequent amendment thereto at a
later date, and which does not conform with the regulations of the
zone in which it is located.
NONCONFORMING USE
Shall mean a use which was lawfully exercised within a building
or on land which is not permitted in the zone at the time of adoption
of this chapter or any subsequent amendment thereto.
OFFICE BUILDING
Shall mean a building used primarily for conducting the affairs
of a business, profession, service or industry or like activity and
may include ancillary services for office workers, such as a restaurant,
coffee shop, newspaper or candy stand and child care facilities.
OFFICE, GENERAL
Shall mean a room or group of rooms used for conducting the
affairs of a business, profession, service or industry and generally
furnished with desks, tables, files, and communications equipment.
OFFICE, HOME
Shall mean a home occupation consisting of the office of
a practitioner of a recognized profession, including for purposes
of this ordinance, physician, dentist, attorney-at-law, architect,
artist, real estate broker, accountant, bookkeeper, engineer, planner
or person of like profession, which office is located within the residence
of the person who practices such profession.
PARKING AREA
Shall mean any public or private area, under or outside of
a building or structure, designed, designated, and used for parking
motor vehicles; including parking lots, garages, private driveways,
and legally designated areas of public streets.
PARKING SPACE
Shall mean a rectangular area either outdoors or enclosed
within a structure and used for off-street parking of motor vehicles.
PERSONAL SERVICES
Shall mean establishments primarily engaged in providing
services involving the care of a person or his or her personal goods
or apparel, including the following: laundry, including cleaning and
pressing service, linen supply, diaper service, beauty shop, barber
shop, shoe repair, steam baths, reducing salons and health clubs,
clothing rental, locker rental, porter service and domestic services.
PLANNED INDUSTRIAL PARK
Shall mean an area consisting primarily of industrial uses
which is planned, developed, operated and maintained as a single entity
with appurtenant common or public open space areas.
PRIVATE GARAGE
Shall mean a detached, enclosed accessory building or portion
of a main building used for the storage of one or more motor vehicles
maintained for the convenience of the principal building occupant(s)
and wherein no business is conducted.
PRIVATE SWIMMING POOL
Shall mean any artificially constructed basin or other structure
for the holding of water for use by the possessor, his family or guests
for swimming, diving and other aquatic sports and recreation. "Swimming
pool" does not include any temporarily erected plastic, canvas or
rubber pool holding less than 50 gallons of water or having a depth
of 24 inches or less.
PROFESSIONAL OFFICE
Shall mean the office of a dentist, physician, attorney,
clergyman, accountant, engineer, architect, professional planner,
insurance agent, real estate agent, or other similar generally recognized
professional licensed by the State of New Jersey.
PUBLIC BUILDINGS
Shall mean a structure owned and operated by a governmental
agency.
PUBLIC GARAGE OR FILLING STATION
Shall mean any building used for, or land on which is conducted
or rendered, a business or service involving any one or more of the
storage, maintenance, servicing or washing of motor vehicles.
PUBLIC UTILITIES
Shall mean a State regulated enterprise with a franchise
for providing to the public a utility service deemed necessary for
the public health, safety and welfare.
RESIDENTIAL CLUSTER
Shall mean an area to be developed as a single entity according
to a plan containing residential housing units and which has a common
or public open space area as an appurtenance.
RESTAURANT, CONVENTIONAL
Shall mean a business or establishment where food or beverages
are sold or dispensed for consumption by patrons who are served within
the building at tables.
RESTAURANT, TAKE-OUT
Shall mean an establishment or business which is essentially
designed to dispense a limited variety of food and beverages, which
are so prepared, packaged in paper or in other types of disposable
wrappers and containers, in a form for off-premises consumption. Such
establishments may have a limited number of tables, but most of the
food and beverages are sold for off the premises consumption.
RESTAURANTS, DRIVE-THRU
Shall mean an establishment where food and/or beverages are
sold in a form ready for consumption, where all or a significant portion
of the consumption takes place or is designed to take place outside
the confines of the restaurant, and where ordering and pick-up of
food takes place from an automobile.
RETAIL FOOD ESTABLISHMENT
Shall mean any facility in which food or drink is sold primarily
for off-premises preparation and consumption. The total gross floor
area shall not exceed 20,000 square feet.
RETAIL SALES ESTABLISHMENTS
Shall mean establishments engaged in the selling or rental
of goods or merchandise to the general public and in rendering services
incidental to the sale of such goods.
RETENTION BASIN
Shall mean those areas which exist or are created for the
storage of stormwater and absorption of this water into the ground.
SCHOOL, BUSINESS
Shall mean any building or part thereof which is used for
education or instruction in the trades, commercial skills, arts, and
similar activities which do not qualify as a public or private school
which meet State requirements for elementary or secondary education.
SCHOOL, PRIVATE
Shall mean any building or group of buildings which meet
State requirements for elementary, secondary or higher education,
and which use does not secure the major part of its funding from any
State or governmental agency.
SELF-STORAGE FACILITY
Shall mean a building or group of buildings containing separate,
individual and private storage spaces of varying sizes available for
lease or rent for varying periods of time. The storage of hazardous
and flammable chemicals and explosives; wholesale or retail commercial
uses; auctions or garage sales; any type of fabrication or manufacturing
activity; the servicing or repair of any vehicles, boats, tools or
equipment; the use of any power tools or similar equipment not for
the express use in the maintenance and repair of the self-storage
facility; and, the operation of any transfer and storage business,
are not permitted.
SEXUAL CONDUCT
Shall mean human masturbation, sexual intercourse or any
touching of the genitals, pubic areas or buttocks of the human male
or female, or the breasts of the female, whether alone or between
members of the same or opposite sex or between humans and animals
in an act of apparent sexual stimulation or gratification.
SHOPPING CENTER
Shall mean a group of three or more commercial establishments
planned, designed and constructed as a total entity. Parking, circulation,
storm water management, landscaping, lighting and signage shall be
designed within the framework of an integrated and unified design
in accordance with an approved site plan.
SHORT-TERM RENTALS
Shall mean any dwelling unit, or portion thereof, rented
by the property owner, for income-producing purposes, to a person
or group for a period of less than 30 consecutive days. Short-term
rentals shall not be permitted in any zone.
[Added 6-24-2024 by Ord. No. 2024-09]
SIGN
Shall mean and include every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building, illuminated sign and temporary sign, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person, service or product, when the same is placed out-of-doors in view of the general public. (See Article
X for classification of sign types.)
SINGLE OWNERSHIP
Shall mean ownership of a separate parcel or tract of real
property not contiguous to land in the same ownership, or if contiguous
to land in the same ownership, is legally separated therefrom.
SITE PLAN
Shall mean a map showing proposed buildings, parking areas, driveways, signs, lighting, landscaping, and utility systems and as further defined under Article
IX.
SLOPE
Shall mean the degree of deviation of a surface from the
horizontal, expressed in percent or degree, based on elevation intervals
of 10 feet.
SOCIAL CLUB OR LODGE
Shall mean an association of persons for promotion of some
nonprofit common objective, such as literature, science, politics,
good fellowship, etc., meeting periodically, limited to members and
their guests. The sale of alcoholic beverages to members and their
guests may be allowed, provided it is secondary and incidental to
the promotion of some other common objective by the organization and
is allowed by law.
SPECIALTY FOOD STORE
Shall mean a retail store specializing in a specific type
or class of foods, such as an appetizer store, bakery, butcher, delicatessen,
fish market, or gourmet shop. The total gross floor area shall not
exceed 20,000 square feet.
SPECIFIED ANATOMICAL AREAS
Shall mean:
a.
Less than completely and opaquely covered human genitals, pubic
region, buttock and female breast below a point immediately above
the top of the areola.
b.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Shall mean:
a.
Human genitals in a state of sexual stimulation or arousal.
b.
Acts of human masturbation, sexual intercourse or sodomy.
c.
Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
STORY
Shall mean that portion of a building included between the
surface of any floor above the average elevation of ground at the
foundation wall and the surface of the next floor above it or, if
there is no floor above it, then the space between the floor and the
ceiling next above it.
STORY, FIRST
Shall mean the lowest story that begins at grade, provided
that on a sloping lot, the first stop shall be the story that has
a minimum of 50% of its floor-to-ceiling height above grade.
STORY, HALF
Shall mean a space under a sloping roof that has the line
of intersection of the roof and wall face not more than three feet
above the floor level, and in which space the possible floor area
with head room of five feet or less occupies at least 40% of the total
floor area of the story directly beneath.
STORY, SECOND
Shall mean the story that is above the first story as herein
defined.
STREET LINE
Shall mean that line determining the limit of the rights-of-way
of the public, either existing or contemplated by the Master Plan
of Fairfield Township. Where the definite right-of-way width has not
been established or is not specified in the adopted Master Plan of
Fairfield Township, the "street line" shall be assumed to be at a
point 25 feet from the center line of the existing road surface.
STRIP SHOPPING CENTER
Shall mean a commercial use or uses having a linear orientation
that is approximately parallel to a roadway(s). The major portion
of the parking serving the center is located between the commercial
building and the roadway.
STRUCTURE
Shall mean an object consisting of one or more materials
which is constructed, erected or placed below, upon or above the ground
or attached to something having such location.
SUPERMARKET
Shall mean a store selling a variety of goods such as food,
meats, baked goods, fruits and vegetables, drugs and pharmaceuticals,
household supplies, film, package liquors and similar products.
TATTOO PARLORS
Shall mean an establishment or business primarily engaged
in providing the service of marking a person's skin with indelible
patterns. The term "tattoo parlor" specifically includes body piercing.
TAVERN
Shall mean an establishment in which alcoholic beverages
are served, primarily by the drink, and where food or packaged liquors
may also be served or sold.
TEMPORARY STORAGE CONTAINER
Shall mean a container designed for the outdoor storage of
personal property for temporary use and delivered and removed by vehicle.
THROUGH LOT
Shall mean a parcel of land which extends through from one
street to another.
TRANSMISSION FACILITIES
Shall mean facilities which involve satellite sending and
receiving antennas and/or standard sending and receiving antennas
along with transmitting and receiving equipment.
TRAVEL TRAILER
Shall mean an enclosed mobile vehicle designed and constructed
so as to permit occupancy for dwelling or sleeping purposes on a temporary
basis and to be moved about on wheels. For the purpose of this chapter,
"travel trailer" shall be construed to include vehicles having a self-contained
means of locomotion and collapsible camping trailers.
WAREHOUSE
Shall mean a building used primarily for the storage of goods
and materials.
WAREHOUSE TRADE
Shall mean establishments primarily engaged in selling merchandise
to other businesses, including retailers, industrial, commercial,
institutional, professional business users, or other wholesalers.
YARDS
a.
FRONT YARDshall mean an open, unoccupied space (unless occupied by a use as hereafter specifically permitted) extending across the full width of the lot and lying between the front street property line and the nearest point of any building on the lot. Any lot abutting a street which is less than 50 feet in width shall be construed as having a front street property line or side street property line located 25 feet from the center line of the street. Notwithstanding the foregoing, any lot abutting a street shown as greater than 50 feet on the Master Plan or Official Map shall provide a front yard or side street setback measured from the right-of-way required therein. The depth of the front yard shall be measured perpendicular to the building at the closest point to the front lot line.
b.
SIDE YARDShall mean an open, unoccupied space (unless occupied by a use as hereinafter specifically permitted) on the same lot with the principal building located between the closest point of the principal building and the side lot line, extending from the front yard to the rear yard.
c.
REAR YARDShall mean an open, unoccupied space (unless occupied by an accessory building or use as hereinafter specifically permitted) extending across the full width of the lot between the closest point of the principal building on the lot and the rear lot line. On corner lots, the "rear yard" shall be opposite the shorter of the two street frontages. The depth of the rear yard shall be measured perpendicular to the building at the closest point to the rear lot line.