Unless otherwise expressly stated,
the following words and phrases shall be construed throughout this
chapter to have the meanings herein indicated:
ACCESSORY BUILDING OR USE
A building or use subordinate in area, extent and purpose
to the principal building or use on a lot and used for purposes customarily
incidental to those of the principal building.
ADULT BOOK AND/OR GIFT STORE
An establishment having as a substantial or significant portion
of its stock-in-trade gifts, devices, books, magazines and other periodicals
which are distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, as hereafter defined, or an establishment
with a segment or section devoted to the sale or display of such material.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity for fewer than 50 persons
used for showing material distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas, as hereafter defined, for observations
by patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
used for showing material distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas, as hereafter defined, for observations
by patrons therein.
AMUSEMENT PARLOR OR ARCADE
Any place or premises where any machine or device is located,
the primary purpose of which is to make said machines available to
the public. If more than 10% of the floor area devoted to the public
is utilized for machines or there are more than eight machines, whichever
is more restrictive, the use or premises shall be considered an amusement
parlor.
BASEMENT (CELLAR)
The portion of a building that is partly below the average
finished grade of the ground adjoining the building.
BIG BOX RETAIL
Large retail establishment of over 50,000 square feet used
for wholesale and retail purposes.
[Amended 11-23-2021 by Ord. No. 2021-16]
BOARDINGHOUSE
A dwelling in which rooms without cooking facilities may
be leased to persons, principally nontransients.
BREWERY/DISTILLERY
An establishment that manufactures and sells alcoholic products
in-house.
[Added 11-23-2021 by Ord.
No. 2021-16]
BUILDING
Any temporary or permanent structure having a roof supported
by columns, piers, or walls and intended for the shelter, housing
or enclosure of any individual, animal, process, equipment, goods
or materials of any kind. "Building" shall also be any unroofed platform.
"Building" shall also include receiving and transmitting radio, television
and other communications equipment antennas, except for such antennas
installed on the roof of a building and extending no more than 15
feet above the highest level of the roof of such building.
BUILDING LINE
The boundary line along a street beyond which buildings must
not project. Pad site structures must adhere to building line regulations
where all other structures adhere to setback regulations.
[Added 11-23-2021 by Ord.
No. 2021-16]
BUILDING, TEMPORARY
Any structure which is not intended to be used for more than
four consecutive months of any calendar year and which is completely
disassembled subsequent to each period of use.
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 the New Jersey
Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act, P.L. 2021, c. 16 (the "Act"), for use in cannabis products as
further defined in the Act.
[Added 7-13-2021 by Ord.
No. 2021-13]
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 7-13-2021 by Ord.
No. 2021-13]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer or a cannabis distributor as defined
in the New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act, P.L. 2021, c. 16 (the "Act").
[Added 7-13-2021 by Ord.
No. 2021-13]
CANTILEVERING (RESIDENTIAL)
To allow for modest improvements of homes in the community
without negatively impacting flooding or proportionality, a home may
be cantilevered no more than two feet over the foundation. Such cantilever
may occur on only two sides and must be opposite sides. Such a cantilever
shall not be included in building coverage. The area of the cantilever
in excess of the permitted two feet on two parallel sides shall be
included and counted as part of the building coverage.
CLINIC
Place used for the care, diagnosis and treatment of sick,
ailing, infirm or injured persons and those who are in need of psychiatric
counseling or medical, dental or surgical attention but who are not
provided with board or room or kept overnight on the premises.
CLUB or LODGE
A corporation, association or group of persons formed for
social, educational or recreational purposes, not for profit.
COMMERCIAL ENTERTAINMENT
The rendering of entertainment, as opposed to products or
services, to the general public. Commercial entertainment includes
theaters and auditoriums, and indoor amusement/entertainment facilities
such as arcades, pool and/or billiard rooms.
[Added 11-23-2021 by Ord.
No. 2021-16]
COMMERCIAL RECREATION
Sport-type uses such as bowling, soccer, ice skating, wrestling,
batting cages, golf driving ranges, trampoline or similar uses.
[Added 11-23-2021 by Ord.
No. 2021-16]
COMMUNITY CENTER
Any building or buildings and the lot upon which they are
located which are publicly owned or operated to serve the community
in which they are located. Such a use may include indoor and outdoor
recreational facilities, public meeting rooms, libraries and rooms
for the dispensing of counseling, guidance or clinical services but
may not include residential uses.
COMPLETE APPLICATION
An application form, completed as specified by ordinance
and the rules and regulations of the Planning Board or Zoning Board
of Adjustment, and accompanying documents required by ordinance for
approval of the application for development, including but not limited
to a site plan.
[Amended 4-27-2021 by Ord. No. 2021-05]
CONTRACTOR SHOWROOM
An establishment used to display and place orders for windows,
doors, cabinets, countertops, carpets, recreational structures, and
similar items that are delivered to the customer's home or business.
A contractor showroom shall not include establishments wherein customers
leave the site with merchandise.
[Added 11-23-2021 by Ord.
No. 2021-16]
COURT, INNER
An open space enclosed on all sides by exterior walls of
a building.
COURT, OUTER
An open space enclosed on three sides by exterior walls of
a building. Its length shall be measured as the horizontal distance
between the exit opening on a street or yard and the end opposite
such street or yard.
COVERAGE BY IMPERVIOUS SURFACES
The portion of a lot covered by all buildings, asphalt or
concrete paving, paver stone, tile or block, sidewalks, swimming pool,
porches and exterior stairs or other impervious surfaces which prevent
water absorption to the ground.
COVERAGE, BUILDING
The area covered by all buildings on a lot, expressed as
a percentage of the total lot area.
CULTIVATION
The growing, cultivation, or production of cannabis. Cannabis
cultivation may include limited cannabis processing, provided that
the cannabis cultivator possesses the required state cannabis manufacturer's
license and subject to the limitations contained within this chapter.
[Added 7-13-2021 by Ord.
No. 2021-13]
DECK
An outdoor unroofed platform supported by columns, piers
or walls or other supports that allow water to flow through and into
the ground below.
DRIVE-IN ESTABLISHMENT
Premises constructed to dispense services to motorists without
having to leave the vehicle and providing curb and/or window counter
service.
DRIVE-IN/DRIVE-THROUGH RESTAURANT
A building or portion thereof where food or beverages are
sold in a form ready for consumption and where a portion of the consumption
takes place outside the building, as for example a motor vehicle on
site.
DWELLING
A structure or portion of a structure on a lot which is arranged
or used or intended to be used for one or more individuals living
together as a single housekeeping unit. Every dwelling unit shall
have, at a minimum, cooking, living, sanitary and sleeping facilities.
DWELLING, DETACHED
A building designed for and occupied by a single household
which has no party walls in common with any other structure.
DWELLING, PATIO HOME
A single-family dwelling unit arranged on a lot of at least
the minimum required size and dimension with no side yard on one side
of the dwelling and in which the entire rear yard is fenced, walled
or otherwise screened.
DWELLING, TOWNHOUSE STACKED
A townhome in which one unit is "stacked" on top of the other,
up to two units total. Each of the units in a stacked townhome must
have its own exterior entrance.
[Added 11-23-2021 by Ord.
No. 2021-16]
DWELLING UNIT, TOWNHOUSE
One of a series of single-family dwelling units attached
by a common wall between it and the adjacent unit or units, together
with individual front and rear entrances and yards designed as an
integral part of each unit and having been constructed in conformity
with an approved subdivision and site development plan.
[Added 11-23-2021 by Ord.
No. 2021-16]
ENGINEER
The duly appointed Engineer of the Township of Pequannock.
FAST-FOOD RESTAURANT
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food in a ready-to-consume state
for consumption within the building or off premises.
FENCE
A barrier greater than 2 1/2 feet in height made of
posts and wires, boards or other similar material.
FLOOR AREA RATIO
The aggregate floor area, in square feet, of all buildings
on a lot divided by the square-foot area of such lot.
FLOOR AREA, AGGREGATE
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot, measured from the exterior
faces of exterior walls or from the center line of party walls separating
two buildings, excluding roof areas, terraces or balconies, and cellar
and basement areas used only for storage or for the operation and
maintenance of the building, and further excluding any areas devoted
only to accessory off-street parking or loading.
FRONT YARD SETBACK
The area between the line parallel to the street line at
a distance therefrom equal to the depth of the front yard required
for the district in which the lot is located and the street line,
which area shall be open and unoccupied.
GARAGE
A building accessory to the principal use on a lot for the
storage of motor vehicles, either for or without compensation.
GRADE PLANE
The reference plane representing the average of finished
ground level adjoining the building at all exterior walls. Where the
finished ground level slopes away from the exterior walls, the reference
plane shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building.
HEIGHT OF BUILDING
The vertical distance of a structure derived from the average
finished grade at the foundation corners of the building or structure,
including additional measurements at the center of all exterior side,
front and rear building walls, to the highest point of the building
or structure, excluding a chimney or other similar structures.
HOME OCCUPATION
An accessory use of a dwelling unit for gainful employment.
[Added 11-23-2021 by Ord.
No. 2021-16]
HOSPITAL
An institution providing health services and medical or surgical
care of the sick or injured, both as inpatients and as outpatients,
including, as an integral part of the institution, such related facilities
as laboratories, training facilities, central service facilities and
staff offices.
HOTEL
A building or part thereof which contains 48 or more rented
rooms without cooking facilities, served by a common entrance.
JUNKYARD
A lot, land or structure or part thereof used primarily for
the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material or for the collecting, dismantling,
storage or salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof. An automobile junkyard shall consist
of the storage of three or more unlicensed automobiles for the purpose
of salvaging used parts therefrom or reducing said automobile to scrap,
whether or not said use is accessory to a permitted use.
LIMITED CANNABIS PROCESSING
The drying, compounding, extraction, and/or conversion of
usable cannabis into cannabis resins as an activity accessory to and
performed in conjunction with a principle cannabis cultivation use
on or at the same facility. It is recognized that limited cannabis
processing requires a State of New Jersey cannabis manufacturing license;
however, limited cannabis processing is the only manufacturing activity
permitted in the Township.
[Added 7-13-2021 by Ord.
No. 2021-13]
LOADING SPACE
A portion of a lot contiguous to a building which is set
aside for the parking of vehicles while materials or goods are being
loaded or unloaded.
LOT
Any parcel of land which is occupied or intended to be occupied
by a building or buildings and its accessory buildings, together with
the required open spaces and accessory uses appurtenant to such building
or group of buildings.
LOT DEPTH
The average horizontal distance between front and rear lot
lines, measured in the general direction of its side lot lines. In
the case of an irregularly shaped lot which comes to a point in the
rear, the lot depth shall be the distance of the perpendicular line
extending from the center of the rear lot line to the street.
LOT FRONTAGE
Shall be the same as lot width except in the case of flag
lots where it shall be a minimum of 50 feet.
LOT LINE, REAR
The lot line generally opposite to the street line; if the
rear lot line is less than 10 feet in length or if the lot comes to
a point in the rear, the rear lot line shall be deemed to be an imaginary
line parallel to the street line not less than 10 feet long lying
furthest from the street line.
LOT LINE, SIDE
The lot lines extending from the street line to the rear
lot line.
LOT WIDTH
The lot width shall be measured at the front yard setback
line.
LOT, CORNER
A lot abutting on two or more intersecting streets. A lot
abutting a curved street shall be deemed to be a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect at an interior angle of 135°
or less.
LOT, THROUGH
A lot having street frontage both in front and to the rear.
MACHINE or DEVICE
Any coin-operated automatic amusement game, including, but
not to the exclusion of other devices, those devices known as "roulette,"
"baseball," "pinball," "shooting games," "video-type games or machines"
or similar devices that use a display screen which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice or
other opening, will commence operation, which is maintained or used
within a public or quasi-public place. Each machine or device shall
have an unobstructed perimeter zone or distance of five feet around
the sides and front of said machine or device. Nothing herein contained
shall be construed to refer to vending machines for cigarettes, food,
confections, music or merchandise.
[Amended 4-27-2021 by Ord. No. 2021-05]
MASTER PLAN
The document or documents, as amended, which have been adopted
by the Pequannock Township Planning Board as the Master Plan of the
Township of Pequannock.
MEDICAL OFFICE
An outpatient institution which may be directly affiliated
with a hospital or medical complex, membership-based, and open to
the public as well as referred patients. Such building is used primarily
by physicians to examine and consult with patients. The following
facilities shall not be considered a medical office: ambulatory surgery
centers, imaging centers, medical or dental laboratories, urgent care
facilities, long-term acute care hospitals or specialty hospitals.
[Added 11-23-2021 by Ord.
No. 2021-16]
MEDICAL OR DENTAL LAB
A facility or office for performing diagnostic or medical
test (such as but not limited to blood test, urinalysis, CT scan,
x-ray, or other diagnostic test); and performing analysis of such
tests.
[Added 11-23-2021 by Ord.
No. 2021-16]
MOBILE HOME(S)
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. It
does not include recreational vehicles or travel trailers.
MOTEL
A building or group of buildings containing rented rooms
which have direct outside access (the term "outside access" to include
access to open or screened porches), including establishments designated
as "motor inn," "tourist court," "tourist cabins" or "roadside hotel."
NONCONFORMING USE
A building or use, or both, which lawfully existed prior
to the enactment of a zoning ordinance or any amendment thereto and
which is continued after the effective date thereof although it does
not conform to the use regulations of the district in which it is
located.
NURSING HOME
A facility operated for the purpose of providing therein
lodging, board and nursing care to sick, invalid, infirm, disabled
or convalescent persons for compensation.
OUTDOOR DINING
The use of an adjacent, privately owned outside area by a
food or beverage establishment for the same eating and drinking activities
that occur within the establishment.
[Added 11-23-2021 by Ord.
No. 2021-16]
OUTDOOR DISPLAY
The use of any portion of a lot outside the enclosed portions
of a structure for purposes of display, sales or storage.
PAD SITE STRUCTURE
A standalone structure of less than 35,000 square feet, commonly
located on an outparcel, and typically located in the front of a larger
shopping center or strip mall.
[Added 11-23-2021 by Ord.
No. 2021-16]
PARKING SPACE
An open space or a garage, on a lot, used for parking of
motor vehicles and to which there is access from a street or aisle.
PERSONAL SERVICES
Services involving the care of a person or his or her personal
goods or apparel.
[Added 11-23-2021 by Ord.
No. 2021-16]
PET CARE ESTABLISHMENT
An establishment used as veterinary clinic, veterinary hospital,
animal boarding, kennel, or grooming business. A pet care establishment
shall permit a maximum of 100 square feet of ancillary retail sales.
[Added 11-23-2021 by Ord.
No. 2021-16]
PLANNER
The Township Planner of the Township of Pequannock.
PLANNING BOARD
The duly and legally appointed Planning Board of the Township
of Pequannock.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use
of the lot on which the building is located.
PROFESSIONAL OFFICE
The office of a member of a recognized profession, including
only the office of a realtor, an insurance agent, an architect, a
professional engineer, a lawyer or such similar professional occupation
which may be so designated by the Planning Board upon a finding by
such Board that such occupation is truly professional in character,
training and experience as a condition for the practice thereof. The
practice of such occupation shall in no way adversely affect the safe
and comfortable enjoyment of property rights in any zone in which
it is located to a greater extent than for the professional activities
listed herein. The issuance of a state or local license for regulation
of any gainful occupation need not be deemed indicative of professional
standing.
[Added 11-23-2021 by Ord.
No. 2021-16]
RESTAURANT
A building or portion thereof where food is commercially
sold for on-premises consumption to patrons seated at tables or counters.
RETAIL SALES
An establishment wherein goods, merchandise, produce, commodities
or similar articles are offered for sale or sold to the general public
or the ultimate consumer.
[Added 11-23-2021 by Ord.
No. 2021-16]
RETAIL SERVICES
The rendering of services, as opposed to products, to the
general public. Retail services include recreation services and facilities,
studios for the instruction of the arts, including dance studios,
gymnastics, or martial arts, museums, and galleries.
[Added 11-23-2021 by Ord.
No. 2021-16]
SERVICE STATION
A premises used for the retail sale of gasoline and other
fuels and oil and other lubricants for the operation of motor vehicles
and accessory uses.
SETBACK OR YARD REQUIREMENTS
For the purpose of measuring the yard dimension, the location
of the building wall closest to the property line shall constitute
the location of the building. No architectural projections, such as
a roof overhang or bay window, shall extend more than 1 1/2 feet
beyond the required setback.
SHOPPING CENTER
One or more buildings or parts thereof designed or existing
as a unit, occupied or to be occupied by one or more businesses for
the conduct of retail sales, with parking space.
[Added 11-23-2021 by Ord.
No. 2021-16]
SIDEWALK CAFES
The extension of the services of an existing restaurant preparing
and serving foods for consumption within an existing building, to
the extent that food is permitted to be served and consumed at tables
placed on the public sidewalk adjacent to and within the confines
of the frontage of that portion of the building in which the restaurant
is situated. A sidewalk cafe may contain readily removable tables,
chairs, temporary railings and planters but shall be otherwise unenclosed
by fixed walls and open to the air except for retractable awnings,
umbrellas or other nonpermanent covers, provided such covers do not
interfere with pedestrian circulation.
[Added 11-23-2021 by Ord.
No. 2021-16]
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any adjoining lot.
SITE PLAN
Plan for use and/or development of any lot, parcel or piece of land other than for a single one-family or single two-family residence and uses accessory thereto, prepared in accordance with the provisions of Article
X of this chapter.
SPECIFIED ANATOMICAL AREAS
(1)
Less than completely and opaquely covered human genitals, pubic
region, buttocks and female breasts below a point immediately above
the top of the areola.
(2)
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1)
Human genitals in a state of sexual stimulation or arousal.
(2)
Acts of human masturbation, sexual intercourse or sodomy.
(3)
Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
STORY
That part of any building, not including basements, comprised
between the level of one finished floor and the level of the next
higher finished floor or, if there is no higher finished floor, then
that part of the building comprised between the level of the highest
finished floor and the top of the roof beams.
STORY, HALF
Any space partially within the roof framing, where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet or more.
STREET
A street, improved to Township standards, which is one of
the following: an existing Township, county or state highway or street;
a street shown on an approved subdivision final plat; or a street
shown on the Official Map of the Township.
STREET LINE
The subdividing line between the street and the lot, across
which there is a permanent access to the lot.
STRUCTURE, MULTIFAMILY
An exclusively residential building designed for occupancy
by three or more families living independently of each other in units
attached at one or more common roofs, walls, or floors. Typically,
the unit's habitable area is provided on a single level with entrances
provided from a common corridor. A common lobby with elevators is
required when more than one story is built.
[Added 11-23-2021 by Ord.
No. 2021-16]
STRUCTURE, TOWNHOUSE
A series of adjoined one-family dwelling units that are separated
from the adjacent dwelling unit by an approved wall extending from
the foundation through the roof and structurally independent of the
corresponding wall of the adjoining unit. They have a totally exposed
front and rear wall to be used for access, light, and ventilation.
[Added 11-23-2021 by Ord.
No. 2021-16]
YARD, FRONT
An open, unoccupied space on the same lot with the building,
extending the full width of the lot and situated between the street
line and the front line of the building projected to the side lines
of that lot.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of any building.
The depth of a rear yard shall be measured at right angles to the
rear line of the lot or, if the lot is not rectangular, then in the
general direction of its side lot lines.
YARD, SECONDARY FRONT
(1)
On a corner lot, the open, unoccupied area facing the street
that is not associated with the front or main entrance of the principal
building.
(2)
An open, unoccupied space on the same lot with the building,
extending the full width of the lot and situated between the street
line and the non-principal side of the building projected to the side
lines of that lot.
YARD, SIDE
An open, unoccupied space between the side line of the lot
and the nearest point of the building and extending from the front
yard to the rear yard or, in absence of either of such yards, to the
street or rear lot line, as the case may be. The width of a side yard
shall be measured at right angles to the side lines of the lot.
ZONING OFFICER
The duly appointed Zoning Officer of the Township of Pequannock.
ZONING PERMIT
A document signed by the administrative officer which is
required by ordinance 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 complies
with the provisions of this chapter or variance therefrom duly authorized
by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
[Amended 4-27-2021 by Ord. No. 2021-05]