For the purpose of interpreting this chapter, certain words
and terms used herein are defined as follows:
A.
Word usage. All words used in the present tense include the future
tense; all words in the plural include the singular number, and all
words in the singular number include the plural number, unless the
natural construction of the wording indicates otherwise. Unless otherwise
specified, all distances shall be measured horizontally. The word
"building" includes the word "structure"; the word "lot" includes
the word "plot"; the word "used" shall be deemed also to include "designed,
intended or arranged to be used"; the term "erected" shall be deemed
also to include "constructed," "reconstructed," "altered" or "moved";
and the word "shall" is mandatory and not directory. The word "Township"
means the "Township of Nutley, in the County of Essex, State of New
Jersey." The terms "Board of Commissioners" or "Township Commissioners,"
"Board of Adjustment," "Planning Board," "Zoning Officer," "Construction
Official" and "administrative officer" mean the respective said boards
and officers of the Township.
B.
ACCESSORY BUILDING OR USE
ADMINISTRATIVE OFFICER
ADVERTISING SIGN
A-FRAME SIGN
AMUSEMENT DEVICE
ANIMATED SIGN
APPLIED LETTER
APPROVING BOARD
AREA IDENTIFICATION SIGN
ATTIC
ATTIC, HABITABLE
AUTO BODY SHOP
AUTOMOBILE SERVICE STATION
AWNINGS AND CANOPIES
AWNING SIGN
BALCONY
BANNER
BAR
BASEMENT
BEACON
BILLBOARD or OUTDOOR ADVERTISING SIGN
BOARDINGHOUSE or ROOMING HOUSE
BUILDING
BUILDING AREA
BUILDING LINE
BUILDING MARKER
BUILDING SIGN
BULKHEAD
BULLETIN BOARD
BUSINESS SIGN
CANOPY
CANOPY SIGN
CARPORT
CELLAR
CENTER LINE OF STREET
CERTIFICATE OF USE AND OCCUPANCY
CHANGEABLE MESSAGE
CIGAR
CIGAR LOUNGE
CIGAR SHOP
CLUB or CLUBHOUSE
COMMERCIAL MESSAGE
COMMERCIAL SCHOOL
COMMERCIAL VEHICLE
COMMON OWNERSHIP
COMPLETE APPLICATION
CONDITIONAL USE
CORNER LOT
COURT
COVERAGE
CURB LEVEL
DAY-CARE FACILITY
DECK
DECORATIVE MASONRY
DIRECTIONAL SIGN
DIRECTORY SIGN
DISCOUNT STORE
DISPLAY SURFACE AREA
DRIVEWAY
DRIVEWAY APRON
DWELLING
DWELLING UNIT
ELECTRONIC SMOKING DEVICE
EMERGENCY
ERECT
ESTABLISHMENT
EXEMPT SIGN
EXTERNALLY ILLUMINATED SIGN
FACADE
FAMILY
FAMILY DAY-CARE HOME
FLAG
FLASHING SIGN
FLAT SIGN
FLOOR AREA TOTAL
FREESTANDING OR GROUND SIGN
FRONT YARD
GARDEN APARTMENT
GASOLINE FILLING STATION
GENERATOR
HEIGHT OF BUILDING
HOME OCCUPATION OR PROFESSION: CATEGORY A (to be permitted in
R1, R-1A, R-1AA, R-2 and R-3 Zoning Districts on any floor)
HOME OCCUPATION OR PROFESSION: CATEGORY B (to be permitted in
R-1, R-1A and R-1AA Zoning Districts on first floor only)
HOSPITAL
HOTEL
ILLUMINATED SIGN
IMMEDIATE CARE FACILITY
IMPERVIOUS SURFACE COVERAGE
INCIDENTAL SIGN
INTERNALLY ILLUMINATED SIGN
JUNKYARD
LOADING SPACE OR BERTH
LOT
LOT COVERAGE
LOT DEPTH
LOT WIDTH
LUNCHEONETTE
MARQUEE
MARQUEE SIGN
MEDICAL LABORATORIES
MIXED USE BUILDING
MOBILE HOME
MOBILE HOME CAMP
MULTIFAMILY DWELLING
MUSEUM
NAIL SALON
NAMEPLATE SIGN
NEIGHBORHOOD RETAIL STORE
NEON SIGN
NONCOMMERCIAL SWIMMING POOL
NONCONFORMING LOT
NONCONFORMING SIGN
NONCONFORMING STRUCTURE
NONCONFORMING USE
NURSERY SCHOOL
NURSING HOME
OFFICIAL SIGN
OPEN PORCH
OPEN SPACE
OUTDOOR ADVERTISING SIGN
OUTDOOR CAFE
OUTDOOR SIDEWALK CAFE
OVERHANGING SIGN
OWNER
PARKING LOT
PARKING SPACE
PARKING SPACE - COMPACT CAR
PATIO
PENNANT
PERSON
PLACE OF PUBLIC ASSEMBLY
PLANNED RESIDENTIAL DEVELOPMENT
POLITICAL SIGN
PORTABLE SIGN
PORTICO
PREMISES
PRIMARY ROAD
PRINCIPAL BUILDING
PRINCIPAL USE
PRIVATE BUSINESS GARAGE
PRIVATE RECREATIONAL FACILITY
PRIVATE RESIDENTIAL GARAGE
PROFESSIONAL SIGN
PROJECTING SIGN
PROPERTY LINE
PUBLIC GARAGE
PUBLIC RIGHT-OF-WAY
PUMP ISLAND CANOPY SIGN
PYLON SIGN
REAL ESTATE OPEN HOUSE SIGN
REAL ESTATE SIGN
REAR YARD
RECREATIONAL VEHICLE
RESIDENTIAL DEVELOPMENT
RESTAURANT
RESTAURANT, DRIVE-IN
RESTAURANT FAST-FOOD
RETAIL STORE
RIGHT-OF-WAY
ROOF
ROOF SIGN
SALE
SATELLITE DISH
(1)
(2)
SENIOR CITIZEN HOUSING
SEPARATE OWNERSHIP
SERVICE ESTABLISHMENT, BUSINESS
SERVICE ESTABLISHMENT, PERSONAL AND HOUSEHOLD
SETBACK
SHOPPING CENTER OR MALL
SIDEWALK
SIDE YARD
SIGN
SIGN STRUCTURE
SINGLE-FAMILY DWELLING
SMOKE SHOP
STORY
STORY ABOVE GRADE
STORY, HALF
STREET
STREET LINE
STRUCTURE
TAKE-OUT FOOD ESTABLISHMENT
TATTOO PARLOR
TEMPORARY SIGN
TERRACE
TOWNHOUSE DWELLING GROUP
TOWNHOUSE STRUCTURE
TOWNHOUSE UNIT
TRUCK TERMINAL
TWO-FAMILY DWELLING
USABLE OPEN SPACE
USE
(1)
(2)
VAPE SHOP
WALL SIGN
WAREHOUSE
(1)
(2)
(3)
WINDOW
WINDOW SIGN
WIRELESS TELECOMMUNICATIONS ANTENNAS
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND
WIRELESS TELECOMMUNICATIONS FACILITY
WIRELESS TELECOMMUNICATIONS TOWER
ZONING OFFICER
Definitions.
A building or use clearly incidental and subordinate to the
principal use or building and located on the same lot with such principal
use or building.
The Nutley Township Clerk or his/her designee for purposes
of clerical and administrative functions as may be required in the
process of filing and processing of development applications; and
the Nutley Construction Official, and/or Zoning Officer for purposes
of technical review of development applications for purposes of determining
completeness of the application; determination of whether the public
hearing will be before the Planning Board or Board of Adjustment;
determination of what type of approval is sought (i.e., subdivision,
conditional use approval, site plan approval); and determination of
what variances are required.
A sign which directs attention to a business, commodity,
service or entertainment, conducted, sold or offered elsewhere than
upon the premises or not exclusively related to the premises.
An A-shaped temporary and easily movable ground sign with
a message on two sides, for advertising commodities, services or entertainment,
conducted upon the premises where the sign is located. A-frame signs
shall be no greater than two feet by three feet on each side and shall
be constructed of material compatible with the building where it is
situate. A-frame signs shall be prohibited from being located in any
township, county or state right-of-way.
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disk or key into a slot, crevice or
other opening or by the payment of any price, is operated or may be
operated by the public generally for use as a game, entertainment
or amusement, whether or not requesting a score, and shall include,
without limitation, such devices as pong or other types of electronically
operated game devices, skill ball, pinball or baseball games, mechanical
games, operations or transactions similar thereto, by whatever name
they may be called and shall not include pool or billiard tables,
mechanical device commonly known as "jukeboxes," and mechanical riding
machines intended for the use and entertainment of children. Amusement
devices shall include video-type games or machines or similar devices
that use a display screen for points, lines and dots of light that
can be manipulated to simulate games or other types of entertainment.
Any sign that uses movement or change of lighting to depict
action or the illusion of movement or create a special effect or scene.
A type of wall sign utilizing letters or a logo, individually
mounted on the facade of the structure to form the sign message.
The Nutley Planning Board for all applications except those
requiring a "d" variance under N.J.S.A. 40:55D-70, in which case the
approving board shall be the Nutley Board of Adjustment.
A sign to identify a common area containing a group of structures,
or a single structure, such as a residential subdivision, apartment
complex or shopping center, located at the entrance or entrances of
the area. Such signs may or may not consist of a fence or wall or
archway with letters or symbols affixed thereto.
A space directly below a pitched roof and located between
the roof rafters and the ceiling beams of the story below.
A habitable attic shall be an attic that has a code conforming
stairway as a means of access and egress and in which the ceiling
area at a height of seven feet above the attic floor is not more than
one-third the area of the next floor below. A habitable attic shall
not include a bedroom or bathroom unless authorized by applicable
codes. A habitable attic shall not include a kitchen.
An establishment which is used for auto body work, auto body
spray painting and auto body welding.
An establishment selling gasoline and/or diesel fuel or other
motor vehicle fuel at retail, and at which servicing and repair of
motor vehicles is offered.
Roof-like coverings, either retractable or nonretractable,
extending over a walkway, sidewalk or exterior place, supported by
a frame attached to the building and/or ground with a surface made
of fabric or a more rigid material, such as plastic or metal, and
either retractable against the building or fixed in place.
Any sign that is part of, attached to or printed on an awning,
canopy or other fabric, plastic or structural protective cover over
a door, entrance, window or outdoor service area.
A railed platform attached to an upper story of a structure
which does not extend more than three feet beyond the wall of the
structure and which does not have any contact with the ground.
Any sign printed or displayed upon cloth or other flexible
material, with or without frames. National flags, state or municipal
flags or the official flag of any not-for-profit institution shall
not be considered banners for the purposes of this chapter.
A room containing a public bar, counter or similar piece
of equipment designated for and used to facilitate the sale and dispensing
of alcoholic beverages by the glass or other open receptacle for consumption
on the licensed premises.
(Also see "story, above grade.") A portion of a building
the floor of which is below the mean grade at the building perimeter,
having at least 1/2 its height above grade.
A stationary or revolving light which flashes or projects
illumination, single color or multicolored, in any manner which is
intended to attract or divert attention; except, however, this term
is not intended to include any kind of lighting device which is required
or necessary under the safety regulations described by the Federal
Aviation Agency or similar agencies.
A sign which directs attention to a business, industry, profession,
political candidate, groups of candidates for public office, commodity,
service or entertainment not necessarily sold or offered upon the
premises where the sign is located.
A dwelling which contains sleeping accommodations for more
than two but not more than eight persons who are not members of a
family as defined in this article. The term "rooming house" shall
be deemed to include lodging house and boardinghouse, but not hotel
or any accommodations for transient occupancy.
Any combination of materials forming a construction, whether
installed on, above or below the surface of a parcel of land, and
containing a roof supported by columns or walls, used or intended
to be used for the shelter or enclosure of persons, animals or property.
[Amended 8-1-2023 by Ord.
No. 3521]
The area of a lot which is occupied by the largest perimeter
of a building, including uncovered porches and accessory structures.
A line established by this chapter beyond which no parts
of a building, other than those specifically excepted, shall extend.
The "building setback line" is a line parallel to the street right-of-way
line and removed from it by the depth of the required front yard.
Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry
surface or made of bronze or other permanent material.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
A structure above the roof of the building enclosing a stairway,
tank, elevator machinery, ventilating apparatus or other service equipment,
or such part of any shaft that extends above the main roof.
Any sign erected by a charitable, educational or religious
organization or public body, which is erected upon the same premises
as said institution, for purposes of announcing changing events.
A sign which directs attention to a permitted business, industry,
profession, commodity, service or entertainment sold or offered upon
the premises where such sign is located upon the premises and which
sign shall be deemed an integral part of that profession, office,
business, commercial enterprise or industry. A "for sale" or "to or
for rent" sign relating only to the premises on which it is displayed
shall be deemed a business sign.
See "awnings and canopies."
See "awning sign."
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides.
A portion of a building the floor of which is below the mean
grade at the building perimeter, having at least 1/2 its height below
grade. A cellar shall not be used as a dwelling unit.
A line midway between and parallel to the street right-of-way
lines.
The certificate issued by the Construction Official permitting
the occupancy of a building or the use of land in accordance with
the approved plans and specifications which certifies compliance with
the provisions of law for the use and occupancy of the building and
its several parts and/or the use of land, together with any special
stipulations or conditions of the construction permit or those established
pursuant to this chapter.
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign, including, without limitation, electronic or
digital message boards or tickers.
Any roll of tobacco wrapped in leaf tobacco or in any substance
containing tobacco.
[Added 5-16-2023 by Ord.
No. 3514]
Any establishment, or area within an establishment, designated
specifically for the smoking of tobacco products, purchased on the
premises or elsewhere; except that a cigar lounge that is in an area
within an establishment shall be an area enclosed by solid walls or
windows, a ceiling and a solid door and equipped with a ventilation
system which is separately exhausted from the nonsmoking areas of
the establishment so that air from the smoking area is not recirculated
to the nonsmoking areas and smoke is not backstreamed into the nonsmoking
areas.
[Added 8-1-2023 by Ord.
No. 3521]
A commercial establishment that sells full-sized, hand-rolled
cigars, and which derives at least 60% of its total annual gross sales
from the sale of such full-sized, hand-rolled cigars.
[Added 8-1-2023 by Ord.
No. 3521]
Premises or building reserved for the exclusive use of members
of an organization and their guests for civic, charitable, social
or recreational purposes not conducted for gain, provided that there
are not conducted any merchandising or commercial activities, except
as required by the membership for the purposes of such club.
Any sign wording, logo or other representation that, directly
or indirectly, names, advertises or calls attention to a business,
product, service or other commercial activity.
A school limited to special instructions, included, but not
limited to, art, business, dancing school, fine art, handicraft, music,
physical training or trades.
Every type of vehicle used for commercial purposes, such
as transportation of goods, wares, merchandise and passengers, excepting
vehicles of a passenger car type, passenger vans and pickup trucks
under 10,000 gross vehicle weight, including pickup trucks over 10,000
gross vehicle weight, tractors and/or trailer trucks, dual-wheel vehicles,
tow trucks, step vans, buses, dump trucks, flatbed trucks, backhoes,
front-end loaders and construction equipment of any kind in a residential
district.
Lots or parcels that are owned by the same person, persons
or legal entity.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance, and upon the issuance of an
authorization therefor by the Planning Board, or in the case of a
"d" variance, by the Board of Adjustment.
A lot fronting on two streets at their intersection.
Unoccupied open, uncovered space other than a yard. An "outer
court" is one which extends to the side, front or rear yard. An "inner
court" is any other court.
That percentage of the lot area covered by all buildings,
principal and accessory.
The mean level of the existing curb measured between the
side lot lines projected to the curb or, if there is no curb, the
mean level of the finished grade of the lot at the street line.
A facility the function and purpose of which is to provide
daily care for children of preschool or school age in a setting which
is staffed and equipped therefor in compliance with all applicable
requirements of law.
An unroofed platform either freestanding or attached to a
structure that is supported by pillars or posts.
Concrete or cinder block with a patterned or openwork face,
brick or stone.
A sign intended to direct or point toward a place or which
gives directions. Such signs shall carry no advertising copy describing
the activities carried on at the premises where such signs are located.
A sign listing the tenants or occupants of a building.
Any retail business whose general line of new merchandise
includes apparel, automotive parts, dry goods, hardware, groceries,
housewares and home furnishings, with none of the lines predominating
and whose name may include: Dollar, Discount, $0.99, Dollarama, A
Buck or Two, or similar language or any store that may be described
as a dollar or discount variety store with substantially all sales
of any individual unit of merchandise being promoted as limited to
$10 or less.
The net geometric area enclosed by the display surface of
the sign, including the outer extremities of all letters, characters
and delineations, the surfaces upon which they are presented, voids
between elements of the sign or any element of the display that goes
beyond the primary surface, whichever is greatest; provided, however,
that display surface area shall not include the structural supports
for freestanding signs; provided, further, that each side of a double-faced
sign as defined shall be considered in determining the display surface
area.
An area of land acceptably surfaced used to provide the vehicular
access into or travel within a lot.
That portion of a regularly established driveway lying between
a property line and any curb that is constructed out of concrete,
the purpose of which is to provide vehicular access from the street
across the curb, parkway and sidewalk to the property fronting thereon
or abutting thereto.
[Added 8-1-2023 by Ord.
No. 3521]
A permanent building or part of a permanent building designed
or used for permanent living quarters for one or more families and
not deemed to include hotels or other accommodations used for transient
occupancy, rooming houses, group quarters or mobile homes.
A dwelling or portion thereof designed for occupancy by one
family and having living, cooking, sleeping and sanitary facilities
for its exclusive use.
A device that can be used to deliver aerosolized or vaporized
nicotine to the person inhaling from the device, including, but not
limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
"Electronic smoking device" includes any component, part, or accessory
of such a device, whether sold separately, and includes any substance
intended to be aerosolized or vaporized during the use of the device.
[Added 5-16-2023 by Ord.
No. 3514]
The loss of primary power due to power outage beyond the
control of the property owner.
[Added 8-1-2023 by Ord.
No. 3521]
To construct, build, raise, assemble, place, affix, attach,
create, paint, draw or in any other way bring into being or establish,
but not including any of the foregoing activities when performed as
incidental to the normal maintenance or repair of a sign or sign structure.
An economic unit where business is conducted or services
or industrial operations are performed. More than one establishment
could be located at a single street address.
Any sign which does not require a sign permit to be issued
by the Township for its installation.
Any illuminated sign whose illumination is derived from an
external artificial source outside the display portion of the sign.
The total wall surface, including door and window area, of
a building's principal face. A mansard roof shall be considered as
part of the facade.
One or more persons related by blood, marriage or adoption
and foster children placed by the New Jersey Board of Child Welfare
or a duly incorporated child-care agency, living together as a single
housekeeping unit, and not more than two roomers or boarders; or a
group of persons, not necessarily related by blood or marriage, living
together as a bona fide, single nonprofit housekeeping unit.
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.
Any fabric or bunting containing distinctive colors, patterns
or symbols, used as a symbol of a government, political subdivision
or other not-for-profit institution.
An illuminated sign, the illumination of which is not kept
constant in intensity at all times when in use. Illuminated signs
that indicate the time, temperature, weather or similar public service
information, without other ancillary advertising or information, shall
not be considered flashing signs.
Any sign attached or erected parallel to, or painted upon,
the outside wall, fascia, awning, canopy or parapet of a building
and not extending more than nine inches from such outside wall, fascia,
awning, canopy or parapet.
Existing or potential area of all floors within a building,
measured from outside wall to outside wall.
Any sign supported by permanent structures or supports that
is placed on or anchored in the ground and that is independent from
any building or other structure, not exceeding five feet in height.
Space between the nearest point of the building and the front
property line, extending across the full width of the lot.
A multifamily dwelling which conforms to the regulations of Article IX of this chapter.
An establishment selling gasoline and/or diesel fuel or other
motor vehicle fuel at retail, and at which servicing and repair of
motor vehicles is not offered.
Reciprocating internal combustion engine and associated equipment,
including but not limited to fuel tanks, cover, piping, pad and transfer
switch, used to supply backup electric power when local utility is
unavailable, not including portable generators.
[Added 8-1-2023 by Ord.
No. 3521]
The vertical distance measured, in the case of flat roofs
exclusive of bulkheads, from the natural average level of the ground
along the front wall of the main structure to the highest point of
the roof beams adjacent to the street wall, and in the case of pitched
roofs, from the natural average level of the ground along the front
wall of the main structure to the mean height of the gable. When a
building faces on more than one street, the height shall be measured
from the average of the natural grades at the center of the wall of
the main structure which faces each street.
An occupation which is customarily carried on in a dwelling
by a member of the resident family, the occupation or profession being
clearly incidental and secondary to the use for dwelling purposes,
and not resulting in a change of character thereof. The home occupation
or profession practiced under Category A is one practiced by a single
individual with no employees and no clients who come to the home;
and which do not produce noise, smoke, vibration, dust, odor, heat,
glare or electrical disturbance which would adversely affect the quiet
enjoyment of life by nearby residents.
An occupation which is customarily carried on in a dwelling
by a member of the resident family, the profession or occupation being
clearly incidental and secondary to the use of the dwelling for dwelling
purposes. Such resident would be permitted to practice his or her
occupation with up to two additional employees at any one time; with
clients, customers, and students who visit the residence, with a demand
for parking space; but not producing noise, smoke, vibration, dust,
heat, odor, glare or electrical disturbance which would adversely
affect the quiet enjoyment of life of nearby residents.
An institution licensed by state law providing health services
primarily for human inpatient medical or surgical care for the sick
or injured and including related facilities such as laboratories,
outpatient departments and staff offices that are an integral part
of the facilities.
A building or group of buildings arranged or used for the
shelter and sleeping accommodation for pay of more than eight persons
not a family. The term "hotel" includes "motel," "tourist court" and
similar designations for sleeping accommodations for hire not conforming
to the definition of "rooming house."
A sign which is lighted by a self-contained interior light
or by lights projected or directed onto it.
A medical service staffed by licensed physicians for outpatient
care of humans where emergency or immediate service is customarily
rendered on a walk-in basis without appointment.
The percentage of lot area covered by buildings and paved
areas, including but not limited to swimming pools, driveways, patios,
decks, tennis or any other recreational courts, or any other paved
or concrete surfaces.
A sign, generally informational, that has a purpose secondary
to the use of the lot on which it is located, such as parking, directional
and warning signs, and signs reading "loading only," "telephone,"
"open/closed," "hours of operation" and other similar directives.
No sign with a commercial message legible from a position off the
lot on which the sign is located shall be considered incidental.
Any sign whose sole source of artificial illumination is
contained within the display portion of the sign, including neon-type
signs and internally and backlit signs.
Any area or structure used for the storage, sale or abandonment
of scrap materials or for the dismantling, demolition or abandonment
of vehicles, boats, machinery, fixtures or other goods or parts thereof.
Any off-street space not less than 10 feet wide and 25 feet
long surfaced to be available in all weather, suitable for the loading
or unloading of goods and having direct access to a street.
A parcel of land having frontage on a street and occupied
or capable of being occupied by a building or buildings, together
with the open spaces appurtenant to such building or buildings. Except
for subdivisions approved after January 1, 1979, or those lots or
parcels which conform to the Nutley Schedule of Regulations as to
Bulk, Height and Other Requirements,[1] all parcels that are situate in the same residential zone
and are contiguous, in common ownership and containing only one principal
conforming use shall be considered as merged into one lot for the
purposes of this chapter, notwithstanding anything to the contrary
on the Tax Map or elsewhere.
The total building area of all buildings on a lot including
all areas under a solid roof, enclosed with walls. Lot coverage shall
also include all accessory structures, balconies, garages, carports,
porte-cocheres, overhangs, decks, porches and exterior stairways.
The mean distance from the street line to the rear lot line
measured in the mean direction of the side lines of the lot.
The mean width measured at right angles to its depth at the
building setback line.
An establishment serving food for on-premises or off-premises
consumption and limited to seating at tables or a counter for not
more than 20 patrons.
A type of canopy with a permanent roof-like structure projecting
beyond a building or extending along and projecting beyond the wall
of the building and possibly supported in part from the ground, generally
constructed above an entrance.
Any sign attached to, in any manner, or made a part of a
marquee.
As an accessory or a principal use, for testing or providing
analysis relating to the medical care of humans and excluding use
of animals for testing or experimentation.
A building containing more than one use such as professional and business offices, restaurants and bars which serve food (first floor only), service establishments (personal and household); retail stores; and residential (not permitted on the first floor), as outlined in the permitted use for each District as per Article V, General Regulations.
[Amended 2-19-2019 by Ord. No. 3414]
A vehicle or portable structure mounted or designed for mounting
on wheels used for dwelling purposes, including structural additions,
except parked or unoccupied recreational vehicles. Any such vehicle
or structure shall be deemed to be a "mobile home" whether or not
the wheels have been removed and whether or not resting upon a temporary
or permanent foundation.
A parcel of land occupied by two or more mobile homes in
use for living purposes.
Any dwelling under a single roof, with or without fire wall
partitions or party walls, containing three or more dwelling units.
An institution for the acquisition, preservation, study and/or
exhibition of works of artistic, historical or scientific value.
A nail salon includes any business whose primary business
is providing manicure, pedicure or other fingernail or toenail cosmetic
treatment. No nail salon shall be located within 500 feet of another
nail salon business; the distance between such nail salon businesses
shall be measured from the nearest entrance of the existing nail salon
to the nearest entrance of the premises where the other establishment
is sought to be located along the route that a pedestrian would normally
walk.
A sign which states the name or address, or both, of the
occupant of the premises where the sign is located and not exceeding
1 1/2 square feet in area.
A retail store designed to provide for the daily needs of
residents in the neighborhood, such as food stores, bakeries in which
all of the products are sold on the premises, drugstores, variety
stores, package liquor stores and stationery stores.
Self-luminous electric signs usually constructed of glass
tubing containing a vapor or gas configured to form a display or lettering.
An outdoor or indoor swimming pool or pool or swimming tank,
whether permanently installed, portable, collapsible or otherwise,
situated above or below grade level, with a wide water depth in excess
of 36 inches or a surface in excess of 120 square feet or a capacity
in excess of 1,400 gallons, designed or maintained upon any premises
by any person for use by himself, his family or guests, and shall
include all buildings, structures, equipment and appurtenances thereto.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Any sign that does not conform to the requirements of this
chapter.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
A facility the function and purpose of which is to provide
a structured, formal educational program for children of pre-elementary
school age which is staffed and equipped therefor in compliance with
applicable requirements of law.
A facility for medical or convalescent care of patients or
the elderly with full supervision and licensed by state law.
Any sign, symbol or device erected and maintained by the
federal government, State of New Jersey, County of Essex, the Township
or a public utility for the purpose of informing or guiding the public
or for the protection and promotion of the health, safety, convenience
and general welfare of the public.
A covered area attached to an entrance to a dwelling, not
enclosed by walls, glass, screens or otherwise, except for columns
and/or railings, which are no less than 50% open.
[Amended 8-1-2023 by Ord.
No. 3521]
Land within or related to a planned residential development,
not individually owned or dedicated for public use, that is designated
and intended for the common use or enjoyment of the residents of the
development and their guests, and which may include such complementary
permitted structures and improvements as are necessary and appropriate.
Impervious areas and buildings shall not be included in determining
the amount of open space.
See "billboard."
Any eating establishment where food and other refreshments
are served out of doors directly on the side of or to the rear of
any restaurant or other place of business where food and/or other
refreshments are served.
Any eating establishment where food and other refreshments
are served out of doors directly in front of any restaurant or other
place of business where food and/or other refreshments are served.
A sign suspended from a building marquee, awning, canopy
or a wooden or metallic bar where such sign is located within the
public right-of-way or other than parallel to the building facade.
Includes his duly authorized agent or attorney, a purchaser,
devisee, fiduciary and a person having a vested or contingent interest
in the property in question.
An area not within a building where passenger vehicles may
be stored for the purpose of short-term, daily or overnight off-street
parking.
An off-street space available for the parking of one motor
vehicle and having minimum dimensions of nine feet in width and 18
feet in length, exclusive of passageways and driveways appurtenant
thereto and giving access thereto, and having direct usable access
to a street.
An off-street space available for the parking of one motor
vehicle and having minimum dimensions of 7.5 feet in width and 15
feet in length, exclusive of passageways and driveways appurtenant
thereto and giving access thereto, and having direct usable access
to a street. No more than 20% of the parking requirement may consist
of compact parking spaces.
A level, landscaped and/or surface area, also referred to
as a terrace, attached or adjacent to a structure or within 30 inches
of the finished grade and not covered by a structure.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually, but not necessarily, in series, designed to move
in the wind.
Any individual, association, company, corporation, firm,
organization, partnership, private or governmental entity.
A structure, room or space used as a gathering place for
25 or more persons for meeting, religious, recreational or educational
purposes, except instruction of elementary or secondary school students
or religious instruction of pupils under the age of 17 years.
An area of a minimum contiguous size, as specified by ordinance,
to be planned, developed, operated and maintained as a single entity
and containing one or more residential clusters; appropriate quasi-public
uses may be included if such uses are primarily for the benefit of
the residential development.
Signs advancing the candidacy of any candidate or group of
candidates for public office.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designated to be transported, including
but not limited to signs designed to be transported by means of wheels;
A-frame and sandwich board signs; balloons used as signs; umbrellas
used for advertising; and signs attached to or painted on vehicles
parked and visible from the public right-of-way, unless said vehicle
is used in the normal day-to-day operations of the business.
A covered area attached to an entrance to a dwelling, not
enclosed by walls, glass, screens or otherwise, except for columns
and/or railings which are open, that does not exceed a dimension of
six feet in width and four feet in depth in depth.
[Added 8-1-2023 by Ord.
No. 3521]
Land and building and structures existing at a designated
location as considered, assessed and designated on municipal property
maps.
An internal roadway which provides direct access to a public
right-of-way.
A building in which is conducted the principal use of the
lot on which such building is situated.
The primary purpose for which a lot is used. If any lot contains
two or more separate businesses or other enterprises, the lot shall
be considered to have two or more principal uses.
An accessory building used for the storage of motor vehicles
operated only by those residing on or working on the premises, except
that space for one permitted vehicle only may be rented to a non-occupant
of the premises.
A recreation facility operated by a nonprofit organization
and open only to bona fide members and guests of such nonprofit organization.
An accessory building used for the storage of passenger automobiles
operated only by those residing on the premises, except that space
therein for one passenger automobile only may be rented or used by
a non-occupant of the premises and except that one permitted commercial
vehicle owned by a person residing on the premises may be stored therein.
A sign listing only the name, profession, degree and/or specialty
of each practitioner.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than one foot beyond the surface of
such building or wall. Projecting signs shall be designed of material
compatible with the building to which it is affixed and is no greater
than two feet by three feet if four sided or 36 inches in circumference
if circular or oval in shape.
Legally defined boundary lines of a parcel of land; includes
lot line.
A building used for the repair, greasing, servicing, adjusting,
painting, washing or equipping of motor vehicles or for the storage
of commercial vehicles as a principal use or for the rental of storage
space for more than one vehicle, but not for the sale of gasoline
or diesel fuel, except as incidental and necessary to a repair.
Improved or unimproved public property dedicated or deeded
to the Township for the purpose of providing vehicular, pedestrian
and public use. That area immediately outside of and contiguous to
any restaurant, cafe, cafeteria or place of business which is currently
used or reserved for use by the public.
A flush-mounted sign on the vertical surface and canopy,
which is the ornamental or protective roof-like structure erected
above the pumps of a gasoline station.
Any business sign supported by uprights, braces or masonry
wall which is attached to the ground and is not attached to any building,
exceeding five feet in height to the top of the sign. Pylon signs
are prohibited in all zones. An example of a pylon sign is a gas station
sign.
A sign which directs attention to a business, commodity,
service or entertainment, conducted, sold or offered elsewhere than
upon the premises or not exclusively related to the premises.
A temporary sign placed upon the property for the purpose
of advertising to the public the availability for sale, rent or lease
of said property.
The space between the furthest extension of the rear wall
of the building and the rear line of the lot extending across the
full width of the lot.
A vehicle or trailer not over 30 feet long, primarily designed
as temporary living quarters for recreation, camping or travel use
(including boats), which either has its own motive power or is mounted
on or drawn by another vehicle which is self-powered.
The construction of two or more dwellings on two or more
adjacent lots within one twelve-month period, unless such lots have
been held by separate owners for a period exceeding 12 months.
A business establishment whose principal business is the
selling of unpackaged food to the customer in a ready-to-consume state,
in individual servings, or in nondisposable containers, and where
the customer consumes these foods while seated at tables or counters
located within the building.
An establishment that delivers prepared food and/or beverages
to customers in motor vehicles, regardless of whether or not it also
serves prepared food and/or beverages to customers who are not in
motor vehicles, for consumption either on or off the premises.
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, but specifically excluding establishments commonly
known as "luncheonettes." See also "take-out food establishment."
A building in which any article, excluding automotive vehicles,
boats and building materials, is offered for sale at retail.
That portion of the highway intended for the use of pedestrians
and utilities between the curbline of a roadway and the property line.
A roof is part of a building envelope, both the covering
on the uppermost part of a building or structure and the framing or
structure which supports the covering.
Any sign erected, constructed and maintained upon or over
the roof of any building with the principal support of the roof structure
or parapet wall.
Every delivery of electronic smoking devices, electronic
liquids and/or liquid nicotine, whether the same is by direct sale
or the solicitation or acceptance of an order, including exchange,
barter, traffic in, keeping and exposing for sale, displaying for
sale, delivering for value, peddling and possession with intent to
sell, distribute or give.
[Added 5-16-2023 by Ord.
No. 3514]
Any apparatus with a flat or parabolic surface which is designed
for the purpose of receiving television, radio, microwave, satellite
or similar electronic signals and is larger than two meters (78.74
inches) but no larger than 10 feet in diameter.
SATELLITE DISH, SMALLA satellite earth station antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite service, that is one meter (39.37 inches) or less in diameter.
SATELLITE DISH, MEDIUMA satellite antenna used for "fixed wireless signals," which are commercial nonbroadcast communications signals transmitted via wireless technology to and/or from a fixed customer location, that is two meters (78.74 inches) or less in diameter.
A group of dwelling units sponsored by a nonprofit sponsor
under a program financed by the United States Department of Housing
and Urban Development. Such dwelling units shall be designed, intended
and reserved for the use of households, the single member of which,
or either husband or wife of which, is 62 years of age or over or
who is handicapped, except that the foregoing provisions shall not
apply to any resident manager and/or the family of such resident manager
who resides on the premises.
Lots or parcels that are not owned by the same person, persons
or legal entity.
An establishment primarily engaged in rendering nonrepair
services, such as advertising, blueprinting, building cleaning or
equipment rental, to business enterprises on a fee or contract basis.
A business conducted to render either a personal service,
such as haircutting, nail salons, shoe repair or dry cleaning, or
a household service, such as insect extermination, the repair of furniture,
small household appliances or television sets. A service establishment,
personal and household, shall not include mortuary services, the repair
on the premises of furnaces, refrigerators, air conditioners and other
articles of similar bulk and weight.
The distance from the property line to the nearest part of
the applicable building, structure or sign, measured perpendicularly
to the property line.
A building or group of related buildings of more than three
units having a common entrance or with more than one entrance not
on a public road or highway.
That area of the public right-of-way reserved for pedestrian
traffic and designated by the construction of cement, brick paver
or like material, and existing in varying degrees between the curb
and the front line of the building housing an eating establishment.
An open unobstructed space between the building and the side
line of the lot extending through from the front to the rear yard
or to another street, into which space there is no extension of the
building above the grade level.
Includes every object, device, frame, figure, character,
mark, point, fixture, graphic design, picture, stroke, stripe, trademark,
model, emblem, placard, symbol, display, light, logo or reading matter
which is used or intended to be used to advertise, identify, display,
direct or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, designs, symbols, colors, illumination or
projected images, when the same is placed in the view of the general
public, either outdoors or indoors. Any of the above which is not
placed out of doors, but which is illuminated with artificial or reflected
color or otherwise made visible from out of doors, shall be considered
a sign within the meaning of this chapter, when placed in such a way
as to be used to attract attention or convey information to motorists
or pedestrians.
The method employed to support any sign except a window sign.
A detached dwelling containing one dwelling unit and permitted
accessory uses only.
Any premises dedicated as a principal business for the display,
sale, distribution, delivery, offering, furnishing, manufacturing,
or marketing of tobacco, tobacco products, or tobacco paraphernalia,
but excluding the sale of cigars and any grocery store, supermarket,
convenience store or similar retail use that sells tobacco products,
which shall not be included within the definition of "smoke shop."
[Added 5-16-2023 by Ord.
No. 3514]
That part of a building included between any floor and the
floor or ceiling next above. When applying to the permissible height
of a building, the term "story" shall include a basement as defined
in this article.
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is
more than six feet above the finished ground level for more than 50%
of the total building perimeter.
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon any plat heretofore approved
pursuant to law or heretofore approved by official action, including
all streets or ways on plats duly filed and recorded in the office
of the County Recording Officer prior to the appointment of a Planning
Board and prior to the grant to such board of the power to review
plats. The word "street" includes the land between the street right-of-way
lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, planted strips, parking areas and other
areas within such street lines.
A boundary line of a dedicated street; a lot line coinciding
with such line.
A combination of materials forming a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land, excluding vehicles, boats and portable furniture.
An establishment with limited seating where the principal
business is the dispensing of a limited menu of items prepared to
order or already prepared and held for service, or heated in a device
such as a microwave oven, which are so prepared and packaged in disposable
containers or wrappers in a form for ready consumption off premises.
Any place, premises, building, part of building, cellar,
basement, room or establishment in which the skin is permanently discolored
by the intentional introduction of pigments into the dermis, or in
which indelible or permanent marks or scars or permanent makeup are
applied to the human body.
[Added 8-1-2023 by Ord.
No. 3521]
Any sign that is used only temporarily and is not permanently
mounted; with the exception of "open house" real estate signs, all
temporary signs must bear the date of original installation affixed
in the lower right-hand corner of such sign.
A level, landscaped and/or surface area, also referred to
as a patio, attached or adjacent to a structure or within 30 inches
of the finished grade and not covered by a structure.
A group of two or more townhouse structures.
A building containing at least four and no more than six
townhouse units.
A one-family dwelling unit attached to other townhouse units
separated from each unit by a fire separation wall.
Any lot on which more than three trucks over 1 1/2 tons'
gross vehicle weight are parked overnight out of doors.
A dwelling containing two dwelling units and permitted accessory
uses only.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces which is free from structures
of any kind and which is available and accessible to all occupants
of the building or buildings on said lot for purposes of active or
passive outdoor recreation. Said usable open space may include fenced
or screen-planted children's play areas.
The specific purpose for which a lot, structure or premises
is designed, arranged, intended or occupied.
PERMITTED USEA use allowed in a district under the terms of this chapter and not deemed to include any nonconforming use.
PROHIBITED USEA use not permitted in a district under the terms of this chapter. All uses not permitted are prohibited, and the listing of certain uses as specifically prohibited reiterates the implied prohibition regarding those uses to avoid doubt or confusion.
Any premises dedicated as a principal business for the display,
sale, distribution, delivery, offering, furnishing, manufacturing,
or marketing of electronic smoking devices, liquid nicotine containers
or vapor product as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9a(2),
N.J.S.A. 2A:170-51.9a(3) and N.J.S.A. 2A:170-51.9a(4), including an
area for vaping. An "area for vaping" shall mean the inhaling or exhaling
of smoke or vapor from any electronic smoking device.
[Added 5-16-2023 by Ord.
No. 3514]
Any sign that shall be affixed parallel to the wall or printed
or painted on the wall of any building in such a manner as to read
parallel to the wall on which it is mounted; provided, however, said
wall sign shall not project above the top of the wall or beyond the
end of the building. For the purposes of this chapter, any sign display
surface that is affixed flat against the sloping surface of a mansard
roof shall be considered a wall sign.
ACCESSORY WAREHOUSEA completely enclosed building used for storage of merchandise to be sold at retail in an establishment located on the same lot and constituting an accessory use to such establishment.
INDUSTRIAL WAREHOUSEA completely enclosed building used for storage of products manufactured or processed or goods to be manufactured or processed on the premises and constituting an accessory use, but not including a truck terminal as defined herein.
WHOLESALE WAREHOUSEA completely enclosed building used for the storage of goods to be resold through retail outlets or retail mail sale and constituting the principal use of the property, but not including a truck terminal as defined herein.
A glass area presented to the public for purposes of display.
Public display windows must be clear and nonreflective and not be
painted or tinted. (Transparent, low-emissivity glass is permitted).
[Amended 8-1-2023 by Ord.
No. 3521]
A sign, pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale or service, that is placed inside a window or upon the
window panes of glass or is hanging within 18 inches inside of the
window and is visible from the exterior of the window.
A system of electrical conductors that transmit or receive
radio frequency signals, digital signals, analog signals or electromagnetic
waves for wireless communications, but shall not include small or
medium satellite dish antennas as defined above.
A fenced-in area which houses any combination of wireless
telecommunications structures, buildings, antennas, equipment and/or
towers.
A commercial facility providing for selling transmitting/receiving
air time, available equipment and customary support facilities in
accordance with and in compliance with the regulations promulgated
by the Federal Communications Commission (FCC) in the Telecommunications
Act of 1996, and shall include wireless telecommunications antennas,
wireless telecommunications towers and wireless telecommunications
compounds.
A vertical structure specially designed to support wireless
telecommunications antennas.
The officer or other personnel charged with the administration
and enforcement of this chapter, or his duly authorized representative.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
