Definitions. The following words and terms used in this chapter shall
be construed as hereinafter set forth, except as otherwise expressly
provided:
ACCESSORY BUILDING OR STRUCTURE
A structure detached from a principal building on the same
lot and customarily incidental to, used in conjunction with and subordinate
to that principal building or use.
[Amended 12-19-1996 by Ord. No. 96-14]
ACCESSORY USE
A use of land or of a building or portion thereof customarily
incidental to, used in connection with and subordinate to that principal
use of the land or building and located on the same lot with such
principal use.
[Amended 12-19-1996 by Ord. No. 96-14]
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals. Exempted herefrom are towers
or the installation of any antenna that is under 40 feet in height
and is owned and operated for the exclusive use of a federally licensed
amateur radio station operator or is used exclusively as a receive
only antenna.
[Added 7-1-2004 by Ord. No. 2004-12]
BASEMENT
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6 1/2 feet.
BUFFER STRIP
Land area used to visibly separate and shield or block noise,
lights or other nuisances or one use from another.
[Amended 12-19-1996 by Ord. No. 96-14]
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
[Amended 12-19-1996 by Ord. No. 96-14]
BUILDING COVERAGE
The horizontal area measured within the outside of the exterior
walls of the ground floor of all principal and accessory buildings
on a lot.
BUILDING HEIGHT
A vertical distance of a building measured from the average
natural grade immediately surrounding the foundation on which the
building is located to the highest point of the roof.
[Amended 12-19-1996 by Ord. No. 96-14]
BUSINESS
The sale of or dealing in goods, wares and merchandise or
property of any kind, either wholesale or retail, also banking and
any occupation conducted for compensation. "Business" does not include
manufacturing.
CLOSET
An area of less than 32 square feet which contains no windows
and is only entered from the room served.
[Added 4-12-2012 by Ord. No. 2012-05]
COMMUNICATIONS TOWERS
Includes any and all antennas and towers as defined in this
section, together with other accessory structures and equipment associated
therewith.
[Added 7-1-2004 by Ord. No. 2004-12]
CONVENIENCE STORE WITH MOTOR FUEL DISPENSING
A convenience store with motor fuel dispensing is a retail
establishment operating 24 hours per day, seven days per week, offering
for sale prepackaged food products and grocery items, hot and cold
made-to-order drinks, freshly prepared foods, including baked and
hot meals, sandwiches, soups and salads, household items, tobacco
products, newspapers and magazines, in-store ATM and lottery, and
which includes outside facilities for dispensing motor fuels, gasoline
and diesel fuel for light trucks and passenger vehicles under a lit
canopy and may also include outside propane kiosks and ice chests.
No servicing of motor vehicles is permitted, although up to two external
air pumps may be provided.
[Added 5-25-2022 by Ord. No. 2022-03]
DISPLAY
The exhibition to the senses of another person.
[Added 7-11-2002 by Ord. No. 15-02]
DISTRICT
A part, zone or geographic area within the municipality within
which certain zoning or development regulations apply.
DWELLING
A structure or portion thereof which is used exclusively
for human habitation.
DWELLING, MULTIFAMILY
A structure on a single lot containing more than two dwelling
units.
[Amended 12-19-1996 by Ord. No. 96-14]
DWELLING, TWO-FAMILY
A structure on a single lot containing two dwelling units,
neither of which shares any of its fundamental facilities with the
other, except for common stairwells, hallways and entryways for both
dwelling units.
[Amended 12-19-1996 by Ord. No. 96-14]
DWELLING UNIT
One or more rooms designed, occupied or intended for occupancy
as separate living quarters, with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
EXISTING USE
The use of a lot or structure at the time of the enacting
of this chapter.
FAMILY
One or more individuals occupying a dwelling unit and living
as a single household unit.
FENCE
An artificially constructed or planted barrier of any materials.
A combination of materials or plantings erected or planted to enclose
or screen areas of land.
[Amended 12-19-1996 by Ord. No. 96-14]
FRONTAGE
The side of the lot abutting on a street; the front lot line.
GARAGE
A place for the storage, keeping, cleaning or repairing of
motor vehicles.
[Amended 12-19-1996 by Ord. No. 96-14]
GO-GO LOUNGE
An establishment or premises wherein a scantily-clad person
or persons are permitted to dance or otherwise move and perform in
a suggestive manner.
[Added 9-17-1991]
GROSS SQUARE FOOTAGE
The square footage of all floor areas as measured at the
exterior dimensions, including basements and cellars whether finished
or unfinished and any attached garage areas.
[Added 12-15-2005 by Ord. No. 2005-14]
HOME OR PROFESSIONAL OFFICE
The office or studio in a home occupied by a resident by
any of the following professionals licensed by the State of New Jersey:
physician, lawyer, dentist, nurse, architect, engineer, planner, land
surveyor, psychologist, marriage counselor, osteopath, podiatrist,
chiropractor, optometrist, physical therapist, occupational therapist
or accountant. All other licensed professionals are excluded.
[Amended 12-19-1996 by Ord. No. 96-14; 12-15-2005 by Ord. No. 2005-14]
HOTEL
A facility offering transient lodging accommodations to the
general public and providing additional services, such as restaurants,
meeting rooms and recreational facilities.
LIFE SCIENCES INDUSTRY
Firms and organizations in the fields of biotechnology, life
systems technologies, pharmaceuticals, nutraceuticals, cosmeceuticals
and biomedical devices whose purpose is to facilitate the advancement
of the detection, prevention and treatment of human ailments in strict
accordance with federal and state guidelines and strictures. Includes
firms and organizations involved in the design, engineering, research
and manufacturing of the following: bandages and dressings, cosmetics,
dental equipment and supplies, diagnostic apparatus and substances,
electromedical equipment, measuring and controlling devices, ophthalmic
goods, pharmaceutical preparations, plastic bottles, prosthetic and
orthopedic appliances, surgical and medical instruments and supplies,
x-ray apparatus and tubes and medical and biological research, including
stem cell research.
[Added 9-14-2006 by Ord. No. 2006-17]
LIVING AREA
The sum of the interior room dimensions, exclusive of closets,
cabinets, stairwells, halls, wall space, bathrooms and garages, but
including finished or unfinished basements.
[Added 4-12-2012 by Ord. No. 2012-05]
LOT
A designated parcel, tract or area of land established by
plat, subdivision or as otherwise permitted by law to be used, developed
or built upon as a unit.
LOT AREA
The total area within the lot lines of a lot.
LOT, CORNER
A lot or parcel of land abutting upon two or more streets
at their intersections or upon two parts of the same street forming
an interior angle of less than 135º.
LOT COVERAGE
That portion of a lot which is covered by buildings, structures
or other impervious area. "Impervious area" shall be defined as anything
that is not a living organism.
[Amended 12-15-2005 by Ord. No. 2005-14]
LOT DEPTH
The distance measured from the front lot line to the rear
lot line.
LOT LINE
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
space.
MANUFACTURING ESTABLISHMENTS
Premises used in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of components parts, the manufacturing of products and the blending
of materials, such as lubricating oils, plastics, resins or wickers.
[Amended 12-19-1996 by Ord. No. 96-14]
MOTEL
An establishment providing transient accommodations containing
six or more rooms with at least 25% of all rooms having direct access
to the outside without the necessity of passing through the main lobby
of the building.
NONCONFORMING BUILDING OR USE
A structure, building or use which is lawful prior to the
adoption revision or amendment of this chapter, but which fails, by
reason of such adoption, revision or amendment, to conform to the
present requirements of the zoning district.
NUDITY or A STATE OF NUDITY
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breasts.
[Added 7-11-2002 by Ord. No. 15-02]
OBSCENE MATERIALS
The definition of obscene materials set forth in N.J.S.A.
2C:34-2 as the same shall be from time to time amended or supplemented,
as well as in accordance with or not more strictly than judicial interpretations
thereof pursuant to the Constitutions of the United States and of
the State of New Jersey finally concluded in courts of jurisdiction
sufficient to render decisions on constitutional questions of general
application.
[Added 7-11-2002 by Ord. No. 15-02]
OFFICE BUILDING
A building used primarily for conducting the affairs of a
business, profession, service, industry or government, or like activity
that may include ancillary services for office workers, such as a
restaurant, coffee shop or newspaper or candy stand.
OFF-STREET PARKING SPACE
An area for the temporary storage or parking of a motor vehicle
that is directly accessible to an access aisle, which is not located
on a dedicated street right-of-way.
[Amended 12-19-1996 by Ord. No. 96-14]
PACKAGE HANDLING AND DISTRIBUTION FACILITY
A commercial facility primarily and exclusively engaged in
the receipt and redistribution of goods, products, cargo and materials
by truck or trucks in original containers or packages, including overnight
courier services. Overnight storage shall be only incidental and not
a primary function of the commercial operation.
[Added 6-10-2004 by Ord. No. 2004-11]
PARKING SPACE
An area measured as at least 20 feet in length and 10 feet
in width utilized to park motorized vehicles as the same is defined
by Title 39 of the New Jersey State statutes.
[Added 12-15-2005 by Ord. No. 2005-14]
PREEXISTING TOWERS AND PREEXISTING ANTENNA
Any tower or antenna for which a building permit has been
properly issued and the structure has been completed. However, no
such tower or antenna shall be expanded, replaced, restored or repaired
other than in compliance and conformance with this chapter.
[Added 7-1-2004 by Ord. No. 2004-12]
ROOF
The outside top covering of a building.
[Amended 12-19-1996 by Ord. No. 96-14]
SEXUALLY ORIENTED ADULT ENTERTAINMENT
For the purposes of any prohibition against or limitation
upon the same contained in this chapter, “sexually oriented
adult entertainment” shall mean the conduct of or the operation
of any premises so as to provide any of the following as hereinafter
further defined:
[Added 7-11-2002 by Ord. No. 15-02]
(1)
ADULT ARCADEAny place wherein electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas as those are herein defined.
(2)
(a)
Books, magazines, periodicals or other printed
material or photographs, films, motion pictures, videocassettes or
video productions, slides or other visual representations which depict
or describe specified sexual activities or specified anatomical areas
as those are herein defined.
(b)
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities
as those are herein defined.
(3)
(a)
Persons who appear in a state of nudity as such
is herein defined; or
(b)
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities as those are herein defined; or
(c)
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas as those are herein defined; or
(d)
Live performances which are characterized by
the fondling, caressing or other erotic touching of human genitals,
pubic region, buttock or female breasts of either the performer or
others, either directly or through clothing.
(4)
ADULT MOTELThe operation of a hotel, motel or similar establishment which offers accommodations to the public which:
(a)
Provides patrons with closed circuit television
transmissions, films, motion pictures, videocassettes, slides or other
photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas as those are herein defined and has a sign visible from a public
right-of-way which advertises the availability of this adult type
of photographic reproductions; or
(b)
Offers a bedroom for rent for a period of time
that is less than 10 hours; or
(c)
Allows a tenant or occupant of a bedroom to
subrent the room for a period of time that is less than 10 hours.
(5)
ADULT MOTION-PICTURE DISPLAYThe display of any film, motion picture, videocassette, slide or similar photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas as those are herein defined.
(6)
ADULT THEATERThe operation of a theater, concert hall, auditorium or similar establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities as those are herein defined.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
SPECIFIED ANATOMICAL AREAS
[Added 7-11-2002 by Ord. No. 15-02]
(1)
Less than completely and opaquely covered human
genitals, pubic region, buttock or female breasts below the point
immediately above the top of the areola; or
(2)
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
(1)
The fondling or other erotic touching of human
genitals, pubic region, buttock or female breasts either of the performer
or other persons and either directly or through clothing.
(2)
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy.
(3)
Masturbation, actual or simulated.
(4)
Excretory functions as part of or in connection with any of the activities set forth in Subsections
(1) through
(3) immediately above.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next to it, or if there be
no floor above it, then the space between the floor and the ceiling
next above it, and including basements but not cellars.
[Amended 12-19-1996 by Ord. No. 96-14]
STORY, HALF
A space under a sloping roof which 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 headroom of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath.
STRUCTURE
A combination of materials to form a construction for use,
occupancy or ornamentation whether installed on, above or below the
surface of land or water, but shall not include paving.
TOWER
Ay structure that is designed and constructed primarily for
the purpose of supporting one or more antennas for telephone, radio
and similar communications purposes, including self-supporting lattice
towers, guyed towers or monopole towers. The term includes radio and
television transmission towers, microwave towers, common carrier towers,
cellular telephone towers, alternative tower structures and the like.
The term shall include the structure and any support thereof.
[Added 7-1-2004 by Ord. No. 2004-12]
WAREHOUSE
A facility used primarily for the storage of materials, goods
or products for extended periods of time. Warehouse use may include
incidental repackaging and distribution to related facilities.
[Added 6-10-2004 by Ord. No. 2004-11]
YARD
An open space that lies between the principal or accessory
building or buildings and the nearest lot line. Such "yard" is unoccupied
and unobstructed from the ground upward, except as may be specifically
provided in this chapter.
YARD, FRONT
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at the closest point to the front lot line.
YARD, REAR
A space extending across the full width of the lot between
the principal building and the side lot line measured perpendicular
to the side lot line to the closest point of the principal building.
YARD, SIDE
A space extending from the front yard to the rear yard between
the principal building and the side lot line, measured perpendicular
to the side lot line, to the closest point of the principal building.