[Amended 9-5-1985; 5-4-1989]
A. 
Definitions.[1] 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]
ADMINISTRATIVE OFFICER OF THE LAND USE ORDINANCES
The Zoning Enforcement Officer as the same is constituted under Article XIIB of Chapter 40 entitled “Officers and Employees.”
[Added 9-11-2003 by Ord. No. 2003-16]
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, SINGLE-FAMILY
A building containing one dwelling unit.[2]
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.[3]
[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.[4]
[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) 
ADULT BOOK or ADULT VIDEO SALE, RENTAL OR DISPLAYSale, rental or display of any of the following:
(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) 
ADULT CABARETPerformances which regularly features:
(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.
[1]
Editor's Note: For other definitions, see §§ 208-7D(2)(a), 208-38 and 208-46.
[2]
Editor's Note: The definition of "dwelling, three-family," added 6-10-2004 by Ord. No. 2004-09, which immediately followed this definition, was repealed 10-1-2009 by Ord. No. 2009-11.
[3]
Editor’s Note: The definition of “floor area,” which immediately followed this definition, was repealed 4-12-2012 by Ord. No. 2012-05.
[4]
Editor’s Note: The definition of “gross floor area,” which immediately followed this definition, was repealed 4-12-2012 by Ord. No. 2012-05.
B. 
Usage. Words used in the present tense include the future; also, the singular number includes the plural, and the plural, the singular. The word "person" includes a corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual.