A. 
For the purpose of this chapter, words used in the present tense include the future; the singular number includes the plural and the plural, the singular; the word "building" includes the word "structure." The word "used" or "occupied" shall be deemed to also include "designed, intended or arranged to be used." The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual; the word "lot" includes the word "plot" or "parcel." The word "shall" is mandatory and the word "may" is permissive.
B. 
Certain words or terms used herein shall be interpreted or defined as follows:
ACCESSORY BUILDING
A building detached from and subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
ACCESSORY USE
A use customarily incidental and subordinate to the main use conducted in a main or accessory building.
ALTERATION, STRUCTURAL
Any change that involves the supporting elements of a building such as bearing walls, columns, beams, girders and the roof and roof support or foundation.
ALTERNATIVE TREATMENT CENTER or ATC
An organization issued a permit pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant, as well as any alternative treatment center deemed pursuant to Section 7 of the Act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit and a medical cannabis dispensary permit.
[Added 9-15-2021 by Ord. No. 16/21]
APARTMENT HOUSE, GARDEN-TYPE
A multifamily residential structure of not more than two stories containing three or more dwelling units.
APARTMENT HOUSE, HIGH-RISE
A residential structure of more than three stories, containing three or more dwelling units and containing a heating plant which supplies heat to all tenants.
ATTIC
That part of a building which is immediately below, and wholly or partly within, the roof framing.
AUTOMOBILE SERVICE STATION
A building or place of business where gasoline, oil and grease, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair service is rendered.
BASEMENT
That portion of the building that is partly underground, which has more than 1/2 of its height, measured from clear floor to ceiling, above the average adjoining ground level.
BILLBOARD
A sign which directs attention to a product, business, service or entertainment conducted, sold or offered elsewhere than upon the lot on which said sign is located.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof. A mobile home or house trailer shall be considered a building.
CANNABIS
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16 for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana as defined in section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
[Added 8-4-2021 by Ord. No. 15/21]
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 8-4-2021 by Ord. No. 15/21]
CANNABIS DELIVERY SERVICE
Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service which, after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
[Added 8-4-2021 by Ord. No. 15/21]
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
[Added 8-4-2021 by Ord. No. 15/21]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
[Added 8-4-2021 by Ord. No. 15/21]
CANNABIS GROWER
Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis growers, cannabis processors, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 Cannabis Grower license. A cannabis grower may also be referred to as a "cannabis cultivation facility."
[Added 8-4-2021 by Ord. No. 15/21]
CANNABIS ITEM
Any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin. "Cannabis item" does not include: any form of medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18a:40-12.22 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
[Added 8-4-2021 by Ord. No. 15/21]
CANNABIS LEAF
The leaf of the plant Cannabis sativa L. within the plant family Cannabaceae.
[Added 8-4-2021 by Ord. No. 15/21]
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 8-4-2021 by Ord. No. 15/21]
CANNABIS MANUFACTURING
The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" with respect to cannabis does not include packaging or labeling.
[Added 8-4-2021 by Ord. No. 15/21]
CANNABIS PARAPHERNALIA
Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body. "Cannabis paraphernalia" does not include drug paraphernalia as defined in N.J.S.A. 2C:36-1 and which is used or intended for use to commit a violation of Chapter 35 or 362 of Title 2C of the New Jersey Statutes.
[Added 8-4-2021 by Ord. No. 15/21]
CANNABIS PRODUCT
A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include: 1) usable cannabis by itself; or 2) cannabis extract by itself; or 3) any other cannabis resin by itself.
[Added 8-4-2021 by Ord. No. 15/21]
CANNABIS RETAILER
Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
[Added 8-4-2021 by Ord. No. 15/21]
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.
[Added 8-4-2021 by Ord. No. 15/21]
CANNABIS, USABLE
The dried leaves and flowers of the female plant Cannabis sativa L., and does not include the seedlings, seeds, stems, stalks, or roots of the plant.
[Added 8-4-2021 by Ord. No. 15/21]
CELLAR
The lowest part of a building partly or totally under ground having half or more of its height measured from cellar floor to ceiling below the average level of the adjoining ground.
COMMERCIAL ENTERTAINMENT ESTABLISHMENTS
Movie, comedy and play theaters which feature pictorial or live theatrical or comedy entertainment. Private recreation facilities, such as pool or billiard parlors; bowling alleys; roller- or ice-skating rinks; health or diet clubs; karate, yoga or exercise facilities; gyms; indoor sports and wrestling programs; and tanning and sauna clubs, are all excluded uses which are prohibited in all districts.
[Added 5-16-1990 by Ord. No. 1881]
CONTROLLED WATERFRONT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more detached single or cluster units or townhouse residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance. (See Article VI for detailed controls.)
COURT, INNER
An open unoccupied lot space enclosed on all sides by exterior walls of a building.
COURT, OUTER
An open unoccupied lot space enclosed on not more than three sides by exterior walls of a building.
COVERAGE
That percentage of the lot area that is covered by a building or buildings.
CURB LEVEL
The permanently established grade at the top of the curb of the street midpoint in front of the lot. Where a lot fronts upon two or more streets of different levels, the curb of the higher street may be taken as the base for measuring the height of structures to a distance 100 feet back from that street.
DWELLING
Any structure, including mobile homes and house trailers, designed for use by human occupants for sleeping and living purposes, whether occupied or vacant, except that the foregoing shall not apply to hotels or motels. It shall have one or more rooms containing independent cooking and sanitary facilities.
DWELLING, MULTIFAMILY
A building containing three or more dwelling units.
DWELLING, SEMIDETACHED
A building with one or two dwelling units beside the other, completely separated therefrom by a party or common wall with no openings therein.
DWELLING, SINGLE-FAMILY
A building designed as one dwelling unit for one family.
DWELLING, TWO-FAMILY
A building designed for two separate families where the dwelling units are entirely separated by vertical walls or horizontal floors.
DWELLING UNIT
Any room or group of rooms located within a dwelling forming a single habitable unit which includes facilities for living, sleeping, cooking, eating, bathing and toilet purposes.
FAMILY
One or more persons related by blood, marriage or legal adoption or related adults, living together as a single housekeeping unit.
FLOOR AREA
The sum of the gross horizontal areas of any building or buildings on a lot, measured from the interior faces of interior walls. Floor area shall not include cellar space, stairways, unenclosed porches and breezeways nor any floor space with a floor-to-ceiling height of less than seven feet.
GARAGE, PRIVATE
A building or part thereof used primarily for the storage of one or more motor vehicles that are accessory to a residential or nonresidential building and in which no other business, service or industry connected with motor vehicles is conducted or rendered.
HEIGHT OF BUILDING
The vertical distance measured from the curb level of the highest point of the roof beams adjacent to the street wall in the case of flat roofs and, in the case of pitched roofs, from the curb level to the average height of the gable. Where the front wall of a building is more than 20 feet from the street line, the average level of the ground adjoining the walls of the building may be taken in measuring its height, instead of the curb level.
HOME OCCUPATION
An activity conducted entirely within a dwelling and carried on solely by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Not more than three persons are to be engaged at this occupation, and not more than 1/3 of the floor area of one story is to be devoted to such use. Such occupation shall not be conducted in an accessory building. No mechanical equipment shall be used other than that such as is customary for purely domestic or household purposes.
HOTEL
Any building or any part of a building which contains living and sleeping accommodations for transients or permanent guests who are lodged with or without meals and in which no provision is made for cooking in any individual room or rooms.
JUNKYARD
A lot or part thereof, or a structure, used for the collection, storage and sale of wastepaper, rags, scrap metal or other scrap or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
LOADING SPACE
A space, open or enclosed, for the loading or unloading of goods to or from a vehicle, having direct access to a public right-of-way and at least 12 feet wide and 35 feet long, with 14 feet of headroom.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The area included within lot lines in square footage or acreage.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135°. Regardless of legal lot lines, no frontage greater than 100 feet in either direction from the corner point of intersection will be treated as a corner lot. Its access area shall be treated as an interior lot.
LOT DEPTH
The mean distance from the line of the street on which it fronts to the rear lot line, measured in the mean general direction of the side lines of the lot.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
Any boundary of a lot as defined herein.
LOT WIDTH
The horizontal distance between the side lot lines, measured at the required setback lines.
MARINA
An anchorage for boats, including launching and parking facilities and provision for fuel and accessories, but excluding out-of-water boat storage and any activities to repair and maintain boats.
MEDICAL CANNABIS DISPENSARY
A business licensed by the State of New Jersey to sell medical cannabis and medical cannabis products to registered qualifying patients and their authorized caregivers. This term shall include the organization's officers, directors, board members and employees.
[Added 9-15-2021 by Ord. No. 16/21]
MOTEL, MOTOR COURT or MOTOR HOTEL
A building or building group designed for occupancy as the temporary residence of individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite, with a parking space provided closely related to each room or suite.
NIGHTCLUB
An establishment dispensing liquor, other beverages or meals and in which any two of the following characteristics occur:
[Added 5-18-2005 by Ord. No. 6/05; amended 9-20-2006 by Ord. No. 16/06]
(1) 
Low lighting levels.
(2) 
Cover charge for entry.
(3) 
Entertainment by a live band or recorded music generating above normal sound levels.
(4) 
Later than average operating hours.
(5) 
Tables and seating arranged or positioned so as to create ill-defined aisles.
(6) 
A specific area designated for dancing.
(7) 
Services facilities primarily for alcoholic beverages with limited food service.
(8) 
High occupant load density.
NONCONFORMING LOT
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.
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
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.
PARKING SPACE
A space which, exclusive of driveways and turning areas, is at least 91/2 feet wide and 20 feet long. Driveways or aisles to serve said parking space(s) shall be at least 24 feet wide.
REAR YARD DEPTH
The mean distance from the rear lot line or its vertical projection to the part of the building that is nearest thereto at any story level.
RESTAURANT
An establishment, with less than 49 seats, including bar stools, where food and drink is prepared, served and consumed primarily within the principal building, including serving prepared food which is also intended for consumption off the premises such as pizza parlors, bakeries and similar uses. The term "restaurant" shall not include dance clubs, social clubs and similar facilities.
[Added 7-2-1997 by Ord. No. 17/97]
SIDE YARD WIDTH
The minimum distance between the side lot line or its vertical projection and the side walls of the building at any story level.
SIGN
Any device or representation for visual communication used as or which is in the nature of an advertisement, announcement or direction, including any letter, word or model, banner, pennant or insignia, but excluding any public traffic, street or directional sign.
SITE PLAN
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to Article 6 of Chapter 291 of the Laws of New Jersey 1975.[1]
SMOKE SHOP
Any premises dedicated as a principal business to display, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia, including providing an area for smoking tobacco products, but excluding any grocery store, supermarket, convenience store or similar retail use that sells tobacco product, shall not be included within the definition of smoke shop. An area for “smoking” shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter of substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
[Added 9-20-2023 by Ord. No. 8/23]
STORY
That part of any building 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 underside of the roof beams.
STORY, HALF
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.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by this chapter; or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET LINE
The dividing line between a street and a lot. Where title to land contiguous to a road, easement or right-of-way extends to the center thereof, the side line of such road, easement or right-of-way shall be deemed to be the side line of a street.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
TOWNHOUSE DWELLING STRUCTURE
A building or structure containing two or more townhouse dwelling units.
TOWNHOUSE DWELLING UNIT
One of a series of contiguous single-family dwelling units attached on either both sides or one side, depending upon whether the unit is an interior unit or whether the unit is at the end of a townhouse dwelling structure, thereby having one common and one exterior wall, with private or semiprivate rear yard areas.
USE
The specific purpose for which a parcel of land or a building or portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VAPE SHOP
Any premises dedicated as a principal business to display, sale, distribution, delivery, offering, furnishing 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:170-51.9(a)(2), N.J.S.A. 2A:170-51.9(a)(3) and N.J.S.A. 2A:170-51-9(a)(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 9-20-2023 by Ord. No. 8/23]
YARD, FRONT
An open, unoccupied space within and extending the full width of the lot between all street lines and the parts of the building nearest to such street lines.
YARD, REAR
An open, unoccupied space extending the full width of the lot between the rear lot line and the parts of the building nearest to such rear lot fine.
YARD, SIDE
An open, unoccupied space extending the full length of the lot, between the side lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any district.
[1]
Editor's Note: See N.J.S.A. 40:55D-37 through 40:55D-59.