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, 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, 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, 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 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]
(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.
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 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.