[Amended 11-3-1980; 5-17-1982; 8-16-1982; 2-4-1985]
In the chapter, words used in the present tense
include the future. The singular number includes the plural; and the
plural, the singular; the word "lot" includes the word "plot"; the
word "building" includes the word "structure"; the word "zone" includes
the word "designed" and the phrase "intended to be used"; and the
word "shall" is always mandatory.
Certain words, phrases and terms in this chapter
are defined for the purpose herein as follows:
A building or use that is incidental to the principal building
or use on the same lot.
The Zoning Officer of the Township of North Brunswick.
[Amended 2-18-2020 by Ord. No. 20-02]
A facility or a distinct part of a facility where community-based
group programs designed to meet the needs of adults with functional
impairments is provided, and includes a variety of health, social,
and related support services in a protective setting during any part
of a day, but less than twenty-four-hour care.
[Added 11-16-2020 by Ord.
No. 20-23]
The Affordable Housing Agency of the Township of North Brunswick
created pursuant to ordinance.
The ordinance adopted by the North Brunswick Council to regulate
the sale, resale, rental and construction of low- and moderate-income
housing.
A public or private way less than 30 feet in width.
A change or rearrangement in the structural parts or in the
existing facilities which alters the use of the building or an enlargement,
whether by extension of a side or by increasing in height or by a
move from one location or position to another.
Same as "dwelling unit."
Same as "dwelling, multiple."
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 of
the Municipal Land Use Law.
The Planning Board or the Board of Adjustment of the Township
of North Brunswick unless a different agency is designated by this
chapter when acting pursuant to the authority of the Municipal Land
Use Law.
Premises on which auction sales of merchandise or any other
personal property are held at periodic times.
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles or trailers in operable
condition and where no repair work is done.
See "junkyard."
See "cellar."
An off-site sign used to identify the product made or the
activity being pursued by any individual, business, service, commercial
or industrial enterprise for the purpose of apprising the public of
the location of such enterprise and/or the type of activity in which
it is engaged.
Any dwelling wherein furnished rooms for rent are provided
in which more than two persons are housed or lodged, with or without
meals.
The Board established pursuant to N.J.S.A. 40:55D-69 of the
Municipal Land Use Law.
An area consisting of trees, shrubs or solid fencing, or
a combination of all of these, so installed as to provide both a visual
and an acoustical barrier between properties. No building, parking
area, street, sign (except traffic directional sign) and storage of
materials shall be permitted.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The total area measured on a horizontal plane at the grade
level of the principal building and all accessory buildings exclusive
of uncovered porches, terraces and steps.
The proportion of the total lot area expressed as a percent
that is covered by the horizontal area measured within the outside
of the exterior walls of the ground floor of all buildings on a lot,
including the area under the roof of any structure supported by columns
but not having walls. In the event that any other floor of a building
extends beyond the footprint of the ground floor, the floor overhang
area shall be added to the square footage of the ground floor in order
to compute building coverage.
[Amended 5-17-2021 by Ord. No. 21-09]
The vertical distance measured from the mean elevation of
the finished grade at the front of the building to the mean height
of the roof. Chimneys, spires, water towers, elevator penthouses,
tanks and similar projections, other than signs, shall not be included
in calculating "building height." The building height of an accessory
building other than a detached garage shall be measured from the mean
ground level at the foundation to the top of the roof.
[Amended 5-17-2021 by Ord. No. 21-09]
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building, the vertical plane will coincide with the most projected
surface.
See "construction permit."
A building in which is conducted the principal use of the
lot on which the building is situated.
A business establishment which does not offer a product or
merchandise for sale to the public but offers a service to the public.
However, personal services, such as barber- and beauty shops, and
repair services, such as radio and television repair shops, are not
to be included within the definition of "business office."
A designated location either operated by a licensed retailer
for adult use or a permit holder for dispensing medical cannabis for
which both a state and local endorsement has been obtained, that is
either:
[Added 8-5-2021 by Ord.
No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
An indoor, structurally enclosed area of the cannabis retailer
for adult use or permit holder that is separate from the area in which
retail sales of cannabis items for adult use or the dispensing of
medical cannabis occurs; or
An exterior structure on the same premises as the cannabis retailer
or permit holder, either separate from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical either
obtained from the retailer or permit holder, or brought by a person
to the consumption area may be consumed.
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.
This person or entity shall hold a Class 1 cannabis cultivator's license.
[Added 8-5-2021 by Ord.
No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
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. This person or entity shall hold a Class 6 cannabis
delivery license.
[Added 8-5-2021 by Ord.
No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
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 establishments 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. This person or entity shall hold a Class 4 cannabis distributor's
license.
[Added 8-5-2021 by Ord.
No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
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 the other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer's
license.
[Added 8-5-2021 by Ord.
No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
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 the 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. This
person or entity shall hold a Class 5 cannabis retail license.
[Added 8-5-2021 by Ord.
No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
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. This person or entity shall hold a Class 3 cannabis wholesaler
license.
[Added 8-5-2021 by Ord.
No. 21-11; amended 11-15-2021 by Ord. No. 21-23]
A governmental acquisition of real property or a major construction
project.
A story wholly or partly underground, not designed for living
quarters or habitable use and having more than 1/2 of its clear height
below the average level of the adjoining ground.
A certificate issued by the Construction Official upon completion
of the construction of a new building in accordance with the construction
permit or upon a change in the occupancy or use of a building which
certifies that all requirements of this chapter, or such adjustments
thereof which have been granted by the Board of Adjustment, and all
other applicable requirements have been complied with.
A building or group of buildings, including customary accessory
buildings, such as auditoriums, designed or intended for public worship.
The word "church" shall include chapels, congregations, cathedrals,
temples and other similar designations, as well as parish houses,
convents and such accessory uses.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
A building or portion of a building containing offices or
facilities organized and operated for the primary purpose of providing
health services for out-patient medical or dental care of the sick
or injured, and including related facilities such as laboratories
and other service facilities operated in connection with the clinics.
[Added 11-16-2020 by Ord.
No. 20-23]
Any use of a building or part of a building or premises wherein
recreational activities are operated by a private utility for profit.
For purposes of this definition, "commercial recreational activities"
shall include, but not be limited to, theaters, bowling alleys, roller-skating
and ice-skating rinks and mechanical amusement game rooms.
A building or group of buildings with total gross floor area
in excess of 25,000 square feet, that is designed to accommodate multiple
retail, personal service, restaurant, office and other commercial
uses, and developed as an integrated development with common areas
such as customer parking, pedestrian walkways, and truck loading and
unloading spaces. A commercial shopping center development shall be
approved by the appropriate Board. Conversion of tenant space from
a single-tenant occupancy to multitenant occupancy shall not constitute
a shopping center for the purposes of this chapter.
[Amended 11-16-2020 by Ord. No. 20-23]
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons who
require assistance, temporarily or permanently, in order to live in
the community, and shall include but not be limited to group homes,
halfway houses, intermediate care facilities, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health-care facility within the meaning of the Health Care Facilities
Planning Act [P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.)]. In the
case of such a community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services.
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 this chapter and upon the issuance of an authorization
therefor by the Planning Board.
An authorization to begin construction work in compliance
with the State Uniform Construction Code and the rules and regulations
of the New Jersey Department of Community Affairs, which may be amended
from time to time.
Development other than planned development.
A parcel of land fronting on two or more intersecting streets.
An open unoccupied space bounded on at least two opposing
sides by a building wall, but not a front, side or rear yard.
The officially established grade of the curb in front of
the midpoint of the front lot line.
Calendar days.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to this chapter.
Experiencing a disability which originates before 18 years
of age which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap and which is attributable
to mental retardation, cerebral palsy, epilepsy, autism or other conditions
found by the Commissioner of Human Services to give rise to an extended
need for similar services.
The Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance,
Official Map Ordinance or other Township regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to the Municipal Land Use Law.
Any part of the territory of North Brunswick Township which
is designated on the Zoning Map to which certain uniform regulations
and requirements of this chapter apply.
The Division of State and Regional Planning in the Department
of Community Affairs.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or alleviation of flooding.
An establishment which is designed to provide, either wholly
or in part, service to customers outside the confines of the principal
building while in their automobiles parked or standing upon the premises,
regardless of whether or not seats or other accommodations are provided
for the customers.
An accessory use to the principal use of the building which
allows customers to purchase products or receive take-out services
provided by the business without parking and/or leaving their cars.
[Added 11-16-2020 by Ord.
No. 20-23]
A semiattached dwelling on an independent lot that is attached
on one side along a common or party wall, which is jointly owned,
to a similar dwelling on an adjacent lot designed for occupancy by
one family.
One of several individual dwelling units designed and erected
as an integral development with singleness of use and operation and
which utilizes such common facilities as pedestrian walkways, parking
and garage areas, open space or recreation areas and utility and sanitary
systems.
A multiple dwelling with a common exterior ingress and egress
in which individual units share at least one common wall and/or are
located one above the other.
A multiple dwelling with up to three residential stories,
a common lobby and common access corridors. Parking may be incorporated
in the structure.
A multiple dwelling characterized by a back-to-back townhouse
configuration with no more than three common party walls.
A multiple dwelling with up to six residential stories, a
common lobby and common access corridors. Parking may be incorporated
in the structure.
A building designed for or occupied by three or more families
living independently of each other and doing their own cooking therein,
including apartment houses, garden apartments, townhouses, etc., but
not including motels.
A detached building designed for or occupied exclusively
by one family.
An independent dwelling with cooking, sleeping and sanitary
facilities, designed for occupancy by one family, which is attached
to similar dwelling types by not more than two party walls extending
from the foundation to the roof. There shall be two means of access
directly from the outside for each unit, which shall not provide access
in common with any other unit. In no case shall a townhouse contain
more than one dwelling unit.
A building designed for or occupied by two families living
independently of each other.
A building or portion thereof that contains private means
of ingress and egress, sanitary facility, sleeping area, and no more
than two kitchens or cooking facilities which are designed, arranged,
or used for living quarters for one or more persons living as a single
housekeeping unit.
[Amended 5-15-2023 by Ord. No. 23-10]
A room or suite of rooms within a residential building that
are connected to the remainder of a residence by a door or similar
means of access that comprises an independent and self-contained unit
occupied, or suitable for occupation, as a residence for eating, living,
and sleeping purposes entirely separated from the remainder of the
residence.
[Added 5-15-2023 by Ord. No. 23-10[1]]
Public, parochial and private elementary and secondary schools
duly licensed by the State of New Jersey, attendance at which is sufficient
compliance with the compulsory education requirements of the state.
Summer day camps shall not be considered as "educational uses" or
accessories to such uses.
The physical device that provides a connection from a power
source to an electric vehicle.
[Added 9-4-2018 by Ord.
No. 18-10]
A public or private space that is served by electric vehicle
charging equipment that has as its primary purpose the transfer of
electricity to a battery or other energy storage device in an electric
vehicle.
[Added 9-4-2018 by Ord.
No. 18-10]
Any nonprofit organization which is primarily supported by
charitable contributions.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
gas, electrical, steam or water transmission or distribution systems,
including mains, drains, sewers, pipes, conduits, cables, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by such utilities or municipal or other governmental agencies or for
the public health or safety or general welfare. "Essential services"
shall include firehouses and first-aid and emergency-aid squads.
One or more persons living as a single nonprofit housekeeping
unit, as distinguished from individuals or groups occupying a hotel,
club or fraternity or sorority house. The "family" shall be deemed
to include necessary servants when servants share the common housekeeping
facilities and services.
Any parcel of land five acres or larger in size which is
used primarily for gain in the raising of crops, hay, sod, trees,
fruit, livestock and poultry, but which does not include any sale
of produce not actually grown on the premises.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, provided that such building is located on, operated
in conjunction with and necessary to the operation of a farm.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any manufactured material or combination of materials
used as a boundary or means of protection or confinement.
A fence constructed in such a way that no more than 50% of
the surface area of the fence obstructs a view through the fence from
a position perpendicular to the fence.
[Amended 11-16-2020 by Ord. No. 20-23]
The official action of the Planning Board or Board of Adjustment
on a preliminary approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guaranties properly posted for their completion, or approval conditioned
upon the posting of such guaranties.
A control on the intensity of land use which is calculated
as the ratio of the gross floor area under the roof of the main building,
including basement, to the total area of the lot on which the building
is located. Off-street parking space within the building is specifically
excluded from this calculation.
A building or structure in which motor-driven vehicles are
stored.
An accessory building or part of a principal building used
only for the storage of motor vehicles and in which no occupation,
business or services for profit are carried on.
A building or part of a building or premises used or designed
to be used for storing, repairing, servicing, selling, renting, adjusting
or equipping of automobiles and other motor vehicles, but not used
for the storage of trailers, dismantled, wrecked or inoperable motor
vehicles, parts thereof or junk.
All sales known as "garage sales," "lawn sales," "attic sales,"
"rummage sales," "porch sales" or "flea markets" or any similar casual
sales of tangible personal property which is advertised by any means
whereby the public at large is or can be made aware of said sale.
A building of not more than 2 1/2 stories and 30 feet
in height as measured from the average level of the ground immediately
adjacent to the base of the structure to its highest point, exclusive
of chimneys or towers, on one lot containing multiple-dwelling units
and sharing joint utility services or facilities, or both.
Two or more garden apartments on a single lot.
A more general use of office space than that limited by the
definition herein of "professional office," which "general office
use" shall include general business, executive or administrative use.
The Mayor and Township Council of the Township of North Brunswick.
A permit which must be obtained from the Zoning Officer prior
to the alteration of the existing grade on a lot. The alteration of
the existing grade on a lot shall be in accordance with the grading
plan approved by the Township Engineer.
The area of all floors of a building, including interior
balconies and mezzanines, measured from the interior walls of each
story of a building. The "gross floor area" of all buildings on a
lot shall include the floor area of accessory buildings on the same
lot, measured the same way.
The sum of the gross horizontal areas of the floor or several
floors of a dwelling designed for habitable use measured from the
interior walls of each floor, but not including any cellar or basement,
garage space, breezeway, interior patios, enclosed porches or accessory
building space. A basement or cellar or portion thereof may qualify
for inclusion if its area is designed for habitable use.
Liquids or gases having a flash point of 100° F. (37.7°
C.) or less or autoignition temperatures of 140° F. (560°
C.) or less.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of the State
of New Jersey, its communities or the nation and has been so designated
pursuant to the Municipal Land Use Law.
A building or group of buildings providing health services
under the supervision of licensed physicians, primarily for human
inpatients, medical and surgical care for the sick or injured and
including related facilities, central service facilities and staff
offices which are an integral part of the facilities.
A building containing furnished rooms to be occupied for
sleeping purposes by guests, without kitchen facilities being used,
rented or hired out.
A street curbed and paved in accordance with the standards
set forth in this chapter for new streets or, alternately, a street
which has been accepted and maintained by the Township of North Brunswick.
Roofed and enclosed buildings or structures designed and
equipped for the conduct of sports, leisure time activities and other
customary and usual recreational activities, such as, but not limited
to, tennis courts, handball and racquetball courts, soccer fields,
batting cages, skating and roller rinks, platform games, pools and
gymnasiums, gyms, and similar recreation activities.
[Added 11-16-2020 by Ord.
No. 20-23]
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the Township, whose right
to use, acquire or enjoy property is or may be affected by any action
taken under the Municipal Land Use Law or whose right to use, acquire
or enjoy property under the Municipal Land Use Law or under any other
law of this state or of the United States has been denied, violated
or infringed by an action or a failure to act under this chapter.
A lot bounded by a street on one side only.
A street or road that is developed wholly within a parcel
under one ownership and that meets all Township standards.
Any lot and/or structures used for the collection, storage
or abandonment of any waste, discarded or used material or the dismantling,
demolition, salvaging or abandonment of structures, automobiles or
other vehicles, equipment and machinery or parts thereof.
A room, all or any part of which is designed, built, equipped,
used or intended to be used for the preparation and cooking of foods,
and includes a permanently installed sink with a kitchen range, stove,
oven and/or cooktop, optional refrigerator and/or freezer, and/or
any other customarily used appliance or fixture for the preparation
of food.
[Added 5-15-2023 by Ord. No. 23-10]
Includes improvements and fixtures on, above or below the
surface.
The legal or beneficial owner or owners of all the land proposed
to be included in a planned unit development. The holder of an option
or contract to purchase, or other person having an enforceable proprietary
interest in, such land shall be deemed to be a "landowner" for the
purpose of this chapter.
An off-street space or space at the rear of the building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading. Such space must have clear means of ingress
and egress to a public street at all times.
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.
An area of land which is determined by the limits of the
lot line bounding the area and shall be expressed in terms of square
feet or acres. Any portion of a lot included in a street right-of-way
shall not be included in calculating "lot area." Portions of lots
encumbered by easements shall be included in the calculation of "lot
area."
The area of a lot covered by buildings and structures expressed
as a percentage of the total lot area.
The average distance of a line drawn from the street line
to the rear lot line at right angles to the front property line. When
the front property line is an arc of a circle or irregular in shape,
the depth shall be the average distance between the front and rear
lines. The greater frontage of a corner lot is its width, and its
lesser frontage is its depth.
Any line designating the extent or boundary of a lot, which
shall further be defined as follows:
FRONT LOT LINEA lot line or portion thereof which is coexistent with a street line.
REAR LOT LINEThe lot line most distant and generally opposite from and parallel to the front lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
A lot running through from one street to another.
The distance between the side lot lines measured at right
angles to the lot's depth. Required "lot width" shall be measured
at the permitted building front setback line.
Dwelling units which are subject to the price and occupancy
requirements of the Affordable Housing Ordinance, and whose sales
prices and rental charges do not exceed the maximum amounts determined
to be affordable by low- and moderate-income households.
A household with a gross aggregate family income which does
not exceed 50% of the regional median income, with adjustments for
household size.
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by this
chapter.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the Township as set forth and adopted pursuant
to the Municipal Land Use Law.
The chief executive of the Township of North Brunswick.
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as marble machines, pinball machines,
skill ball, mechanical grab machines, electronic video games and all
games and operations similar thereto under whatever name they may
be indicated.
Any use of a building or part of a building or premises wherein
there are located more than four mechanical amusement devices.
A subdivision of land that does not involve:
Same as "trailer" and as defined in § 205-92.5.
A household with a gross aggregate family income which is
greater than 50% of the regional median income, but which does not
exceed 80% of said regional median income, with adjustments for household
size.
A building or portion of a building in which autobody work
or the overhauling or replacement of engines is conducted.
An area of land, including structures thereon, used for the
servicing of motor vehicles, whose primary service is the retail sale
of gasoline. This use may also include minor repairs such as replacing
of mufflers and tail pipes, motor tuneups, changing of tires, polishing,
washing and lubrication, all of which are incidental to the primary
service rendered. Autobody work of any nature shall be excluded.
The Planning Board, Board of Adjustment or Township Council
or any agency created by or responsible to the Township when acting
pursuant to this chapter.
The Township of North Brunswick.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
[Amended 5-17-2021 by Ord. No. 21-09]
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 reasons of such adoption, revision or amendment.
[Amended 5-17-2021 by Ord. No. 21-09]
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 reasons of such adoption, revision or amendment.
[Amended 5-17-2021 by Ord. No. 21-09]
A place where trees, shrubs, vines and ornamental plants
are propagated and grown for gain.
A school designed to provide daytime care or instruction
for two or more children from two to six years of age, inclusive,
and operated on a regular basis.
The specific purpose for which land or a building is used,
designed or maintained.
The map with changes and additions therein, adopted and established
from time to time by resolution of the Board of Chosen Freeholders
of the county pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to Article 5 of the Municipal
Land Use Law.
The area located outside of the lot lines of the lot in question,
but within the property (of which the lot is a part) which is the
subject of a development application or on a contiguous portion of
a street or right-of-way.
The area not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
The area located on the lot in question.
The area located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
An open area, other than streets, for the same use as a private
garage.
A paved open area, other than a street or other public way,
used for the parking of automobiles and available to the public, whether
for a fee, free or as an accommodation for clients or customers.
An off-street space provided for the parking of a motor vehicle
designed in accordance with the requirements of this chapter, exclusive
of driveways or access drives.
For the purposes of notice, any applicant for development,
the owners of the subject property and all owners of property and
government agencies entitled to notice under the Municipal Land Use
Law.
An area of land, not used for receiving and storing material,
where the ground has been surfaced with a construction material, such
as brick, stone, cement or lumber, which does not project above the
official grade ground level and which is entirely uncovered by a roof
or any superstructure.
Any security which may be accepted by the Township in the
form of cash, certified check, performance bond or surety bond, as
may be required by the approving authority, provided that the cash
amount, if any, shall not exceed 10% of the total performance guaranty.
An area of a minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses incidental to the predominant use as may
be permitted by ordinance.
A planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
An area with a minimum contiguous acreage of 10 acres or
more to be developed as a single entity according to a plan containing
one or more residential clusters.
An area with a minimum of 50 acres of one or more parcels
to be developed as a single entity according to a plan, containing
one or more residential clusters or planned unit residential developments
and one or more public, quasi-public, commercial or industrial areas
in such ranges of ratios of nonresidential uses as specified hereinafter.
The Township Planning Board established pursuant to the Municipal
Land Use Law.
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48 and 40:55D-49 of the Municipal Land Use Law prior to final
approval after specific elements of a development plan have been agreed
upon by the approving authority and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
The primary or principal purpose for which a building, structure
or lot is used.
The office of a member of a recognized profession maintained
for the conduct of his profession. Such professions shall be limited
to those of medicine, law, architecture, engineering, art, religion,
music and other professions which require similar degrees of training
and experience.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to the
Township, a Township agency, Board of Education, state or county agency
or other public body for recreational or conservational uses.
The majority of the full authorized membership of a Township
agency.
A deck for which a guardrail is required by the Uniform Construction
Code.[2]
[Added 5-17-2021 by Ord.
No. 21-09]
An area to be developed as a single entity according to a
plan, containing residential housing units which have a common or
public open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
Any establishment which prepares and sells food for consumption
on the premises to patrons seated within an enclosed building. A drive-through
window shall be permitted as an accessory use to the principal restaurant
use. However, a snack bar at a public or a community playground, playfield,
park or swimming pool operated solely by the agency or group operating
the recreational facility, for the convenience of patrons of the facility,
shall not be deemed to be a "restaurant."
[Amended 11-16-2020 by Ord. No. 20-23]
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law.
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
A structure more than 18 inches high erected between lands
of different elevations to prevent the washing down or erosion of
earth from the upper slope level.
A structure forming the outside top covering of a building
which provides protection from animals and weather, such as rain,
snow, heat, wind or sunlight, and supported by structural supports
at grade, such as walls, columns, pillars or similar compression members.
An elevated open deck or landing shall not be considered a roof for
the purpose of this chapter.
[Added 5-17-2021 by Ord.
No. 21-09]
The deposition of soil that has been transported from its
site or origin by water, ice, wind, gravity or other natural means
as a product of erosion.
The horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
A line within any lot parallel to any street or property
line beyond which a building shall not extend, except as otherwise
provided for in this chapter.
Any device, structure or object, including painted wall signs,
for visual communication that is used for the purpose of advertising
the property or establishment upon which the display is exhibited,
but not including any flag, badge or insignia of any public, quasi-public,
civic, charitable or religious group.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises.
The area enclosed by the outermost frame or edge of a sign.
In case of lettering attached to building facades, the "sign area"
shall be the product of the maximum vertical dimension multiplied
by the maximum horizontal dimension of all lettering and symbols which
form the sign, including the empty space between.
A sign which directs attention to a business or profession
conducted on the premises. A "for sale" or "for rent" sign relating
to the property on which it is displayed shall be deemed a "business
sign."
Any sign which shall be used to advertise and identify the
business conducted on the premises where the sign is located.
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.
Any other information that may be reasonably
required in order to make an informed determination as to approval
of the plan by the Planning Board or Board of Adjustment and as may
be hereinafter required by this chapter.
Standards adopted regulating noise levels, glare,
earthborne or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic matters, smoke and airborne particles, waste
discharge, screening of unsightly objects or conditions and such other
similar matters as may be reasonably required by the Township.
Standards required by applicable federal or
state laws and Township ordinances.
That portion of a building between the surface of a floor
and the ceiling immediately above.
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such "half-story." A
basement shall also be included as a "half-story."
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which:
Is an existing state, county or Township roadway.
Is shown upon a plat heretofore approved pursuant
to law.
Is approved by official action as provided by
this chapter.
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.
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.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered "subdivisions"
within the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning Board
to be for agricultural purposes where all resulting parcels are five
acres or larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order.
Conveyances so as to combine existing lots by
deed or other instrument.
The term "subdivision" shall also include the
term "resubdivision."
Commercial retail stores which primarily sell foodstuffs
as well as other convenience and household goods. This definition
shall include large-scale retail stores, sometimes known as “big
box” stores, which are generally defined as retail sales establishments
in freestanding industrial-style one- or two-story buildings with
individual users occupying in excess of 50,000 square feet, of which
foodstuffs are a substantial component.
[Added 6-1-2004 by Ord. No. 04-12; amended 10-18-2010 by Ord. No.
10-30]
A swimming pool that is operated for profit and open to the
public or to a limited number of members and their guests, upon payment
of an hourly, daily, weekly, monthly, annual or other fee or operated
as a service rendered by a hotel, motel or apartment development whose
units are rented to transient or permanent residents.
A swimming pool located on a single-family lot with a residence
on it, utilized by the owner or his nonpaying guests, but which is
not operated for profit.
Any unit designed for living or sleeping purposes which is
equipped with wheels or some device used for the purpose of transporting
such unit from place to place, whether by motor vehicles or other
means, or any unit used for living or sleeping purposes, whether the
same is on blocks, posts or any other type of foundation. This term
shall also include automobile trailers, mobile homes, house trailers
and trailer coaches used as offices, residences or accessory structures
for storage purposes for both residential and nonresidential uses,
except travel trailers which are under eight feet in width and under
25 feet in length and which are not used for purposes of day-to-day
habitation.
Land and premises upon which two or more trailer coaches
occupied for living or sleeping purposes are located.
An accessory structure which is customarily incidental and
subordinate to the principal residential use of the lot, and is built
around a tree or placed up in the branches of the tree, and utilized
mainly for children to play in and not for residential purposes.
[Added 5-17-2021 by Ord.
No. 21-09]
A location at which trucks are parked or privately serviced
that transport goods and materials not produced, received for sale,
warehoused or used in manufacturing at that location.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A use of a building or land that conforms to the provisions
of this chapter.
Permission to depart from the literal requirements of this
chapter pursuant to N.J.S.A. 40:55D-40b, 40:55D-70c and 40:55D-70d
of the Municipal Land Use Law.
A structure or building, the principal use of which is for
the storage of merchandise or commodities on a short- or long-term
basis, having shipping and receiving facilities as a secondary use.
Trucking terminals having facilities designed to store, deposit or
hold merchandise on a temporary basis for further shipment or distribution
shall not be considered "warehouses" under this definition.
An open unoccupied space on the same lot with a building,
which space is unobstructed from the ground to the sky.
A yard extending the full width of the lot and not less in
depth than the minimum distance required between the street line and
the front setback line.
A yard extending across the entire width of the lot between
the rear line of the principal building and the rear lot line.
A yard extending along the side lot line from the front yard
to the rear yard and the nearest part of the principal building.
A document signed by the administrative officer which:
Is required by ordinance as a condition precedent
to the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building.
Acknowledges that such use, structure or building
complies with the provisions of the Township Zoning Ordinance or variance
therefrom duly authorized by a Township agency pursuant to N.J.S.A.
40:55D-60 and 40:55D-70 of the Municipal Land Use Law.
