Township of Cedar Grove, NJ
Essex County
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Table of Contents
Table of Contents
A. 
Words and phrases. 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 "district"; the word "occupied" includes the word "designed" and the phrase "intended to be occupied"; the word "use" includes the words "arranged" and "designed" and the phrase "intended to be used"; and the word "shall" is always mandatory.
B. 
Certain words and terms in this chapter are defined for the purpose thereof as follows:
ACCESSORY USE OR BUILDING
A subordinate use or building, the purpose of which is incidental and customary to that of the main use or building and on the same lot.
ACCESSORY STRUCTURE
A structure other than a building, which is used exclusively for an accessory use.
ADMINISTRATIVE OFFICER
The Zoning Officer, the Director of Community Development, and/or the Planning/Zoning Coordinator.
APARTMENT
A room or suite of connected rooms on a single floor designed or used for occupancy as a single dwelling unit by one family.
AREA, BUILDING
The total of areas taken on a horizontal plane at the maximum exterior circumferential sections of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
AREA, LIVABLE OR HABITABLE
The sum of the gross horizontal areas of a floor or several floors of a building measured between the inside face of exterior walls, or from the center line of walls separating two dwelling units, having a clear ceiling height of at least four feet, but no more than 10% of the habitable floor area shall have a ceiling height less than the prescribed ceiling height in the Building Code;[1] no cellar or garage space is to be considered to be included in livable area.
AREA, TOTAL FLOOR
The total area taken on a horizontal plane at the maximum circumferential sections of each of the floor levels of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
BASEMENT
That portion of a building having its finished floor surface either partially or completely below grade.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy or use and having a roof.
CATERING/BANQUET HALL
A large room or group of rooms that typically provides waiter services for banquets, conventions, weddings and other similar gatherings with food and beverages that are preselected and either served at the table or self-serve buffet style and is paid for on a per-person basis.
[Added 7-18-2011 by Ord. No. 11-729]
CELLAR
A basement having a floor-to-ceiling height less than that prescribed by the Building Code for livable/habitable areas, or having less than 1/2 its floor-to-ceiling height above the average finished grade of the adjoining ground.
CHILD-CARE CENTER
Any child-care facility regulated and licensed by the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
CHURCH
Synonymous with "house of worship," as defined below.
COMMERCIAL VEHICLE
A motor vehicle used for commercial purposes with or without an attached or permanently attached delivery body, including vehicles such as catering or canteen trucks, buses, cube vans, tow trucks, dump trucks, tanker trucks, tractor trailers, semi-trailers and any vehicle which has an exterior fixture or fixtures for the purposes of carrying equipment, materials, or supplies for commercial purposes.
COMMON
An unoccupied open space on a lot around which or on the opposite sides of which two or more principal buildings face.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
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, including 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 established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.
(1) 
A person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2).
(2) 
A person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23,[2] but not including a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
A 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 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, including but not limited to group homes, halfway houses, 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.).
(1) 
A person who has sustained an injury, illness, or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
Any community residential facility operated as a hospice program providing food, shelter, personal guidance, and health care services, under such supervision as required, to not more than 15 terminally ill persons.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
CONDITIONAL USE
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 the regulations herein, and upon the issuance of an authorization therefor by the reviewing board.
CONSERVATION EASEMENT
The grant of a property right stipulating that the described land will remain in its natural state and precluding future or additional development.
COURT
An open unoccupied space enclosed or partially enclosed by three or more intersecting walls of a building or buildings on the same lot. For the purpose of this chapter, the space included between two walls which intersect at an angle of less than 90º shall be considered a court.
CREST LINE
A line at the top of a mountain or hill at the edge or upper limit of a slope of 40% or more.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DISTURBED LOT COVERAGE
That area of a lot expressed as a percentage, which is graded, filled or otherwise disturbed in the course of construction.
DWELLING
A building, or portion thereof, which is designed or used exclusively as the living quarters for one or more families.
DWELLING, DUPLEX
A semidetached building designed for or occupied by two families living independently of each other with a common fire wall separating them either vertically or horizontally.
DWELLING, MULTIFAMILY
A building designed for or occupied by three or more families living independently of each other.
DWELLING, ONE-FAMILY
A detached building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILY
A building designed for or occupied by two families living independently of each other.
DWELLING UNIT
One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit with cooking, living, sanitary and sleeping facilities. In the case of a nursing home or like facility having dormitory-style rooms, whether or not such rooms include cooking and/or sanitary facilities, each room shall be considered a dwelling unit.
ELEEMOSYNARY OR PHILANTHROPIC INSTITUTION
A private or public organization that is organized and operated for the purpose of providing a service or carrying on a trade or business without profit.
FAMILY
One or more persons customarily living together as a single household, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house, hotel or motel.
FAMILY DAY-CARE HOME
The private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.).
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the floors of a building or of a structure having floors measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA RATIO
The sum of the gross area of all floors of all buildings or structures compared to the total area of the site.
[3]
FLOOR/LOT RATIO
The sum of the gross floor area, as defined above, of all buildings and structures, compared to the total area of the lot.
[4]
GARAGE, PRIVATE
An accessory building or part of a main building principally for the storage of motor vehicles as an accessory use.
GARAGE, PUBLIC
A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicle accessories, or where any such vehicles are kept for hire.
GARDEN APARTMENTS
Multifamily apartment dwelling units situated within one or more buildings, each of which contains four or more such units.
GASOLINE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or providing similar services for motor vehicles. Any such use shall be classified as a motor vehicle service station.
GRADE, EXISTING
The vertical location of the surface of the ground prior to any disturbance.
GRADE, FINISHED
The final elevation of the surface of the ground after disturbance or soil moving in conformance with an approved design.
HEIGHT OF BUILDING
The vertical distance measured from the average elevation of the finished grade as measured at all the building corners to the highest elevation of the roof surface or ridgeline on pitched roofs.
HELIPORT
An area used by helicopters or by other steep-gradient aircraft, which area includes passenger and cargo facilities, maintenance and overhaul facilities, fueling service, storage space, tie-down space, hangars and other accessory buildings or open spaces.
HELISTOP
An area on a roof or on the ground, used by helicopters or other steep-gradient aircraft for the purpose of picking up or discharging passengers or cargo.
HOME OCCUPATION
Any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit as regulated in this chapter.
HOSPITAL
An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
HOUSE OF WORSHIP
A building, structure, or group of buildings or structures that by design, construction, configuration, and operation are primarily intended for the conduct of organized religious services and the customary accessory uses incidental and subordinate to same.
IMPERVIOUS COVERAGE
The area of a lot, in relation to the whole, covered by buildings and other improvements including but not limited to sidewalks, driveways, parking areas, decks, patios, and tennis courts, whether such surfaces are paved or unpaved, which may prevent or impede the natural absorption of stormwater directly into the ground below. Impervious coverage is the same as lot coverage and specifically excludes the surface area of that portion of a swimming pool that is designed for water retention.
INFILL DEVELOPMENT
Development of a vacant site or of scattered vacant sites situated within an area that is already developed with established housing or other buildings, including such development as may involve the subdivision of a lot.
JUNKYARD
The use of more than 200 square feet of the area of any lot for the buying, selling, exchange, storing, packing, disassembling, baling or cleaning of discarded or salvage metals, plumbing fixtures, salvage materials and equipment from house wrecking or automobiles or parts thereof not in operable condition, but does not include uses entirely within enclosed buildings.
KENNEL
Any establishment wherein or whereon the business of boarding or training animals, or breeding animals for sale is carried on.
LANDSCAPED BUFFER
Open spaces and landscaped areas, which may include fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield, or block noise, lights, or other nuisances. No buildings or pavement are permitted within the landscaped buffer area with the exception of driveways needed for access to an adjacent road in a front yard.
LONG-TERM CARE FACILITY
A facility such as a nursing home, that is licensed by the Department of Health of the State of New Jersey, to provide health care under medical supervision and continuous nursing care for 24 or more consecutive hours to two or more residents whose physical or mental condition requires such care, and who are not related to the governing authority by marriage, blood, or adoption.
LOT
A piece, parcel, or plot of land occupied or designed to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are arranged and designed to be used in connection with such buildings.
LOT, CORNER
A parcel of land with two or more adjacent sides abutting upon streets. Each street side shall be considered a front yard.
LOT COVERAGE
The area of a lot, in relation to the whole, covered by buildings and other improvements including but not limited to sidewalks, driveways, parking areas, decks, patios, and tennis courts, whether such surfaces are paved or unpaved, which prevent or impede the natural absorption of stormwater directly into the ground below. "Lot coverage" is the same as impervious coverage and specifically excludes the surface area of that portion of a swimming pool that is designed for water retention.
LOT DEPTH
A mean distance between the front lot line and rear lot line measured in the general direction of its side lines. Where the front lot line does not coincide with the street line, the lot depth shall be measured from the street line.
LOT FRONTAGE
The distance between side lot lines measured along the street right-of-way line.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
A line of record dividing one lot from another.
LOT WIDTH
The distance between side lot lines measured along the required minimum front yard setback line.
MEDICAL CLINIC
An establishment where patients who are not lodged overnight are admitted for examination and treatment by two or more physicians, dentists, psychologists, social workers or similar professionals practicing together.
MOTOR VEHICLE SERVICE STATION
Any land, building or part of a building used for repairing motor vehicles, such as engine overhaul, body repairs, replacement of parts, painting of motor vehicles or any part thereof and other repairs of a major character. Any such land, building or part of a building where vehicles are also supplied with gasoline or other motor fuels shall be classified also as a gasoline station.
MUNICIPAL AGENCY
The Township Planning Board or Board of Adjustment or the governing body, when acting pursuant to this chapter, Chapter 38, Land Use Procedures, and the Municipal Land Use Law and any agency which is created by or responsible to the Township when acting pursuant to this chapter, Chapter 38, Land Use Procedures, and the Municipal Land Use Law. The term "reviewing board" is synonymous with the term "municipal agency" and refers interchangeably to the Planning Board or the Board of Adjustment, as either Board acts in its capacity regarding any matter under its jurisdiction as designated by the Municipal Land Use Law.
NONCONFORMING BUILDING
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zone district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zone 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 this chapter, but which fails to conform to the requirements of the zone district in which it is located by reason of such adoption, revision or amendment.
OPEN SPACE
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.
OPEN SPACE, PUBLIC
Any open space area conveyed or otherwise dedicated to the municipality, a municipal agency, the Board of Education, a state or county agency, or other public body for recreational or conservation uses.
PARKING SPACE
An off-street paved area available for the parking of a motor vehicle which shall have a minimum area of nine feet wide by 18 feet in depth.
PLANNED RESIDENTIAL DEVELOPMENT
An area with a minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses, as permitted by this chapter, all primarily for the benefit of the residential development.
PREVAILING FRONT YARD SETBACK
The approximate front yard setback at which the majority of buildings fronting on the same side of the same street within a particular block area or other area, as may be defined by topographic features, zoning districts, separating roadways, or divergent uses, are situated, which setback is a defining characteristic of the block area or neighborhood in which the buildings are located.
PRINCIPAL BUILDING
A building in which is conducted the principal use of the lot on which it is located.
PRINCIPAL BUILDING COVERAGE
That portion of a lot expressed as a percentage covered by the principal building.
PRINCIPAL USE
The primary or predominant use of any building or lot.
QUADRIPLEX
A group of four attached one-family dwelling units, each having at least two private entrances from the exterior, up to 1 1/2 stories above grade, and separated from one another by vertical fire walls.
RESIDENTIAL CLUSTER
A contiguous or noncontiguous 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.
RESTAURANT
An establishment in which specific food and beverages are ordered, from a menu to a waiter, and prepared for consumption on the premises by small groups of patrons seated at tables, booths, or counters, and payment is made before leaving.
[Amended 7-18-2011 by Ord. No. 11-729]
RETAIL SALES STORES, SHOPS, AND MARKETS
Establishments for the sale of goods for use or consumption on or off the premises, which goods are intended to meet direct consumer food, clothing, furnishing, recreational or other needs and are not intended for resale, excluding motor vehicles.
RETAIL SERVICE SHOPS
Establishments for the provision of retail services such as personal care, clothing care, small appliance repair, upholstery, pet grooming, catering and other similar services, excluding servicing of motor vehicles.
RETAIL SHOPPING CENTER
A facility consisting of one or more buildings designed for occupancy and use by more than one enterprise for the conduct of business as an integrated and comprehensively planned retail installation.
SELF-STORAGE FACILITY
A building, or group of buildings, containing smaller, self-contained, individually-accessed units that are leased for the storage of goods and materials.
SETBACK
The minimum required distance measured from the property lines to the nearest portion of a structure, in the case of a building, its footings or foundation. The following specific features of a principal building shall be excluded from the setback requirement, provided that they extend into the setback area by not more two feet: bay windows, chimneys, overhangs, steps.
SIGN
Any object, device, display or structure, or part thereof, situated outdoors or indoors, intended to be in view of the general public, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. For the purposes of this chapter, this definition shall not include official public notices, the flag or insignia of any governmental jurisdiction, or any traffic signal or sign maintained by a governmental entity.
SIGN AREA
The area of a sign shall be the entire display or total gross advertising area within a single continuous rectangular perimeter enclosing the extreme limit of such display space exclusive of any structural or framing elements. The area of a freestanding sign with two faces shall be the equivalent of the area of one of the faces.
SLOPE
A computation of percentage in which vertical distance is the numerator and the horizontal distance is the denominator, calculated at ten-foot intervals (e.g., a ten-foot difference in elevation over a horizontal position of 25 feet is a slope of 40%).
SOIL MOVING
Any digging, stripping, excavation, removal or deposition of soil, filling, grading, regrading, leveling, or other activity that alters the contour of the land or elevation of the surface of the ground from its condition prior to such activity.
[5]
STEEP SLOPE
A slope of at least 20%.
STORY
That part of a building comprised between a floor and the floor or roof next above including a parking level.
STORY, ABOVE GRADE
Any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the finished surface of the floor above the basement is:
(1) 
More than six feet above the average finished grade along the foundation;
(2) 
More than six feet above the finished grade for more than 50% of the total building perimeter; or
(3) 
More than 12 feet above the finished grade at any point.
(1) 
A story located wholly or partly within the roof construction and having a maximum floor area of 60% of the story below, and a clear height of at least seven feet between the top of the floor beams and the structural ceiling. Areas within said half story shall be part of, connected with, and used with the area of the floor below.
(2) 
A story located wholly or partly within the roof construction having a ceiling height not conforming to that prescribed by the Building Code for livable/habitable areas.
(3) 
A mezzanine that exceeds 33% of the area of the floor immediately 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 shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provide by N.J.S.A. 40:55D-1 et seq., or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to appointment of the Planning Board and the grant to such Board 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 edge of an existing or future street right-of-way line that forms the dividing line between the street and a lot, across which there is permanent access to the lot.
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
A one-family dwelling unit having up to 2 1/2 stories above grade, having front and rear access to the outside, and constructed in a row of three but nor more than six such attached units separated by vertical fire walls.
TOWNHOUSE COMPLEX
A group of buildings containing townhouses in an integrated and comprehensively planned community.
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
WAREHOUSE
A building used primarily for the storage of goods and materials.
WIRELESS TELECOMMUNICATIONS ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals, digital signals, analog signals, or electromagnetic waves for wireless communications.
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND
A fenced area which contains any combination of wireless telecommunications structures, buildings, antennas, equipment, and/or towers.
WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT, AND/OR TOWERS
Buildings and/or other structures and equipment for the delivery of wireless telecommunications except for satellite dish antennas. For purposes of this chapter, wireless telecommunications structures, antennas, equipment, and/or towers may be collectively referred to as "wireless telecommunications facilities." This definition shall not include any tower supporting an antenna or antenna array that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
WIRELESS TELECOMMUNICATIONS TOWER
A vertical structure used to support wireless telecommunications antennas.
YARD, FRONT
An open unoccupied space extending across the full width of the lot and lying between the street line of the lot and the nearest line of any building. The depth of the front yard shall be measured at right angles to the street line. The required front yard area is that space extending across the full width of the lot and lying between the street line of the lot and the required front yard setback line.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot; or, if the lot is not rectangular, then a mean depth shall be established based on the general direction of the side lot lines. The required rear yard is that space extending across the full width of the lot and lying between the rear line of the lot and the required rear yard setback line.
YARD, SIDE
An open, unoccupied space between the side line of the lot and the nearest line of any building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot lines, as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot. The required side yard is that space between the side line of the lot and the required side yard setback line and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot lines, as the case may be.
ZONING OFFICER
The municipal official designated by the Township Manager to enforce the provisions of the Zoning Ordinance and to issue zoning permits.
ZONING PERMIT
A document signed by the Zoning 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 and which acknowledges that such use, structure, or building complies with the provisions of this chapter or variance therefrom duly authorized by the appropriate municipal agency in accordance with the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
[1]
Editor's Note: See Ch. 119, Construction Codes, Uniform.
[2]
Editor's Note: Repealed by L. 1987, c. 116. See now N.J.S.A. 30:4-27.1 et seq.
[3]
Editor's Note: See Floor Area Ratio (F.A.R.) diagram included at the end of this chapter.
[4]
Editor's Note: See Floor/Lot Ratio diagram included at the end of this chapter.
[5]
Editor's Note: See Ch. 226, Soil Removal.