This chapter shall be known and may be cited as the "Zoning
Ordinance of the Township of East Brunswick."
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, morals, comfort, prosperity
and general welfare. It is not intended by this chapter to repeal,
abrogate, annul or in any way impair or interfere with any existing
provision of law or ordinance or with any rules, regulations or permits
previously adopted or issued or which shall be adopted or issued pursuant
to law, relating to the uses of building or land, or with any private
restrictions placed upon a property by covenant or deed; provided,
however, that where this chapter requires a greater width or size
of yards, courts or other open spaces or requires a lower height of
buildings or less number of stories or requires a greater percentage
of lot to be left unoccupied or imposes restrictions more extensive
than ones required in any other statute or local ordinance or regulation,
the provisions of the regulations in this chapter shall govern.
[Amended 6-13-61; 3-12-63; amended 2-11-91 by Ord. No. 91-10; 5-13-91 by Ord.
No. 91-47; 4-14-93 by Ord. No. 93-12; 8-23-93 by Ord. No. 93-46; 12-27-93 by Ord. No. 93-73; 7-10-95
by Ord. No. 95-23; 4-22-96 by Ord. No. 96-8; 12-23-96 by Ord. No. 96-41; 10-27-97 by Ord.
No. 97-22; 2-22-99 by Ord. No. 99-8; 11-22-99 by Ord. No. 99-45; 2-14-00 by Ord. No. 00-2; 5-1-00
by Ord. No. 00-11; 8-14-00 by Ord. No. 00-15; 8-27-01 by Ord. No. 01-28; 7-8-02 by Ord.
No. 02-12; 8-26-02 by Ord. No. 02-20; 5-9-11 by Ord. No. 11-07; 8-11-03 by Ord. No. 03-25; 8-28-06
by Ord. No. 06-28; 5-9-11 By Ord. No. 11-07; 09-21-15 by Ord. No. 15-16; 11-28-16 by Ord.
No. 16-20; 5-8-17 by Ord. No. 17-22; 10-9-17 by Ord. No. 17-34; 8-13-18 by Ord. No. 18-18; 12-10-18
by Ord. No. 18-39]
Meanings. For the purpose of this Ordinance, unless the context clearly indicates a different meaning, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. The singular shall also mean the plural and person(s) shall also mean other legal entities. All definitions in Chapter 132, Land Use Procedures, shall also apply to this Ordinance. Certain words and terms in this chapter are defined for the purpose thereof as follows:
A structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or use. No accessory structure shall have cooking facilities
installed therein or be used for dwelling purposes.
[Added 8-26-02 by Ord. No. 02-20; amended 5-9-11 by Ord. No. 11-07]
A subordinate use or building, the purpose of which is incidental
to that of a main use or building on the same lot.
[Amended 8-11-03 by Ord. No. 03-25]
(1) An establishment devoted to adult entertainment, either
with or without a liquor license, presenting material distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to sexual activities or anatomical genital areas; (2) an
establishment that features topless dancers, go-go dancers, strippers,
male or female impersonators, or similar entertainers for observation
by patrons.
[Added 7-10-95 by Ord. No. 95-23]
A facility or a distinct part of a facility which is licensed
by the New Jersey State Department of Health to provide preventive,
diagnostic, therapeutic, and rehabilitative services under medical
supervision to meet the needs of functionally impaired adult patients.
Adult day care facilities provide services to patients for a period
of time which does not exceed 12 hours during any calendar day.
[Added 5-1-00 by Ord. No. 00-11]
Land shall be deemed to be an agricultural use when devoted
to the production for sale of plants and animals useful to man; including
but not limited to: forages and sod crops; grains and feed crops;
dairy animals and dairy products; poultry and poultry products; livestock;
including beef cattle, sheep, swine, horses, ponies, mules or goats,
including the breeding and grazing of any or all of such animals,
trees and forest products, and which meets the requirements of the
"Farmland Assessment Act".
[Added 6 27 83 by Ord. No. 83 508]
A service road that provides a secondary means of access
to lots.
[Amended 5-9-11 by Ord. No. 11-07]
A permitted alternative treatment center authorized to grow
and/or provide registered qualifying patients with medicinal marijuana
in accordance with N.J.S.A. 24:61-1 et seq.
[Added 12-10-18 by Ord. No. 18-39; amended 7-12-2021 by Ord. No. 21-16]
One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained living space intended for
or occupied by one family or household in a building containing other
dwelling units.
[Amended 5-9-11 by Ord. No. 11-07]
A single-family dwelling unit which may be structurally joined
to at least one but not more than two other similar dwelling units,
not exceeding one story or 20 feet in height. All major rooms in such
a unit open onto a central court or atrium surrounded by three or
four sides of the unit.
[Added 5-9-11 by Ord. No. 11-07]
Means and includes any automobile or motor car with a carrying
capacity of not more than 9 passengers, not including the driver,
used in the business of carrying passengers for hire which is held
out, announced or advertised to operate or run or which is operated
or run over any of the streets or public highways of this State, and
which is hired by charter or for a particular contract, or by the
day or hour or other fixed period, or to transport passengers to a
specified place or places, or which charges a fare or price agreed
upon in advance between operator and the passenger.
[Added 8-28-89 by Ord. No. 89-51]
General repair, rebuilding, or reconditioning of engines,
and other mechanical parts of motor vehicles, collision service, body
repair and frame straightening, painting and upholstering, vehicle
steam cleaning and undercoating. No repair or sales of trucks shall
be permitted.
[Added 10-27-97 by Ord. No. 97-22; amended 8-11-03 by Ord. No. 03-25]
Minor repairs, incidental replacement of parts and motor
service to motor vehicles excluding trucks.
[Added 10-27-97 by Ord. No. 97-22; amended 8-11-03 by Ord. No. 03-25]
An area where motor vehicles are disassembled, dismantled
or junked, or where vehicles not in operable condition, or used parts
of motor vehicles are stored.
[Added 10-27-97 by Ord. No. 97-22]
A fireproof space frame structure with translucent flexible
reinforced vinyl covering designed in awning form, but whose principal
purpose and use is signage. Such signs are internally illuminated
by fluorescent or other light sources in fixtures approved under National
Electrical Codes and BOCA code.
[Added 12-27-93 by Ord. No. 93-73]
A banquet facility shall be incorporated as an extension
of a restaurant and provides a dining facility for gatherings of large
groups of people usually for special occasions such as weddings, bar
mitzvahs, etc. which are held in a private room. The arrangements
for such gatherings are made in advance.
[Added 1-31-83 by Ord. No. 83-494]
A portion of a restaurant or hotel establishment in which
the sale of alcoholic and non-alcoholic beverages is accessory to
the sale of food and/or meals.
[Added 7-10-95 by Ord. No. 95-23]
A freestanding sign that identifies or communicates a message
related to an activity conducted, a service rendered, or a commodity
sold at a location other than where the sign is located.
[Added 2-14-00 by Ord. No. 00-2]
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
[Amended 5-9-11 by Ord. No. 11-07]
The horizontal area measured from the outside of the exterior
walls of the ground floor of all principal and accessory buildings
on a lot.
[Added 10-26-87 by Ord. No. 87-871]
The vertical distance measured from the mean elevation of
the finished grade along the front of the building to the highest
point of the roof for flat roofs; to the mean height level (between
the eaves and ridge) for gable and hipped roofs; and to the deck line
for mansard roofs.
Any lawful commercial endeavor to engage in the manufacturing,
purchase, sale, lease, or exchange of goods and/or the provision of
services.
[Added 8-26-02 by Ord. No. 02-20]
A grower, cultivator or producer of cannabis in the State
of New Jersey who sells and may transport cannabis to other growers,
processors, wholesalers or retailers, but not to consumers.
[Added 7-12-2021 by Ord.
No. 21-16]
A provider of courier services for consumer purchases of
cannabis items and related supplies fulfilled by a cannabis retailer.
Same includes the use by a licensed cannabis retailer of any third-party
technology platform to receive, process, and fulfill consumer orders,
provided that any physical acts in connection with the filling and
delivery of an order is accomplished by a certified cannabis handler
performing work for or on behalf of the licensed cannabis retailer.
[Added 7-12-2021 by Ord.
No. 21-16]
A transporter of cannabis items in bulk, intrastate, from
one licensed cannabis establishment to another licensed cannabis establishment.
[Added 7-12-2021 by Ord.
No. 21-16]
A processor of cannabis items in the State of New Jersey
who purchases or otherwise obtains usable cannabis for the purpose
of manufacturing, preparing, packaging and selling cannabis items.
At their option they can transport said cannabis items to other cannabis
processors, wholesalers, and/or retailers, but not to consumers.
[Added 7-12-2021 by Ord.
No. 21-16]
A purchaser or obtainer of usable cannabis from cannabis
cultivators and cannabis items from cannabis manufacturers or cannabis
wholesalers who sells same to consumers for either medical or recreational
use from a retail store.
[Added 7-12-2021 by Ord.
No. 21-16]
A purchaser or obtainer of cannabis items in the State of
New Jersey who obtains, stores, sells or otherwise transfers 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 7-12-2021 by Ord.
No. 21-16]
An overhanging part of a structure supported at one end only.
[Added 5-9-11 by Ord. No. 11-05]
A pre-manufactured storage facility designed to hold or enclose
commodities, be carried on a motor vehicle, or be transported by rail
car or ship.
[Added 5-9-11 by Ord. No. 11-07]
A sign whose informational content can be changed or altered
by manual or electric, electromechanical, or electronic means.
[Added 12-27-93 by Ord. No. 93-73]
The Chief Construction Official of the Division of Construction
Inspection and any of his duly authorized deputies, assistants, and
representatives.
[Amended 6-26-67 by Ord. No. 67-8 K; 10-23-78 by Ord. No. 78-89]
A group of people organized for a common purpose to pursue
common goals, interests, or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and by-laws.
[Added 7-10-95 by Ord. No. 95-23]
A form of planned development that permits a reduction in
lot area and bulk requirements, provided there is no increase in the
number of lots permitted under a conventional subdivision or increase
in the overall density of development, and the remaining land area
is devoted to open space, active recreation, preservation of environmentally
sensitive features or agriculture.
[Added 8-27-01 by Ord. No. 01-28; amended 5-9-11 by Ord. No. 11-07]
Activity involving the sale of goods or services carried
out for profit.
[Added 5-9-11 by Ord. No. 11-07]
All trucks and trailers, loaded or unloaded, buses or other
vehicles used for commercial purposes and/or with linear measurements
greater than any one of the following: 20 feet in length, seven feet
in width excluding rearview mirrors, or eight feet in height excluding
radio antenna. Also included are all cabs or tractors capable of pulling
a trailer. This does not include privately used campers and motor
homes or vehicles in the course of making deliveries or rendering
services requested by an adjacent resident.
[Added 4-11-88 by Ord. No. 88-819; amended 5-9-11 by Ord. No. 11-07]
Includes the term common recreation lands. 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. Includes
the term common recreation lands.
[Added 4-10-72 by Ord. No. 72-8EE]
The lands that abut each other or are separated only by streets,
ways, easements, pipelines, electric power lines, conduits, or rights-of-way
owned in fee or less than fee by third parties.
[Added 5-9-11 by Ord. No. 11-07]
A retail store offering for sale convenience goods, such
as prepackaged food items, tobacco, periodicals, limited grocery items
and other household goods.
[Added 5-8-17 by Ord. No. 17-22]
Single-family dwellings on individual lots requiring no public
or community open space. Characterized by the division of the entire
subject parcel into lots.
[Added 8-27-01 by Ord. No. 01-28]
Sale, display and fabrication or assembly of site-crafted
items including silver smithing, metal smithing, fine cabinet work,
cloth weaving, ceramics, pottery, leather working and printing subject
to the following
[Added 8-27-01 by Ord. No. 01-28]:
No article may be sold, offered for sale, except as may be crafted
on-site. Articles shall be site-crafted items of a nature distinct
from general manufacturing.
No business may be conducted with members of the public later
than 10:00 p.m.
Not more than three persons who are not a resident of the property
may be employed.
No firearms may be used in any form in said business including
repair of nonfunctioning parts.
The following examples, but not an exhaustive list of uses which
are prohibited cottage industries: motor vehicle repair facilities,
excavating business, outdoor storage yards/junkyards, restaurants,
repair shops.
See Nursery School.
[Added 5-9-11 by Ord. No. 11-07]
The permitted number of dwelling units per gross area of
land to be developed.
[Added 12-13-93 by Ord. No. 93-76]
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 use of
any building or other structure, or land or extension of use of land
for which permission may be required pursuant to this act.
[Added 5-9-11 by Ord. No. 11-07]
Any sign that directs the movement or placement of pedestrians
or vehicular traffic on a lot.
[Added 5-29-84 by Ord. No. 84-570]
A freestanding sign which lists the occupants or tenants
of a site or building.
[Added 5-29-84 by Ord. No. 84-570]
A public eating facility where patrons purchase food while
outside the physical premises of the establishment, whether or not
such patrons purchase such food while in their cars from a waiter
or waitress or from an employee over a counter for consumption either
within the patron's car or away from the premises, and which does
not require the patron to enter the building in order to be served.
[Added 1-24-77 by Ord. No. 76-8JJJ, amended 4-14-93 by Ord. No. 93-12]
An improved space providing access for vehicles to a parking
space, garage, dwelling or other structure and accessory to the use
served.
[Added 2-22-99 by Ord. No. 99-8]
A one-family dwelling attached to two or more one-family
dwellings by common vertical walls.
[Added 7-8-02 by Ord. No. 02-12]
A building or portion thereof used or designated as a residence
for three or more families living independently of each other and
doing their own cooking in the building, including apartment houses,
apartment hotels and flats, but not including automobile courts or
hotels as defined by this subsection.
A detached building designed for or occupied exclusively
by one family. A single-family dwelling contains only one kitchen.
[Amended 5-9-11 by Ord. No. 11-7]
A detached or semidetached building where the individual
family units are entirely separated by vertical walls or horizontal
floors, unpierced except for access to the outside or to a common
basement.
One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained living space intended for
or occupied by one family or household. All portions of the unit must
be incorporated into the structure and function as a single unit.
Additions utilizing a breezeway or any other architectural feature
and containing only a bedroom and bathroom would constitute a prohibited
second unit. "Breezeway": A roofed passage connecting two buildings.
[Amended 5-9-11 by Ord. No. 11-07; 12-13-2021 by Ord. No. 21-33]
Lines for the transmission of electrical power other than
those lines required for the furnishing and conveyance of electrical
power to individual properties and users within the Township of East
Brunswick.
[Added 10-27-71 by Ord. No. 71-8DD]
An electronic or other powered device that can be used to
deliver nicotine or other substances to the person inhaling from the
device, including, but not limited to, an electronic cigarette, cigar,
cigarillo or pipe.
[Added 2-10-2020 by Ord.
No. 20-04]
The physical device that provides a connection from a power
source to an electric vehicle.
[Added 4-8-2019 by Ord.
No. 19-06]
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 4-8-2019 by Ord.
No. 19-06]
A business involved with the removal or recovery by any means
whatsoever of soil, rock, minerals, mineral substances or organic
substances other than vegetation, from water or land on or beneath
the surface thereof, or beneath the land surface, whether exposed
or submerged.
[Added 8-23-93 by Ord. No. 93-46]
A sign attached to, painted on or erected against the exterior
wall or window of a building or an awning.
[Added 5-29-84 by Ord. No. 84-570]
One or more persons living as a single, nonprofit housekeeping
unit, and sharing common living, sleeping, bathrooms, cooking and
eating facilities, as distinguished from individuals or groups occupying
a hotel, rooming house, club or fraternity or sorority house.
[Amended 5-9-11 by Ord. No. 11-07]
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.).
[Added 5-9-11 by Ord. No. 11-07]
A public eating facility where patrons purchase food while
within the physical premises of the restaurant, or from an attached
drive-through facility, which is obtained by self-service or from
an employee of the establishment over a counter, for consumption either
within the establishment or away from the premises. Food is usually
served in edible containers, wrappers or other disposable containers.
[Added 5-22-78 by Ord. No. 78-29; amended 4-14-93 by Ord. No. 93-12]
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen, or separate areas.
[Added 8-14-00 by Ord. No. 00-15]
See "gross floor area" definition.
[Amended 5-9-11 by Ord. No. 11-07]
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
[Added 9-24-84 by Ord. No. 84-604]
Establishments engaged in the operation of timber tracts,
tree farms, forest nurseries and related activities such as forestation
services and the gathering of gums, barks, balsam needles, and maple
sap, and which meets the requirements of the Farmland Assessment Act.
[Added 6-27-83 by Ord. No. 83-508]
A sign supported by poles, columns, upright or foundations
affixed to the ground but not attached to any part of any building.
[Added 5-29-84 by Ord. No. 84-570]
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation"; provided, however, in designating
a wetland, the three-parameter approach (that is, hydrology, soils
and vegetation) enumerated in the April 1, 1987, interim final draft
"Wetland Identification and Delineation Manual," developed by the
United States Environmental Protection Agency, and any subsequent
amendments thereto shall be used.
[Added 6-12-89 by Ord. No. 89-37]
A building used for the housing or storing of self-propelled
motor vehicles, or unit portions thereof, designated for use on public
highways.
GARAGE, PRIVATEA garage intended for and used by the private motor vehicles of the families resident upon the premises. Where permitted, such garage may include commercial vehicles of the number, size and capacity specified in this chapter.
[Amended 2-5-68 by Ord. No. 68-8M]
GARAGE, PUBLICAny garage not included within the definition of a "private garage."
By way of exception to the foregoing, any person may conduct
not more than three sales, commonly known as "garage, porch, attic,
basement or lawn sales," on his or her premises in any one calendar
year. The sale shall generally be known as a "garage sale," which
is defined as a public sale of used personal property in a residential
area of the municipality, commencing not earlier than 9:00 a.m., terminating
by sundown and extending no more than a three-day period. Garage sales
shall offer only used items and personal property owned by the resident
of the property when the sale is held. No new merchandise shall be
offered for sale nor may merchandise from sources other than homes
be brought in and offered for sale.
[Amended 12-8-75 by Ord. No. 75-8WW; 11-8-82 by Ord. No. 82-475; 7-25-84 by Ord. No. 84-591]
Buildings and premises used for the retail dispensing or
sales of vehicular fuels, and minor repair of motor vehicles excluding
trucks, and including as an accessory use the sale and installation
of lubricants, tires, batteries and similar vehicle accessories. (Includes
automobile service station).
[Added 8-11-03 by Ord. No. 03-25]
A facility associated with the sale of gasoline products,
that also offers for sale prepackaged food items and tangible consumer
goods, primarily for self-service by the consumer.
[Added 8-11-03 by Ord. No. 03-25]
The mean average finished ground elevation at the front of
the building.
Any pictorial, illustrative form of communication utilized
to identify or bring attention to a specific premise. This communication
may be in the form of a company logo, artwork, illumination or other
pictorial representation.
[Added 5-9-11 by Ord. No. 11-07]
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of exterior walls or
from the centerline of a wall separating two buildings.
[Added 4-11-88 by Ord. No. 88-819]
A facility where members or nonmembers use equipment or space
for the purpose of physical exercise.
[Added 5-8-17 by Ord. No. 17-22]
A vehicle used to tow or remove other vehicles which have
registered gross vehicle weights in excess of 10,000 pounds.
[Added 10-27-97 by Ord. No. 97-22]
Large metal towers used to support high voltage electrical
transmission wire.
[Added 10-27-71 by Ord. No. 71-8DD]
Any lawful use customarily conducted for profit 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, subject
to the following:
[Amended 11-8-82 by Ord. No. 82-475; 11-12-91 by Ord. No. 91-108]
No article may be sold, offered for sale, except as may be produced
by members of the immediate family residing in the dwelling.
No machinery or equipment may be used which will cause electrical
or other interference with radio and television reception in adjacent
residences or cause offensive noise, odor, vibration, heat or glare.
No advertising sign may be displayed.
[Amended 11-12-91 by Ord. No. 91-108]
No permitted home occupation may be conducted with members of
the public later than 10:00 P.M.
There shall be no external display of goods.
[Added 11-12-91 by Ord. No. 91-108]
Not more than one person who is not a resident in the dwelling
may be employed.
[Added 11-12-91 by Ord. No. 91-108]
There shall be no outside storage of any kind related to the
home occupation.
[Added 11-12-91 by Ord. No. 91-108]
No such use shall require external alterations to the dwelling
other than those necessary to provide barrier-free access.
[Added 11-12-91 by Ord. No. 91-108]
Any deliveries of materials to or from the residence shall be
made by either car, station wagon or other six-wheel vehicle or van
and shall only occur during the hours of 9:00 a.m. to 5:00 p.m. Monday
through Saturday.
[Added 11-12-91 by Ord. No. 91-108]
No firearms may be used in any form in said business including
repair of non-functioning parts.
[Added 11-12-91 by Ord. No. 91-108]
Customer/client parking shall not interfere with residential
parking on the street.
[Added 11-12-91 by Ord. No. 91-108]
Not more than one home occupation shall be conducted on an individual
lot.
[Added 11-12-91 by Ord. No. 91-108]
Prohibited Occupations in Home. The following are examples,
but not an exhaustive list, of uses which are prohibited home occupations:
clinics, hospitals, barbershops, beauty parlors, coffee shops, tourist
homes, animal hospitals, motor vehicle repair facilities, excavating
business, outdoor storage yards, medical offices, real estate brokers,
dental offices, chiropractor offices.
[Amended 1-31-83 by Ord. No. 83-489; 11-12-91 by Ord. No. 91-108]
Permitted Occupations in Homes. The following are examples,
but not an exhaustive list, of uses which are home occupations: a
studio of instruction for art, music, dance, ceramics, sculpture or
any academic subject provided there are not more than four non-residents
present at any one time; a nursery school or baby-sitting service
permitted as a home occupation under state law; sewing or clothing
alteration; offices of accountant, bookkeeper, lawyer, architect,
engineer, planner.
[Amended 11-12-91 by Ord. No. 91-108]
Land shall be deemed to be in horticulture use when devoted
to the production for sale of fruits of all kinds, including grapes;
nuts and berries; vegetables; nursery; floral, ornamental and greenhouse
products, and which meets the requirements of the "Farmland Assessment
Act."
[Added 6-27-83 by Ord. No. 83-508]
A building in which lodging is provided and offered to the
public for compensation, and which is open to transient guests and
is not a rooming or boarding house.
[Amended 10-9-17 by Ord. 17-34]
The use of any lot for the storage, keeping or abandonment
of junk, including scrap metals or other scrap material, or for the
dismantling, demolition or abandonment of structures, automobiles
or other vehicles, equipment and machinery or parts thereof; provided,
however, that this definition shall not be deemed to include any of
the foregoing uses which are accessory and incidental to any agricultural
use permitted in any zones. The term "junkyard" as herein defined
includes automobile wrecking yards.
Any room principally used, intended or designed to be used
for cooking or the preparation of food. The presence of a range or
oven, or utility connections suitable for servicing a range or oven,
and/or a full size sink and/or a dishwasher shall be considered as
establishing a kitchen. The existence of more than one range, sink
and/or dishwasher within the same room will meet the definition of
one kitchen.
[Added 5-9-11 by Ord. No. 11-07]
A strip of land extending along the lot's property lines
restricted to landscape elements and which may include plantings,
earth berms, and lawns and which may include natural features, sculpture,
signs, lighting and pedestrian or bicycle pathways. It shall not include
motor vehicle parking or driveways, except driveways connecting adjacent
parking areas or to provide access from the street, may cross a landscape
buffer. The width of the landscape buffer shall be measured at right
angles to the lot line.
[Added 10-26-87 by Ord. No. 87-871; amended 4-11-88 by Ord. No. 88-819]
A business that deals with the design and installation of
landscapes which shall include planting of lawns, trees, shrubs and
the addition of decorative features to the land. The business may
also include grading and clearing of land to facilitate planting of
lawns or the installation of other landscape materials. Also includes
businesses involved in the maintenance of grass and landscaping.
[Added 8-23-93 by Ord. No. 93-46]
Means and includes the business of carrying passengers for
hire by auto cab.
[Added 8-29-89 by Ord. No. 89-51]
An off street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
A street primarily designed to provide vehicular access to
abutting residential properties.
[Added 8-28-06 by Ord. No. 06-28]
The floor placed between the roof and the floor of the uppermost
story within a single-family detached dwelling, the floor area of
which is not more than one-third of the floor area of the story above
which it is placed.
[Added 7-8-02 by Ord. No. 02-12]
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.
[Amended 5-9-11 by Ord. No. 11-07]
The total horizontal area included within lot lines.
A lot abutting two or more streets at their intersection.
Corner lots have a front yard for each street that it abuts.
[Added 5-9-11 by Ord. No. 11-07]
That portion of the lot covered by buildings and structures
and all other man-made improvements on the ground surface which are
more impervious than the natural surface, such as paving, driveways,
etc. In instances where a building is elevated and parking is placed
under the building both the parking area and building footprint area
are included in the total lot coverage calculation..
[Added 10-26-87 by Ord. No. 87-871; amended 4-11-88 by Ord. No. 88-819]
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line, provided that in triangular lots having no rear
lot line, the distance shall be measured to the midpoint of a line
parallel to the front lot line, which shall be not less than 10 feet
in length measured between its intersections with the side lot lines.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
[Added 5-9-11 by Ord. No. 11-07]
A design technique permitting one or more lots in a subdivision
to be undersized, providing the same number of lots in the same subdivision
are oversized by an equal or greater area.
[Added 8-27-01 by Ord. No. 01-28]
The mean horizontal width or the horizontal width at the
setback line, both measured at right angles to the lot depth, whichever
is less.
Prewiring of electrical infrastructure at a parking space
or a set of parking spaces to facilitate easy and cost-efficient future
installation of electric vehicle supply or service equipment, including
but not limited to Level Two EVSE and direct-current fast chargers.
"Make-ready" includes expenses related to service panels, junction
boxes, conduit, wiring and other components necessary to make a particular
location able to accommodate electric vehicle supply.
[Added 12-13-2021 by Ord. No. 21-34]
A place where persons pay either a membership fee or an admission
fee or any other fee, and where the activity on the premises includes
touching, massaging or rubbing of specified anatomical areas or by
which specified sexual activities are permitted or encouraged.
[Added 12-13-82 by Ord. No. 82-480]
The program within the Department of Health and Senior Services,
which is responsible for the administration and implementation of
activities related to the New Jersey Compassionate Use Medical Marijuana
Act.
[Added 12-10-18 by Ord. No. 18-39; amended 7-12-2021 by Ord. No. 21-16]
Any self-propelled vehicle designed primarily for transportation
of persons or goods over land. Includes the terms automobile, motorcycle,
truck and vehicle.
[Added 8-11-03 by Ord. No. 03-25]
Any temporary or permanent structure, stand, platform, booth,
stall, box, machine or other device used for the distribution of newspapers,
magazines or other printed materials which are operated by coins and
which do not have a salesperson present.
[Added 2-27-84 by Ord. No. 84-560]
An establishment in which at least one of the principal activities conducted within the premises is devoted to music, dancing or entertainment (including, but not limited to, music played by a disc jockey, live bands or other forms of live entertainment) and in which meals, refreshments or alcoholic and/or non-alcoholic beverages may be served, irrespective of whether or not such establishment charges an admission fee or cover charge to gain entry. A "restaurant-banquet" facility as a conditional use under § 228-8.1 of this Zoning Ordinance shall not be deemed to be a "nightclub" for purposes of this Zoning Ordinance.
[Added 7-10-95 by Ord. No. 95-23]
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.
[Added 11-22-99 by Ord. No. 99-45]
A sign which was erected legally, but which does not comply
with subsequently enacted sign restrictions and regulations.
[Added 12-27-93 by Ord. No. 93-73]
An establishment providing for the care, supervision, and
protection of children. Also referred to as day care or pre-school.
[Added 5-9-11 by Ord. No. 11-07]
That portion of land including any farm-related dwelling
located thereon, that is voluntarily deed-restricted by the landowner
for agricultural use or open space conservation use in order to qualify
for the open lands ratio bonus in a planned development pursuant to
§ 228-6.06B and C of this chapter.
[Added 8-27-01 by Ord. No. 01-28; amended 5-9-11 by Ord. No. 11-07]
Any parcel or area of land and/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 land.
[Added 5-9-11 by Ord. No. 11-07]
The total area of the site not covered by buildings divided
by the gross area of the project site, which thereby establishes the
maximum permitted building footprint coverage allowed by zone.
[Added 9-24-84 by Ord. No. 84-604]
The keeping, in an area not enclosed by a building, of any
goods, material, merchandise or vehicles in the same place for more
than 24 hours.
[Added 10-26-87 by Ord. No. 87-871; amended 4-11-88 by Ord. No. 88-819; 5-9-11 by Ord. No. 11-07]
The extension of a false front or wall above a roofline.
[Added 12-27-93 by Ord. No. 93-73]
An area of not less than 9 x 18 feet, either within a structure
or garage or in the open, and exclusive of driveways or access drives,
for the parking of a motor vehicle.
[Amended 12-23-68 by Ord. No. 68-8U; 11-18-2019 by Ord. No. 19-33]
The permanent place of residents of the pastor, minister
or religious leader of a congregation.
[Added 9-21-15 by Ord. 15-16]
Establishments primarily engaged in providing services to
individuals generally related to the care of the person or his or
her personal needs, such as beauty and barber shops and tailor shops.
[Added 7-8-02 by Ord. No. 02-12]
A building or structure devoted to the gathering together
of persons for a common reason, such as legislative, religious, civic,
educational, recreational or social purposes.
[Added 9-21-15 by Ord. 15-16]
Encompasses the terms "planned unit development," "planned
unit residential development," "residential cluster," "planned commercial
development" or "planned industrial development."
[Added 5-9-11 by Ord. No. 11-07]
An age-restricted planned development that provides common
amenities, primarily of a social and recreational nature, and that
is consistent with the requirements of the Federal Fair Housing Act.
[Added 8-27-01 by Ord. No. 01-28]
A roofed open area, which may be screened but many not contain
heat or air conditioning, attached to the outside of a building. A
porch may not be more than 50% enclosed by walls.
[Added 09-21-15 Ord. 15-16]
Soils that are designated as prime farmland by the United
States Department of Agriculture, Soil Conservation Service, and the
Soil Survey of Middlesex County.
[Added 8-27-01 by Ord. No. 01-28]
A member of a recognized profession involving the dispensation
of a service that involves either some skill or knowledge, including
doctors or physicians, dentists, architects, professional engineers,
lawyers, musicians, etc. The issuance of a state license for regulations
of any gainful occupation need not be deemed indicative of professional
standing. A distinction is made between purveyors of professions and
purveyors of merchandise or repair of articles.
[Amended 5 24 71 by Ord. No. 71-8BB; 5-9-11 by Ord. No. 11-07]
A place designed and equipped for the conduct of sports and
leisure-time activities, and operated as a business and open to the
public for a fee or operated by a nonprofit organization and open
only to bona fide members and guests of such nonprofit organization
or open to the general public.
[Added 12-23-2019 by Ord.
No. 19-41A]
Any process by which materials which would otherwise become
solid waste are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
[Added 12-23-96 by Ord. No. 96-41]
Any facility designed and operated solely for receiving,
storing, processing and transferring source-separated nonputrescible
or source-separated commingled nonputrescible metal, glass, paper,
plastic containers, and corrugated and other cardboard, or other recyclable
materials approved by the Department of Environmental Protection as
contained in N.J.S.A. 13:1E-99.12, or any subsequent statutory amendment
to same, as hereinafter adopted.
[Added 12-23-96 by Ord. No. 96-41]
A public eating facility where patrons are first seated at
tables, booths or counters, after which food ordered by them is served
to the patrons by waiters or waitresses at such tables, booths or
counters. The term "restaurant" does not include drive-in restaurants
or fast-food restaurants as otherwise defined in this section. A cafeteria-type
operation where food and/or beverages are consumed within the restaurant
building constitutes a restaurant.
[Added 2-27-67 by Ord. No. 67-8H; amended 1-24-77 by Ord. No. 76-8JJJ; 5-22-78 by Ord. No. 78-29; 4-14-93 by Ord. No. 93-12]
A business that provides goods to the consumer, including
goods sold at wholesale.
[Added 5-9-11 by Ord. No. 11-07]
Any establishment that sells or offers for sale electronic
smoking devices and/or products designed for consumption through inhalation.
[Added 2-10-2020 by Ord.
No. 20-04]
Mechanical equipment such as heating, ventilation or air-conditioning
units placed on the roof of a building or structure.
[Added 6-12-89 by Ord. No. 89-37]
The profile of a roof; the maximum height of the actual building
cover.
[Added 5-9-11 by Ord. No. 11-07]
Any sign erected upon, against, or directly above a roof
or roof eave, or on top of or extending above a parapet or any architectural
appendage above the roofline or roof eave.
[Added 5-9-11 by Ord. No. 11-07]
A facility that provides a curriculum of elementary and secondary
academic instruction, including kindergartens, elementary schools,
junior high schools, and high schools.
[Added 8-27-01 by Ord. No. 01-28]
The required minimum distance between every structure and
the lot lines on the lot on which the structure is located.
[Added 5-9-11 by Ord. No. 11-07]
The line that is the required minimum distance from any lot
line and that establishes the area within which the structure must
be erected or placed.
[Amended 5-9-11 by Ord. No. 11-07]
A public or private place where persons pay either a membership
fee or an admission fee and where the activity on the premises consists,
in whole or in part, of direct sexual contact between and among the
patrons. Notwithstanding the fact that the owners or operators of
a "sex club" contend that the club is private, nevertheless such places
shall be deemed to be public if there is nothing about the operation
to distinguish a "member" from anyone else who seeks admittance to
the premises.
[Added 12-13-82 by Ord. No. 82-480]
A utility structure of 200 square feet or less that has walls
and a roof and is designed and used for storage. A metal storage container,
cargo container, train car, trailer and portable storage module are
not a shed.
[Added 8-14-00 by Ord. No. 00-15; amended 5-9-11 by Ord. No. 11-07; 8-13-18 by Ord. No. 18-18]
A group of architecturally unified commercial establishments
built on a site which is planned, developed, owned and managed as
a total entity.
[Added 4-11-88 by Ord. No. 88-819]
Any structure or device designed or intended to convey information
or attract attention of persons not on the premises to the subject
premises in written or pictorial form. This includes but is not limited
to letters, logos, graphics and illumination.
[Added 5-9-11 by Ord. No. 11-07]
One (l) sign painted on both sides or two signs of identical
size and shape attached to each other back to back. Whenever there
is an angle between the two sign faces, it shall be considered as
two separate signs.
Means garbage, refuse, and other discarded materials resulting
from industrial, commercial and agricultural operations and from domestic
and community activities, and shall include all other waste materials
including liquids, except for solid animal and vegetable wastes collected
by swine producers licensed by the State Department of Agriculture
to collect, prepare and feed such wastes to swine on their own farms.
[Added 12-23-96 by Ord. No. 96-41]
Mean and include the plants, structures and other real and
personal property acquired, constructed or operated or to be acquired,
constructed or operated by any person pursuant to the provisions of
P.L. 1970, c. 39 (C. 13:1E et seq.), P.L. 1970, c. 40 (C. 48:13A-1
et seq.) or any other act, including transfer stations, incinerators,
resource recovery facilities, sanitary landfill facilities or other
plants for the disposal of solid waste, and all vehicles, equipment
and other real and personal property and rights therein and appurtenances
necessary or useful and convenient for the collection or disposal
of solid waste in a sanitary manner.
[Added 12-23-96 by Ord. No. 96-41]
[Added 12-13-82 by Ord. No. 82-480]
Means:
[Added 12-13-82 by Ord. No. 82-480]
Means:
A space or place where goods, materials or personal property
is placed and kept.
[Added 5-9-11 by Ord. No. 11-07]
Premises used for the safekeeping of automobiles, goods or
materials that are not abandoned.
[Added 10-27-97 by Ord. No. 97-22]
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next about it.
[Added 11-28-16 by Ord. No. 16-20]
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way (1) which is an existing State, county or municipal roadway,
or (2) which is shown upon a plat heretofore approved pursuant to
law, or (3) which is approved by official action as provided by this
act, or (4) 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 grant to such board of the power to review plats;
and includes the land between the street lines, whether improved a
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
[Amended 5-9-11 by Ord. No. 11-07]
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon the
street, as distinct from a sidewalk line, curbline or edge of pavement
line. On a street or highway shown on the adopted Master Plan of East
Brunswick Township, the "street line" shall be considered to be the
proposed right-of-way line for the street.
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.
[Amended 5-9-11 by Ord. No. 11-07]
An establishment where the serving of liquor by the drink
to the general public is the principal use and the serving of food
or the sale of packaged liquors, if any, are accessory to the principal
use. All such establishments shall conform to all Alcoholic Beverage
Control regulations of the State of New Jersey and the Township of
East Brunswick.
[Added 7-10-95 by Ord. No. 95-23]
An area, parcel, site, piece of land, or property that is
the subject of a development application.
[Added 7-8-02 by Ord. No. 02-12]
A vehicle type classified by the New Jersey Motor Vehicle
Commission as "Class A" which typically consists of the combination
of a trailer having wheels only in the rear with the front supported
by the towing vehicle commonly known as the tractor.
[Added 8-28-06 by Ord. No. 06-28]
A structure without a fixed foundation, standing on wheels,
towed or hauled by another vehicle and used for human occupancy, materials,
goods or objects storage. Includes the term portable storage module.
[Added 4-11-88 by Ord. No. 88-819]
Establishments furnishing local or long-distance trucking
or transfer services. Also included are non-terminal facilities which
specialize in truck maintenance, repair and service. Terminal facilities
include land and buildings used as a relay station for the transfer
of a load from one vehicle to another or one party to another. The
terminal facility may include storage areas for trucks, and buildings
or areas for the repair of trucks associated with the terminal.
[Added 2-11-91 by Ord. No. 91-10; amended 5-13-91 by Ord. No. 91-47]
The purpose for which land or a building thereon is designed,
arranged or intended or for which it is or may be occupied or maintained.
A use primarily engaged in storage, and distribution of materials,
supplies, equipment, parts, goods, products, machinery, printed material,
etc.
[Added 2-11-91 by Ord. No. 91-10; amended 5-13-91 by Ord. No. 91-47]
A vehicle used to tow or remove other vehicles usually so
damaged or disabled that they cannot proceed under their own power.
[Added 10-27-97 by Ord. No. 97-22]
An open space, as may be required by this chapter, of uniform
width or depth on the same lot with a building or a group of buildings,
which open space lies between the principal building or group of buildings
and the nearest lot line and is unoccupied and unobstructed from the
ground upward except as herein permitted.
An area extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
When a lot is so situated that it abuts two nonintersecting streets,
that area which lies within the confines of the street line and the
front of the building shall be considered a "front yard." The depth
of the "front yard" shall be measured at right angles to the front
line of the lot.
[Amended 6-25-79 by Ord. No. 79-139]
An area extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
When a lot is so situated that it abuts two nonintersecting streets,
that area which lies within the confines of the street line and the
rear of the building shall be considered a "rear yard." The depth
of a "rear yard" shall be measured at right angles to the rear of
the lot in the same manner as specified herein for the measurement
of lot depth.
[Amended 6-25-79 by Ord. No. 79-139]
An open, unoccupied space between the side line of the lot
and the nearest line of the building and extending from the front
yard to the rear yard or, in the absence of either of such yards,
to the front 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 Zoning Board of Adjustment as established pursuant to
the Municipal Land Use Law, Chap. 291.
[Amended 5-9-11 by Ord. No. 11-07]
