[Adopted 12-6-2016 by Ord. No. 2016-08]
A.
Ordinary and common words used in this Chapter shall be interpreted
in their ordinary, common and usual sense unless special definitions
appear within the Chapter for such words, in which case the definition
in the Chapter shall be used.
B.
Technical words used in this Chapter shall be interpreted in their
usual technical sense.
C.
Unless the context clearly states the contrary, words used in the
present tense include the future; the singular includes the plural
and the plural the singular.
D.
The word "shall" is mandatory and not directory. The word "may" is
permissive.
E.
The word "lot" includes the words "plot" or "parcel."
F.
The word "structure" includes the word "building."
G.
The word "use" and "used" refer to any purpose for which a lot or
land or part thereof is arranged, intended or designed to be used,
occupied, maintained, made available or offered for use and to any
purpose for which a building or structure or part thereof is arranged,
intended or designed to be used, occupied, maintained, made available
or offered for use or erected, reconstructed, altered, enlarged, moved
or be built with the intention or design of using the same.
[Amended 11-10-2020 by Ord. No. 20-30]
All capitalized words used in this Chapter shall have the meaning
as defined in this Chapter. Any words not defined in this Chapter
shall have the meaning as defined in the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. Any words not defined in either this Chapter or the
Municipal Land Use Law, shall have the meaning as set forth in "The
Complete Illustrated Book of Development Definitions, Fourth Edition"
by Harvey S. Moscowitz, Carl G. Lindbloom, David Listokin, Richard
Preiss & and Dwight H. Merriam (published by Transaction Publishers,
a Center for Urban Policy Research Book, 2015, as updated from time
to time). The words set forth herein shall be defined as follows:
A building or use that is on the same lot as and subordinate
to and under the same ownership or control as and used for the purposes
customarily incidental to the use of the main building.
[Added 11-10-2020 by Ord.
No. 20-30]
An organization issued a permit pursuant to the "Jake Honig
Compassionate Use Medical Cannabis Act," P.L.2009, c.307 (C.24:6I-1
et al.) to operate as a medical cannabis cultivator, medical cannabis
manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to section
7 of that act (C.24:6I-7) to concurrently hold a medical cannabis
cultivator permit, a medical cannabis manufacturer permit, and a medical
cannabis dispensary permit.
[Added 6-15-2021 by Ord.
No. 2021-22]
A detached dwelling unit that is designed to form a private
yard through the use of building walls and fences.
The area projected on a horizontal plane of the outer extremities
of a structure, including, by way of example, the foundation, roof,
protruding floors, overhangs and the floors of any portion of the
structure not having a roof but shall not include eave overhangs of
not more than two (2)') feet and bay windows without foundations.
The vertical distance from the mean grade measured six feet
from the building to the top of the highest ridge or roof beams. Mean
grade is measured six feet from the building and is calculated as
the average grade.
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16 for use in cannabis products as set forth in this Act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (C. 24:6I-1 et al.) and P.L. 2015, c. 158 (C. 18A:40-12.22 et al.); marijuana as defined in N.J.S. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (C. 2C:35B-1 et seq.), or marihuana as defined in section 2 of P.L. 1970, c. 226 (C. 24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (C. 24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (C. 4:28-6 et al.).
[Added 6-15-2021 by Ord.
No. 2021-22]
Any licensed person or entity that grows, cultivates, or
produces cannabis in this State, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
[Added 6-15-2021 by Ord.
No. 2021-22]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
[Added 6-15-2021 by Ord.
No. 2021-22]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
[Added 6-15-2021 by Ord.
No. 2021-22]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 6-15-2021 by Ord.
No. 2021-22]
Any licensed person or entity that processes cannabis items
in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 6-15-2021 by Ord.
No. 2021-22]
Cannabis/marijuana distribution as prescribed by a licensed
physician for the treatment of a diagnosed medical condition recognized
by the New Jersey Department of Health.
[Added 1-19-2021 by Ord.
No. 21-01]
Cannabis/marijuana distribution without a prescription issued
by a licensed physician for the treatment of a diagnosed medical condition
recognized by the New Jersey Department of Health.
[Added 1-19-2021 by Ord.
No. 21-01]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
[Added 6-15-2021 by Ord.
No. 2021-22]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 6-15-2021 by Ord.
No. 2021-22]
A retail establishment which sells a limited line of groceries,
prepared and “ready to eat” foods, snack foods and beverages,
household items, tobacco and alcohol products, periodicals, over-the-counter
medicines, and the like (hereinafter, "convenience goods"). Convenience
stores may be found as standalone operations but are often operated
as accessory uses to hotels, office complexes, and other uses. Retail
stores selling neighborhood convenience goods that have a gross floor
area measuring greater than 1,000 square feet, whether operated as
a principal use or as an accessory use to hotels, office complexes,
and other uses, shall not constitute a “convenience store”
for purposes of this chapter.
[Added 4-10-2023 by Ord. No. 2023-15]
A cladding or other material affixed to the support structure
of a freestanding sign.
A two-family dwelling unit or two attached one-family dwelling
units.
[Added 11-10-2020 by Ord.
No. 20-30]
A building designed for or used in whole or in part as the
home residence or sleeping place of one or more families.
[Added 11-10-2020 by Ord.
No. 20-30]
One room or connecting rooms constituting a separate independent
housekeeping establishment for owner occupancy, or rental or lease,
on a weekly, monthly or longer basis, and containing independent cooking,
bathroom and sleeping facilities.
[Added 11-10-2020 by Ord.
No. 20-30]
A residence containing three or more dwelling units.
[Added 11-10-2020 by Ord.
No. 20-30; amended 2-16-2021 by Ord. No. 2021-03]
A detached dwelling house designed to be used as a residence
and used for a one-unit residential dwelling. There shall be only
one distinct set of living facilities and kitchen.
[Added 11-10-2020 by Ord.
No. 20-30]
A single detached dwelling having two distinct sets of kitchen
and living facilities and designed or used to house two-unit dwellings.
There shall be two separate entrance doors, one to each dwelling unit
of the structure. This definition applies to two-unit dwellings as
permitted in the R-2F Zone.
[Added 11-10-2020 by Ord.
No. 20-30]
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets, and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
[Added 4-10-2023 by Ord. No. 2023-15]
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast-charging equipment standards, direct
current electricity. "EVSE" is synonymous with “electric vehicle
charging station.”
[Added 4-10-2023 by Ord. No. 2023-15]
The assessed value of a property divided by the current average
ratio of assessed value to true value as determined in accordance
with N.J.S.A. 54:1-35a through c.
A front porch is a structure attached to the front entrance
of a building and external to the walls of the main building. A front
porch is attached to or a part of the building and shall have direct
access to and from the building. A front porch must consist of a roofed,
open area and may not be enclosed. A front porch must be free of frame
walls, windows, or screens of any kind.
[Added 11-10-2020 by Ord.
No. 20-30]
[Added 11-10-2020 by Ord. No. 20-30]
A workplace such as the home of a resident architect, engineer,
teacher or dressmaker, provided that not more than 15% of the habitable
floor space of the building is devoted to such occupation, and provided
further that not more than two persons are employed on the premises
at the same time who are not members of the family of the resident
person practicing such occupation, but not including medical or dental
practitioners.
For the purposes of this definition, a "teacher" shall be restricted
to a person giving individual instruction in a musical instrument,
in singing or in academic or scientific subjects to not more than
four pupils at a time. A home professional office shall not include
the office of any person professionally engaged in the purchase, manufacture
or sale of goods kept or displayed on the premises. By way of illustration
and not by way of limitation, dancing instructions, band instruments
or voice instruction in groups, tearooms, tourist homes, beauty parlors,
barbershops, hairdressing and manicuring establishments, convalescent
homes, mortuary establishments, automobile and mechanical repairs,
real estate offices, travel agents, photo studios, stores, trades
or business of any kind not herein excepted shall not be deemed to
be "home occupations."
A kitchen area within a structure that is used or designed
to be used for the preparation or cooking of food and that contains
one or both of the following: cooking appliances, including but not
limited to ovens, stoves, stovetops, and powered by an electric or
gas line.
[Added 11-10-2020 by Ord.
No. 20-30]
Either the Planning Board or the Zoning Board of Adjustment,
as the case may be, pursuant to the jurisdictional requirements of
the MLUL.
The total horizontal area included within lot lines.
[Added 2-16-2021 by Ord. No. 2021-03]
A lot bounded on two or more consecutive sides by street
lines which meet or intersect so as to form an interior angle of 135
degrees or less. There shall be two (2) front yards on a corner lot
that abut each street, one side yard minimum and one rear yard.
[Added 2-16-2021 by Ord. No. 2021-03]
The area of a lot covered by buildings and paved surfaces,
including but not limited to sidewalks, roads, parking lots and drives,
whether constructed of asphalt, compacted stone, flagstone, brick,
concrete or similar material.
[Added 11-10-2020 by Ord.
No. 20-30]
Any boundary line of a lot.
[Added 2-16-2021 by Ord. No. 2021-03]
The lot line opposite and most nearly parallel with the front
street line. In case of a corner lot, the rear line of the lot may
be elected by the owner after designation of the front street line,
if it is indicated on any application for a building permit.
[Added 2-16-2021 by Ord. No. 2021-03]
The lot line connecting the front street line and rear line
of the lot or, in the case of a through lot, the lot line connecting
the street lines. Any lot not a rear line or a front line shall be
deemed a “side line”. In the case of a corner lot the
side line of the lot may be elected by the owner, provided that it
is indicated on any application for a building permit.
[Added 2-16-2021 by Ord. No. 2021-03]
A lot bounded on two or more nonconsecutive sides by street
lines.
[Added 2-16-2021 by Ord. No. 2021-03]
A regional shopping center comprised of not less than two
(2) anchor stores on not less than 25 acres of land.
A business licensed by the State of New Jersey to sell medical
cannabis to registered qualifying patients and their authorized care
givers. This term shall include the organization's officers, directors,
board members, and employees.
[Added 6-15-2021 by Ord.
No. 2021-22]
A business that provides repairs and maintenance of motor
vehicles within a garage structure designed for that purpose, as a
principal use of the premises. A motor vehicle repair garage shall
not contain a convenience store or retail store selling convenience
goods that is used or developed as a second principal use or as an
accessory use on the same lot or tract as the motor vehicle repair
garage.
[Added 4-10-2023 by Ord. No. 2023-15]
Any business that dispenses, or is designed, used, or intended
to dispense, gasoline, compressed natural gas, diesel fuel and/or
electric power used to refuel motor vehicles, buses, trucks and electric
vehicles, or provides services for the repair of such vehicles as
an accessory thereto. The lot or tract containing a motor vehicle
service station shall not be devoted to any other uses, including
but not limited to retail sales and services not involving automobile
parts or accessories. This restriction shall not preclude incidental
retail sales through vending machines or other means, but it is expressly
intended to preclude a convenience store or other multiple uses; in
addition, a motor vehicle service station shall not contain a retail
store selling convenience goods that exceeds 1,000 square feet used
or developed as a second principal use or as an accessory use on the
same lot or tract as the motor vehicle service station.
[Added 4-10-2023 by Ord. No. 2023-15]
Any structure or building that does not conform to the regulations
and requirements of this chapter for the zone district in which it
is located, but was lawfully in existence before the effective date
of this chapter or exists by virtue of a duly granted variance.
[Added 11-10-2020 by Ord.
No. 20-30]
Any use of land or building, or both, that does not conform
to the requirements of this chapter for the district in which it is
located, but that was lawfully in existence before the effective date
of this chapter or exists by virtue of a duly granted variance.
[Added 11-10-2020 by Ord.
No. 20-30]
A stall or berth which is arranged and intended for the parking
of one motor vehicle in a garage structure or parking area and shall
contain a minimum of 162 square feet with minimum dimensions of nine
feet by 18 feet, except as may otherwise be expressly provided elsewhere
in this Ordinance.
An area containing evergreens, trees, shrubs or other plantings
designed to provide suitable drainage and visual screening in accordance
with dimensions and criteria set forth elsewhere in this Ordinance.
Any paved surface that is contiguous to a pool that is beyond
either a pool apron or a four-foot walkway.
[Added 12-7-2021 by Ord.
No. 2021-50]
Includes any permanently constructed receptacle for water,
either above or below grade, having a depth of more than 18 inches,
designed, used or maintained for swimming or bathing purposes by any
person for his own use and that of the members of his household and
his guests and located on such person's land as an accessory use to
a private residence.
[Added 11-10-2020 by Ord.
No. 20-30]
A multiple dwelling building consisting of four dwelling
units.
The Residential Site Improvement Standards adopted by the
New Jersey Department of Community Affairs, codified as N.J.A.C. 5:21
as amended from time to time.
A facility consisting of individualized, compartmentalized,
controlled access units leased to individuals, organizations, or businesses
for self-storage of personal property. No retail sales in storage
areas shall be permitted, although the self-storage facility operator
shall be permitted to sell boxes, tape and similar materials to clients
leasing space within the building.
[Added 2-28-2023 by Ord. No. 2023-07]
Any inscription, design or lighting arrangement, written,
printed or otherwise placed on a board, balloon, banner or upon any
material object or device, or in a window, whatsoever which, by reason
of its form, color, working or otherwise, is intended to attract attention
to itself, whether it is used as a means of identification, advertisement
or announcement which is visible and intelligible to persons located
outside a building or structure, including permanent signs within
a building or structure mounted in a window or within 10 feet of a
window and oriented to be viewed through such window and containing
lettering of four or more inches. Works of art unrelated to business
or other activity conducted at the property shall not be considered
as signs.
A unit in a building which contains more than two such units
but does not exceed three stories in height, is attached side by side
to other similar dwelling units by common walls and has no part of
one dwelling unit located above or below another unit.
[Added 11-10-2020 by Ord.
No. 20-30]
A combination of contiguous lots (or in the case of the R-AH
Zone, lots located across a public street from each other) intended
to be developed as a single property, in which event, all zoning requirements
shall be applied to the tract as a whole and not to the individual
component lots; provided, however, in the event of a resubdivision
creating separate parcels, all such zoning requirements shall apply
to the resulting new lots as individual parcels and not as a contiguous
parcel.
A dwelling unit in a building which contains more than two
such dwelling units and does not exceed in the permitted maximum allowable
height for the designated zone.
[Added 11-10-2020 by Ord.
No. 20-30; amended 2-16-2021 by Ord. No. 2021-03]
