ADMINISTRATIVE OFFICER - The Nutley Township Clerk for purposes of receiving fees, receiving escrow moneys, notices to property owners, newspaper publications of public hearings, newspaper publications of decisions and such other clerical and administrative functions as may be required in the process of filing and processing development applications; and the Nutley Construction Official for purposes of technical review of development applications for purposes of determining completeness of the application, determination of whether the public hearing will be before the Planning Board or Board of Adjustment, determination of what type of approval is sought (i.e., -subdivision, conditional use approval or site plan approval) and determination of what variances are required.

APPLICANT - An individual, partnership or corporation submitting an application for development.

APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by ordinance for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to the Municipal Land Use Law.

BOARD OF ADJUSTMENT - The Nutley Board of Adjustment established pursuant to N.J.S.A. 40:55D-69 of the Municipal Land Use Law.

COMPLETE APPLICATION - An application for development which has been declared complete by the Planning Board or Board of Adjustment as meeting all the submission requirements for the type of application for which approval is sought.

COUNTY PLANNING BOARD - The Essex County Planning Board established pursuant to P .L. 1968, c. 285 (N.J.S.A. 40:27-6.1).

DEVELOPER - The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.

DRAINAGE RIGHT-OF-WAY - The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.

FINAL APPROVAL - The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.

GUARANTY, MAINTENANCE - Any security which may be accepted by the municipality to guarantee maintenance. of certain improvements made pursuant to the same until the date of acceptance of the same by the municipality or until another specified date agreed upon by the municipality and ,the subdivider, including a bond, escrow agreement or other collateral or surety agreement.

GUARANTY, PERFORMANCE - Any security which may be accepted by the municipality in lieu of a requirement that certain improvements be made before the Planning Board gives final approval to a plat, including performance bonds, escrow agreements and any other collateral or security agreements.

LOT - A parcel of land having frontage on a street and occupied or capable of being occupied by a building or buildings, together with the open spaces appurtenant to such building or buildings, as on a recorded map or by metes and bounds description.

LOT, SUBSTANDARD - A lot which fails to meet any one (1) of the requirements of the Nutley Zoning Ordinance for lot size, lot width or lot depth.

MUNICIPAL AGENCY - The Nutley Planning Board or Board of Adjustment or Board of Commissioners.

OFF-SITE - Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OFF-TRACT - Not located on the property which is the subject of a development application nor on a contiguous portion of a street or street right-of-way.

ON-SITE - Located on the lot in question.

ON-TRACT - Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

PLANNED UNIT DEVELOPMENT - An area with a specified minimum contiguous acreage of ten (10) acres or more to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential developments and one (1) or more public, quasipublic, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance.

PLANNED UNIT RESIDENTIAL DEVELOPMENT - An area with a specified minimum contiguous acreage of five (5) acres or more to be developed as a single entity according to a plan, containing one (1) or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.

PLANNING BOARD - The Nutley Planning Board established pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-23 et seq.).

PLAT - A map or maps of a subdivision or site plan.

PRELIMINARY APPROVAL - The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 or 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board or Board of Adjustment and the applicant.

RESIDENTIAL CLUSTER - An area to be developed as a single entity according to a plan, containing residential housing units which have a common or public open space area as an appurtenance.

RESUBDIVISION - The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

STREET - Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway or a street or way shown upon any plat heretofore approved pursuant to law or heretofore approved by official action, including all streets or ways on plats duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and prior to the grant to such Board of the power to review plats. The word "street" includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, planted strips, parking areas and other areas within such street lines.

STREET, ARTERIAL - Those streets which carry or are intended to carry a heavy volume of traffic.

STREET, COLLECTOR - Those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential or industrial development and streets for circulation within such a development.

STREET, MARGINAL - Those streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

STREET, MINOR - Those streets which are used primarily for access to the abutting properties.

SUBDIVIDER - Any person, firm, association, syndicate, partnership, corporation, fiduciary, trust or any other legal entity seeking a subdivision of land hereunder as owner or as agent for the owner of the land to be affected by a subdivision.

SUBDIVISION :

       A. The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created:

       (1) Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size.

       (2) Divisions of property by testamentary or intestate provisions.

       (3) Divisions of property upon court order, including but not limited to judgments of foreclosure.

       (4) Consolidation of existing lots by deed or other recorded instrument.

       (5) The conveyance of one (1) or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of .which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality.

       B. The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION COMMITTEE (EXISTING AND PROPOSED) - A Committee of three (3) Planning Board members appointed annually by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and handling such other matters relating to land subdivision as- may be referred to this Committee by the Board for investigation, recommendation and report thereon. The Chairman of the "Subdivision Committee" shall be appointed by the Chairman of the Planning Board for a one-year term.

SUBDIVISION, MAJOR - Any subdivision not classified as a minor subdivision.

SUBDIVISION, MINOR - Any subdivision involving the creation or reassemblage of not more than two (2) lots and containing adjoining lots, tracts or parcels, all of which front on an existing improved state, county or municipal street, and having an aggregate frontage of said state, county or municipal street of not more than one hundred fifty (150) feet, provided that such subdivision does not involve any new street or the extension or improvement of an existing street or municipal utility; that it does not adversely affect adjoining property; that it is not in conflict with any provision or portion of the Master Plan, Official Map or Zoning Ordinance;' and that the lot, tract or parcel being subdivided was not created by subdivision within one (1) year prior to submission of application for subdivision approval.

VARIANCE - Permission to depart from the literal requirements of a Zoning Ordinance pursuant to N.J.S.A. 40:55D-406, 40:55D-70c and 40:55D-70d.

WAIVER OR EXCEPTION - Permission by the Planning Board or Board of Adjustment, when acting upon applications for preliminary or minor subdivision approval, to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to this Article, if the literal enforcement of one (1) or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

ACCESSORY BUILDING OR USE - A building or use clearly incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

ADMINISTRATIVE OFFICER - The Nutley Township Clerk or his/her designee for purposes of receiving fees; receiving escrow moneys; newspaper publication of decisions; and such other clerical and administrative functions as may be required in the process of filing and processing of development applications; and the Nutley Construction Official for purposes of technical review of development applications for purposes of determining completeness of the application; determination of whether the public hearing will be before the Planning Board or Board of Adjustment; determination of what type of approval is sought (i.e., subdivision, conditional use approval, site plan approval); and determination of what variances are required. [Amended 5-3-2005 by Ord. No. 2881]

AMUSEMENT DEVICE - Any machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disk or key into a slot, crevice or other opening or by the payment of any price, is operated or may be operated by the public generally for use as a game, entertainment or amusement, whether or not requesting a score, and shall include, without limitation, such devices as pong or other types of electronically operated game devices, skill ball, pinball or baseball games, mechanical games, operations or transactions similar thereto, by whatever name they may be called and shall not include pool or billiard tables, mechanical device commonly known as "jukeboxes," and mechanical riding machines intended for the use and entertainment of children. Amusement devices shall include video-type games or machines or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment.

APPROVING BOARD - The Nutley Planning Board for all applications except those requiring a "d" variance under N.J.S.A. 40:55D-70, in which case the Approving board shall be the Nutley Board of Adjustment.

ATTIC - A space directly below a pitched roof and located between the roof rafters and the ceiling beams of the story below, which space is not used for human occupancy.

AUTO BODY SHOP - An establishment which is used for auto body work, auto body spray painting and auto body welding.

AUTOMOBILE - SERVICE STATION - An establishment selling gasoline and/or diesel fuel or other motor vehicle fuel at retail, and at which servicing and repair of motor vehicles is offered.

AWNING - A temporary or permanent roof-like cover attached to or projecting from a building, as an appurtenance to the building. It may function as a protection from weather and sunlight or may be ornamental.

AWNING, RETRACTABLE - An awning which is manufactured to be rolled easily up or down. Lettering or logos on retractable awnings shall be included in the permitted surface display area for signs.

AWNING SIGN - A sign on any part of an awning, and shall be considered a business sign, and shall be subject to all sign regulations established in Article IX of this chapter.

BALCONY - A railed platform attached to an upper story of a structure which does not extend more than 3 feet beyond the wall of the structure and which does not have any contact with the ground.

BAR - A room containing a public bar, counter or similar piece of equipment designated for and used to facilitate the sale and dispensing of alcoholic beverages by the glass or other open receptacle for consumption on the licensed premises.

BASEMENT (ALSO SEE STORY ABOVE GRADE) - A portion of a building the floor of which is below the mean grade at the building perimeter, having at least its height above grade.

BOARDINGHOUSE OR ROOMING HOUSE - A dwelling which contains sleeping accommodations for more than two but not more than eight persons who are not members of a family as defined in this article. The term "rooming house" shall be deemed to include lodging house and boardinghouse, but not hotel or any accommodations for transient occupancy.

BUILDING AREA - The area of a lot which is occupied by the largest perimeter of a building, including uncovered porches and accessory structures.

BUILDING LINE - A line established by this chapter beyond which no parts of a building, other than those specifically excepted, shall extend. The "building setback line" is a line parallel to the street right-of-way line and removed from it by the depth of the required front yard.

BULKHEAD - A structure above the roof of the building enclosing a stairway, tank, elevator machinery, ventilating apparatus or other service equipment, or such part of any shaft that extends above the main roof.

CELLAR - A portion of a building the floor of which is below the mean grade at the building perimeter, having at least its height below grade. A cellar shall not be used as a dwelling unit.

CENTER LINE OF STREET - A line midway between and parallel to the street right-of-way lines.

CERTIFICATE OF USE AND OCCUPANCY - The certificate issued by the Construction Official permitting the occupancy of a building or the use of land in accordance with the approved plans and specifications which certifies compliance with the provisions of law for the use and occupancy of the building and its several parts and/or the use of land, together with any special stipulations or conditions of the construction permit or those established pursuant to this chapter.

CLUB OR CLUBHOUSE - Premises or building reserved for the exclusive use of members of an organization and their guests for civic, charitable, social or recreational purposes not conducted for gain, provided that there are not conducted any merchandising or commercial activities, except as required by the membership for the purposes of such club.

COMMERCIAL SCHOOL - A school limited to special instruction, such as a business, art, music, trades, handicraft or dancing school.

COMMERCIAL VEHICLE - Every type of vehicle used for commercial purposes, such as transportation of goods, wares, merchandise and passengers, excepting vehicles of a passenger car type, passenger vans and pickup trucks under 10,000 gross vehicle weight, but including pickup trucks over 10,000 gross vehicle weight, tractors and/or trailer trucks, dual-wheel vehicles, tow trucks, step vans, buses, dump trucks, flatbed trucks, backhoes, front-end loaders and construction equipment of any kind.

COMMON OWNERSHIP - Lots or parcels that are owned by the same person, persons or legal entity.

COMPLETE APPLICATION - An application for development which has been declared complete by the Planning Board or Board of Adjustment as meeting all submission requirements for which approval is sought.

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 Zoning Ordinance, and upon the issuance of an authorization therefor by the Planning Board, or in the case of a "d" variance, by the Board of Adjustment.

CORNER LOT - A lot fronting on two streets at their intersection.

COURT - Unoccupied open, uncovered space other than a yard. An "outer court" is one which extends to the side, front or rear yard. An "inner court" is any other court.

COVERAGE - That percentage of the lot area covered by all buildings, principal and accessory.

CURB LEVEL - The mean level of the existing curb measured between the side lot lines projected to the curb or, if there is no curb, the mean level of the finished grade of the lot at the street line.

DAY-CARE FACILITY - A facility the function and purpose of which is to provide daily care for children of preschool or school age in a setting which is staffed and equipped therefore in compliance with all applicable requirements of law.

DECORATIVE MASONRY - Concrete or cinder block with a patterned or openwork face, brick or stone.

DRIVEWAY - An area of land acceptably surfaced used to provide the vehicular access into or travel within a lot.

DWELLING - A permanent building or part of a permanent building designed or used for permanent living quarters for one or more families and not deemed to include hotels or other accommodations used for transient occupancy, rooming houses, group quarters or mobile homes.

DWELLING UNIT - A dwelling or portion thereof designed for occupancy by one family and having living, cooking, sleeping and sanitary facilities for its exclusive use.

FAMILY - One or more persons related by blood, marriage or adoption and foster children placed by the New Jersey Board of Child Welfare or a duly incorporated child-care agency, living together as a single housekeeping unit, and not more than two roomers or boarders; or a group of persons, not necessarily related by blood or marriage, living together as a bona fide, single nonprofit housekeeping unit.

FAMILY DAY-CARE HOME - Any private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day care in which child care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week.

FLOOR AREA TOTAL - Existing or potential area of all floors within a building, measured from outside wall to outside wall.

FRONT YARD - Space between the nearest point of the building and the front property line, extending across the full width of the lot.

GARDEN APARTMENT - A multifamily dwelling which conforms to the regulations of Article VII of this chapter.

GASOLINE FILLING STATION - An establishment selling gasoline and/or diesel fuel or other motor vehicle fuel at retail, and at which servicing and repair of motor vehicles is not offered.

HEIGHT OF BUILDING - The vertical distance measured, in the case of flat roofs exclusive of bulkheads, from the natural average level of the ground along the front wall of the main structure to the highest point of the roof beams adjacent to the street wall, and in the case of pitched roofs, from the natural average level of the ground along the front wall of the main structure to the mean height of the gable. When a building faces on more than one street, the height shall be measured from the average of the natural 'grades at the center of the wall of the main structure which faces each street.

HOME OCCUPATION OR PROFESSION: CATEGORY A (TO BE PERMITTED IN R1, R-1A, R-LAA, R2 AND R3 ZONES ON ANY FLOOR ) - An occupation which is customarily carried on in a dwelling by a member of the resident family, the occupation or profession being clearly incidental and secondary to the use for dwelling purposes, and not resulting in a change of character thereof. The home occupation or profession practiced under Category A is one practiced by a single individual with no employees and no clients who come to the home; and which do not produce noise, smoke, vibration, dust, odor, heat, glare or electrical disturbance which would adversely affect the quiet enjoyment of life by nearby residents.

HOME OCCUPATION OR PROFESSION: CATEGORY B (TO BE PERMITTED IN R-1, R-1A AND R-LAA ZONING DISTRICTS ON FIRST FLOOR ONLY) - An occupation which is customarily carried on in a dwelling by a member of the resident family, the profession or occupation being clearly incidental and secondary to the use of the dwelling for dwelling purposes. Such resident would be permitted to practice his or her occupation with up to two additional employees at any one time; with clients, customers, and students who visit the residence, with a demand for parking space; but not producing noise, smoke, vibration, dust, heat, odor, glare or electrical disturbance which would adversely affect the quiet enjoyment of life of nearby residents.

HOSPITAL - An institution licensed by state law providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments and staff offices that are an integral part of the facilities.

HOTEL - A building or group of buildings arranged or used for the shelter and sleeping accommodation for pay of more than eight persons not a family. The term" hotel" includes "motel," "tourist court" and similar designations for sleeping accommodations for hire not conforming to the definition of "rooming house."

IMMEDIATE CARE FACILITY - A medical service staffed by licensed physicians for outpatient care of humans where emergency or immediate service is customarily rendered on a walk-in basis without appointment.

IMPERVIOUS SURFACE COVERAGE - The percentage of lot area covered by buildings and paved areas, including but not limited to swimming pools, driveways, patios, decks, tennis or any other recreational courts, or any other paved or concrete surfaces.

JUNKYARD - Any area or structure used for the storage, sale or abandonment of scrap materials or for the dismantling, demolition or abandonment of vehicles, boats, machinery, fixtures or other goods or parts thereof.

LOADING SPACE OR BERTH - Any off-street space not less than 10 feet wide and 25 feet long surfaced to be available in all weather, suitable for the loading or unloading of goods and having direct access to a street.

LOT - A parcel of land having frontage on a street and occupied or capable of being occupied by a building or buildings, together with the open spaces appurtenant to such building or buildings,. Except for subdivisions approved after January 1, 1979, or those lots or parcels which conform to the Nutley Schedule of Regulations as to Bulk, Height and Other Requirements, all parcels that are situate in the same residential zone and are contiguous, in common ownership and containing only one principal conforming use shall be considered as merged into one lot for the purposes of this chapter, notwithstanding anything to the contrary on the Tax Map or elsewhere.

LOT COVERAGE - The total building area of all buildings on a lot, including uncovered porches and accessory buildings.

LOT DEPTH - The mean distance from the street line to the rear lot line measured in the mean direction of the side lines of the lot.

LOT WIDTH - The mean width measured at right angles to its depth at the building setback line.

LUNCHEONETTE - An establishment serving food for on-premises or off-premises consumption and limited to seating at tables or a counter for not more than 20 patrons.

MEDICAL LABORATORIES - As an accessory or a principal use, for testing or providing analysis relating to the medical care of humans and excluding use of animals for testing or experimentation.

MIXED USE BUILDING - A building in the B-3A Zone containing more than one use and limited to professional and business offices (second floor only); restaurants and bars which serve food (first floor only); service establishments (personal and household); and retail stores; or a building in the B-1, B-2 and B-3 Zones containing a mixture of commercial and residential uses.

MOBILE HOME - A vehicle or portable structure mounted or designed for mounting on wheels used for dwelling purposes, including structural additions, except parked or unoccupied recreational vehicles. Any such vehicle or structure shall be deemed to be a "mobile home" whether or not the wheels have been removed and whether or not resting upon a temporary or permanent foundation.

MOBILE HOME CAMP - A parcel of land occupied by two or more mobile homes in use for living purposes.

MULTIFAMILY DWELLING - Any dwelling under a single roof, with or without fire wall partitions or party walls, containing three or more dwelling units.

MUSEUM - An institution for the acquisition, preservation, study and/or exhibition of works of artistic, historical or scientific value.

NAIL SALON - A nail salon includes any business whose primary business is providing manicure, pedicure or other fingernail or toenail cosmetic treatment. No nail salon shall be located within 500 feet of another nail salon business; the distance between such nail salon businesses shall be measured from the nearest entrance of the existing nail salon to the nearest entrance of the premises where the other establishment is sought to be located along the route that a pedestrian would normally walk. [Added 12-28-2004 by Ord. No. 2865]

NEIGHBORHOOD RETAIL STORE - A retail store designed to provide for the daily needs of residents in the neighborhood, such as food stores, bakeries in which all of the products are sold on the premises, drug stores, variety stores, package liquor stores and stationery stores.

NONCOMMERCIAL SWIMMING POOL - An outdoor or indoor swimming pool or pool or swimming tank, whether permanently installed, portable, collapsible or otherwise, situated above or below grade level, with a wide water depth in excess of 36 inches or a surface in excess of 120 square feet or a capacity. in excess of 1,400 gallons, designed or maintained upon any premises by any person for use by himself, his family or guests, and shall include all buildings, structures, equipment and appurtenances thereto.

NONCONFORMING LOT - A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE - A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NURSERY SCHOOL - A facility the function and purpose of which is to provide a structured, formal educational program for children of preelementary school age which is staffed and equipped therefor in compliance with applicable requirements of law.

NURSING HOME - A facility for medical or convalescent care of patents or the elderly with full supervision and licensed by state law.

OPEN PORCH - A porch open on either two or three sides, completely roofed, except for screening or detachable and interchangeable storm windows and screens for seasonal use. This type of porch shall not be used as permanent living quarters.

OPEN SPACE - Land within or related to a planned residential development, not individually owned or dedicated for public use, that is designated and intended for the common use or enjoyment of the residents of the development and their guests, and which may includes such complementary permitted structures and improvements as are necessary and appropriate. Impervious areas and buildings shall not be included in determining the amount of open space.

OWNER - Includes his duly authorized agent or attorney, a purchaser, devisee, fiduciary and a person having a vested or contingent interest in the property in question.

PARKING LOT - An area not within a building where passenger vehicles may be stored for the purpose of short-term, daily or overnight of street parking.

PARKING SPACE - An off-street space available for the parking of one motor vehicle and - having minimum dimensions of nine feet by 19 feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a street.

PLACE OF PUBLIC ASSEMBLY - A structure, room or space used as a gathering place for 25 or more persons for meeting, religious, recreational or educational purposes, except instruction of elementary or secondary school students or religious instruction of pupils under the age of 17 years.

PLANNED RESIDENTIAL DEVELOPMENT - An area of a minimum contiguous size, as specified by ordinance, to be planned, developed, operated and maintained as a single entity and containing one or more residential clusters; appropriate quasi-public uses may be included if such uses are primarily for the benefit of the residential development.

PREMISES - Land and building and structures existing at a designated location as considered, assessed and designated on municipal property maps.

PRIMARY ROAD - An internal roadway which provides direct access to a public right-of-way.

PRINCIPAL BUILDING - A building in which is conducted the principal use of the lot on which such building is situated.

PRINCIPAL USE - The primary purpose for which a lot is used. If any lot contains two or more separate businesses or other enterprises, the lot shall be considered to have two or more principal uses.

PRIVATE BUSINESS GARAGE - An accessory building used for the storage of motor vehicles operated only by those residing on or working on the premises, except that space for one permitted vehicle only may be rented to a nonoccupant of the premises.

PRIVATE RECREATIONAL FACILITIES - A recreation facility operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.

PRIVATE RESIDENTIAL GARAGE - An accessory building used for the storage of passenger automobiles operated only by those residing on the premises, except that space therein for one passenger automobile only may be rented or used by a nonoccupant of the premises and except that one commercial vehicle owned by a person residing on the premises may be stored therein.

PROPERTY LINE - Legally defined boundary lines of a parcel of land; includes lot line.

PUBLIC GARAGE - A building used for the repair, greasing, servicing, adjusting, painting, washing or equipping of motor vehicles or for the storage of commercial vehicles as a principal use or for the rental of storage space for more than one vehicle, but not for the sale of gasoline or diesel fuel, except as incidental and necessary to a repair.

REAR YARD - The space between the furthest extension of the rear wall of the building and the rear line of the lot extending across the full width of the lot.

RESIDENTIAL DEVELOPMENT - The construction of two or more dwellings on two or more adjacent lots within one twelve-month period, unless such lots have been held by separate owners for a period exceeding 12 months.

RECREATIONAL VEHICLE - A vehicle or trailer not over 30 feet long, primarily designed as temporary living quarters for recreation, camping or travel use (including boats), which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered.

RESTAURANT - A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

RESTAURANT, DRIVE-IN - An establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

RESTAURANT, FAST-FOOD - An establishment or business which is essentially designed to dispense a limited variety of food and beverages, which are so prepared, packaged in paper or in other types of disposable wrappers and containers, but specifically excluding establishments commonly known as "luncheonettes." See also "take-out food establishment."

RETAIL STORE - A building in which any article, excluding automotive vehicles, boats and building materials, is offered for sale at retail.

SATELLITE DISH - Any apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite or similar electronic signals and is larger than 2 meters (78.74 inches) ,but no larger than 10 feet in diameter.

SATELLITE DISH, SMALL - A satellite earth station antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite service, that is one meter (39.37 inches) or less in diameter.

SATELLITE DISH, MEDIUM - A satellite antenna used for "fixed wireless signals," which are commercial nonbroadcast communications signals transmitted via wireless technology to and/or from a fixed customer location, that is two meters (78.74 inches) or less in diameter.

SENIOR CITIZEN HOUSING - A group of dwelling units sponsored by a nonprofit sponsor under a program financed by the United States Department of Housing and Urban Development. Such dwelling units shall be designed, intended and reserved for the use of households, the single member of which, or either husband or wife of which, is 62 years of age or over or who is handicapped, except that the foregoing provisions shall not apply to any resident manager and/or the family of such resident manager who resides on the premises.

SEPARATE OWNERSHIP - Lots or parcels that are not owned by the same person, persons or legal entity

SERVICE ESTABLISHMENT, BUSINESS - An estab- lishment primarily engaged in rendering nonrepair services, such as advertising, blueprinting, building cleaning or equipment rental, to business enterprises on a fee or contract basis.

SERVICE ESTABLISHMENT, PERSONAL AND HOUSEHOLD - A business conducted to render either a personal service, such as haircutting, nail salons, shoe repair or dry cleaning, or a household service, such as insect extermination, the repair of furniture, small household appliances or television sets. A service establishment, personal and household, shall not include mortuary services, the repair on the premises of furnaces, refrigerators, air conditioners and other articles of similar bulk and weight. [Amended 12-28-2004 by Ord. No. 2865]

SIDE YARD - An open space between the building and the side line of the lot extending through from the front to the rear yard or to another street, into which space there is no extension of the building above the grade level.

SIGN - Any device for visual communication, including its framework, that is used for the purpose of bringing the subject thereof to the attention of the public or of attracting public attention to an establishment or premises, but not including any flag of any government organization or any badge or insignia of such agency or organization, all parts of which may be contained within a rectangle, neither dimension of which exceeds four feet, or any holiday decoration.

ADVERTISING SIGN - A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises or not exclusively related to the premises. Advertising signs are specifically prohibited in all zones.

BUSINESS SIGN - A sign which directs attention to a permitted profession, office, business, commercial enterprise or industry conducted upon the premises, which sign shall be deemed an integral part of that profession, office, business, commercial enterprise or industry. A "for sale" or "to rent" sign relating only to the property on which it is displayed shall be deemed a business sign.

CONTRACTOR SIGN - A temporary sign advertising the name, address and telephone number of persons providing services to a residence or other building or property, limited to 30 days

FLAT SIGN - Any business sign which is placed against a building or structure and attached to or painted on an exterior wall of any building or structure but does not extend above the top or beyond the ends of the wall to which it is attached and does not project more than nine inches from the surface to which it is attached.

GROUND SIGN - Any business sign supported by uprights, braces or masonry wall which is attached to the ground and not attached to any buildings, not exceeding five feet in height to the top of sign.

POLITICAL SIGN - Any sign which directs attention to any candidate for political office or to any political campaign, drive, movement or event.

PROJECTING SIGN - Any business sign which is attached to a building or other structure and extends beyond the line of said building or structure or beyond the surface of that portion of the building or structure to which it is attached. Projecting signs are specifically prohibited in all zones.

PYLON SIGN - Any business sign supported by uprights, braces or masonry wall which is attached to the ground and not attached to any building; exceeding five feet in height to the top of the sign. Pylon signs are prohibited in all zones.

ROOF SIGN - Any business sign erected, constructed and maintained upon or over the roof of a building, with the principal support on the roof structure. Roof signs are specifically prohibited in all zones.

TEMPORARY WINDOW SIGN - A sign made of paper or cardboard which is displayed inside or outside of a window and which meets the requirements for temporary window signs contained in this chapter.

WINDOW SIGN - A sign which is painted on or attached to a window or which is hanging within 18 inches inside of the window, which is measured around the perimeter of the sign and which must comply with the permitted total surface display area of business signs for a premises.

SINGLE-FAMILY DWELLING - A detached dwelling containing one dwelling unit and permitted accessory uses only.

STORY - That part of a building included between any floor and the floor or ceiling next above. When applying to the permissible height of a building, the term "story" shall include a basement as defined in this article.

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 where the finished surface of the floor above the basement is more than six feet above the finished ground level for more than 50% of the total building perimeter.

STORY, HALF - That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.

STREET - Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon any plat heretofore approved pursuant to law or heretofore approved by official action, including all streets or ways on plats duly filed and recorded in the office of the County Recording Officer prior to the appointment of a planning board and prior to the grant to such board of the power to review plats. The word "street" includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, planted strips, parking areas and other areas within such street lines.

STREET LINE - A boundary line of a dedicated street; a lot line coinciding with such line.

STRUCTURE - A combination of materials forming a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land, excluding vehicles, boats and portable furniture.

TAKE-OUT FOOD ESTABLISHMENT - An establishment with limited seating where the principal business is the dispensing of a limited menu of items prepared to order or already prepared and held for service, or heated in a device such as a microwave oven, which are so prepared and packaged in disposable containers or wrappers in a form for ready consumption off premises.

TOWNHOUSE DWELLING GROUP - A group of two or more townhouse structures.

TOWNHOUSE STRUCTURE - A building containing at least four and no more than six townhouse units.

TOWNHOUSE UNIT - A one-family dwelling unit attached to other townhouse units separated from each unit by a fire separation wall.

TRUCK TERMINAL - Any lot on which more than three trucks over 11/2 tons' gross vehicle weight are parked overnight out of doors.

TWO-FAMILY DWELLING - A dwelling containing two dwelling units and permitted accessory uses only.

USABLE OPEN SPACE - An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces which is free from structures of any kind and which is available and accessible to all occupants of the building or buildings on said lot for purposes of active or passive outdoor recreation. Said usable open space may include fenced or screen-planted children's play areas.

USE - The specific purpose for which a lot, structure or premises is designed, arranged, intended or occupied.

PERMITTED USE - A use allowed in a district under the terms of this chapter and not deemed to include any nonconforming use.

PROHIBITED USE - A use not permitted in a district under the terms of this chapter. All uses not permitted are prohibited, and the listing of certain uses as specifically prohibited reiterates the implied prohibition regarding those uses to avoid doubt or confusion.

WAREHOUSE :

ACCESSORY WAREHOUSE - A completely enclosed building used for storage of merchandise to be sold at retail in an establishment located on the same lot and constituting an accessory use to such establishment.

INDUSTRIAL WAREHOUSE - A completely enclosed building used for storage of products manufactured or processed or goods to be manufactured or processed on the premises and constituting an accessory use, but not including a truck terminal as defined herein.

WHOLESALE WAREHOUSE - A completely enclosed building used for the storage of goods to be resold through retail outlets or retail mail sale and constituting the principal use of the property, but not including a truck terminal as defined herein.

WIRELESS TELECOMMUNICATIONS FACILITY - A commercial facility providing for selling transmitting/receiving air time, available equipment and customary support facilities in accordance with and in compliance with the regulations promulgated by the Federal Communications Commission (FCC) in the Telecommunications Act of 1996, and shall include wireless telecommunications antennas, wireless telecommunications towers and wireless telecommunications compounds.

WIRELESS TELECOMMUNICATIONS ANTENNAS - A system of electrical conductors that transmit or receive radio frequency signals, digital signals, analog signals or electromagnetic waves for wireless communications, but shall not include small or medium satellite dish antennas as defined above.

WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND - A fenced-in area which houses any combination of wireless telecommunications structures, buildings, antennas, equipment and/or towers.

WIRELESS TELECOMMUNICATIONS TOWER - A vertical structure specially designed to support wireless telecommunications antennas.

ZONING OFFICER - The officer or other personnel charged with the administration and enforcement of this chapter, or his duly authorized representative.

OUTDOOR CAF - Any eating establishment where food and other refreshments are served out of doors directly on the side of or to the rear of any restaurant or other place of business where food and/or other refreshments are served.

OUTDOOR SIDEWALK CAFE - Any eating establishment where food and other refreshments are served out of doors directly in front of any restaurant or other place of business where food and/or other refreshments are served.

PUBLIC RIGHT-OF-WAY - That area immediately outside of and contiguous to any restaurant, cafe, cafeteria or place of business which is currently used or reserved for use by the public

SIDEWALK - That area of the public right-of-way reserved for pedestrian traffic and designated by the construction of cement, brick paver or like material, and existing in varying degrees between the curb and the front line of the building housing an eating establishment.