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 6-1 3-61; 3-12-63; amended 2-11-91 by Ord. No. 91-10; 5-1 3-91 by Ord. No. 91-47; 4-1 4-93 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; 12-23-96 by Ord. No. 96-41]
A. 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 indicated 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
[Amended 4-22-96 by Ord No 96-8]
**Webmasters Note: The previous paragraph has been amended by Ordinance No. 11-07, effective May 9, 2011.
ACCESSORY STRUCTURE OR BUILDING - 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]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
ACCESSORY USE - A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot.
**Webmasters Note: The previous definition has been added as per Ordinance No. 03-25.
ADULT CABARET - (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]
ADULT DAY HEALTH CARE FACILITY - 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.
**Webmasters Note: The previous definition has been added as per Ordinance No. 00-11.
AGRICULTURE - 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 teed 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]
ALLEY - A service road that provides a secondary means of access to lots.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
APARTMENT - One or more rooms with private bath and kitchen facilities comprising an independent, self-contained living space intended for or occupied by one (1) family or household in a building containing other dwelling units.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
ATRIUM HOUSE - A single-family dwelling unit which may be structurally joined to at least one (1) but not more than two (2) other similar dwelling units, not exceeding on (1) story or twenty (20) feet in height All major rooms in such a unit open onto a central court or atrium surrounded by three (3) or four (4) sides of the unit.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
AUTO CAB - 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]
AUTOMOBILE REPAIR, MAJOR - 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]
**Webmasters Note: The previous definition has been amended as per Ordinance No. 03-25.
AUTOMOBILE REPAIR, MINOR - Minor repairs, incidental replacement of parts and motor service to motor vehicles excluding trucks . [Added 10-27-97 by Ord. No. 97-22]
**Webmasters Note: The previous definition has been amended as per Ordinance No. 03-25.
AUTOMOBILE WRECKING YARD - 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]
AWNING SIGN - 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]
BANQUET FACILITY - 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]
BAR - 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]
BILLBOARD - 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.
**Webmasters Note: The previous definition has been added as per Ordinance No. 00-2.
BUILDING - A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
BUILDING COVERAGE - 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 1O-26-87 by Ord No 87-871]
BUILDING HEIGHT - 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
BUSINESS - Any lawful commercial endeavor to engage in the manufacturing, purchase, sale, lease, or exchange of goods and /or the provision of services.
**Webmasters Note: The previous definition has been amened as per Ordinance No. 03-25.
CANTILEVER - An overhanging part of a structure supported at one end only.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
CARGO CONTAINER -A premanufactured storage facility designed to hold or enclose commodities be carried on a motor vehicle or be transported by rail car or ship.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
CHANGEABLE SIGN - A sign whose informational content can be changed or altered by manual or electric, electro-mechanical, or electronic means
[Added 12-27-93 by Ord No 93-73]
CHIEF CONSTRUCTION OFFICIAL - The Chief Construction Official of the Division of Construction Inspection and any of his duty authorized deputies, assistants and representatives
[Amended 6-26-67 by Ord No 67-8-K, 10-23-78 by Ord No 78-89]
CHURCH - A building or structure, or groups of buildings or structures in which religious worship is conducted and/or religious services are held. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 01-28.
CLUB - 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]
CLUSTER DEVELOPMENT - 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.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
COMMERCIAL USE - Activity involving the sale of goods or services carried out for profit.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
COMMERCIAL VEHICLE - 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 twenty (20') feet in length, seven (7') feet in width excluding rearview mirrors, or eight (8') 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]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
COMMON OPEN SPACE - 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 72-8-EE]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
CONTIGUOUS ACRES - 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.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
CONVENTIONAL DEVELOPMENT - single family dwellings on individual lots requiring no public or community open space. Characterized by the division of the entire subject parcel into lots.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 01-28.
COTTAGE INDUSTRY - Sale, display and fabrication or assembly of site-crafted items including silver smiting, metalsmithing, fine cabinet work, cloth weaving. ceramics, pottery. leather working and printing subject to the following:
1. 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.
2. No business may be conducted with members of the public later than 10:00 P.M.
3. Not more than three persons who are not a resident of the property may be employed.
4. No firearms may be used in any form in said business including repair of nonfunctioning parts.
5. The following are 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
**Webmasters Note: The previous definition has been amended as per Ordinance No. 01-28.
DAY CARE - See Nursery School.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
DENSITY, NET [Deleted 12-13-93 by Ord. No. 93-76]
DENSITY - The permitted number of dwelling units per gross area of land to be developed
[Added 12-13-93 by Ord No 93-76]
DEVELOPMENT - 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.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
DIRECTIONAL SIGN - Arty sign that directs the movement or placement of pedestrians or vehicular traffic on a lot
[Added 5-29-84 by Ord No 84-570]
DIRECTORY SIGN - A freestanding sign which lists the occupants or tenants of a site or building
[Added 5-29-84 by Ord No 84-570]
DRIVE-IN RESTAURANT - 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 76-8-JJJ, amended 4-14-93 by Ord No 93-12]
DRIVEWAY - An improved space providing access for vehicles to a parking space. garage, dwelling or other structure and accessory to the use served.
**Webmaster's Note: The previous definition has been added as per Ordinance No. 99-8.
DWELLING, ATTACHED - A one-family dwelling attached to two or more one-family dwellings by common vertical walls.
**Webmasters Note: The previous definition has been added as per Ordinance No. 02-12.
DWELLING, MULTIPLE - A building or portion thereof used or designated as a residence for three (3) or more families Irving 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
DWELLING, SINGLE-FAMILY - A detached building designed for or occupied exclusively by one (1) family. A single family dwelling contains only one kitchen.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
DWELLING, TWO-FAMILY - A detached or semidetached building where the individual family units are entirely separated by vertical waft or horizontal floors, unpierced except for access to the outside or to a common basement
DWELLING UNIT - One or more rooms with private bath and kitchen facilities comprising an independent, self-contained living space intended for or occupied by one (1) family or household.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
ELECTRICAL TRANSMISSION LINES - 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 71-8-DD]
EXCAVATING BUSINESS - 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]
FACADE SIGN - 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]
FAMILY - One (1) or more persons Irving 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.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
FAMILY DAY CARE HOME - The private residence of a family day care provider which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act," P.L. 1987, c. 27 (C.30:5B-16 et seq.)
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
FAST-FOOD RESTAURANT - A public eating facility where patrons purchase food while within the physical premises of the restaurant, or from an attached drive-thru 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]
FENCE - An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
**Webmasters Note: The previous definition has been added as per Ordinance No. 00-15.
FLOOR AREA - See Gross Floor Area definition.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
FLOOR AREA RATIO (F.A.R.) - 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]
FORESTRY - 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]
FREESTANDING SIGN - 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]
FRESHWATER WETLANDS - 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
[de 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]
GARAGE - A building used for the housing or storing of self-propelled motor vehicles, or unit portions thereof, designated for use on public highways
(1) GARAGE, PRIVATE - A 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 68-8-M]
(2) GARAGE, PUBLIC - Any garage not included within the definition of a private garage
GAS STATION - 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).
**Webmasters Note: The previous definition has been added as per Ordinance No. 03-25.
GAS STATION MINIMART - 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.
**Webmasters Note: The previous definition has been added as per Ordinance No. 03-25.
GRADE - The mean-average finished ground elevation at the front of the building.
GRAPHIC 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.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
GROSS FLOOR AREA - 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]
HIGH VOLTAGE ELECTRICAL TRANSMISSION TOWERS - Large metal towers used to support high-voltage electrical transmission wire
[Added 10-27-71 by Ord No 71-8-DD]
HOME OCCUPATION - [Amended 11-8-82 by Ord No 82-475, 11-12-91 by Ord No 91-108] 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
1 No article may be sold, offered for sale except as may be produced by members of the immediate family residing in the dwelling
2 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
3 No advertising sign may be displayed [Amended 11-12-91 by Ord No 91-108]
4 No permitted home occupation may be conducted with members of the public later than 10:00 PM
5 There shall be no external display of goods
[Added 11-12-91 by Ord No 91-108]
6 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]
7 There shall be no outside storage of any kind related to the home occupation
[Added 11-12-91 by Ord No 91-108]
8 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]
9 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 am to 5:00 p.m. Monday through Saturday
[Added 11-12-91 by Ord No 91-108]
10 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]
11 Customer/client parking shall not interfere with residential parking on the street
[Added 11-12-91 by Ord No 91-108]
12 Not more than one (1) home occupation shall be conducted on an individual lot
[Added 11-12-91 by Ord No 91-108]
B.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]
C.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 (4) non-residents present at any one time, a nursery school or babysitting 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]
D.GARAGE SALES - By way of exception to the foregoing, any person may conduct not more than three (3) sales, commonly known as "garage, porch, attic, basement or lawn sales," on his or her premises in arty one (1) calendar year The sale shall generally be known as a "garage sale," which is defined as a public sale of used persona( property in a residential area of the municipality, commencing not earlier than 9:00 am, 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 75-8-WW, 11-8-82 by Ord No 82-475, 7-25-8.4 by Ord No 84-591]
HORTICULTURE - 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]
HOTEL - A building which contains furnished living units for its occupants and in which no Irving unit contains more than two (2) rooms, exclusive of bathroom, foyer closet or dressing area, terraces or balconies, and providing among other things such services and features as lobby, maid and valet service, linens, central dining room, lounges, concessions, room service, dispensary, game and hobby rooms, public assembly area and other services and features customarily provided in a hotel, including twenty-four-hour office service Such Irving units may contain cooking facilities as a supplement to central dining facilities Apartments or dwelling units, as defined in this subsection, may be provided for the sole use of resident employees, provided that same do not exceed three percent (3%) of the living units provided
JUNKYARD - 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 arty agricultural use permitted in any zones The term "junkyard" as herein defined includes automobile wrecking yards.
KITCHEN - 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.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
LANDSCAPE BUFFER - 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]
LANDSCAPE CONTRACTING - 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]
LIMOUSINE OR LIVERY SERVICE - The business of carrying passengers for hire by auto cab [Added 8-29-89 by Ord No 89-51]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
LOADING SPACE - 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
LOFT - 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.
**Webmasters Note: The previous definition has been added as per Ordinance No. 02-12.
LOT - 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.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
LOT AREA - The total horizontal area included within lot lines
LOT, CORNER - A lot abutting two or more streets at their intersection. Corner lots have a front yard for each street that it abuts.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
LOT COVERAGE - That portion of the lot covered by buildings and structures and all other manmade improvements on the ground surface which are more impervious than the natural surface. [Added 10-26-87 by Ord No 87-871, amended 4-11-88 by Ord No 88-819]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
LOT DEPTH - 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 ten (10) feet in length measured between its intersections with the side lot lines.
LOT LINE - 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.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
LOT SIZE AVERAGING - 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.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 01-28.
LOT WIDTH - The mean horizontal width or the horizontal width at the setback line, both measured at right angles to the lot depth, whichever is less
MASSAGE PARLOR - A place where persons pay either a membership fee or an admission fee or any other tee, 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]
MOTOR VEHICLE - Any self-propelled vehicle designed primarily for transportation of persons or goods over land. Includes the terms automobile, motorcycle, truck and vehicle.
**Webmasters Note: The previous definition has been added as per Ordinance No. 03-25.
NEWSPAPER VENDING MACHINES - 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]
NIGHTCLUB - 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 Section 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]
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 fails to conform to the requirements of the zoning district in which it is located by reason of such adoption. revision or amendment.
**Webmasters Note: The previous definition has been added as per Ordinance No. 99-45.
NURSERY SCHOOL - An establishment providing for the care, supervision, and protection of children. Also referred to as day care or pre-school.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
OPEN LANDS - 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 quality for the open lands ratio bonus in a planned development pursuant to sections 228-6.06B and 228-6.06C of this Ordinance.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
OPEN SPACE RATIO (O.S.R.) - 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]
OPEN SPACE - 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.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
OUTSIDE STORAGE - The keeping, in an area not enclosed by a building of arty 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]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
PARAPET - The extension of a false front or wall above a roofline
[Added 12-27-93 by Ord No 93-73]
PARKING SPACE - An area either within a structure or garage or in the open, and exclusive of access drives, for the parking of a motor vehicle [Amended 12-23-68 by Ord No 68-8-U]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
PERSONAL SERVICES - 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.
**Webmasters Note: The previous definition has been added as per Ordinance No. 02-12.
PLANNED DEVELOPMENT - Encompasses the terms planned unit development planned unit residential development residential cluster, planned commercial development or planned industrial development.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
PLANNED SENIOR CITIZEN RESIDENCE ("PSCR") DEVELOPMENT - 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.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-28.
PRIME AGRICULTURAL SOILS - Soils that are designated as prime farmland by the United Sates Department of Agriculture. Sod Conservation Service, and the Soil Survey of Middlesex County.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-28.
PROFESSIONAL OCCUPATION - 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 arty 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 71-8-BB]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
RECYCLING - 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]
RECYCLING CENTER - means 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]
RESTAURANT - 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 wagers 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 67-8-H, amended 1-24-77 by Ord No 76-8-JJJ, 5-22-76 by Ord No 78-29, 4-14-93 by Ord No 93-12]
RETAIL - A business that provides goods to the consumer, including goods sold at wholesale.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
ROOFTOP EQUIPMENT - Mechanical equipment such as heating, ventilation or air conditioning units placed on the root of a building or structure [Added 6-12-89 by Ord No 89-37]
ROOFLINE - The profile of a roof. The maximum height of the actual building cover.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
ROOF SIGN - 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.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
SCHOOL - A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high-schools.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-28.
SETBACK -The required minimum distance between every structure and the lot lines on the lot on which the structure is located.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
SETBACK LINE - 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.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
SEX CLUB - 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]
SHED - A utility structure of 175 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.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
SHOPPING CENTER - 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]
SIGN - 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.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
SIGNS, DOUBLE-FACED - One (1) sign painted on both sides or two (2) signs of identical size and shape attached to each other back-to-back Whenever there is an angle between the two (2) sign faces, it shall be considered as two (2) separate signs
SOLID WASTE - 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]
SOLID WASTE FACILITIES - 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 13 1E et seq ), P L 1970, c 40 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]
SPECIFIED ANATOMICAL AREAS means
[Added 12-13-82 by Ord No 82-480]
A.Less than completely and opaquely covered
1 human genitals
2 pubic area
3 buttocks
4 a. female breast below a point immediately above the top of the areola,
b. human male genitals in a discernibly turgid state, even if completely and opaquely covered
SPECIFIED SEXUAL ACTIVITIES -
[Added 12-13-82 by Ord No 82-480] means
A.human genitals in a state of sexual stimulation or arousal,
B.acts of human masturbation, sexual intercourse or sodomy, or
C.fondling or other erotic touching of human genitals, pubic areas buttocks or female breasts
STORAGE - A space or place where goods, materials or personal property is placed and kept.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
STORAGE YARD - Premises used for the safekeeping of automobiles, goods or materials that are not abandoned. [Added 10-27-97 by Ord. No. 97-22]
STREET - 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 aor unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
STREET LINE - 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 fine for the street
STRUCTURE - A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
TAVERN - 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]
TRACT - An area, parcel, site, piece of land, or property that is the subject of a development application.
**Webmasters Note: The previous definition has been added as per Ordinance No. 02-12.
TRAILERS - 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]
TRUCKING BUSINESSES, TERMINALS AND REPAIR SHOPS : 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]
USE - 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,
WAREHOUSING AND DISTRIBUTION : 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]
YARD - 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
YARD FRONT - An area extending across the full width of the lot and tying between the front line of the lot and the nearest line of the building, When a lot is so situated that it abuts two (2) 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]
YARD, REAR - An area extending across the full width of the lot and tying between the rear line of the lot and the nearest fine of the building. When a lot is so situated that it abuts two (2) 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]
YARD, SIDE - 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
ZONING BOARD - The Zoning Board of Adjustment as established pursuant to the Municipal Land Use Law, Chap. 291.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
