§ 154-5. Definitions and word usage., Article I. General Provisions, Chapter 154. Zoning, Part II. General Legislation, Code of Ordinances, Mount Laurel

Definitions. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated:

ACCESSORY BUILDING: A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.

ACCESSORY RESIDENTIAL USE

(1)

A use customarily carried on within a dwelling by the residents thereof, which use is incidental and subordinate to the residential use and for which there is no contact whatsoever with the public for any purpose.

(2)

Accessory residential uses shall be subject to the following standards:

(a)

There shall be no more than one employee.

(b)

There shall be one off-street parking space in addition to those otherwise required by this chapter if deemed necessary for the operation as determined by the reviewing agency. If the additional parking changes the appearance of the site, then site plan approval from the Planning Board is required.

(c)

The area used for the above uses shall occupy no more than 15% of the total floor area, including basements if so used.

(d)

No storage of materials or products outside of the dwelling unit shall be permitted, including the use of vans, trucks and other vehicles to store materials and equipment.

(e)

The use shall be clearly incidental to the residential use of the dwelling unit and shall not change the essential residential character of the dwelling.

(f)

No external alterations inconsistent with the residential use of the dwelling unit shall be permitted.

(g)

No display of products shall be visible from outside the building.

(h)

Such accessory uses shall be conducted by the residential occupants, who must be continuous occupants of the dwelling while the use is in operation.

(i)

No advertising display shall be visible from the street or elsewhere other than a small professional nameplate, which shall not exceed two square feet in area.

ACCESSORY USE or ACCESSORY: A use conducted on the same lot as a principal use to which it is related and located either within the same structure or in an accessory building or as an accessory use of land, except that off-street parking need not be located on the same lot. It is a use which is clearly incidental to and customarily found in connection with a principal use.
[Amended 8-16-1976 by Ord. No. 1976-9; 12-20-1982 by Ord. No. 1982-40]

ALTERATION OF BUILDING: Any change in supporting members of a building, except such change as may be required for its safety, any addition to a building, any change in use from one district classification to another or removal of a building from one location to another.

AMUSEMENT FACILITIES: Any outdoor commercial facility or business open to the public which provides for and offers entertainment activities, such as arcade games and child or adult amusement rides, including, but not limited to balloon rides; tilt-a-whirl; dart games; roulette wheel; roller coasters; booths for games of skill and chance; pony rides; rodeos; moving rides in a horizontal or vertical fashion such as ferris wheels, carousels, rotating swings and cabs; kiddie rides; bungee jumping; freefall; balloon games; moon bounce; whip rides; shooting galleries; and fast-food service establishments and booths that are ancillary to the amusement facility.
[Added 15-15-2003 by Ord. No. 2003-20]

ANIMAL HUSBANDRY: The domestication of, care for or breeding of animals such as dogs, cattle, horses, fowl, sheep, goats, pigs and other like creatures.
[Added 4-22-2019 by Ord. No. 2019-13]

APARTMENT: A portion of a building consisting of a room or group of rooms used as a dwelling for a family and set apart as a separate unit from other units or portions of a building.

ASSISTED LIVING FACILITY: Residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation.
[Added 12-1-2003 by Ord. No. 2003-30]

BOARDING- AND ROOMINGHOUSE: A dwelling, other than a hotel, wherein people are sheltered or fed for profit.

BOARDWALK: A level, landscaped and/or surfaced area directly adjacent to a principal building or within three feet of finished grade, not covered by a permanent roof and without footings.
[Added 7-6-1998 by Ord. No. 1998-5]

BUILDING

(1)

DETACHED

A building which has no party wall.

(2)

SEMIDETACHED

A building which has one party wall in common with an adjacent building.

BUILDING AREA: The aggregate of the maximum horizontal cross-section areas, excluding cornices, eaves and gutters, of all buildings on a lot.

BUILDING LINE: The line parallel to the street line at a distance therefrom equal to the depth of the required front yard.

CENTER LINE OF STREET OR ROAD: A line midway between and parallel to the two street or road property lines, or as otherwise defined by the Township Council.

CHILD-CARE CENTER

[Added 2-7-1983 by Ord. No. 1983-2]:

(1)

An entity, organization or individual licensed by the New Jersey Department of Human Services which operates a program for the care, maintenance and supervision of children who are not attended by their parents or guardians. Included in this definition are centers which are not licensed by the State of New Jersey and centers which offer educational, social, health and nutritional services and programs.

[Amended 12-1-2003 by Ord. No. 2003-30]

(2)

This definition shall include but not be limited to day-care centers, infant-care centers, drop-in centers, night-care centers, preschools, nurseries, child cooperatives, kindergartens, nursery schools, play schools, day camps, overnight camps and summer camps. Camps are considered to be programs operated only for a limited time period each year, generally during the nonacademic portion of each year; available to school-age children; and mostly oriented to outside recreation activities.

COMMERCIAL MIGRANT LABOR CAMP: One or more buildings or structures, together with the tract of land appertaining thereto, used as living quarters by seasonal, temporary or migrant workers, directly or indirectly in connection with any work or place where work is performed, whether or not rent is paid or reserved in connection with the use or occupation of such premises; and which camp is carried on as a commercial enterprise with the intent of gain or profit. The term "seasonal worker" or "temporary worker" or "migrant worker" shall not include any person who is or shall have been a resident of this state and who has had or shall have had his all-year-round dwelling place in this state for one year or longer and who dwells in said all year-round dwelling house while engaging in any seasonal or temporary work.

COMMERCIAL VEHICLE: Any motor vehicle licensed or registered by any state as a commercial vehicle.
[Added 4-22-2019 by Ord. No. 2019-13]

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED; COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE; COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES; AND COMMUNITY RESIDENCE FOR THE TERMINALLY ILL: As defined in the Municipal Land Use Law of New Jersey, Chapter 291, compiled as NJSA.
[Added 12-1-2003 by Ord. No. 2003-30]

CONDITIONAL USE: A use permitted in a particular zoning district only upon a showing that such use in a specific 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/Zoning Board.
[Added 12-1-2003 by Ord. No. 2003-30]

CORNER LOT: A lot fronting on two streets at their intersection. For residential zones only, each corner lot shall meet the yard requirements of front yards with respect to each yard adjacent to a street. The rear yard shall be the yard area behind the structure using the street address and access to define the front of the structure. The remaining yard shall be the side yard. Therefore, all residential corner lots shall have two front yards, one rear yard and one side yard, or two front yards and one side yard, or three front yards and one side yard.
[Amended 12-20-1982 by Ord. No. 1982-40; 11-2-1987 by Ord. No. 1987-32; 12-1-2003 by Ord. No. 2003-30]

DECK: A structure with footings, open to the elements and not covered by a roof, usually attached to or part of and with direct access to a principal building.
[Added 7-6-1998 by Ord. No. 1998-5]

DWELLING

(1)

SINGLE-FAMILY

A building, on a lot, designed and occupied exclusively as a residence for one family.

(2)

TWO-FAMILY

A building, on a lot, designed and occupied exclusively as a residence for two families.

(3)

MULTIPLE-FAMILY DWELLING or APARTMENT BUILDING

A building, on a lot, designed and occupied exclusively as a residence for three or more families.

(4)

A trailer shall under no circumstances be included within the definition of any kind of "dwelling."

ELECTRIC SUBSTATION: An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the needs of the general public, provided that in residence districts an electric substation shall not include rotating equipment (except as is incidental to the operation of the substation as such), storage of materials, trucks or repair facilities or housing of repair crews.

FAMILY: Any number of persons living and cooking together as a single housekeeping unit.

FAMILY DAY CARE HOME: The private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c.27 (N.J.S.A. 30:5B-16 et seq.).
[Added 12-1-2003 by Ord. No. 2003-30]

FARM BUILDINGS: Barns, stables, silos, vegetable stands, tenant houses and other structures customarily incidental to a farm.

FRESHWATER WETLANDS: As defined in the New Jersey Freshwater Wetlands Protection Act of 1987, including any subsequent amendments. No freshwater wetlands area shall be used in the calculation of residential density.
[Added 4-18-1988 by Ord. No. 1988-8]

GARDEN APARTMENTS: A group of multifamily dwellings, architecturally designed with one unit placed on top of another unit, up to three units in height, designed for rental or sale of the individual units having common open spaces, and designed in accordance with the requirements for such dwellings as set forth in this chapter.

GROUND-MOUNTED SOLAR ENERGY SYSTEM: Uses either a standard ground mount, which fixes the panel or plate in one place, or a pole mount, which elevates the panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat-plate, focusing solar collectors, or photovoltaic solar cells, that uses solar energy as its fuel; is ground mounted and designed to be permanently affixed to the ground on either a part of or all of the power beneficiary's premises; is designed and intended primarily to offset part or all of the beneficiary's requirements for energy consumption on site.
[Added 7-22-2013 by Ord. No. 2013-7; amended 2-25-2019 by Ord. No. 2019-6]

GROUP HOME: Any single-family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commissioner of Institutions and Agencies, provided, however, that no group home shall contain more than 12 children. All group home sites shall be subject to site plan review and be in conformance with applicable site plan and zoning standards, such as parking, drainage, lighting, signage, etc.
[Added 12-1-2003 by Ord. No. 2003-30]

HEIGHT OF BUILDING

[Amended 7-19-1993 by Ord. No. 1993-26]

(1)

RESIDENTIAL BUILDING

The vertical distance measured from the average ground level at the foundation to the extreme high point of the building, exclusive of chimneys, mechanical equipment and similar fixtures.

(2)

NONRESIDENTIAL BUILDING

The vertical distance measured from the average ground level 20 feet away from the foundation to the extreme high point of the building, exclusive of elevator towers, mechanical equipment and false facade treatment to hide rooftop equipment.

HELISTOP: An area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose.
[Added 5-4-1998 by Ord. No. 1998-1]

HOTEL: A facility offering transient lodging accommodations to the general public that may provide additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.
[Amended 12-1-2003 by Ord. No. 2003-30]

LOT: A parcel of land on which a main building and any accessory buildings are or may be placed, together with at least the required open spaces. The area of a lot which abuts a street shall be measured to the property line only.

LOT SUITABILITY ENVELOPE: For lots in the R-3 Residence District, that portion of the proposed development lot within which the principal building must be located and consisting of an area exclusive of required front yard setbacks, side yard setbacks and the area located within a fifty-foot setback from any environmental restriction line (wetlands, wetland buffers or floodplains) which may exist in the rear yard area. The lot suitability envelope shall exist only at the time of issuance of the initial building permit and shall not restrict the construction of decks, patios, pools or similar ancillary structures.
[Added 11-17-1997 by Ord. No. 1997-27]

MARIJUANA ALTERNATIVE TREATMENT CENTERS: An organization approved by the State of New Jersey to perform activities necessary to provide registered qualifying patients with usable marijuana and related paraphernalia in accordance with the provisions of the Compassionate Use Medical Marijuana Act.
[Added 10-22-2018 by Ord. No. 2018-17]

MARIJUANA CULTIVATION FACILITY: A use engaged in the cultivation, processing, and packaging of marijuana; manufacturing of marijuana product; delivery and transfer of marijuana to marijuana establishments, but not to consumers. This definition shall also apply to marijuana product manufacturer and marijuana cultivator.
[Added 10-22-2018 by Ord. No. 2018-17]

MARIJUANA PRODUCTS: Manufactured products having marijuana or a marijuana extract, including but not limited to edibles, beverages, topical products, ointments, oils, and tinctures.
[Added 10-22-2018 by Ord. No. 2018-17]

MARIJUANA RECREATIONAL/COMMERCIAL RETAIL ESTABLISHMENT: The retail sale or use of recreational/commercial marijuana and marijuana product items to a person 21 years of age and older.
[Added 10-22-2018 by Ord. No. 2018-17]

MARIJUANA TESTING FACILITY: A licensed facility used to test marijuana and marijuana products, and certify for potency and the existence of contaminants. This definition shall also apply to marijuana research facility, marijuana independent testing lab, and marijuana standards testing lab.
[Added 10-22-2018 by Ord. No. 2018-17]

MOBILE FOOD FACILITIES or "FOOD TRUCKS": A van, truck, towed trailer, or pushcart, from which prepared foods are sold which establishes operation at a location for more than 10 minutes.
[Added 4-22-2019 by Ord. No. 2019-15]

MOTEL: A building or a series of buildings, connected or separated, for the purpose of housing transient guests. This shall include motor cabins, motor courts and tourist cabins.

MOTOR VEHICLE SERVICE STATION: Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of trucks under 10,000 pounds, SUV's and automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories. Public vending machines for food and drink are permitted. Towing shall be limited to towing to the station for repairs, not for storage. Selling of motor vehicles is prohibited.
[Amended 2-15-1965 by Ord. No. 1965-1; 3-17-1997 by Ord. No. 1997-4; 12-1-2003 by Ord. No. 2003-30]

NONCONFORMING BUILDING OR USE: A building or use of land or a building existing at the effective date of this chapter which does not conform to the requirements of this chapter.

OPEN PORCH: A porch open on two or three sides except for screening. A porch shall not be considered open if enclosed by permanent glass sash.

PARKING SPACE: An open space or a garage, on a lot, used for parking motor vehicles.

PATIO OR TERRACE: A level, landscaped and/or surfaced area directly adjacent to a principal building or within three feet of finished grade, not covered by a permanent roof and without footings.
[Added 7-6-1998 by Ord. No. 1998-5]

PLANNED ADULT RETIREMENT COMMUNITY

[Added 9-18-1972 by Ord. No. 1972-12]:

(1)

Land under common ownership, containing residential dwelling units, necessary accessory buildings and required or permitted social, cultural, recreational, retail and commercial facilities, wherein permanent residents must be at least 52 years of age, except that the spouse or an immediate member of the family other than a child of said permanent resident or a live-in domestic, companion or nurse may be a permanent resident regardless of his or her age. A maximum of one child age 18 or older may also reside as a permanent resident with his or her parent or parents. In no event, however, shall there be more than three permanent residents in any one residential dwelling unit. Residential dwelling units in the PARC may be sold either as a fee simple, with a homeowners' association or comparable entity to administer, operate, manage, maintain or otherwise be fully responsible for any common areas or services to be provided in the PARC, or pursuant to the provisions of Chapter 257, Laws of 1969 (State of New Jersey), as amended (the Condominium Act).

(2)

A PARC may also contain a comprehensive life-care community, where the land and improvements thereon are under common ownership and residents may contract for lifetime or lesser duration use of the residential dwelling units and, in addition, may receive health care, including both long- and short-term medical and nursing care and other related services, including but not limited to food service, housekeeping service, utility service, maintenance service and the use of recreational, social and cultural facilities. If residential units are not offered for sale to residents, the landowner shall not be required to provide and establish a homeowners' association or comparable entity, and, in that event, all duties, obligations and liabilities imposed herein upon homeowners' associations or comparable entities shall be borne by the landowner.

[Added 1-21-1980 by Ord. No. 1980-2]

POLE BARN: A farm building which lacks a foundation or basement supported by poles set in the ground and wrapped with exterior siding comprised of corrugated steel, aluminum panels or wood.
[Added 4-22-2019 by Ord. No. 2019-13]

PORCH: A roofed open area which may be glazed or screened, without heating and air conditioning, usually attached to a part of and with access to a principal building.
[Added 7-6-1998 by Ord. No. 1998-5]

PRIVATE GARAGE, CARPORT: An accessory building or structure used for the storage and parking of any number of motor vehicles owned and used by the owner or tenant of the premises. The building or structure may not be used for commercial purposes. Not more than two commercial vehicles may be stored in a private garage nor shall the space be available to the public.
[Added 4-22-2019 by Ord. No. 2019-13]

PROHIBITED USES: A use that is not permitted in a zoning district; a use that is not specifically permitted is prohibited.
[Added 12-1-2003 by Ord. No. 2003-30]

PUBLIC GARAGE: A building or structure available to the general public used for the storage, parking or repair of motor vehicles.
[Amended 4-22-2019 by Ord. No. 2019-13]

RECREATIONAL FACILITIES: Any commercial or noncommercial facility open to the public, which provides for and offers active sports entertainment and activities, such as, but not limited to small-scale auto race track; bumper cars; batting cages; miniature golf, water slides; fixed mechanical spring horses; water bumper boats; golf course; golf driving range; motorized bike race track; tennis courts; baseball fields; basketball courts; soccer fields; volleyball courts; football fields; swimming pools; rock climbing walls; sliding boards; indoor video games; indoor games of chance; indoor skateboard; indoor ice skating; indoor soccer; swings; children's play structures; bowling; pool tables; indoor theaters; health spas and gyms; pedestrian trails; running tacks; and food services and retail sales which are related to the principal recreation activity. It may also include amusement facilities, provided that they are established within a building and are not located outdoors.
[Added 12-15-2003 by Ord. No. 2003-20]

RECREATION VEHICLE: A self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping or travel purposes and used solely as a family or personal conveyance.
[Added 12-1-2003 by Ord. No. 2003-30]

ROOF-MOUNTED SOLAR ENERGY SYSTEM: An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat-plate, focusing solar collectors, or photovoltaic solar cells, that uses solar energy as its fuel; is located on the roof of a power beneficiary's premises; is designed and intended primarily to offset part or all of the beneficiary's requirements for energy consumption on site.
[Added 7-22-2013 by Ord. No. 2013-7]

SCHOOL

[Added 2-7-1983 by Ord. No. 1983-2]:

(1)

Any building or part therefor which is designed, constructed, or used for education or instruction in any branch of knowledge.

[Amended 12-1-2003 by Ord. No. 2003-30]

(2)

A school does not include programs offered by a business enterprise, such as a dance studio, karate school, secretarial school or similar use.

SINGLE AND SEPARATE OWNERSHIP: The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any adjoining lot.

SOLAR COLLECTORS: A device or a combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy.
[Added 2-25-2019 by Ord. No. 2019-6]

SOLAR ENERGY FARMS: Also known as a "photovoltaic power station," is a large scale decentralized solar array which supplies electricity to the power grid for both residential and utility-scale solar. Typically, many of these large-scale arrays are owned by utility companies and serve as an asset to supply power to many properties in their coverage area. Solar energy farms are associated with the concept of community solar projects.
[Added 2-25-2019 by Ord. No. 2019-6]

STORY: That part of a building included between any floor and the floor or roof next above.

STREET: A public street, road or way which has been dedicated for public use, or a private street, road or way which has been approved by the Township Council.

STREET LINE: The dividing line between a lot and the outside boundary of a public street, road or highway legally open or officially plotted by the Township or between a lot and a private street, road or way over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way.

STRUCTURAL ALTERATION: Any change in or addition to the supporting members of a building or structure, such as bearing-wall partitions, columns, beams or girders.

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.
[Added 12-1-2003 by Ord. No. 2003-30]

SUNROOM: A roofed, enclosed area which may have siding, windows, screens, heating and air conditioning, usually attached to or part of and with access to a principal building.
[Added 7-6-1998 by Ord. No. 1998-5]

TELEPHONE CENTRAL OFFICE: A building and its equipment erected and used for the purposes of facilitating transmission and exchange of telephone or radio telephone messages between subscribers and other business of the telephone company, but, in residence districts, not to include public business facilities, storage of materials, trucking or repair facilities or housing of repair crews.

TOURIST HOME: A private residence in which overnight accommodations are provided for not more than 10 transient paying guests.

TOWNHOUSES: A building that has not less than three nor more than 10 one-family adjacent dwelling units erected in a row as a single building, each being separated from the adjoining unit or units by an approved masonry party or partition wall or walls, thus creating distinct units intended for separate ownership or rental. This definition shall also include such terms as "row house," "court dwelling," "maisonette," etc.
[Amended 12-1-2003 by Ord. No. 2003-30]

TRAILER or TRAILER CABIN: A vehicle, with or without its own motive power, equipped for or used for living purposes and mounted on wheels or designed to be so mounted and transported.

TRAILER CAMP: A lot or premises used for occupancy by two or more trailers or other vehicles used for living or sleeping purposes.

TRUCK: Every motor vehicle designed, used or maintained primarily for the transportation of property.
[Added 12-1-2003 by Ord. No. 2003-30]

TRUCK TRACTOR: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
[Added 12-1-2003 by Ord. No. 2003-30]

UTILITY SHED: An accessory building or structure used for storage purposes and not for storage of vehicles.
[Added 4-22-2019 by Ord. No. 2019-13]

VEHICULAR IMPOUND YARD: An area for the temporary storage of vehicles that are either waiting to be repaired or to be sent to another location. The storage of each vehicle shall not exceed six months.
[Added 12-1-2003 by Ord. No. 2003-30]

YARDS

[Amended 12-20-1982 by Ord. No. 1982-40]:

(1)

YARD

An open space on the same lot with a building, unoccupied and unobstructed from the ground upward. (An accessory structure placed in the rear yard, where permitted by law shall not be considered as an obstruction.)

(2)

FRONT YARD

A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the street right-of-way line, if the street line width meets or exceeds the minimum lot width for that zone or district, and a line parallel thereto on the lot. If the street right-of-way line is curved, the aforesaid line shall be a concentric line.

(3)

REAR YARD

A yard extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be measured from the main rear wall of the building to the rear lot line by creating a rectangle from the rear building wall.

[Amended 12-1-2003 by Ord. No. 2003-30]

(4)

SIDE YARD

An open, unoccupied space within the lot between a side lot line and the parts of the building, structure or outbuilding nearest thereto. Such "side yard" shall extend through, on both sides of the lot, from the street right-of-way line to the rear line of said lot.

(5)

OTHER YARDS

With respect to each yard of an irregularly shaped lot or irregularly shaped house, said yard shall be determined by placing a rectangle in said yard between the property line and the structure, which rectangle shall be the depth required for the yard in that particular zone and the width of the structure on that side of the lot measured by extending the lines of the structure.

(6)

DETERMINATION AND APPEAL

The determination as to which yards are front, side or rear yards shall be made by the Construction Official. This determination shall be based upon the relationship of the lot and/or the building to adjacent properties. In the case of any question with respect to said determination, appeal shall be to the Planning Board without cost or fee.

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

Editor's Note: See N.J.S.A. 13:9B-1 et seq.

Editor's Note: See N.J.S.A. 24:6I-1 et seq.

Editor's Note: See N.J.S.A. 46:8B-1 et seq.

Editor's Note: This ordinance also repealed the former definition of "private garage in residential districts," which immediately followed.