Wherever a term which is defined in N.J.S.A. 40:55D, the Municipal
Land Use Law, and/or the New Jersey State Uniform Construction Code
is used in this chapter, such term is intended to include and have
the meaning set forth in the definition of such term found in the
statute in addition to the definition for such term which may be included
in this chapter, unless the context clearly indicates a different
meaning.
A.Â
For the purpose of this chapter, certain terms or words used herein
shall be interpreted or defined as follows:
(1)Â
Words
used in the present tense include the future.
(2)Â
The
singular number includes the plural and the plural the singular.
(3)Â
The
word "lot" includes the word "structure."
(4)Â
The
word "zone" includes the word "district."
(5)Â
The
word "occupied" includes the word "designed" and the phrase "intended
to be occupied."
(6)Â
The
word "shall" is mandatory and not directory.
(7)Â
The
word "may" indicates a permissive action.
(8)Â
The
word "abut" shall include the words "directly across from," "adjacent"
and "next to."
(9)Â
The
word "used" shall include "arranged," "designed," "constructed," "altered,"
"converted," "rented," "leased" or "intended to be used."
(10)Â
The
term "such as," where used herein, shall be considered as introducing
typical or illustrative, rather than an entirely exclusive or inclusive
designation of, permitted or prohibited uses, activities, establishments
or structures.
B.Â
Words or word groups which are not defined below shall have the meanings
set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
or as given in Webster's Unabridged Dictionary.
[Amended by Ord. No. 1988-18; Ord. No. 1988-21; Ord. No. 1989-10; Ord. No. 1990-23; Ord. No. 1991-14; Ord. No. 1998-27; Ord. No. 1999-6; Ord. No. 1999-28; Ord. No. 2002-1; Ord. No. 2003-41]
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate use or building, the purpose of which is incidental
to that of a main use or building on the same lot, except that any
structure with a ground-floor area in excess of 500 square feet or
a building containing living space shall never be considered an accessory
building.
The Borough Administrator or his designee or such other person
as the Borough Council may designate by resolution.
A commercial establishment which as one of its principal
business purposes offers for sale, rental, or display any of the following:
[Added 12-19-2012 by Ord. No. 2012-21]
Books, magazines, periodicals or other printed material, or
photographs, films, motion pictures, video cassettes, slides or other
visual representations which depict or describe a specified sexual
activity or specified anatomical area; or still or motion picture
machines, projectors or other image-producing devices which show images
to one person per machine at any one time, and where the images so
displayed are characterized by the depiction of a specified sexual
activity or specified anatomical area; or instruments, devices, or
paraphernalia which are designed for use in connection with a specified
sexual activity; or
A commercial establishment which regularly features live performances
characterized by the exposure of a specified anatomical area or by
a specified sexual activity, or which regularly shows films, motion
pictures, video cassettes, slides, or other photographic representations
which depict or describe a specified sexual activity or specified
anatomical area.
As applied to a building or structure, shall mean a change
or rearrangement in the structural supports; or a change in the exterior
appearance; or a change in height, width or depth; or moving a building
or structure from one location or position to another; or changing,
adding to or removing from or otherwise affecting the exterior appearance
of a building or structure or making any changes in a building or
structure which is effected by any provision of this chapter.
As defined by the State of New Jersey and subject to any
restrictions imposed by the State of New Jersey. For the purposes
of this chapter, alternative treatment centers shall be considered
a retail commercial use and shall be subject to the parking and any
other requirements for retail commercial uses.
[Added 10-10-2018 by Ord.
No. 2018-25]
Any sign or part of a sign which changes physical position
by any movement or rotation or which gives the visual impression of
such movement or rotation.
A conventional apparatus, other than an earth or ground terminal,
used for the reception of television, radio and amateur radio communications.
A dwelling designed and occupied by one household or family
and located in a multifamily structure.
A structure housing at least three multifamily dwelling units
in a building of three or more stories and/or having a single entrance
per building.
A developer submitting an application for development.
The application form, affidavit, survey, narrative, and all
accompanying documents required by ordinance for approval of a subdivision
plat, site plan, planned development, conditional use, zoning variance
or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34
or 40:55D-36.
The Planning Board, unless a different agency is designated
in this chapter when acting pursuant to the authority of N.J.S.A.
40:55D-1 et seq.
The same as "motor vehicle repair garage."
A place of business where the primary purpose is the sale
of new motor vehicles, having a building with either showrooms, office
space, repair and/or maintenance facilities, with or without a used
car lot on the same business premises or immediately adjacent thereto.
The same as "motor vehicle service station."
A sign that is mounted or painted on the drop-leaf (fringe)
of an awning.
The elevation, based on mean sea level, of a flood that has
a one-percent or greater chance of occurrence in any given year as
established by the Federal Insurance Administration of the Department
of Housing and Urban Development and as shown on the Flood Insurance
Rate Maps of the Federal Insurance Administration.
A story partly underground and having more than 1/2 of its
height above the average level of the finished grade at the front
of the building. "Basement," for purposes of Ordinance No. 2009-22,[1] shall mean any area of the building having its floor subgrade
(below ground level) on all sides.
A structure, including panels of poster paper attached to
it, utilized for advertising an establishment, an activity, a product,
a service or entertainment and which has an area equal to or greater
than 200 square feet.
The length of a street between two street intersections.
Any dwelling for hire in which more than two persons are
housed or lodged, with or without meals.
The Board established pursuant to N.J.S.A. 40:55D-69. The
term "Board of Adjustment," as used in this chapter, also means the
Planning Board when it is acting pursuant to N.J.S.A. 40:55D-60.
The licensed New Jersey professional engineer specifically
retained by the Board of Adjustment (or assigned by the Borough Engineer
with the consent of the Board) to render engineering services and
advice to the Board. In the absence of the specific appointment of
a Board of Adjustment Engineer, the Borough Engineer may assume the
duties of the office.
Any waterfront facility where docking accommodations and/or
land-dry-storage accommodations for any watercraft, such as powerboats,
sailboats or rowboats, are offered on a rental basis and where facilities
for the building, rebuilding and general repair of boats and marine
equipment are provided. A boatyard shall be deemed to include all
auxiliary and accessory services, such as chandlery, gasoline sales
and rental business activities related to the primary use.
The Borough of Red Bank.
A strip of land which separates multifamily, commercial,
office or industrial-type districts or uses from adjoining residential
districts or uses so as to allow adequate screening of view, noise
or activity taking place within these districts from adjoining residences.
Within any such buffer area, no buildings, structures, driveways,
parking or loading area or other use of the land shall be permitted
unless otherwise provided in this chapter.
That central portion of any lot between required yards and/or
setback lines.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
The total of areas of outside dimensions on a horizontal
plane at ground level of the principal building and all accessory
buildings, exclusive of unroofed porches, terraces or steps having
vertical faces, which at all points are less than three feet above
the level of the ground.
The vertical distance measured from the average elevation
of the finished grade at all corners 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; to the deckline for
mansard roofs.
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
A permit issued for the alteration or erection of a building
or structure in accordance with the provisions of the Building Code
of the Borough.
A structure in which is conducted the principal use of the
site on which it is situated. In any district, any dwelling shall
be deemed to be a principal building on the lot on which it is located.
The stockpiling or warehousing of materials, which may or
may not be enclosed within a structure, including, but not limited
to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,
metal, concrete and insulation.
A business establishment which does not offer a product or merchandise
for sale to the public, but offers or provides a service primarily
administrative or clerical in nature. Business offices are all those
offices which are not professional or medical offices and include
but are not limited to the following:
[Amended 2-11-2008 by Ord. No. 2008-1]
Insurance companies.
Trade associations.
Real estate companies.
Investment brokerage houses.
Advertising or public relations agencies.
Computer and data processing.
Management and consulting services.
Adjustment and collection services.
Consumer credit reporting agencies.
Legislative district offices for any state or federal elective
office.
A permitted business office use may include professional office uses. A maximum of 33 1/3% of gross floor area of a business office use may be utilized for medical or dental offices. (See § 490-98 of this chapter.)
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
[Added 8-18-2021 by Ord. No. 2021-17]
Any licensed person or entity providing courier services
for consumer purchases that are fulfilled by a licensed cannabis retailer
in order to make deliveries of the purchased items to a consumer,
and which service would include the ability of a consumer to make
a purchase directly through the cannabis delivery service which would
be presented by the delivery service for fulfillment by a retailer
and then delivered to a consumer.
[Added 8-18-2021 by Ord. No. 2021-17]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
[Added 8-18-2021 by Ord. No. 2021-17]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 8-18-2021 by Ord. No. 2021-17]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers.
[Added 8-18-2021 by Ord. No. 2021-17]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 8-18-2021 by Ord. No. 2021-17]
A governmental acquisition of real property or a major construction
project.
A covering or roof to allow the parking of automobiles underneath.
With the exception of supports, the carport shall have no sides unless
such sides are the exterior wall of an adjacent building.
A story wholly or partly underground and having more than
1/2 of its clear height below the average level of the adjoining ground.
A certificate issued by the administrative officer after
all required submissions have been made in proper form, certifying
that an application for development is complete.
A certificate issued upon completion of construction and/or
alteration of any building; or change in use of any building; or change
in occupancy of a nonresidential building. Said certificate shall
acknowledge compliance with all requirements of this chapter, such
adjustments thereto granted by the Board of Adjustment or Planning
Board and/or all other applicable requirements.
[Amended 4-13-2009 by Ord. No. 2009-10; 8-24-2009 by Ord. No.
2009-36; 4-12-2010 by Ord. No. 2010-15]
Any change from an industrial use to any other industrial use.
Any increase in the number of dwelling units in a structure
which would result in two or more total units.
Any change from any nonresidential use to any other use for
which any standard set forth in this chapter is greater or more restrictive.
Any change from a residential use to any nonresidential use.
Any change in use from any existing or permitted use to any
conditional use.
Any change from any existing or permitted use to any permitted
use which can be classified as being in a category lower on the following
list than was the original use, except that in the CCD-1, CCD-2, BR-1,
BR-2 and NB Zones, any nonresidential use other than primary food
or liquor uses will not be considered a change in use if the new use
causes an increase in parking of less than five spaces, no new gross
floor area is proposed, and the applicant agrees to post all applicable
parking, utility, COAH and other fees:
A building or group of buildings, including customary accessory
buildings designed or intended for public worship. For the purpose
of this chapter, the word "church" shall include chapels, congregations,
cathedrals, temples, and other similar designations, as well as parish
houses, rectories, convents and such accessory uses as social halls.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
Any type of earth terminal not defined as a "personal earth
terminal."
A parking facility created and/or used for the sole purpose
of leasing spaces and not required to provide parking for other on-site
uses.
[Amended 7-18-2018 by Ord. No. 2018-19]
A use such as a bowling alley, bike rental, boat rental,
skating rink, game room, billiard parlor, do-it-yourself arts and
crafts, batting cages, escape rooms and similar type uses.
[Added 11-7-2018 by Ord.
No. 2018-30]
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.
An application for development which complies in all respects
with the appropriate submission requirements set forth in this chapter,
including an application form completed as specified by ordinance
and the rules and regulations of the municipal agency, and all accompanying
documents required by ordinance for approval of the application for
development, including, where applicable, but not limited to, a site
plan or subdivision plat, provided that the municipal agency may require
such additional information not specified in this chapter, or any
revisions in the accompanying documents, as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the municipal agency. An application shall be certified as complete
immediately upon the meeting of all requirements specified in this
chapter and in the rules and regulations of the municipal agency and
shall be deemed complete as of the day it is so certified by the administrative
officer for purposes of the commencement of the time period for action
by the municipal agency.
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 this chapter and upon the issuance of an authorization
therefor by the municipal agency.
A temporary sign erected on premises on which construction
is taking place, during the period of such construction, indicating
the names of the architects, engineers, landscape architects, contractors
and similar artisans and the owners, financial supporters, sponsors
and similar persons or firms having a role or interest with respect
to the structure or project.
Development other than planned development.[2]
A composite of the Master Plan for the physical development
of Monmouth County, with the accompanying maps, plats, charts and
descriptive and explanatory matter adopted by the County Planning
Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
The Planning Board of the County of Monmouth.
An unoccupied open space on the same lot with a building,
which is bounded on three or more sides by building walls.
The same as "lot coverage."
A sediment-producing highly erodible or severely eroded area.
The officially established grade of the curb in front of
the midpoint of the front lot line.
Calendar days.
The permitted number of dwelling units per gross area of
land to be developed. (See "residential density, gross.")
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.
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 structure, or of any
mining, excavation or landfill, and any use or change in the use of
any building or structure, or land or extension of use of land, for
which permission may be required pursuant to this chapter. "Development,"
for purposes of Ordinance No. 2009-22,[3] shall mean any man-made change to improved or unimproved
real estate, including but not limited to buildings or other structures,
mining, dredging, filing, grading, paving, excavation or drilling
operations located within the area of special flood hazard.
Experiencing a disability which originates before 18 years
of age, which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap, and which is attributable
to mental retardation, cerebral palsy, epilepsy, autism, or other
conditions found by the Commission of Human Services to give rise
to an extended need for similar services.
A person who is developmentally disabled as defined in N.J.S.A.
30:11B-2, and "mentally ill person" means a person who is afflicted
with mental illness as defined in N.J.S.A. 30:4-27.2, but shall not
include a person who has been committed after having been found not
guilty of a criminal offense by reason of insanity or having been
found unfit to be tried on a criminal charge.
[Amended 12-5-2012 by Ord. No. 2012-23]
A document signed by the administrative officer:
Which is required by ordinance as a condition precedent to the
commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building;
and
Which acknowledges that such use, structure or building complies
with the provisions of this chapter or variance therefrom duly authorized
by a municipal agency.
This chapter, Official Map Ordinance or other municipal regulation
of the use and development of land, or amendment thereto adopted and
filed pursuant to N.J.S.A. 40:55D-1 et seq.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
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.
The same as "fast-food establishment" (auto-oriented).
[Amended 9-28-2009 by Ord. No. 2009-30]
An establishment that as part of its operation sells products
or provides services to occupants in a vehicle. This use includes,
but is not limited to, the operation of a drive-up or drive through
service at a bank or other financial institution, the operation of
fast food service establishment, and commercial retail sales (e.g.,
pharmacy).
[Added 9-11-2013 by Ord. No. 2013-18]
Any building or portion thereof designed or used exclusively
for one or more dwelling units.
An attached building or part thereof designed for or containing
one dwelling unit, located on a separate building lot, separated by
vertical common walls from dwellings located on one or more sides.
A detached building designed for or containing one dwelling
unit.
A detached building designed for or containing two dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors, unpierced, except for access to the outside
of a common cellar.
An apartment including the following separate rooms or combination
thereof: a bathroom with toilet and bath facilities and a combination
living room and bedroom, with a combination kitchen and dining room;
or a combination living room, bedroom and dining room with a separate
kitchen; or a combination living room, bedroom, dining room and kitchen
(provided that the kitchen can be closed off from the remainder of
the room). No additional room shall be provided, except hallways and
suitable closet and storage space.
A building designed for or containing three or more dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors, unpierced, except for access to the outside
or a common cellar.
An apartment including the following separate rooms or a
combination thereof: a kitchen; a dining room; a living room; or a
combination kitchen and dining room with a separate living room; or
a separate kitchen with a combined living room and dining room area
(provided that in no case shall a kitchen be combined with a living
room); a bathroom with toilet and bath facilities; and a bedroom.
No additional room shall be provided, except hallways and suitable
closet and storage space.
A detached building designed for or containing one dwelling
unit.
An apartment including the following separate rooms or a
combination thereof: a kitchen; a dining room; a living room; or a
combination kitchen and dining room with a separate living room; or
a separate kitchen with a combined living room and dining area (provided
that in no case shall a kitchen be combined with a living room); a
bathroom with toilet and bath facilities; a master bedroom; a second
bedroom; a third bedroom. No additional room shall be provided, except
hallways and suitable closet and storage space.
A unit designed for or containing three or more dwelling
units, which are entirely separated from each other by vertical walls,
unpierced, except for access to the outside.
An apartment including the following separate rooms or a
combination thereof: a kitchen; a dining room; a living room; or a
combination kitchen and dining room with a separate living room; or
a separate kitchen with a combined living room and dining area (provided
that in no case shall a kitchen be combined with a living room); a
bathroom with toilet and bath facilities; a master bedroom; a second
bedroom. No additional room shall be provided, except hallways and
suitable closet and storage space.
A building or part thereof having cooking, sleeping and sanitary
facilities, designed for or occupied by one family, and which is entirely
separated from any other dwelling unit in the building by vertical
walls, or horizontal floors, unpierced, except for access to the outside
or a common cellar.
Any apparatus or device, commonly known as an "earth terminal
antenna," "earth terminal," "earth station," "satellite communications
antenna," "satellite antenna," "microwave dish antenna," or "dish
antenna," and including as part of such apparatus or device the main
reflector, subreflector, feed, amplifier and support structure, which
is designed for the purpose of transmitting and/or receiving microwave,
television, radio, satellite or other electromagnetic energy signals
into or from space, but does not include conventional television,
radio and amateur radio antenna.
The right of the Borough, county, state, sewerage authority
or other public or quasi-public agency, their agents, servants and
employees to use the land subject to the easement for the purposes
specified on the plat or in the document granting the easement.
Public, parochial or private elementary or secondary schools,
duly licensed by the State of New Jersey, attendance at which is sufficient
compliance with the compulsory education requirements of the state.
Summer day camps shall not be considered as educational uses or accessories
to such uses. Duly accredited colleges and universities shall also
be considered educational uses.
The Red Bank Environmental Commission, a municipal advisory
body, if and when created pursuant to N.J.S.A. 40:56A-1 et seq. Unless
and until such Commission is created, all duties and responsibilities
of the Commission shall be assumed by the municipal agency.
For the purposes of this chapter, a compilation of studies, reports, documents and findings of fact prepared by an applicant as part of and for a development application. Said EIR shall be consistent with and shall contain all that information, data and documentation contained in § 490-90 of this chapter. An environmental impact statement meeting the requirements of P.L. 1973, Chapter 185, of the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq., and specifically outlined in Section 6 of said Act will be accepted in lieu of the EIR.[6]
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Committee and administered by the Freehold
Soil Conservation District.
Underground gas, electrical, telephone, telegraph, steam
or water transmission or distribution systems, including mains, drains,
sewers, pipes, conduits, cables, and including normal aboveground
appurtenances such as fire alarm boxes, police call boxes, light standards,
poles, traffic signals, hydrants, and other similar equipment and
accessories in connection therewith, reasonably necessary for the
furnishing of adequate service by public utilities or municipal or
other governmental agencies or for the public health or safety or
general welfare.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
Site plan and/or subdivision approval shall not be required
prior to issuance of a development permit for the following:
Construction, additions or alterations related to single-family
or two-family detached dwellings on individual lots.
Interior alterations which do not increase the required number
of off-street parking spaces.
Exterior alterations which are not otherwise restricted by this
chapter and, in the opinion of the administrative officer:
Any change in occupancy which is not a change in use (as herein defined) and is not part of a development previously approved for shared parking pursuant to § 490-98P(3) of this chapter.
Any increase in the total number of employees, number of employees
in any shift, or the number of vehicles to be stored or parked on
the site not exceeding 25% of the amount existing at the time of passage
of this chapter or as set forth at the time of a previous site plan
approval.
Construction or installation of underground facilities which
do not alter the general use, appearance or grade of the site.
Divisions of property, and conveyances so as to combine existing
lots, which are not considered to be subdivisions in accordance with
the definition of "subdivision" contained within this section.
Erection of a sign classified as an exempt development pursuant to § 490-104D(2) of this chapter.
Individual applications for accessory mechanical equipment,
accessory storage structures and accessory uses not exceeding 100
square feet in area, whose operation and location conform to the design
and performance standards of this chapter and whose installation is
on a site already occupied by an active principal use for which site
plan approval is not otherwise required.
Leasing of existing parking spaces to off-site uses within the Borough in accordance with the requirements of § 490-98R.
[Added 7-18-2018 by Ord.
No. 2018-19]
A logo which occupies no greater than 20% of the sign face
as authorized by this chapter.
Any sign lighted by or exposed to artificial lighting by
lights not contained within the sign structure but directed towards
the sign.
One or more persons living together as a single entity or
nonprofit housekeeping unit, as distinguished from individuals or
groups occupying a hotel, club, fraternity or sorority house. The
family shall be deemed to include necessary servants when servants
share the common housekeeping facilities and services.
A quick-service food establishment that is most commonly
operated as a franchise or chain restaurant, that typically serves
food that is prepared in bulk and ready to serve for consumption on
premises and/or ready to take away by customers, the majority of which
will arrive by automobile, for consumption off premises.
[Amended 9-28-2009 by Ord. No. 2009-30; 11-22-2011 by Ord. No.
2011-20]
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials.
A fence in which 2/3 of the area, between grade level and
the top cross member (wire, wood or other material), is open.
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 guarantees properly
posted for the completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of the site plan or subdivision
which is presented to the Planning Board for final approval in accordance
with the provisions of this chapter.
Any directly or indirectly illuminated sign which exhibits
changing natural or artificial light or color effects by any means
whatsoever.
The sum of the gross, horizontal areas of the floor or floors
of a structure, including enclosed parking levels, basements and cellars,
measured between the inside faces of exterior walls or from the center
line of walls common to two structures or uses. For the purposes of
determining required parking, enclosed parking levels and unoccupied
cellars/basements used only for storage will not be considered floor
area.
[Amended 11-22-2011 by Ord. No. 2011-20]
The sum of the gross horizontal areas of the floor or several
floors of a dwelling, measured between the inside face of exterior
walls or from the center line of walls separating two dwelling units,
having a clear ceiling height of seven feet four inches or greater,
but not including any unfinished cellar or basement or any garage
space, breezeway, interior patios, enclosed porches or accessory building
space.
The sum of the area of all floors of buildings or structures
compared to the total area of the site. Exterior balconies, decks
or porches shall not be included in the calculation of floor area
ratio.
[Amended 11-13-2006 by Ord. No. 2006-52]
A detached accessory building or portion of a main building
for the parking or temporary storage of automobiles of the occupants
of the main building to which the garage is accessory.
A garage used as an accessory to the main building, which
provides for the storage of motor vehicles and in which no occupation,
business, or service for profit is carried on.
A garage conducted as a business. The rental of storage space
for more than two motor vehicles not owned by occupants of the premises
shall be deemed a public garage.
A multifamily dwelling unit designed for and occupied by
one household or family and located in a two- or two-and-one-half-story
structure, normally having an exterior entrance for each one or two
units.
The same as "motor vehicle service station."
The same as "business office."
A shape characterized as being either a circle, an ellipse,
a parallelogram or a trapezoid.
The Borough Council of the Borough of Red Bank.
A sign erected and maintained pursuant to and in discharge
of any governmental function or required by any law, ordinance or
governmental regulation.
The existing undisturbed elevation of land, ground, and topography
preexisting or existing on a lot, parcel or tract of land in the Borough
at the time of the adoption of this chapter.
The completed surface of lawns, walks and roads brought to
grade as shown on official plans or designs relating thereto or as
existing if no plans or designs have been approved.
All words, letters, numbers, symbols, colors, shapes, etc.,
which appear on the sign face and are intended to convey a visual
message. Total graphic content coverage of a sign shall be measured
by computing the area of the smallest geometric figure which can encompass
all words, letters, figures, logos and other elements of the sign
message.
The roof or portion of a roof that is covered with vegetation
and a growing medium over a waterproofing membrane. May also include
a root barrier and drainage and irrigation systems. Plants maintained
in pots or other containers shall not be considered green roofs.
[Added 8-21-2019 by Ord.
No. 2019-36]
The same as "floor area."
The same as "floor area, habitable."
Any sign supported by either uprights affixed to the ground
or supported by a base affixed to the ground.
The facility or institution, whether public or private, engaged
principally in providing services for health maintenance organizations,
diagnosis or treatment of human disease, pain, injury, deformity,
or physical condition, including, but not limited to, a general hospital,
special hospital, mental hospital, public health center, diagnostic
center, treatment center, rehabilitation center, extended-care facility,
skilled nursing home, nursing home, intermediate bioanalytical laboratory
(except as specifically excluded hereunder), or central services facility
serving one or more such institutions, but excluding institutions
that provide healing solely by prayer and excluding such bioanalytical
laboratories as are independently owned and operated, and are not
owned, operated, managed, or controlled, in whole or in part, directly
or indirectly, by any one or more health care facilities, and the
predominant source of business of which is not by contract with health
care facilities within the State of New Jersey and which solicit or
accept specimens and operate predominantly in interstate commerce.
The same as "building height" or "structure height."
The vertical distance measured between average grade at a
sign and the highest point of the highest portion of the sign, including
any incidental structural element or support.
A line showing the upper inland wetlands boundary (a biological
"high-water line") on a series of maps prepared by the State of New
Jersey Department of Environmental Protection for the Swimming and
Navesink Rivers in accordance with the provisions of the "Wetlands
Act of 1970," N.J.S.A. 13:9A-1 et seq., said line being established
from photographs, and each of these maps being on file in the office
of the County Clerk, Monmouth County, New Jersey.
Any sign designed to provide information on the architectural
or historical qualities of a structure, building or site.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which have
been formally designated in the Master Plan as being of historical,
archeological, cultural, scenic or architectural significance.
Temporary signs in the nature of decorations, clearly incidental
to and customarily and completely associated with any national, local
or religious holiday; any other provision of this section to the contrary
notwithstanding, such signs may be of any type, number, area, height,
location, illumination or animation.
Any use customarily conducted for profit entirely within
a dwelling and carried on 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, provided that
no article is sold or offered for sale except such as may be produced
by members of the immediate family residing in the dwelling, and provided
further that no machinery or equipment is used which will cause electrical
or other interference with radio and television reception in adjacent
residences or cause offensive noise or vibration. Such activities
as clinics, hospitals, barbershops, beauty parlors, tearooms, tourist
homes, animal hospitals, nursery schools, and music or dancing schools
other than for individual instruction shall not be deemed home occupations
under the terms of this chapter.
A sign containing only the name and occupation of a permitted
home occupation.
An incorporated, nonprofit organization operating under a
recorded land agreement through which:
Each lot owner, condominium owner, stockholder under a cooperative
development, or other owner of property or interests in the project
shall be a member;
Each occupied dwelling unit is subject to a charge for a proportionate
share of the expenses for the organization activities and maintenance,
including any maintenance costs levied against the association or
the municipality; and
Each owner and tenant has a right to use the common property.
The practice of a profession, as defined by this chapter,
conducted entirely within a dwelling which is the bona fide residence
of the principal practitioner.
A building or series of buildings, primarily for treatment
of patients to be housed on the premises, and providing health, medical
and surgical care for sick or injured human beings, including, as
an integral part of the buildings, such related facilities as laboratories,
outpatient departments, clinics, training facilities, central service
facilities and staff offices. The definition of "hospital" shall not
include nursing homes, medical care centers and the like.
A structure containing 25 or more sleeping units devoted
mainly to the housing of transient travelers, having on-site parking
facilities and permitting accessory uses, including but not limited
to:
A street curbed and paved in accordance with the standards
set forth in this chapter for new streets or, alternatively, a street
which has been accepted and maintained by the Borough, Monmouth County
or the State of New Jersey.
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey;
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire, or
enjoy property is or may be affected by any action taken under this
chapter and/or pursuant to the provisions of N.J.S.A. 40:55D or whose
rights to use, acquire, or enjoy property under the provisions of
this state or of the United States have been denied, violated or infringed
by an action or a failure to act under this chapter.
A lot bounded by a street on one side only.
A street or road that is developed wholly within a parcel
under one ownership and meeting all Borough standards.
Any sign lighted by or exposed to artificial lighting by
lights completely or partially contained within the sign structure.
The use of any lot for the storage, keeping or abandonment
of junk, including scrap metals or other scrap material, or for the
dismantling, demolition or abandonment of structures, automobiles
or other vehicles, equipment and machinery, or parts thereof; provided,
however, that this definition shall not be deemed to include any of
the foregoing uses which are accessory and incidental to any agricultural
use permitted in any zone. The term "junkyard," as herein defined,
includes automobile wrecking yards.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water, within the municipality.
Such term also includes improvements and fixtures on, above or below
the surface.
Any activity involving the clearing, grading, transport,
filling of land and any other activity which causes land to be exposed
to the danger of erosion.
The orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant materials, including incidental use of decorative mulches, gravel and similar materials, to produce an aesthetically pleasing appearance and to satisfy ground stabilization requirements, all arranged and implemented in accordance with good practice and the requirements of this chapter, including but not limited to § 490-81 of this chapter.
The fabrication, assembly or processing of goods or materials,
or the storage of bulk goods and materials where such activities or
materials create no hazard from fire or explosion or produce no toxic
or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive
noise or vibration, glare, flashes or objectionable effluent.
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.
Such space must have clear means of ingress and egress to a public
street at all times.
A letter, word, name, symbol or other graphic representation
used as an abbreviation, symbol or identification for business and
commercial purposes on various sign types and structures.
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. A "lot" is land occupied or to be occupied
by a building, structure and permitted accessory uses or by a dwelling
and its accessory uses, together with such open spaces as are specified
and required under the provisions of this chapter, having not less
than the minimum area required by this chapter for lots in the district
in which such a lot is situated and having the required frontage on
a street.
The acreage and/or square footage of a lot contained within
the lot lines of the property. Any portion of a lot included in a
street right-of-way shall not be included in calculating lot area.
Portions of lots encumbered by easements shall be included in calculating
lot area.
Any lot which occupies the interior angle of the intersection
of two streets.
The area of a lot covered by buildings and structures and
accessory buildings or structures and expressed as a percentage of
total lot area. For the purpose of this chapter, parking areas and
automobile access driveways shall not be included in lot coverage
to the extent required by ordinance, except that any new or expanded
paved driveways for one- and two-family dwellings shall count toward
lot coverage. New or expanded driveways for one- and two-family dwellings
utilizing gravel, concrete tire channels or decorative pavers shall
not count towards lot coverage.
[Amended 8-21-2019 by Ord. No. 2019-35]
The shortest distance between the front lot line and a line
drawn parallel to the front lot line through the midpoint of the rear
lot line, provided that, in triangular lots having no rear lot line,
the distance shall be measured to the midpoint of a line parallel
to the front lot line, which shall be not less than 10 feet in length
measured between its intersections with the side lot lines. On corner
lots, one side lot line shall be considered a rear lot line for the
purpose of determining lot depth only.
The horizontal distance of lot lines or portions thereof
of which are coexistent with a street line. In the case of a street
of undefined width, the lot lines shall be measured to parallel the
center line of the street at a distance of 50% of the statutory street
right-of-way width therefrom.
Any line designating the extent or boundary of a lot, which
shall further be defined as follows:
FRONT LOT LINEA lot line or portion thereof which is coincident with a street line and along which lot frontage is measured. (See § 490-32B of this chapter.)
REAR LOT LINEThe lot line most distant and generally opposite and parallel to the front lot line. (See § 490-33C, D and E of this chapter.)
SIDE LOT LINEAny lot line other than a front or rear lot line. (See § 490-33C, D and E of this chapter.)
The distance between the property sidelines, measured at
the front yard setback line. Unless otherwise specified, minimum lot
width shall equal minimum lot frontage.
A business establishment, whether or not offering liquor
to its customers, which includes an area in which patrons may dance,
occupying 5% or more of gross floor area, and live entertainment,
including entertainment by dancers.
[Amended 9-28-2009 by Ord. No. 2009-30]
Any security, which may be accepted by the Borough, for the
maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash. Said guarantee shall
be for a term of not less than two years from the date of acceptance.[7]
Any site plan not classified as a minor site plan or exempt
site development.
Any subdivision not classified as a minor subdivision.
The treatment or processing of raw products and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
Any waterfront facility wherein berthing spaces for any and
all watercraft or boats are provided. A marina shall be deemed to
include, in addition, automobile parking facilities; sanitary facilities;
motor fuel sales; boat sales, repairs, maintenance and service; excluding,
however, facilities for the construction of new boats. For the purpose
of this chapter, a berthing facility for no more than four boats for
a single-family residential property shall be exempt from the parking
requirements of marinas.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth and adopted pursuant to
N.J.S.A. 40:55D-28.
The Mayor of the Borough of Red Bank.
A type of professional office consisting of one or more medical
doctors or doctors of dentistry whose practice involves the diagnosing,
treating or prevention of disease or other damage to the body or mind.
A sign type used solely for the purpose of commemorating a person, event or structure in a public or quasi-public area such as a park, plaza or play field for perpetuity and is governed by the sign regulations in § 490-104 of this chapter.
A sign which does not require the issuance of a development
permit.
A development plan for one or more lots which is/are subject
to development which:
Requires site plan approval; and
Meets the requirements set forth in § 490-62 of this chapter and contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and
Meets the following conditions:
The construction of drainage facilities is not required either
on or off site.
New building construction and/or building additions do not exceed
1,000 square feet of gross floor area.
The proposed development does not increase parking requirements
by more than five spaces, nor entail or propose the construction of
a total of more than 15 parking spaces.
The proposed development conforms to the floodplain management
standards set forth in Ordinance No. 2009-22.[8]
The proposed development conforms to the performance standards set forth in § 490-54 of this chapter.
The proposed development will not require the issuance of a
CAFRA permit.
The proposed development does not involve planned development.
The proposed development does not involve any new street or
the extension of any existing street.
The proposed development does not involve the extension or construction
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42.
Any subdivision resulting in not more than two lots, plus the
remainder of the original lot, all lots fronting on an existing improved
street and not involving any new street or road, provided that the
municipal agency or the Subdivision Committee of the Planning Board
finds that all of the following conditions have been met:
That curbs and sidewalks have been installed or that the developer
agrees to install and post performance guarantees for curbs and sidewalks,
or that curbs and sidewalks are not required due to specific conditions
in the area.
That the subdivision does not require the extension of municipal
facilities at the expense of the municipality.
That the subdivision and construction resulting therefrom will
not adversely affect drainage patterns of the basin in which the lots
are situated.
That the subdivision will not adversely affect the development
of the remainder of the parcel or the adjoining property.
That the subdivision is not in conflict with any provision or
portion of the Master Plan, Official Map or this chapter or that appropriate
variances have been obtained (or must be obtained as a condition of
approval).
That, in the event a drainage fund has been established by the
Borough or Monmouth County, an assessment has been charged to the
lots and has been paid.
That no portion of the lands involved have constituted a part
of a minor subdivision within two years preceding the application.
That the subdivision does not involve a planned development,
any new street or the extension of any existing street or the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42.
The Planning Board may also classify consolidations of lots
and resubdivisions to readjust lot lines as minor subdivisions, regardless
of the number of lots involved.
A hotel where each unit has convenient access to a parking
space or parking spaces for the use of the unit's occupants.
A building or portion of a building or land or portion thereof
which is primarily devoted to the light-duty repair and maintenance
of motor vehicles, including tune-ups, muffler, brake and alignment
repair, and excluding auto body repair, auto wrecking and heavy-duty
engine repair and rebuilding.
A building or portion of a building or land, or portion thereof,
which is not primarily devoted to the retail sale of gasoline or new
or used automobiles or trucks, in which auto body work or the overhauling
or replacement of automobiles, automobile parts or any portion thereof
is conducted as a business for profit.
Any area of land, including structures thereon, which is
used for the retail sale of gasoline or any other motor vehicle fuel
and oil and other lubricating substances, including any sale of motor
vehicle accessories, and which may include facilities for lubricating,
washing or servicing of motor vehicles, except that auto body work
of any nature and the sale of new or used motor vehicles shall be
prohibited.
[Amended 9-25-2019 by Ord. No. 2019-60]
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
The Planning Board or Board of Adjustment or governing body
of the Borough when acting pursuant to N.J.S.A. 40:55D and this chapter.
The Borough of Red Bank.
N.J.S.A. 40:55D (Chapter 291, Laws of N.J., 1975).
A sign giving the name or address, or both, of the owner
or occupant of a building or premises on which it is located.
A business establishment, whether or not offering liquor
to its customers, which includes an area in which patrons may dance
occupying 5% or more of gross floor area. Entertainment by dancers
is not permitted in nightclubs.[9]
[Amended 9-28-2009 by Ord. No. 2009-30]
A lot, the area, dimension or location of which was lawful
prior to adoption, revision or amendment of this chapter[10] but fails to conform to the requirements of the zone district
in which it is located by reasons of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter [11] but which fails to conform to the requirements of the
zone district in which it is located by reasons of such adoption,
revision or amendment.
[Amended 12-5-2012 by Ord. No. 2012-23]
A use or activity which was lawful prior to the adoption,
revision, or amendment of this chapter [12] but which fails to conform to the requirements of the
zone district in which it is located by reason of such adoption, revision
or amendment.
Pollution from any source other than from any discernible,
confined, and discrete conveyance and shall include but not be limited
to pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
A school designed to provide daytime care or instruction
of two or more children from two to six years of age, inclusive, and
operated on a regular basis. For the purpose of this chapter, nursery
schools serving five or less children shall be a permitted accessory
use in residential zones, and nursery schools serving in excess of
25 children shall be considered an educational use.
The specific purpose for which land or a building is used,
designed or maintained.
The same as "certificate of occupancy."
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance by the Borough Council pursuant
to N.J.S.A. 40:55D-32 et seq.
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.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Any sign commonly associated with, and limited to, information
and direction necessary or convenient for persons coming on the property,
including signs marking entrances and exits, parking areas, one-way
drives, rest rooms, pickup and delivery areas and the like.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
A porch or steps with a fixed roof no larger than six feet
wide by four feet deep and with no sidewall other than the wall of
the structure to which it is attached.
Any parcel or area of land 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 the land.
An unoccupied grassed, wooded or landscaped area open to
the sky on the same lot with a principal and/or accessory building.
Improved sidewalks, paved paths, or other pedestrianways within an
unoccupied open space area, which exceed four feet in width, shall
be deducted in determining the unoccupied open space area. Parking
area or traffic channelization islands which are not landscaped or
which have an area of less than 350 square feet shall not be considered
as unoccupied open space. Riparian grants may provide up to 25% of
the unoccupied open space requirement.
[Amended 8-24-2009 by Ord. No. 2009-25]
Any individual, family, group, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in land, the subject of a development proposal.
An open area used for the open storage of motor vehicles
and includes any driveways and access drives.
An open area, other than a street, intended for the same
use as a private garage, is accessory to a residential or nonresidential
building or use and not used by the general public.
An area, other than a street or other public way, used for
the parking of motor vehicles and available to the public, whether
for a fee, free or as an accommodation of clients or customers.
The same as "garage, public."
An off-street space provided for the parking of a motor vehicle
with a minimum area of 162 square feet, exclusive of driveways or
access drives, either within a structure or garage or in the open
or as may be otherwise defined in this chapter.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
An area of land not used for receiving and storing material
where the ground has been surfaced with construction materials such
as brick, stone, cement or lumber, which does not project above grade
level and which is entirely uncovered by a roof or any superstructure.
Any security which may be accepted by the Borough, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.[13]
An earth terminal intended solely for the reception of radio
and/or television signals from a satellite being employed only for
private noncommercial purposes related to a residential use containing
fewer than 10 dwelling units.
A business, building or use in which the skills of one or
more persons are utilized for the benefit of other persons. Examples
of personal services uses include barbershops and beauty shops, exercise
studios, tanning salons, and instruction schools and studios. Personal
services do not normally include substantial retail sales or manufacturing,
repair, storage or distribution of goods, nor are business or professional
offices normally considered personal service uses.
Planned unit development, planned residential development,
residential cluster, planned commercial development or planned industrial
development.
The Borough of Red Bank Planning Board established pursuant
to N.J.S.A. 40:55D-23. The term "Planning Board," as used in this
chapter, also means the Board of Adjustment when it is acting pursuant
to N.J.S.A. 40:55D-76.
The licensed New Jersey professional engineer specifically
retained by the Planning Board or assigned by the Borough Engineer
(with the consent of the Board) to render engineering services and
advice to the Board. In the absence of the specific appointment of
a Planning Board Engineer, the Borough Engineer may assume the duties
of the office.
A map or maps of a subdivision or site plan.
The plat of all or a portion of the development prepared
and submitted to the approving authority for final approval. "Final
plat" shall also include and be synonymous with the term "final site
plan."
The plat prepared and submitted to the approving authority
as a part of the application for preliminary approval. "Preliminary
plat" shall also include and be synonymous with the term "preliminary
site plan."
The plat prepared and submitted to the approving authority for purposes of classification and discussion in accordance with Article VI of this chapter.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state, county or local
election.
A sign that is not permanently affixed to a building, a structure
or the ground.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48 and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating, in a schematic form,
its scopes, scale, relationship to its site and immediate environs
and exterior colors and finishes.
A lot or tract of land or any combination thereof held under
a single ownership or control.
A business which utilizes a majority of its gross floor area
for the purpose of serving patrons food. It may offer alcoholic beverages
as a secondary service. Entertainment by dancers is not permitted
in primary food-service establishments.
[Amended 9-28-2009 by Ord. No. 2009-30]
A business which utilizes a majority of its gross floor area
for the purpose of serving patrons alcoholic beverages and may also
offer food as a secondary service. Entertainment by dancers is not
permitted in primary liquor-service establishments.
[Amended 9-28-2009 by Ord. No. 2009-30]
The primary or principal purpose for which a building, structure
or lot is used.
A temporary sign advertising private sales of personal property
at house sales, yard sales, garage sales, rummage sales and the like
or private, not-for-profit events such as picnics, sporting events,
carnivals, bazaars, game nights, art fairs, craft shows, Christmas
tree sales, and the like.
The office of a member of a recognized profession, which
shall only include the office of doctors or physicians, psychologists,
dentists, optometrists, architects, professional engineers, professional
planners, land surveyors, attorneys, certified professional accountants,
physical therapists, speech therapists, and other New Jersey licensed
therapists, five or fewer insurance agents, and real estate brokers
with five or fewer brokers or sale agents. See also "medical or dental
office."
[Amended 10-27-2008 by Ord. No. 2008-26; 12-19-2012 by Ord. No.
2012-22]
That use which is not specifically allowed or permitted in
a particular zone and for which the granting of a variance under N.J.S.A.
40:55D-70d would be necessary in order to provide that use in that
particular zone.
A sign other than a wall sign, affixed to a structure in
a manner which caused the sign face to project outward, usually, but
not always, perpendicular to the structure.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to the
Borough or municipal agency, Board of Education, state or county agency,
or other public body for recreational or conservational uses.
The majority of the full authorized membership of a municipal
agency.
A sign pertaining to the sale, rental or lease of the premises,
or a portion of the premises, on which the sign is located; excluding,
however, "sold by" signs.
Any sign which is affixed to any exterior wall of any building
where such wall does not front a public street but contains a means
of public pedestrian access into the building.
A four-sided plane figure with four right angles.
A ground or wall sign utilized by a church, synagogue or
other similar place of religious worship to inform the public of the
nature and schedule of planned activities, events or services.
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.
The number of dwelling units which may be or are developed
per acre of land, including areas used for public access and/or open
space.
The number of dwelling units which may be or are developed
per acre of land, exclusive of areas used for public access and/or
open space.
The further division or relocation of lots 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 by other instruments.
A retail business where the majority of the merchandise sold
is food and/or beverages in form ready for consumption, where no alcoholic
beverages are sold or consumed, and there is no table service. Accessory
seating is permitted, but limited to a maximum of 12 seats. Food uses
that do not meet all of the criteria of a retail food establishment
as defined herein shall be considered a primary food service establishment
or primary liquor service establishment.
[Added 9-28-2009 by Ord. No. 2009-30; amended 3-12-2014 by Ord. No. 2014-4]
A structure more than 18 inches high erected between lands
of different elevation to protect structures and/or to prevent the
washing down or erosion of earth from the upper slope level.
A sign that is mounted upon the roof of a building.
The same as "boardinghouse."
The same as "educational use."
Any concentration or grouping of trees or shrubbery as may
be required by this chapter.
The same as "accessory use."
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water or gravity as a product of erosion.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other material.
That portion of any required yard area which is set aside
for the sole purpose of access from the road adjoining the premises
to the loading or unloading area on the premises, to service the building
erected or the use conducted thereon.
The horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
The same as "adult-oriented business."
[Added 12-19-2012 by Ord. No. 2012-21]
If and when established, the Shade Tree Commission of the
Borough.
An integrated development of such uses as retail stores and
shops, personal service establishments, professional and business
offices, banks, post offices, restaurants, and auditoriums, housed
in an enclosed building or buildings, utilizing such common facilities
as customer parking, pedestrian walkways, truck loading and unloading
space, utilities and sanitary facilities and having a minimum total
floor area of 20,000 square feet.
Any writing (including letter, word or numeral), pictorial
presentation (including illustration), decoration (including any material
or color forming an integral part of other sign elements or used to
differentiate such decoration from its background), emblem (including
device, symbol or trademark), flag (including banner, balloon or pennant),
or any other device, figure, logo, or similar character which:
Is located and maintained as a freestanding structure or any
part of a structure or located and maintained on a building or other
structure or device by being placed, installed, attached, affixed,
fastened, pasted, posted, painted, printed, nailed, tacked or in any
other manner thereon or thereto; and
Is used to announce, direct attention to, identify or advertise;
and
Is visible from outside any building or structure; and
Is illuminated or nonilluminated.
That portion of a building fronting a public roadway or public
parking facility extending from the finished grade of the building
to the bottom of the lowest second-floor windowsill or to a height
of 20 feet, whichever is less, and along the entire length of the
building which fronts the public street or public parking facility.
The area made available by a sign structure for the purpose
of displaying a message.
The horizontal distance between a sign, measured from the
nearest portion of the sign, and any front, side or rear lot line.
Any sign that is displayed upon, against or through any material
or color surface or backing that forms an integral part of such display
and differentiates the total display from the background against which
it is placed.
Any word, letter, emblem, insignia, figure or similar character,
or group thereof, that is neither backed by, incorporated in or otherwise
made part of any larger display area.
Any plot, parcel or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices; and
Any other information that may be reasonably required in order
to make an informed determination pursuant to the provisions of this
chapter requiring review and approval of site plans by the Planning
Board adopted pursuant to N.J.S.A. 40:55D.
All unconsolidated mineral and organic material of any origin
that overlies bedrock and which can be readily excavated.
A governmental subdivision of this state, which encompasses
this municipality, organized in accordance with the provisions of
Chapter 24, Title 4, N.J.S.A. 4:24-1 et seq. (Freehold Soil Conservation
District).
A temporary sign advertising coming events, civic or political
activities or other similar functions. A special events sign shall
not exceed the dimensions of 36 inches by 72 inches.
Temporary signs advertising special sales, including plastic
or cloth flags, banners or similar advertising devices, provided they
are hung only on the front facade of the building conducting the sale
promotion.
[Added 12-19-2012 by Ord. No. 2012-21]
[Added 12-19-2012 by Ord. No. 2012-21]
Standards, requirements, rules and regulations:
Adopted by this chapter pursuant to N.J.S.A. 40:55D-65d, regulating
noise levels, glare, earthborne or sonic vibrations, heat, electronic
or atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke, waste discharge, screening of unsightly objects or
conditions and such other similar matters as may be reasonably required
by the Borough; or
Required by applicable federal or state laws or agencies.
A standby generator is a backup electrical system that automatically
supplies power in the event of a utility outage. After utility power
returns, the standby generator transfers the electrical load back
to the utility, shuts itself off, and returns to a standby mode and
awaits the next outage.
[Added 12-5-2012 by Ord. No. 2012-20]
That portion of a building included between the surface of
any floor and the surface of that next floor above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it. No story shall be deemed to be a first story if its
floor level is more than six feet above the level from which the height
of the building is measured. A mezzanine floor shall be counted as
a story if it covers 1/3 of the area of the floor next above it. For
the purpose of this chapter, a bi-level or split-level dwelling shall
be considered a one-story structure.
That portion of a building in which the ceiling area, at
a height of seven feet above the attic floor, is not more than 1/3
of the area of the next floor below.
[Amended 11-22-2011 by Ord. No. 2011-20]
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is approved by official action as provided by N.J.S.A. 40:55D
or 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 the grant to such Board of the power to review plats, and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
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 the
Borough, the street line shall be considered to be the proposed right-of-way
line for the street.
Any activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
The same as "alterations."
Any combination of materials forming any construction, the
use of which requires location on the ground or attachment to something
having location on the ground, and including, among other things,
display stands; fences and walls; gasoline pumps; gates and gateposts;
mobile dwellings; outdoor bins; pergolas; platforms; pools; porches;
reviewing stands; sales stands; signs; stadiums; stagings; standpipes;
tanks of any kind; tents; towers of any kind, including radio and
television towers and antennas; trellises. The word "structure" shall
be construed as though followed by the words "or part thereof." "Structure,"
for purposes of Ordinance No. 2009-22,[14] shall mean a walled and roofed building, a manufactured
home, or a gas or liquid storage tank that is principally above ground.
The same as "building height."
The same as "efficiency apartment."
Any person or entity commencing proceedings under this chapter
to effect the subdivision of land hereunder.
The division of a lot, tract or parcel of land into two 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:
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 acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including, but not limited
to, judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instruments;
and
The conveyance of one 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
on the Tax Map or Atlas of the Borough.
The term "subdivision" shall also include the term "resubdivision."
A Committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter and having such
further duties relating to land subdivision as may be conferred on
this Committee by the Board.
For the purposes of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary
or safety code specifications which are solely necessary to assure
safe living conditions; or any alteration of a structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
A swimming pool other than a private swimming pool.
A swimming pool located on a single-family lot with a residence
on it and used as an accessory to the residence, and the pool is utilized
with no admission charges and not for the purpose of profit.
The same as "swimming pool, commercial."
The same as "dwelling, townhouse."
A typed or printed verbatim record, or reproduction thereof,
of the proceedings of the municipal agency.
The specific purposes for which a parcel of land or a building
or a portion of a building is designed, arranged, intended, occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
A sign giving only the name, business phone number, and new
address of the former occupant.
Permission to depart from the literal requirements of zoning
regulations pursuant to N.J.S.A. 40:55D-40b, 40:55D-60, 40:55D-70c
and 40:55D-70d.[16]
A multilevel structure constructed for use as a facility
for vehicular parking or storage. The levels can be above or below
grade, or both, but shall not exceed the maximum height limitation
for the district in which it is located.
Any sign which is affixed to an exterior wall of any building,
not projecting more than one foot beyond the building wall.
A sign limited to messages of warning, danger, caution, or
no trespassing.
A sign which is part of or affixed or attached to the interior
or exterior of a window or otherwise part of a window and located
within 18 inches of the interior of the window and which can be seen
from a public street or public parking facility.
An open space which lies between a principal building or
building group for the full length of the lot and the nearest lot
line. A yard is to be unoccupied and unobstructed from the ground
upward, except as herein permitted. All yards will be identified as
either a front yard, side yard or rear yard.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
The depth of the front yard shall be measured at right angles to the
front line of the lot.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
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.
An open, unoccupied space between the sideline 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 line, as the case may be. The width of a
side yard shall be measured at right angles to the sideline of the
lot.
The official of the Borough of Red Bank designated to enforce
the provisions of this chapter. The Zoning Officer shall also be the
administrative officer in matters pertaining to issuance of permits
and enforcement.
The same as "development permit."
[1]
Editor's Note: Ordinance No. 2009-22, which pertains to flood
hazard prevention, is on file in the Borough offices.
[2]
Editor's Note: The original definition of "corner lot," which
immediately followed this definition, was repealed 11-22-2011 by Ord.
No. 2011-20.
[3]
Editor's Note: Ordinance No. 2009-22, which pertains to flood
hazard prevention, is on file in the Borough offices.
[4]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[5]
Editor's Note: The original definition of "division," which
immediately followed this definition, was repealed 12-5-2012 by Ord.
No. 2012-23.
[6]
Editor's Note: Amended at time of codification of the Planning
and Development Regulations.
[7]
Editor's Note: Amended at time of codification of the Planning
and Development Regulations.
[8]
Editor's Note: Ordinance No. 2009-22, which pertains to flood
hazard prevention, is on file in the Borough offices.
[9]
Editor's Note: The original definition of "nonconforming building
or structure," which immediately followed this definition, was repealed
12-5-2012 by Ord. No. 2012-23.
[10]
Editor's Note: Ord. No. 686, which established this chapter,
was adopted 4-23-1979.
[11]
Editor's Note: Ord. No. 686, which established this chapter,
was adopted 4-23-1979.
[12]
Editor's Note: Ord. No. 686, which established this chapter,
was adopted 4-23-1979.
[13]
Editor's Note: Amended at time of codification of the Planning
and Development Regulations.
[14]
Editor's Note: Ordinance No. 2009-22, which pertains to flood
hazard prevention, is on file in the Borough offices.
[15]
Editor's Note: "Substantial improvement," as herein defined,
shall also apply for the purposes of Ord. No. 2009-22, which pertains
to flood hazard prevention. Ordinance No. 2009-22 is on file in the
Borough offices.
[16]
Editor's Note: Amended at time of codification of the Planning
and Development Regulations.
