City of Pleasantville, NJ Article III Definitions and Descriptions

§ 300-10 Definitions and word usage.

A. For the purposes of this chapter, and in addition to any terms defined within the body of this document, the following terms shall have the meanings as set forth in this section, except when the context clearly requires otherwise. Terms presented as singular or plural, masculine or feminine, or present or past tense shall be construed within the context in which they occur. In addition to specific definitions, the following general terms shall have the following meanings:

(1) "Abut" shall include the terms "directly across from," "adjacent to," "next to";

(2) "Building" shall include the terms "structure," "dwelling" or "residence";

(3) "Lot" shall include the terms "plot" and "premises";

(4) "May" shall indicate a permissive and discretionary action;

(5) "Occupied" shall include the word "designed" and "intended to be occupied";

(6) "Person" shall include individuals, firms, corporations, associations, trusts and similar entities;

(7) "Shall" shall indicate a mandatory and nondiscretionary action;

(8) "Such as" or "i.e.," is intended to introduce a typical or illustrative item rather than an entirely exclusive or inclusive designation of permitted or prohibited uses, activities, establishments or structures;

(9) "Used" shall include the terms "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used"; and

(10) "Zone" shall include the term "district."

B. Any words or terms not defined herein shall have the meaning as defined in Merriam-Webster's Collegiate Dictionary (latest edition) and at Merriam-Webster's Online Dictionary (http://www.merriam-webster.com).

C. Whenever a term used in this chapter is defined in the Municipal Land Use Law or in the Uniform Construction Code [Note: N.J.A.C. 5:23 ("UCC")], such term is intended to have the meaning as defined in the MLUL or the UBC, unless specified to the contrary in this chapter.

D. Terms describing uses, structures or issues which are similar to but not exactly the same as terms included herein may be interpreted by the City, its officials and its boards, in their sole discretion, within the common parlance context in which the term is employed. For example, "fast-food service establishment," "fast-food establishment" and "fast-food restaurant" may be construed to describe the same use, and "four-plex" and "quad" may be construed to describe the same structural type.

E. In case of any difference of meaning, interpretation or implication between the text of this chapter and any caption, illustration, table or appendix, the text shall control.

ACCESSORY BUILDING (STRUCTURE)

A building or structure, whether permanently anchored to the ground or not, but not to be construed to include small storage boxes which are otherwise portable without the use of additional equipment, which is customarily associated with, subordinate in area, extent and purpose to, incidental to and designed to support or contribute to the comfort, convenience or necessity of the occupants, business or industry of a principal building or structure served. Accessory buildings or structures shall be nonhabitable, have a gross floor area of not more than 500 square feet, and, except as otherwise expressly authorized by the provisions of this chapter, shall be located on the same lot as the principal use, building or structure served. An otherwise accessory building or structure which is attached to a principal building or structure shall be considered part of the principal building or structure.

ACCESSORY USE

A use which is customarily associated with, subordinate in area, extent and purpose to, incidental to and designed to support or contribute to the comfort, convenience or necessity of the occupants, business or industry of a principal building or structure. Except as otherwise expressly authorized by the provisions of this chapter, accessory uses shall be located on the same lot as the principal use served.

ADA

The Americans with Disabilities Act (42 U.S.C. § 12101 et seq.).

ADMINISTRATIVE OFFICE

An establishment primarily engaged in overall management and general supervisory functions, performed in a single location or building for third-party clients or divisions of the same company. Examples include management, personnel, finance and sales.

ADMINISTRATIVE OFFICER

(1) For matters pertaining to the Pleasantville City Council: the Pleasantville City Clerk.

(2) For matters pertaining to applications, minutes, records maintenance or other administrative issues or matters relating to the Pleasantville Planning Board or Zoning Board of Adjustment: the Planning Board or Zoning Board Secretary, as applicable.

(3) For matters pertaining to the official list of adjacent property owners for required notices: the Pleasantville Tax Assessor.

(4) For matters pertaining to the certification of completeness for a land use application, the issuance of a development permit, enforcement of this chapter or actions taken pursuant to complaints regarding the enforcement of this chapter: the Pleasantville Zoning Officer.

ADULT ESTABLISHMENT

A facility devoted to the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality and other obscene subjects, etc., used in connection with the aforementioned activities or purposes, which may be in the form of a live presentation in private or semiprivate viewing areas, or the sale, rental or distribution of books, magazines, pamphlets, photographs, motion pictures, records, video and audio tapes depicting such activities or purposes.

ADVERSE EFFECT

Conditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on properties such as, but not limited to, inadequate drainage facilities, unsuitable street grades, street locations that fail to compose a convenient system, and failure to provide or make future allowances for access to the interior portion of adjoining lots or for other facilities required by this chapter.

ADVERTISING SIGN

See "sign, advertising."

AGE-RESTRICTED HOUSING

(subject to the requirements of any state or federal regulations) A residential community in a single building or group of buildings, designed for three or more individuals over the age of 55 who are not related by blood or marriage to the operator, which shall contain residential dwelling units, open space and social, cultural and recreational facilities. Age-restricted housing may include provisions for food service, housekeeping and maintenance services, health care and social services which may be normal and customary for such facilities. Examples of age-restricted housing are independent or assisted living facilities, congregate senior residences, adult retirement communities and adult intermediate care facilities. Age-restricted housing may include provision of adult day care (Note: Provision of health care, food service and/or recreational, social and cultural activities and other support services on a daily basis.) to qualified nonresidents.

AGRICULTURAL DEVELOPMENT

Land uses normally associated with the production of food and fiber for sale. For the purposes of this chapter, such uses shall not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

ALLEY

A secondary public thoroughfare of less than 30 feet in width serving vehicular and pedestrian traffic and affording access to an abutting property. Regardless of the size (length or width) or extent of paving, if at all, all alleys in the City of Pleasantville shall be considered streets.

ALTERATION

As applied to a building or a structure, a change or rearrangement in the structural members, means of egress or other component of an existing facility, or an enlargement, whether by extension of a side or by increasing in height, or by moving from one location or position to another. Aesthetic changes to the exterior of a building or structure which do not impact the aforementioned shall not be considered an alteration.

AMENDMENT

A means for making changes to this chapter or the Zoning Map.

AMUSEMENT ARCADE

Any building, structure or premises which has for its primary or accessory purpose or function the offering amusement devices for the entertainment of participants.

AMUSEMENT DEVICE

Any coin- or non-coin-operated machine, ride, game of skill or chance, contrivance or device, which upon activation by any means is or may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. Amusement devices shall include, but not be limited to, electronically operated games, skill ball, mechanical games or operations or transactions similar thereto, by whatever name they maybe called. Pool or billiard tables shall not be considered amusement devices.

ANIMATED (MOVING) SIGN

See "sign, animated (moving)."

APARTMENT

A room or suite of rooms used as a single dwelling unit and located in a building in which there are three or more such rooms or suites. With the exception of garden apartments, as defined herein, no apartment in the City of Pleasantville shall be less than 800 square feet net habitable area. See "multifamily dwelling."

APARTMENT BUILDING

A structure in which three or more apartments are located.

APARTMENT, GARDEN (BUILDING)

(1) A multifamily structure designed to resemble (and conform to bulk requirements for) a townhouse as defined in § 300-10, except that, subject to applicable design standards (§ 300-51), multiple garden apartment buildings may be constructed on a single lot, and further except that dwelling units in garden apartments may be placed in a horizontal configuration (i.e., one dwelling unit above the other for a maximum of one first floor unit and one second floor unit).

(2) Individual garden apartment buildings shall contain not less than three and not more than eight pairs of stacked dwelling units. Each dwelling unit shall have its own sleeping, cooking, sanitary and general living facilities wherein not more than one person per household is sheltered or fed for profit.

(3) Each garden apartment dwelling unit shall be a minimum of 1,000 square feet.

(4) Off-street parking for garden apartments shall be to the rear of the buildings and shall be accessible from common driveways.

APARTMENT, VERTICAL

A residential structure of more than three stories containing three or more apartments.

APPEAL

A means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this chapter.

APPLICANT

The landowner, agent, optionee, contract purchaser, developer or other person authorized, in writing, to act for the landowner submitting an application for development or other land use permit under this chapter.

APPLICATION FOR DEVELOPMENT

The forms, fees and all accompanying documentation required by this chapter for a preapplication conference, approval of a subdivision plat, site plan, zoning variance, appeal or direction for issuance of a permit pursuant to N.J.S.A. 40:55D-34, 40:55D-36 or 40:55D-70a, an interpretation or special question pursuant to N.J.S.A. 40:55D-70b, a certificate of nonconformity pursuant to N.J.S.A. 40:55D-68 or a certificate of redevelopment plan conformance pursuant to the applicable redevelopment plan.

APPROVING AUTHORITY

The Pleasantville Planning Board or Zoning Board of Adjustment, as applicable, unless as different agency is designated by this chapter when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq., or by a duly adopted redevelopment plan when acting pursuant to N.J.S.A. 40A:12A-1 et seq.

ARCADE

(1) A continuous area parallel to and open to the street or to an urban open space, which is accessible to the public and:

(a) Shall adjoin a front lot line or urban open space boundary, extend for the full length of such front lot line or urban open space boundary, and at no point be above the level of adjoining public sidewalk or urban open space.

(b) Shall be covered by a permanent canopy or part of a building allowing at least 10 feet of headroom.

(c) Shall have a minimum depth of eight feet and a maximum depth of 20 feet, measured perpendicular to the front lot line or urban open space boundary.

(2) Portions of an arcade that are obstructed by columns, doorways, building services or similar features shall not be calculated as part of the required arcade space, but landscaping or works of art may occupy qualified arcade space, provided that a minimum clear width of seven feet remains for pedestrian circulation along the length of the arcade, and further provided that public access from the street or urban open space is nowhere obstructed for a length of more than 20 feet or for an aggregate length of more than 65% of the arcade's total length. Access openings between obstructions shall not be less than six feet in width.

ARTERIAL (STREET OR ROAD)

See "street, arterial."

ART GALLERY

A building or portion of a building in which sculpture, paintings or other artistic works are displayed, whether or not such works are offered for sale.

ASSISTED LIVING FACILITY

(subject to the requirements of any state or federal regulations) A licensed, multiunit residential facility for three or more otherwise self-sufficient persons over the age of 55 who are not related by blood or marriage to the operator, providing light to moderate personal care and supervision for self-administered medication, and may also provide communal dining, housekeeping services, recreational activities, financial and other social services and transportation.

ATTENTION-GETTING DEVICE

A device designed or intended to attract attention by sudden, intermittent or rhythmic movement, physical change or lighting change, such as pennants, banners, flags, streamers, balloons, propellers, whirligigs, searchlights and flashing lights.

ATTIC

That part of a building which is immediately below and, wholly or partly, within the roof framing.

AUTOMOBILE FUELING AND SERVICE (STATION)

A building, land area or other premises, or portion thereof, used or intended to be used for the activities defined under "automobile fueling station" and "automobile service station."

AUTOMOBILE FUELING (STATION)

A building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sale of gasoline or other automobile fuels, but which does not include the dispensing and/or sale of lubricants (other than motor oil sold and dispensed by the quart), tires, automotive accessories or supplies, the parking or storing of automobiles for hire and which does not engage in the repair or towing of automobiles.

AUTOMOBILE RENTAL (AGENCY)

A place of business, whether conducted in a building or open yard area, or any combination thereof, which is used or intended to be used for the display and/or hourly, daily or weekly rental of new and/or used motor vehicles, motorcycles, trucks or trailers, in operable condition, where no automobile repair (other than warranty and other repair service as an accessory use) is conducted on the premises.

AUTOMOBILE REPAIR

The general repair, rebuilding or reconditioning of engines, motor vehicles or trailers.

AUTOMOBILE SALES (AGENCY)

A place of business, whether conducted in a building or open yard area, or any combination thereof, which is used or intended to be used for the display, sale and/or annualized lease (as opposed to daily or weekly rental) of new and/or used motor vehicles, motorcycles, trucks or trailers, in operable condition, where no automobile repair (other than warranty and other repair service as an accessory use) is conducted on the premises.

AUTOMOBILE SERVICE (STATION)

A building containing service bays, with or without hydraulic lifts, and/or any land area or other premises, or portion thereof, used or intended to be used for the repair of automobiles, including, but not limited to, facilities for changing tires, changing oil, engine repair, lubrication, transmission repair, front-end alignment, installing shock absorbers and like and similar services, provided that autobody repair, painting, wrecking, recycling, parking or storing of automobiles for hire, and the operation of more than one towing vehicle shall not be deemed permissible accessory uses of an automobile service station.

AUTOMOBILE WASH

See "carwash."

AUTOMOBILE WRECKING

The dismantling or disassembling of motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

AWNING (CANOPY, MARQUEE)

A roof-like structure made of canvas or other fabric or fabric-like material, installed over a framework and located above a window, door, patio, deck or other similar construction and extending therefrom as protection from the sun or rain. No awning, canopy or marquee shall be lower than 10 feet above the sidewalk or public thoroughfare. Awnings (canopies, marquees) projecting over a City right-of-way shall require permission from the governing body in the form of a revocable license agreement which shall specify the parties to the agreement; the type of awning (canopy, marquee) or other improvement to be installed; the extent of the projection over the right-of-way; the term of the license, including any revocation terms; insurance and indemnification provisions by the licensee on behalf of the City; any specific conditions of the license; and such consideration as the City shall deem appropriate. Awnings (canopies, marquees) projecting over a county right-of-way may require a license from by the County Planning Board, at such Board's discretion.

AWNING (CANOPY, MARQUEE) SIGN

See "sign, awning (canopy, marquee)."

BALCONY

An elevated platform located at the second floor or above projecting from the wall of a building and enclosed by a railing or balustrade.

BAR

A licensed establishment under the jurisdiction of N.J.S.A. 33:1-1 et seq., wherein alcoholic beverages are served by the drink to the general public and where no food is served.

BASEMENT

That portion of a building partly below and partly above grade and having less than 50% of its clear height below the average finished grade of the adjoining ground. A basement shall be counted as a full story. See "cellar."

BED-AND-BREAKFAST

A private residence which has been adapted or converted to offer a homestyle place of lodging that provides 10 or fewer separate dwelling units as defined by the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.) for transient and individual sleeping accommodations for 25 or fewer persons, is occupied by the owner of the facility as his/her place of residence during all times that the facility is used for the lodging of guests, does not allow any guest to remain for more than 30 successive days or more than 30 days of any period of 60 successive days, does not offer food to the general public, and in which the only meal served to guests is breakfast. Such use must be registered with the New Jersey Department of Community Affairs.

BEDROOM

A room or portion of a structure with the principal function of serving as sleeping quarters.

BERM

A natural or man-made mound of soil on a site used to screen, buffer or otherwise obstruct a view or to vary the grade pattern.

BILLBOARD

An advertising sign exceeding 150 square feet. See "sign, advertising."

BLACK HORSE PIKE

U.S. Route 40/322 (formerly Verona Boulevard).

BLOCK

The length of a street between two street intersections.

BOARD

The Planning Board or the Zoning Board of Adjustment of the City of Pleasantville, as the case may be.

BOARD ENGINEER

The New Jersey licensed professional engineer specifically retained by the Pleasantville Planning Board or Zoning Board of Adjustment, as the case may be, to render engineering services and advise to the respective Board. In the absence of a specific appointment, the City Engineer may assume the duties of this office.

BOARDER

An individual other than a member of a family or group family household, occupying a dwelling unit or any part thereof, who, for consideration, is furnished sleeping accommodations and may be furnished meals or other services.

BOARDINGHOUSE

Any dwelling or part thereof in which, for compensation, two or more persons who are not transients are housed or lodged by prearrangement for definite periods, with or without meals. An occupancy permit issued by the City's Code Enforcement Officer is required for any portion of a dwelling used as a boardinghouse.

BOARD OF ADJUSTMENT

See "Zoning Board (of Adjustment)."

BOARD PLANNER

The New Jersey licensed professional planner specifically retained by the Pleasantville Planning Board or the Zoning Board of Adjustment, as the case may be, to render planning services and advise to the respective Board. In the absence of a specific appointment, the City Planner may assume the duties of this office.

BOARDWALK

An elevated public pedestrian walkway constructed over a public street, typically along a waterfront.

BOAT FUELING AND SERVICE STATION

See "watercraft fueling and service station."

BOAT FUELING STATION

See "watercraft fueling station."

BOAT RENTAL (AGENCY)

See "watercraft rental (agency)."

BOAT SALES AGENCY

See "watercraft sales agency."

BOAT SERVICE STATION

See "watercraft service station."

BUFFER

An area within a property or site generally adjacent to and parallel with the property line, consisting of natural existing vegetation or created by the use of trees, shrubs, fences, berms or hardscaping elements, lying between and separating disparate land uses and designed to provide a continuous visual screen, noise suppression and masking of activity between such uses. Other than fences and traditional hardscaping elements, no buildings, structures, driveways, parking or loading areas or other uses shall be permitted in a buffer unless otherwise provided by this chapter.

BUILDING

Any combination of materials forming a structure or extension, part or addition thereto, whether temporary or permanent, being enclosed via exterior walls and having a roof supported by such elements as columns, posts, piers or walls, and being intended for the shelter, business, housing or enclosure of persons, animals or property of any kind. The presence of internal firewalls within a single structure shall not be construed to create separate buildings within said structure. See "structure."

BUILDING AREA

The total areas of all outside dimensions of a Principal building or structure and all accessory buildings or structures, measured on the horizontal plane at ground level, exclusive of unroofed porches, terraces or steps having vertical faces less than three feet above the level of the average finished grade of the property.

BUILDING CODE

The International Building Code, 2006, as may be amended from time to time.

BUILDING COVERAGE

See "coverage, building."

BUILDING FACADE

See "facade."

BUILDING FRONTAGE

The exterior wall of a building facing the front lot line.

BUILDING HEIGHT

(1) The vertical distance measured from finish grade to the highest point of the roof for flat roofs, to the mean height level of the distance measured between the eaves and the ridge for gable, gambrel and hipped (sloped) roofs and to the deckline for mansard roofs.

(2) Fully screened mechanical rooms or other roof structures for the housing of stairways, tanks, ventilation fans, air-conditioning or similar equipment required to operate and maintain a building, along with their screening elements, telecommunications/satellite dish antennas and related systems, skylights, spires, cupolas, domes, flagpoles, chimneys or similar architectural features may be erected above the heights prescribed by this chapter herein to a maximum of 20% of such heights, provided that the aggregate area covered by all such features does not exceed 20% of the area of the roof of which they are a part, and further provided that the screening is found acceptable by the Planning Board or Zoning Board of Adjustment, as the case may be.

BUILDING LINE

See "setback line."

BUILDING PERMIT

A permit issued by the City's Construction Code Official prior to any alteration or erection of any building or structure, or any part thereof, signifying compliance with the provisions of the International Building Code.

BUILDING, PRINCIPAL

A building or structure in which is conducted the principal or primary use of the site on which such building or structure is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.

BULKHEAD

A structure separating land and water areas, primarily designed to resist earth pressures.

BULK REGULATIONS

The regulations of this chapter pertaining to the permissible or required building height, volume, area, floor area and coverage; lot width, depth, area, coverage and dimensions; density requirements; and yard (setback) and open space requirements applicable to uses and structures.

BULK STORAGE

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.

BULLETIN BOARD SIGN

See "sign, bulletin (reader) board."

BUSINESS OFFICE

An establishment which offers a service, as opposed to a product or merchandise, for sale to the public. Personal service uses, as defined herein, shall not be considered a business office.

BUSINESS SIGN

See "sign, business."

BY- (OF-) RIGHT DEVELOPMENT

Development that is fully consistent with the regulations applicable to the type and location of development as proposed and therefore requires no discretionary approval by the Planning Board or Zoning Board of Adjustment, as the case may be.

CAFRA

See "Coastal Area Facilities Review Act."

CAFRA PERMIT

A permit issued for development within New Jersey's Coastal Zone in accordance with CAFRA.

CALIFORNIA AVENUE

County Road 636 west of Main Street.

CALIPER

See "tree caliper."

CANOPY SIGN

See "sign, awning (canopy, marquee)."

CAPITAL IMPROVEMENT

A governmental acquisition of real property or significant construction project which is (typically) financed through municipal bonds.

CARPORT

A covering or roof to allow the parking of automobiles underneath. With the exception of supports, a carport shall have no sides unless such sides are the exterior wall of an adjacent building. The maximum number of such sides shall be two.

CARRY-OUT RESTAURANT

See "restaurant, drive-in (take-out, carry-out)."

CARTWAY

The area of a vehicular right-of-way roadway within which vehicles are permitted to travel, including travel lanes and parking areas, but excluding shoulders, curbs, sidewalks, swales or other auxiliary areas. Where there are curbs, the cartway is that portion of the right-of-way between the curbs. Where there are no curbs, the cartway is the paved or graded width.

CARWASH

A facility for the washing, cleaning, waxing and/or other similar treatment of automobiles and other motor vehicles, either by hand or by the use of production-line methods, with a conveyor, blower or other mechanical device to move either the automobile or the water source; or a semi-enclosed bay with such space, water source, material and other equipment providing, for a fee, self-service washing and cleaning of automobiles and other motor vehicles.

CELLAR

That portion of a building partly below and partly above grade and having 50% or more of its clear height below the average finished grade of the adjoining ground. A cellar shall be counted as a half-story. See "basement."

CERTIFICATE OF COMPLETENESS

A certificate issued by the Administrative Officer of the Planning Board and Zoning Board of Adjustment, signifying that all required (checklist) submission items have been made in proper form and that an application for development is complete for Board review.

CERTIFICATE OF NONCONFORMITY

A document, issued pursuant to N.J.S.A. 40:55D-68, certifying that a nonconforming use or structure was lawfully in existence on a particular lot or in a particular building at the time of passage of this chapter, or an amendment to this chapter impacting such lot or building, and may therefore be continued upon such lot or in such building so occupied. A certificate of nonconformity may be issued by the Administrative Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming, or at any time to the Board of Adjustment.

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act, and the regulations. See "State Uniform Construction Code Act," P.L.1975, c.217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.

[Amended 9-19-2022 by Ord. No. 14-2022]

CHANGE IN USE

Any change in the use of a building or structure:

(1) From one industrial use to another;

(2) Increasing the number of dwelling units within the structure;

(3) From any nonresidential use to any other use for which any standard set forth in this chapter is greater or more restrictive;

(4) From residential to nonresidential;

(5) From an existing or permitted use to a conditional use; and

(6) From any existing or permitted use to a permitted use which can be classified as a more intense use (i.e., from a lower to a higher number on the following list):

(a) Single-family residential.

(b) Multifamily residential.

(c) Professional office.

(d) Business office.

(e) Personal service.

(f) Retail business.

(g) Other business or commercial.

CHILD

For the purposes of this chapter, a "child" shall mean any person under the age of 13.

CHILD CARE CENTER

Any privately operated home or facility, by whatever name known, which is maintained for the care, development and supervision of six or more children under the age of 13, who are not the children of the operator, and who attend the facility for less than 24 hours a day, which facility requires a license by the New Jersey State Department of Human Services under the Child Care Center Licensing Law (N.J.S.A. 30:5B-1 to 30:5B-15, supplemented by P.L. 1992, c. 95) as per the guidelines set forth in the Manual of Requirements for Child Care Centers (N.J.A.C. 10:122-1.1 et seq.) and any successor regulations thereto.

CHURCH

See "place of worship."

CIRCULATION

Systems, structures and physical improvements for the movement of people, goods, water, air, sewerage 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.

CITY

City of Pleasantville, Atlantic County, New Jersey, a body corporate and politic, and unless otherwise indicated, includes its governing body, elected officials, officers and staff.

CITY CLERK

The City Clerk of the City of Pleasantville, whose office is assigned to maintain the official files of the municipality.

CITY COUNCIL

The municipal governing body of the City of Pleasantville.

CITY ENGINEER

The New Jersey licensed professional engineer appointed by the City Council in accordance with N.J.S.A. 40:87-15 to render engineering services and advice to the City.

CITY PLANNER

The New Jersey licensed professional planner appointed by the City to render planning services and advice to the City.

CLEAR-SIGHT DISTANCE

The unobstructed visual distance measured along a line perpendicular to the midpoint of a windowsill in all directions, vertical and horizontal, forming a cone of vision.

CLINIC

An outpatient facility for the examination, diagnosis and treatment of the sick or infirm by two or more physicians, dentists, psychologists, social workers or similar professionals practicing together and working cooperatively.

CLUB FACILITY (CLUBHOUSE)

The facility of a private organization formed for the primary purpose of fraternal, social, educational or charitable group activities which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.

COAH

The New Jersey Council on Affordable Housing within the New Jersey Department of Community Affairs.

COASTAL AREA

The coastal area designated by the New Jersey Coastal Area Facility Review Act rules and regulations or successor legislation.

COASTAL AREA FACILITIES REVIEW ACT ("CAFRA")

The specific body of environmental regulations administered by the New Jersey Department of Environmental Protection under N.J.S.A. 13:19-1 et seq., with rules and regulations promulgated under N.J.A.C. 7:7E et seq.

COASTAL WETLANDS

The coastal wetlands designated by the New Jersey Wetlands Act (N.J.S.A. 19:9A-1 et seq.).

COASTAL ZONE MANAGEMENT RULES ("CZM")

New Jersey Administrative Code 7:7E et seq. The administrative body of regulations designed to implement the Coastal Area Facilities Review Act, the New Jersey Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.) and the Waterfront Development Law (N.J.S.A. 12:5-3).

COLLECTOR (STREET OR ROAD)

See "street, collector."

COMMERCIAL BUILDING

A building, the principal use of which is a commercial use.

COMMERCIAL CENTER

An integrated development consisting of a combination of commercial uses otherwise individually permitted in the subject zoning district, housed in an enclosed building or buildings on a single lot or collection of contiguous lots forming a single parcel, utilizing such common facilities as customer and employee parking, pedestrian walkways, truck-loading and -unloading space, utilities and sanitary facilities, and having a maximum total floor area less than 50,000 square feet.

COMMERCIAL PARKING FACILITY

See "parking area, public," "garage, public" and "vertical parking garage."

COMMERCIAL (USE)

Occupied with, engaged in or otherwise involving the exchange, purchase and/or sale of commodities involving transportation from place to place. See "retail," "service," "downtown-oriented commercial and service activities," "general commercial and service activities," "neighborhood commercial and service activities" and "regionally oriented commercial and service activities."

COMMON OPEN SPACE

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.

COMMUNITY RESIDENCE

Any of the following. See also "group family household."

(1) COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED

(a) Any community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally deficient persons who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq.

(b) In the case of such a community residence housing mentally deficient persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.

(c) For the purposes of this definition, "developmentally disabled person" means a person who experiences a disability which originates before 18 years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial disability and which is attributable to mental deficiency, cerebral palsy, epilepsy, autism or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services in accordance with N.J.S.A. 30:11B-2.

(2) COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES A community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. For the purposes of this definition, "person with head injury" means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.

(3) COMMUNITY RESIDENCE FOR THE TERMINALLY ILL Any community residential facility operated as a hospice program, providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.

(4) COMMUNITY RESIDENCE (SHELTER) FOR VICTIMS OF DOMESTIC VIOLENCE Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to N.J.S.A. 30:14-1 et seq., providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

COMPLETE APPLICATION

An application for development which complies in all respects with the appropriate (checklist) submission requirements set forth in this chapter.

(1) Such an application shall be complete for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment, as the case may be, when so certified by the Administrative Officer as provided for in this chapter.

(2) The applicant may request that one or more of the submission requirements be waived, in which event the Administrative Officer shall grant or deny the request within 45 days.

(3) Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of 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 Board.

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this chapter.

CONDOMINIUM

(1) A form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit. For the purposes of this chapter, specific characteristics of condominiums shall be as detailed in N.J.S.A. 46:8B-1 et seq.

(2) Condominium ownership may be applied to offices, retail or wholesale space, industrial space and other types of land uses.

(3) Unless otherwise indicated, the structural types of buildings defined herein (i.e., single-family, duplex, townhouse, etc.) do not reflect the form of ownership. Pursuant to N.J.S.A. 40:55D-58, all development regulations pursuant to this chapter shall be construed and applied with reference condominium structures or uses without regard to the form of ownership. Accordingly, such structural type may be held in fee simple, condominium or cooperative ownership.

(4) Condominiums shall be permitted in any zoning district and under the same restrictions as the land uses they host and/or the structural or building types they represent were the common elements appurtenant to each such unit individually owned. Condominium ownership shall not negate lot or other requirements intended to provide adequate light, air, open space and privacy.

CONFERENCE FACILITY

A facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities and meeting rooms. Conference facilities may include a fitness and health center, retail stores and personal service establishments primarily for conference attendees and their guests.

CONGREGATE SENIOR RESIDENCE

A multiunit residence for self-sufficient senior citizens providing communal dining, housekeeping services, recreational activities, financial and other social services and transportation.

CONIFEROUS TREE

See "tree, coniferous."

CONSTRUCTION SIGN

See "sign, construction."

CONVENIENCE STORE

A relatively small food market, generally less than 5,000 square feet, where prepackaged foods, beverages, magazines and newspapers, cigarettes, dairy products and/or similar items are sold for off-site consumption or use, and where prepared foods (e.g., meats, cheeses, salads, etc.) may be sold over the counter in sandwiches or similar packaging. A convenience store does not include seating or areas for consumption of products sold on site.

CONVENTIONAL DEVELOPMENT

Development which complies with the full lot size and other provisions of this chapter. See "by- (of-) right development."

COOPERATIVE

(1) Any system of landownership and possession in which the fee title to the land and structure is owned by a corporation or other legal entity in which the shareholders or other co-owners each also have a long-term proprietary lease or other long-term arrangement of exclusive possession for a specific unit of occupancy space located within the same structure.

(2) Cooperative ownership may be applied to offices, retail or wholesale space, industrial space and other types of land uses.

(3) Unless otherwise indicated, the structural types of buildings defined herein (i.e., single-family, duplex, townhouse, etc.) do not reflect the form ownership. Pursuant to N.J.S.A. 40:55D-58, all development regulations pursuant to this chapter shall be construed and applied with reference cooperative structures or uses without regard to the form of ownership. Accordingly, such structural type may be held in fee simple, condominium or cooperative ownership.

(4) Cooperatives shall be permitted in any zoning district and under the same restrictions as the land uses they host and/or the structural or building types they represent were the common elements appurtenant to each such unit individually owned. Cooperative ownership shall not negate lot or other requirements intended to provide adequate light, air, open space and privacy.

CORNER LOT

See "lot, corner."

COVERAGE, BUILDING

The percentage of a lot occupied by buildings as measured in a horizontal plane around the periphery of the buildings' foundations or, if no foundations are present, where the vertical exterior members of the structure intersect the ground.

COVERAGE, IMPERVIOUS

The percentage of a lot occupied by buildings and other impervious surfaces as measured in a horizontal plane to the limits of the impervious area(s). All parking spaces and lots, paved or unpaved, swimming pools and other bodies of collected water, buildings, roads, driveways and walkways, tennis courts, patios and any other structure, or on-site material or ground condition that does not permit the natural absorption and permeation by soils of water, shall be included in the computation of lot coverage.

COVERAGE, LOT

See "coverage, impervious."

COUNTY

The County of Atlantic, State of New Jersey.

COUNTY MASTER PLAN

A composite of the Comprehensive Plan or Master Plan for the physical development of Atlantic County, with accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Atlantic County Planning Board pursuant to N.J.S.A. 40:27-2 and 4.

COUNTY PLANNING BOARD

The Planning Board of Atlantic County as defined in N.J.S.A. 40:27-6.1.

COURT (COURTYARD)

An unoccupied open space on the same lot as a building, which is bound on two or more sides by the exterior walls of a building or by a combination of exterior walls and lot lines.

COVERAGE

See "coverage, building" or "coverage, lot."

CRAFT (HOBBY) SHOP

A commercial unit used for sale of specialized products and raw materials necessary for the creation of one-of-a-kind artistic or similar items in a home or studio setting. Examples include art supply stores and studios, photography supply stores and studios, knitting and fabric and sewing accessory stores and like and similar uses.

CRITICAL AREA

A sediment-producing, highly erodible or severely eroded area.

CROWN

The branches and foliage of a tree; the upper portion of a tree.

CUL-DE-SAC

See "streets, cul-de-sac."

CUT

See "excavation."

CZM

See "Coastal Zone Management Rules."

DAY

For purposes of computing time limits, the word "day" refers to a calendar day.

DAY CAMP

A licensed, organized and supervised daytime facility used typically, but not exclusively, by children for recreational purposes.

DAY CARE

Daytime care or instruction of three or more children away from their own homes for more than three but less than 16 hours per day by an individual, association, corporation, institution or agency, whether or not for compensation or reward.

(1) DAY-CARE, ADULT Day care for three or more senior citizens or disabled adults.

(2) DAY-CARE CENTER A facility certified by the New Jersey Division of Youth and Family Services which provides day care for children. See also "child-care center" and "family day-care homes."

(3) DAY-CARE CENTER, ADULT A facility certified by the New Jersey Division of Youth and Family Services which provides adult day care.

(4) DAY-CARE HOME See "family day-care home."

(5) DAY-CARE NURSERY A facility certified by the New Jersey Division of Youth and Family Services which provides day-care for three or more children from two to five years of age for up to three hours per day, whether or not for compensation or reward.

DECIDUOUS TREE

See "tree, deciduous."

DECK

An open-sided platform, without roof, which is elevated more than 12 inches above grade and supported by piers, pillars or posts rooted in a permanent concrete foundation, and which may be freestanding or attached to a principal building. Decks shall be fitted with appropriate railings pursuant to applicable building codes.

DECONVERSION

The return of an illegal, nonconforming building to its previously conforming condition.

DEDICATION

The transfer of property from private to public ownership for a public purpose.

DELILAH ROAD

Aka Atlantic County Road 646.

DENSITY

The permitted number of dwelling units per gross area of land to be developed.

(1) DENSITY, GROSS (RESIDENTIAL) The total number of dwelling units which may be or are developed divided by the total number of acres of the proposed development site.

(2) DENSITY, NET (RESIDENTIAL) The total number of dwelling units which may be or are developed divided by the total number of acres of the proposed development site, exclusive of areas used for streets, easements, open space, commercial uses, industrial uses and land to be dedicated to a governmental entity.

DENTAL COMPLEXES

See "medical/dental complex."

DESIGNED SHOPPING CENTER

An integrated development consisting of a combination of commercial uses otherwise individually permitted in the subject zoning district, housed in an enclosed building or buildings, on a single lot or collection of contiguous lots forming a single parcel, utilizing such common facilities as customer and employee parking, pedestrian walkways, truck-loading and -unloading space, utilities and sanitary facilities and having a minimum total floor area of 50,000 square feet

DETENTION BASIN

A man-made or natural depression below ground level designed to collect surface and subsurface water so that it might impede its flow and to gradually release the same at a rate not greater than that prior to the development of the property, into natural or man-made outlets (i.e., storm sewer system or streams).

DEVELOPER

The legal or beneficial owner or owners of a lot or 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.

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; or any mining, excavation or landfill, or the clearing, grading or disturbance of any area for nonagricultural purposes; any use or change in the use of any building or other structure or land; or the extension of use of land for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq., and this chapter.

DEVELOPMENT PERMIT

A document signed by the Zoning Officer which is required by this chapter 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 a variance therefrom duly authorized by the Planning Board under N.J.S.A. 40:55D-60 or Zoning Board under N.J.S.A. 40:55D-70, as the case may be.

DEVELOPMENT REGULATION

Any component of this chapter, the Official Map, any other ordinance or municipal or other regulation for the use and development of land, or any amendment thereto, adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq., or any similar regulation promulgated by any department, division or agency of the federal government, the State of New Jersey or any political subdivision thereof.

DISCRETIONARY APPROVAL

Approval for a development that is not fully consistent with the regulations applicable to the type and location of development as proposed (i.e., not a by-right development as defined herein), and therefore requires discretionary approval by the Planning Board or Zoning Board of Adjustment, as the case may be; typically in the form of variance relief from one or more requirements of this chapter.

Developments which are made subject to discretionary approvals are generally those which are expected to have unusual impacts either on their immediate neighborhood or on the City in general. Such approvals provide special benefits to their developers not generally available to owners of other property in the same zoning district.

DISPLAY SURFACE (FACE)

The area made available by a sign structure for the purpose of displaying the message.

DISTANCE OF SIGN PROJECTION

The distance from the exterior wall surface of a building to the sign element farthest distant from such surface.

DISTRICT

See "zoning district."

DISTRICT BOUNDARY LINE

See "zoning district boundary line."

DOWNTOWN-ORIENTED COMMERCIAL AND SERVICE ACTIVITIES

Uses designed to provide for the workday convenience and post-workday entertainment of the employees and residents of the City's Central Business District. Examples include: grocery/specialty food stores; pharmacies (including drive-through); convenience stores without fuel-dispensing facilities; video rental/sales; non-"big box" general retail/appliance/hardware stores; hair and nail salons/barber and beauty shops; tailor shops; non-"chain"/nonfranchise craft/hobby/art supply shops, sporting goods shops, pet shops and book shops; greeting card/stationery/florist shops; antique/boutique/clothing/jewelry/gift shops; retail dry cleaners (no commercial cleaning on premises); shoe repair; and like and similar activities.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development, and thereby:

(1) Assure the adequacy of existing and proposed culverts and bridges;

(2) Induce water recharge into the ground where practical;

(3) Reduce nonpoint pollution;

(4) Maintain the integrity of stream channels for their biological functions;

(5) Preserve water supply; and

(6) Prevent or alleviate flooding.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation and maintenance of stormwater sewers or drainage ditches, or lands required along a natural stream or watercourse to provide for drainage.

DRIVE-IN RESTAURANT (ESTABLISHMENT)

See "restaurant, drive-in."

DRIVEWAY

A private road connecting a house, building, garage, accessory building or parking area with a public right-of-way.

DRUGSTORE

See "pharmacy."

DUPLEX

See "single-family semidetached dwelling unit."

DWELLING (UNIT)

A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities designed for residential use and occupied by one housekeeping unit, which shall be self-contained and shall not require passage through another dwelling unit or other indirect route(s) to access any portion of the dwelling, nor shall there be shared facilities with another housekeeping unit. Unless otherwise required herein, no dwelling unit in the City of Pleasantville shall contain less than 800 square feet of net habitable area.

DWELLING UNIT CONVERSION

The rebuilding, remodeling, addition to, alteration, extension or enlargement of, or conversion in any manner of an existing building to increase the number of dwelling units contained therein.

DWELLING UNIT, EFFICIENCY

A dwelling unit consisting of not more than one habitable room, together with kitchen or kitchenette, plus one room for sanitary facilities.

EARTHBORNE VIBRATION

A cyclic movement of the earth due to the propagation of mechanical energy.

EASEMENT

A right to use the real property of another created by deed, plat or other legal means for the benefit of private persons or the public, for one or more specific purposes, including, but not limited to, access, drainage, conservation or provision of utility services.

EATING AND DRINKING ESTABLISHMENT

A retail food-service operation for the retail sale of cooked-to-order or ready-to-be-consumed food and beverages. See "restaurant" (all categories), "bar" and "tavern."

EDUCATIONAL USE

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, and duly accredited colleges and universities. Summer day camps shall not be considered as educational uses or accessories to such uses, nor shall a school or college giving special or limited instruction, such as a business, art, music or dancing school.

EDUCATIONAL USE, PROPRIETARY (COMMERCIAL)

The activity or corporation engaged in instruction for personal gain or profit and not as an integral part of an educational use, as defined.

EFFICIENCY (DWELLING UNIT)

See "dwelling unit, efficiency."

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

[Added 3-19-2018 by Ord. No. 2-2018; amended 9-19-2022 by Ord. No. 14-2022]

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE)

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast-charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

[Amended 9-19-2022 by Ord. No. 14-2022]

ELEEMOSYNARY

Of or for charitable or philanthropic purposes.

ELEVATION(S), EXISTING

The elevation(s) of all portions of a site prior to any site preparation work related to a proposed use for which approval under or pursuant to this chapter is required.

ELEVATION(S), FINISH

The proposed elevations of the land surface of a site after completion of all site preparation work related to the proposed use for which approval pursuant to this chapter is required. The actual elevations of the land surface of a site after completion of all such site preparation work.

ENLARGEMENT

An addition to the floor area of an existing building, an increase in the size of any other existing structure or an increase in that portion of a tract of land occupied by an existing use.

ENVIRONMENTAL IMPACT ASSESSMENT ("EIA")

A compilation of studies, reports, documents and findings of fact prepared by an applicant as part of and for a development application. Said EIA shall be consistent with, and shall contain all that information, data and documentation required by, this chapter. An environmental impact statement meeting the requirements of N.J.S.A. 13:19-10, as specifically outlined in N.J.A.C. 7:7E-1.6, promulgated in compliance with CAFRA, may be accepted in lieu of an EIA.

ENVIRONMENTALLY SENSITIVE SITE

Property which has been formally designated in the Master Plan or by NJDEP as being of environmental or scenic significance.

EQUAL DEGREE OF ENCROACHMENT

The delineation of floodplain limits so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream or significant reach.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice and/or gravity.

EROSION AND SEDIMENT CONTROL PLAN

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 Council and administered by the Atlantic County Soil Conservation District in conformance with N.J.S.A. 4:24-1 et seq.

ESSENTIAL SERVICES

Underground utility (Note: gas, electrical, telephone, telegraph, steam or water.) transmission or distribution systems and normal aboveground appurtenances thereto, including, but not limited to, mains, drains, sewers, pipes, conduits, cables, emergency responder 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 for public health, safety and general welfare.

EVERGREEN TREE

See "tree, coniferous."

EXCAVATION

Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.

EXCAVATION WORK

The removal, replacement, repair, construction or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. Public improvements include, but are not limited to, curbs, sidewalks, driveways and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, head walls, railings, guardrails or any other public improvement existing within the public right-of-way. For the purposes of this chapter, work performed outside of the public right-of-way but requiring the storage of materials or the operation of equipment within the public right-of-way in such a manner as may cause damage to any of the aforementioned public improvements shall be deemed excavation work, as shall the construction, addition, installation or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or public way or public grounds by persons other than those exempt from the provisions of this chapter, including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other public improvement or portion thereof.

EXEMPT DEVELOPMENT

Site plan and/or subdivision approval shall not be required prior to the issuance of a development permit for the following:

(1) Construction, additions or alterations related to individual single-family detached and duplex dwelling units or their accessory structures on individual lots.

(2) Development involving no new subdivision or resubdivision of land, and not requiring any variance relief.

(3) Interior alterations which do not increase the required number of off-street parking spaces and which conform to the performance standards of this chapter.

(4) Any change in occupancy which is not a change in use.

(5) Individual applications for accessory mechanical equipment, accessory storage structures and accessory uses not exceeding 1,000 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.

(6) Sign(s), when installation is on a site already occupied by a principal use for which site plan approval is not otherwise required, provided that such sign(s) conform to the applicable design and zoning district regulations of this chapter and further provided that a permit is obtained.

(7) Construction of a parking lot or an addition to an existing parking lot, provided that the new lot or the proposed addition contains three spaces or fewer whose location and design conform to the standards and zoning district requirements of this chapter.

(8) The division and conveyance of property so as to combine existing lots which are not considered to be subdivisions in accordance with the definitions of "subdivision" contained in this chapter.

(9) Any cannabis business that satisfies all requirements of § 300-14.1, and § 300-25F as recommended by the Cannabis Business Site Plan Waiver Committee.

[Added 3-20-2023 by Ord. No. 3-2023]

EXISTING ELEVATION(S)

See "elevation(s), existing."

EXTENDED CARE FACILITY

See "nursing home."

EXTENSION

An increase in the amount of existing floor area used for an existing use within an existing building.

EXTERIOR WALL

See "wall, exterior."

FACADE

The total wall surface, including doors and windows, of the subject face of a building, typically expressed as front, sides and rear or by compass direction. In the case of a corner building which fronts on more than one street, the front facade shall be all facades which abut the adjoining public rights-of-way.

FACADE SIGN

See "sign, building-mounted."

FAMILY

One or more persons related by blood, marriage, adoption or guardianship living together on a permanent basis as a single, nonprofit housekeeping unit, as defined herein, or a collective number of persons living together in one dwelling unit on a permanent basis, whose relationship is of a distinctive domestic character, and cooking as a single group family household, as defined by this chapter.

FAMILY DAY-CARE HOME

Any private residence approved by the Division of Youth and Family Services or an organization with which such Division contracts for family day care pursuant to the Family Day-Care Provider Registration Act (N.J.S.A. 30:5B-16 et seq.) in which child-care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. For the purposes of this definition, a "child" shall mean any person under the age of 13.

(1) A child being cared for who is legally related to the provider shall not be included in the total number of children receiving child-care services, nor shall a child being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.

(2) Pursuant to N.J.S.A. 40:55D-66.4,[1] a family day-care home shall be considered to be a home occupation, as defined herein, for the purposes of permitted uses. Family day-care homes are to be permitted uses in all residential zoning districts.

FARM

Any parcel of land, three acres or larger in size, which is used for gain in the raising of agricultural products, livestock, poultry, dairy products or horticulture.

FARM BUILDING

Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and is necessary to the operation of a farm as defined by this chapter.

FAST-FOOD RESTAURANT

See "restaurant, fast food."

FEMA

The Federal Emergency Management Agency.

FENCE

A structure, typically made of wood, masonry, stone, wire, metal or other manufactured material, or combination of materials, erected as an enclosure, boundary or barrier to a part or whole of a property. Landscaped hedges may serve as a fence if planted for such purpose. A wall may serve as a fence if not functioning as a structural member of a building or structure and if constructed for such purpose.

FENCE, OPEN

A fence in which 66% of the area between grade level and the top cross member is not obstructed.

FILL

The deposit on land, whether submerged or not, of sand, gravel, earth or other materials of any composition whatsoever.

FILLING (EXPRESS FILLING) STATION

See "automobile fueling station."

FINAL APPROVAL

The official action of the Planning Board or Zoning Board of Adjustment, as the case may be, taken on a preliminary approved major subdivision or site plan, after all conditions, engineering plans and other requirements have been satisfied and the required improvements have either been installed or guarantees for such installation have been properly posted. Final approval may be conditioned upon the posting of such guarantees at the discretion of the approving Board.

FINAL PLAT

The final map of all or a portion of a site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provision of this chapter and which, as approved, is to be filed with the proper County Recording Officer.

FINANCIAL INSTITUTION

A facility wherein monies are handles in a fiduciary manner. Examples include banks, check-cashing facilities, credit unions and loan offices.

FINISH ELEVATION(S)

See "elevation(s), finish."

FLASHING SIGN

See "sign, flashing."

FLAG LOT

See "lot, flag."

FLOOR

A story of a building.

FLOOD FRINGE AREA

That portion of the flood hazard area not designated as floodway.

FLOOD HAZARD AREA

The floodway and any additional designated portions of the floodplain.

FLOODPLAIN

The (typically relatively flat) maximum land surface area adjoining the channel of a natural stream or other body of water which has been or may be inundated or covered by floodwater, typically during a high tide or storm event.

FLOODWAY

The channel of a natural stream and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream.

FLOOR AREA

(1) FLOOR AREA, GROSS ("GFA") The sum of the gross horizontal areas of all floors within a building measured between the outside face of the exterior walls, or from the center line of a common wall separating buildings. In the case of residential structures, such area shall be finished in accordance with the requirements of the International Building Code. Basements which satisfy applicable construction code definitions of habitable space are included in the GFA for residential uses. Any cellar, garage, crawl space, unfinished attic or space of any nature, or accessory building, shall not be included.

(a) The gross floor area of an attached residential dwelling unit (i.e., duplex, townhouse, apartment, etc.) shall be measured from the center of the interior walls and the outside or exterior walls.

(b) Any space with a clear ceiling height of four feet or more, but less than the minimum ceiling height prescribed in the International Building Code for the type of building concerned, shall not be included when in excess of 10% of the floor area which complied with such prescribed ceiling heights.

(c) In the case of all multistory buildings, the first floor area shall be considered to be the first level or levels of the structure extending over the full perimeter of the structure and which is above the average finished grade of the adjoining ground, whether or not such level is constructed on a concrete slab or other such floor. In the case of a bi-level multistory building, the first floor area shall be considered to be the first level or levels of the structure over the full perimeter of the structure which are above the average finished grade of the adjoining ground and constructed on other than a concrete slab or other such floor. Any floor area which is located at grade or on such a slab may, however, be included in the calculations of gross floor area, provided that it complies with the other terms of this definition.

(2) FLOOR AREA, HABITABLE ("HFA") The sum of the gross horizontal areas of all floors of a dwelling measured between the inside face of the exterior walls or from the center line of the walls separating two dwelling units, having a clear ceiling height of seven feet four inches or greater, but not including any unfinished attic, cellar or accessory building space, but including the floor area of roofed porches, balconies, terraces and patios. See also "habitable room."

(3) FLOOR AREA, NET HABITABLE ("NHFA") The actual occupied area fully enclosed by the inside surfaces of walls, windows, doors and partitions and including working, living, eating, cooking and sleeping areas, but excluding garages, carports, parking spaces, halls, storage areas, closets, bathrooms, cellars, half-stories and unfinished attics and basements.

(4) FLOOR AREA RATIO ("FAR") The sum of the area of all floors of buildings or structures (gross floor area) divided by the total area of the lot, site or tract.

(5) FLOOR AREA, NET The sum of the gross horizontal areas of all floors of a commercial building which are used for the display of merchandise to and accessible to the general public, including any areas occupied by counters, showcases or display racks and aisles, but excluding entranceways, arcades or other such public areas as well as storage, preparation or other back-of-the-house functions not accessible to the general public.

(6) FLOOR AREA, SALES The sum of the gross horizontal areas of all floors of a commercial building which are used for the display of merchandise to the general public, and including any areas occupied by counters, showcases or display racks and any aisle, entranceways, arcades or other such public areas.

FOOD PRODUCTION USES

A facility for the preparation or manufacture of foodstuffs for on-site retail sale or off-site wholesale supply. Examples include bakeries and confectioneries.

FOOTCANDLE

A unit of illumination; technically, the illumination at all points one foot distant from a uniform point source of one footcandle power.

FRATERNAL ORGANIZATION

A group of people formally organized for a common interest, business or pleasure. Such groups shall be defined to be similar but not limited to organizations as the Masonic Lodge, Knights of Columbus, etc.

FRONTAGE, LOT

See "lot frontage."

FRONT LOT LINE

See "lot line, front."

FRONT YARD

See "yard, front."

FULL-SERVICE RESTAURANT

See "restaurant, full service."

FUNERAL HOME

See "mortuary."

GARAGE

A detached accessory building or structure or an attached portion of a principal building or structure, located on the same lot as the principal building or structure, used for the parking or temporary storage of motor vehicles or for the storage of other, typically household, items, provided that such motor vehicles or stored items belong to the occupants of the principal use for which the garage is intended.

(1) GARAGE, PRIVATE A garage used for the storage of not more than four passenger motor vehicles owned by the occupants of the principal building or structure and excluding the provision for repairing or servicing such vehicles for profit.

(2) GARAGE, PUBLIC A building or structure or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, or in which any such vehicles are kept for hire, but excluding any sale of motor vehicles, fuels or accessories unless otherwise permitted in the zoning district where the public garage is located.

(3) GARAGE, REPAIR A building or structure and associated lands in which the maintenance, servicing or painting of motor vehicles is conducted for profit, and may include facilities for washing, polishing, spraying or other cleaning of motor vehicles.

GAS (GASOLINE FILLING) STATION

See "automobile fueling station."

GENERAL COMMERCIAL AND SERVICE ACTIVITIES

Uses designed to provide for the routine needs of the citizens of Pleasantville. Examples include: pharmacies (including drive-through); convenience stores with fuel-dispensing facilities; non-"big box" general retail/appliance/hardware stores; financial institutions; non-"chain"/nonfranchise craft/hobby shops, sporting goods shops, pet shops, toy stores and book shops and newspaper and magazine stands; antique/boutique/clothing and shoe/jewelry/gift shops; music stores, including those that sell recorded music and musical instruments, and like and similar activities.

GENERAL OFFICE

The office or offices of one or more member(s) of an executive or administrative occupation, and which is used or intended to be used solely for the operation, administration and management of such occupants' business. Examples include advertising agencies, auditing and bookkeeping offices, data processing, detective agencies, employment agencies, general administrative offices and medical laboratories.

GLARE

The projection of light, or reflection of such light, of whatever type or source, beyond the lot lines where such light is produced.

GOLF COURSE

An area of 50 or more contiguous acres not designated as tidal wetlands under N.J.S.A. 13:9A-1 et seq., on which is constructed or otherwise placed at least nine holes of tees, greens, fairways, rough, hazards, etc, together with the necessary and usual accessory uses and structures, such as, but not limited to, clubhouse facilities, dining and refreshment facilities, swimming pools, tennis courts and the like, provided that the operation of such facilities is incidental and subordinated to the operation of the golf course.

GOLF COURSE, MINIATURE

Any area not more than 1/4 acre of land on which is constructed tees, greens and hazards (typically alleys, bridges and tunnels) in a themed or novelty design, intended for family recreation, together with the necessary and usual accessory uses and structures.

GOVERNING BODY

The City Council of the City of Pleasantville.

GOVERNMENTAL AGENCY

As applicable, the government of the United States of America; the State of New Jersey or any other state; their political subdivisions, agencies or instrumentalities; and interstate and regional agencies exercising powers of government.

GOVERNMENTAL SIGN

See "sign, governmental."

GRADE

A reference plane representing the mean finished elevation of the earth along the wall of the building that faces the primary frontage of the lot. To calculate such mean, measurements shall be taken at both ends and at the center of such primary frontage.

(1) GRADE, EXISTING The existing, undisturbed elevation of land, ground and topography preexisting or existing on a lot, parcel or tract of land prior to disturbance for development purposes.

(2) GRADE, FINISHED The completed surface of lawns, walks and roads brought to grade as shown on the official plans and designs relating thereto or as existing if no plans or designs have been approved.

GROUND COVER

Low-growing plants or sod that in time forms a dense mat covering the area in which it is planted, preventing the growth of unwanted plants while holding the soil in place.

GROUND COVERAGE

See "coverage, impervious."

GROUND SIGN

See "sign, ground."

GROSS DENSITY

See "density, gross."

GROUP FAMILY HOUSEHOLD

A group of four or more persons, not related by blood, marriage or adoption, living together in a dwelling unit as a single housekeeping unit under a common housekeeping management based on an intentionally structured relationship of mutual responsibility, providing an organization and stability essentially equivalent to that found in families based on relationships of marriage and blood.

(1) When properly regulated to avoid possible adverse physical effects on residential neighborhoods, stable groups formed on the basis of nontraditional relationships (i.e., relations having many aspects in common with the traditional family relationship but not based exclusively on ties of blood or marriage) can provide a valid alternative lifestyle with recognized cultural and social value for the City. Consistent with N.J.S.A. 40:55D-66.1 et seq., group family households may occupy dwelling units within the City located in any zoning district in which residential uses are permitted.

(2) No group family household shall be established or maintained unless a zoning permit evidencing the compliance of such group family household with this definition and other applicable provisions of this chapter shall have first been issued in accordance with § 300-34.

(3) Any question of whether a particular group constitutes a group family household under this definition shall be determined by the Zoning Officer pursuant to his/her authority to interpret the provisions of this chapter. In making such determination, the Zoning Officer shall consider all available information and, specifically, the following factors (The Zoning Officer shall consider all facts and circumstances, and the presence or absence, in whole or in part, of any particular factor shall not be deemed controlling.):

(a) Whether the group contains within it and is formed around one or more families as defined in this chapter;

(b) The extent to which the group recognizes one or more of its members as the head or heads of the household;

(c) Whether the group includes children, as well as adults, and, if so, the group's mechanism for carrying out the child-rearing function;

(d) The extent to which group membership is based upon express covenants or agreements of unlimited duration, including the past stability of group membership and expectations for stability in the future;

(e) The extent to which a group decisionmaking process controls not only housekeeping arrangements but also personal aspects of the members' lives;

(f) The extent to which the group functions as a single economic unit, with members sharing financial resources and obligations;

(g) The extent and nature of the division of labor within the group regarding such common household activities as food preparation, housecleaning and laundry;

(h) The extent to which household possessions, such as furniture, appliances and automobiles, are commonly owned and shared by all members of the group;

(i) The extent to which all members of the group have free access to all areas of the dwelling unit; and

(j) The extent to which some religious, moral or other common belief forms the basis of the group's association.

(4) See "community residence."

HABITABLE FLOOR AREA

Floor area in a habitable room, which room has a clear floor-to-ceiling height of not less than 7 1/2 feet over an area having no horizontal dimension of less than seven feet; provided however, that no floor area where the ceiling height over such floor area is less than five feet shall be considered "habitable floor area."

HABITABLE ROOM

Any room within a building used for the purposes of sleeping, eating, the preparation of food, offices, the selling of merchandise, public gatherings or assembly. All habitable rooms within a dwelling unit shall have natural light, ventilation and heat. Garages, bathrooms, closets, storage areas, hallways and stairs are not considered, in and of themselves, to be habitable rooms.

HALF-STORY

That portion of a building under a sloped (gable, hip or gambrel) roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such half-story. See "story." A "basement" shall be counted as a story, and a "cellar" shall be counted as a half-story.

HAZARDOUS MATERIALS (SUBSTANCE)

Materials that are considered harmful to the health, safety and welfare of the public. The "environmental hazardous substances" on the Environmental Hazardous Substance List adopted by the New Jersey Department of Environmental Protection pursuant to N.J.S.A. 34:5A-4 consistent, to the maximum extent possible, with and including the list of hazardous substances adopted by the federal Environmental Protection Agency pursuant to Section 311 of the federal Water Pollution Control Act Amendments of 1972, P.L. 92-500, as amended by the Clean Water Act of 1977, P.L. 95-217 (33 U.S.C. § 1251 et seq.); the list of toxic pollutants designated by Congress or the federal Environmental Protection Agency pursuant to Section 307 of that act; and the list of hazardous substances adopted by the federal Environmental Protection Agency pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, P.L. 96-510 (42 U.S.C. § 9601 et seq.). Such materials and substances include, but are not limited to, inorganic mineral acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids such as phenols and cresols and their salts; petroleum products and radioactive materials.

HEALTH-CARE FACILITY

A facility or institution, whether public or private, engaged 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, specialist hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended-care facility, nursing home, skilled nursing home, intermediate care facility, bioanalytical laboratory (except as specifically included herein) or central services facility servicing one or more such institutions, but excluding institutions that provide healing solely by prayer or holistic medicine, 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 predominately in interstate commerce.

HIGH-PERMEABILITY MOIST SOILS

See "wet soils."

HIGH-WATER LINE

A line showing the upper inland wetlands boundary (a biological high-water line) on a series of maps prepared by the New Jersey Department of Environmental Protection for Lake's Bay and Absecon Bay, and their tributaries in accordance with the provisions of the Wetlands Act (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 offices of the City Clerk, County Clerk and the New Jersey Department of Environmental Protection.

HISTORIC DISTRICT

One or more historic sites and intervening or surrounding property which significantly affects, or is significantly affected by, the historic nature, character or quality therein.

HISTORIC SITE (STRUCTURE)

Any real property, man-made structure, natural object or configuration, or any portion or group of the foregoing which has been formally designated in the Master Plan as being of historical, archeological, cultural, scenic or architectural significance.

HOBBY SHOP

See "craft shop."

HOLIDAY DECORATIONS

Temporary ornamentation in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.

HOME OCCUPATION

A business, profession, occupation, trade or other use, customarily conducted for gain, entirely within a dwelling unit or residential building or a structure accessory thereto, which is carried on exclusively by the residents thereof, and which use is clearly incidental and secondary to the use of the building for dwelling purposes.

(1) When properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure. In order to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in residential structures, home occupations, where permitted by this chapter, shall be strictly defined as detailed herein.

(2) Any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit. Any question of whether a particular use is permitted as a home occupation under this definition shall be determined by the Zoning Officer pursuant to his/her authority to interpret the provisions of this chapter.

(3) No home occupation shall be established or maintained unless a zoning permit evidencing the compliance of such home occupation with this definition and other applicable provisions of this chapter shall have first been issued in accordance with § 300-34.

(4) In addition to the use limitations applicable in the zoning district in which it is located, no home occupation shall be permitted unless it complies with the following:

(a) All activities associated with such home occupation shall be conducted entirely within the principal dwelling unit or a permitted private garage accessory thereto. No exterior storage is permitted, and in no event shall such use be apparent from any public right-of-way or adjacent property.

(b) No alteration of any structure shall be made which changes the character and appearance thereof as a dwelling or accessory structure thereto.

(c) No inventory shall be maintained, and no stock-in-trade shall be displayed or sold, on the premises.

(d) Other than telephone, facsimile machines, computers and related equipment which are normal and customary to standard business practices, no mechanical, electrical or other equipment shall be used, and no work shall be conducted as part of a home occupation which causes or produces, by reason of vehicular traffic, equipment use or other cause, any emission, noise, sound or vibration; glare; heat, humidity, fumes, odors, smoke, dust or other particulate matter; electrical or magnetic radiation or interference (e.g., with a neighbor's radio and/or television reception); or other nuisance, noxious, offensive or hazardous situation outside the residential or accessory structure in which the home occupation is conducted.

(e) The use of the property devoted to any aspect of the home occupation shall not encompass more than the lesser of 25% of the net habitable floor area of all structures on the premises or 400 square feet.

(f) The home occupation shall not generate the need for more than two employees (the member of the household residing on the premises plus one nonresident employee) on site at any one time.

(g) The home occupation shall not generate the business or care of more than two clients at any one time and shall be by appointment only.

(h) The home occupation shall not include the breeding, raising, care, boarding or maintenance of animals.

(i) The home occupation shall not necessitate the need to park more than one vehicle at any time in addition to those ordinarily used by the residents of the premises. Said vehicles shall be limited to passenger automobiles and/or other vehicles not exceeding a three-quarter-ton capacity and must be parked off-street. No other vehicles owned or operated in conjunction with the home occupation shall be parked or stored overnight, or repaired, either on or off the premises.

(j) All parking related to the home occupation shall be restricted to the side and rear yard area of the lot on which the home occupation is conducted. All parking areas with three or more spaces shall be screened with a hedge or fence.

(k) The home occupation shall not reduce the parking or yard requirements of the dwelling.

(l) Not more than one unlighted nameplate sign, not exceeding one square foot in area, shall be permitted. Such sign shall be limited to displaying the name, occupation, address if not otherwise displayed on the building and telephone number of the home occupation.

(m) Particular home occupations permitted. Except as provided in Subsection E(4)(n) hereinbelow, customary home occupations include all occupations which meet the purposes, standards and requirements of Subsections E(4)(a) through (l) of this definition and, in particular, include, but are not necessarily limited to, the following list of examples:

[1] Individual instruction to not more than two students at a time, except for occasional groups;

[2] Child care of not more than six nonresident children, as further defined under § 300-10;

[3] Professional offices;

[4] Office facilities for clergy not included in places of worship;

[5] Offices for sales representatives and manufacturer's representatives when no retail or wholesale sales are made or transacted on the premises;

[6] Arts and crafts, photography, literary, musical composition or similar studios; and

[7] Homebound employment of a physically, mentally deficient or emotionally disabled person who is unable to work away from home by reason of such condition.

(n) Particular home occupations prohibited. Permitted home occupations shall not, in any event, be deemed to include:

[1] The manufacture, repair, education of or other workings related to blades or firearms;

[2] Nursing homes or private sanatoria;

[3] Lodging or boarding homes;

[4] Funeral homes, mortuaries and embalming establishments;

[5] Beautician, barber, hair stylist or similar shop;

[6] Restaurants;

[7] Stables, kennels or veterinary hospitals;

[8] The letting of more than one rooming unit;

[9] Clubs, including fraternities and sororities;

[10] Health clinics, hospitals or the general practice of medicine, dentistry or veterinary medicine;

[11] Instruction of more than two students at a time, except for occasional groups;

[12] Day-care centers as defined in § 300-10; and

[13] Retail or wholesale businesses of any kind involving transactions on the premises.

HOME OCCUPATION SIGN

See "sign, home occupation."

HOMEOWNERS' ASSOCIATION

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 interest in the project shall be a member; through which each dwelling unit is subject to a charge for proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the municipality, and through which each owner and tenant has a right to use a common property.

HOSPITAL

A building or series of buildings forming an institution providing medical diagnosis, treatment and care, including surgical care, for persons suffering from physical or mental deficiency, disease, injury and like and similar conditions, and including as an integral part thereof, such related facilities as short-term residential recovery facilities, laboratories, outpatient facilities, clinics, training facilities, central service facilities and staff offices. For the purposes of this chapter, the definition of "hospital" shall not include residential nursing homes, doctor's offices, nonresidential medical-care centers or like and similar uses.

HOTEL

A building or group of buildings which collectively contain, but are not necessarily solely comprised of, six or more rooms or groups of rooms forming multiroom suites, and which are designed, designated and intended to be used, let or hired out for compensation for transient occupancy to the general public by reservation or walk-up without reservation, but in any case without lease, with or without meals, for occupancy in periods of not less than one night and not more than 20 continuous nights. A hotel shall have full-time, on-site resident management which shall not be subject to the occupancy limitation, and shall:

(1) Contain a common public lobby or registration office or area;

(2) Have at least 75% of rooms or suites accessed by principal entrances from an interior hallway common to more than two rooms or suites; and

(3) Provide amenities such as restaurants, retail outlets, conference rooms, recreation facilities and personal service establishments.

HOTEL UNITS

Transient lodging units within a hotel which:

(1) Are accessed solely through a common public lobby area by elevator or other conveyance system.

(2) Contain, at a minimum, one bedroom and one separate bathroom, which shall be internal to the hotel unit.

(3) Contain not less than 350 square feet of net habitable floor area for traditional hotel units, defined as a transient lodging unit consisting of a single sleeping and living room with separate, internal bathroom and 450 square feet of net habitable floor area for hotel suites, defined as a transient lodging unit consisting of a more than one sleeping and/or living room with separate, internal bathroom.

(4) Other than an iron/ironing board, shall contain no laundry facilities.

HOUSEKEEPING UNIT

One or more persons living together in a single dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.

IDENTIFICATION SIGN

See "sign, identification."

ILLUMINATED SIGN

See "sign, illuminated."

IMPERVIOUS COVERAGE

See "coverage, impervious."

IMPERVIOUS SURFACE

Any natural or man-made surface which does not permit infiltration of water and causes surface runoff. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete and asphalt shall be considered impervious surfaces within the meaning of this definition. In addition, other areas determined by the Board Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces. For purposes of building and impervious surface coverage calculations required in this chapter, porous asphalt, concrete and concrete pavers shall be deemed to be impervious surfaces.

IMPROVED STREET

A public right-of-way which is curbed and paved in accordance with the standards set forth in this chapter or, alternately, a public right-of-way which has been improved to the standards specified by the City Engineer upon approval and acceptance by the governing body of the City, the governing body of Atlantic County or the appropriate state agency.

INDEPENDENT LIVING FACILITY

An age-restricted residential development that emphasizes social and recreational activities but may also provide communal dining, personal services, limited health facilities and transportation (Note: aka an "adult retirement community.").

INDUSTRIAL

Relating to fields of economic activity whose intensity exceeds that which is normally intended for the general public, including, but not limited to, forestry, fishing, hunting and trapping, mining, construction, manufacturing, transportation, communication, electric, gas, sanitary services and wholesale trade.

(1) INDUSTRIAL, HEAVY The treatment, fabrication, reshaping, reworking, assembly combining or processing of products from raw materials or the production of articles or finished products from raw or prepared materials by giving them new forms or qualities, wherein such activities or materials create hazard from fire or explosion, or produce toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.

(2) INDUSTRIAL, LIGHT The fabrication, production, reshaping, reworking, repair, assembly, packaging, bottling, combining, compounding or processing of materials or products from previously prepared goods or materials, wherein such activities or materials do not generate hazard from fire or explosion; produce toxic or corrosive fumes, gas or smoke; obnoxious or unpleasant dust, vapor or odors; offensive noise or vibration; glare; flashes, objectionable effluent, pollutants or recognized deleterious substances.

INSTITUTION

A medical, educational, correctional, religious or social service organization founded for the promotion of a specific identified cause and chartered as a public, governmental or eleemosynary entity.

INTERESTED PARTY

In a criminal or quasi-criminal proceeding arising out of this chapter, any citizen of the State of New Jersey. In the case of a civil proceeding arising out of or involving this chapter in any court, or in any administrative proceeding under this chapter, any person, whether residing within or without the City of Pleasantville, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose right to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter.

INTERIOR OR INSIDE LOT

See "lot, interior."

INTERIOR STREET (ROAD)

See "street, interior."

INTERMEDIATE CARE FACILITY

See "nursing home."

INTERNAL STREET (ROAD)

See "street, internal."

JUNK (SALVAGE) YARD

Any area and/or structure, or part thereof, whether inside or outside a building, used or intended to be used for the sale, purchase, trade, collection, storage, keeping, dismantling, demolition, salvage, resale, recycling or abandonment of used or discarded metals, glass, paper, cordage, fabrics, other goods or materials, or any used, waste or disabled fixtures, vehicles, machinery or equipment of any kind. The storage of more than one disabled, inoperable, unregistered or uninsured vehicle on a lot for more than three days shall constitute a junkyard under this definition.

KENNEL

Any building, structure or lot on (in) which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold for profit or gain as a commercial operation.

LAKE

A natural or man-made body of water with a surface area greater than two acres, measured under ten-year storm conditions, which normally contains or retains water for extended periods. The shoreline of a lake is measured at the perimeter of the surface of the water, under ten-year storm conditions, as certified by the applicant's licensed professional land surveyor and approved by the City Surveyor.

LAND

Includes improvements and fixtures thereon, above or below grade.

LAND DISTURBANCE

Any activity involving the clearing, grading, transporting or filling of land and any other activity which causes land to be exposed to the danger of erosion.

LAND MANAGEMENT CODE

This Chapter 300 of the City Code of the City of Pleasantville, along with any exhibits, maps and other and materials related hereto and specified herein.

LANDSCAPE/LANDSCAPING

The orderly, planned installation of shrubs, ground cover, flowering plants (perennials and annuals), trees, rocks, water, sculpture, art, walls, fences, berms, decorative mulches, gravels, pavers and other natural and man-made materials to produce an aesthetically pleasing appearance, satisfy ground stabilization requirements and/or provide a visual buffer or screen, arranged and implemented in accordance with proper design and horticultural practices and the requirements of this chapter.

LANDSCAPE SCREEN

A visual and auditory barrier between adjoining lots or uses, typically composed of evergreen growth. See "buffer."

LAND SURVEYOR

A person who, by reason of special knowledge of the mathematical sciences, the principles of determining and establishing accurate field measurements by means of land surveying procedures, the law pertaining to land and the methods whereby land boundaries are so marked, defined and described that they remain forever fixed, all acquired by professional training and experience, is qualified to practice land surveying as attested by a valid New Jersey license as a professional land surveyor.

LAND USE APPROVAL

Approval for the development of one or more lots issued by any relevant permitting agency, including, but not limited to, the Pleasantville Zoning Officer, Planning Board or Zoning Board of Adjustment.

LAUNDROMAT

An establishment providing washing, drying or dry-cleaning machines, or both, on the premises for rental use to the general public for family laundering or dry-cleaning purposes.

LESS RESTRICTIVE ZONING DISTRICT

See "more/less restrictive zoning district."

L.F.

Linear feet.

LIGHT MANUFACTURING

See "industrial, light."

LOADING SPACE

An unobstructed, hard-surfaced parking space or berth, no part of which is located in any street or public right-of-way, either within a building or group of buildings or in the open and on the same lot with such building or group of buildings, the principal use of which is for the temporary standing (parking) of commercial vehicles while loading or unloading merchandise or materials.

LOCAL REDEVELOPMENT AND HOUSING LAW

The New Jersey Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.).

LOCAL STREET

See "street, minor."

LODGE

See "private club (lodge)."

LODGING HOUSE

See "boardinghouse."

LONG-TERM CARE FACILITY

See "nursing home."

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law, under single ownership and undivided by any street or private road, and occupied, used by or designated to be developed for building(s) or use(s) as permitted by this chapter, together with such open spaces and yards as are designed and arranged or required by this chapter to be used with such building, use or development.

LOT AREA

The total horizontal area of land, typically expressed in acreage and/or square feet, which is determined by the limits of the lot lines bounding such area, and not including any portion of a public right-of-way but including any portion which may be dedicated for a public right-of-way as a condition of land use approval. Portions of lots encumbered by easements shall be included in calculating lot area.

LOT AREA, MINIMUM

The smallest lot on which a particular use or structure may be located in a particular zoning district.

LOT, CORNER

A lot on the junction of and abutting two or more intersecting streets, or a lot bounded on two sides by a curving street where it is possible to draw two intersecting tangents (one each commencing at each of the two points of intersection of the lot lines and street line) which intersect with each other to form an interior angle of less than 135°.

(1) If the interior angle exceeds 135°, the lot shall be deemed an interior lot.

(2) Any portion of a corner lot whose nearest frontage measured along the front lot line is more than 50 feet from the point of intersection of the two street lines or the two tangents shall be subject to the regulations applicable to an interior lot.

(3) For the purposes of calculating lot width, lot depth and required setbacks in accordance with this chapter, the lot frontage(s) of a corner lot shall be those frontages which abut a public right-of-way, with any remaining lot lines being designated side yards and rear yards, respectively. The designation of the primary lot frontage, any secondary lot frontage(s), lot side(s) and lot rear(s) shall be noted on the survey, plot plan or other documentation submitted as part of the application for land use approval.

(4) Side and rear yards designations shall be based on the primary lot frontage of the subject building. Where side yard regulations include both a minimum and total side yard requirement and only one side yard exists (thereby precluding a total side yard calculation), only the minimum side yard requirement shall be applied.

(5) The front yard setback for a secondary front yard on a corner lot may be decreased by not more than 25% of the required front yard setback in the zoning district in which the lot is located, unless a driveway is located in such secondary front yard, wherein a reduced front yard setback shall not be permitted.

(6) See "lot depth" and "yard, side."

LOT COVERAGE

See "coverage, impervious."

LOT DEPTH

The shortest distance between the front lot line and a line drawn perpendicular to the front lot line through the midpoint of the rear lot line, provided that, in irregularly-shaped lots or lots having no readily discernible 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 to a point where such line intersects with the two 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.

LOT, DOUBLE FRONTAGE

A lot having frontage on two nonintersecting streets.

LOT, FLAG

A large lot not meeting minimum frontage requirements, where access to the public right-of-way is by a narrow, private driveway.

LOT FRONTAGE

The horizontal distance between the side lot lines measured along and coexistent with a street line. The minimum lot frontage shall be the same as the minimum lot width, except that where the lot frontage is a curve with an outside radius of less than 500 feet, the minimum lot frontage shall not be less than 75% of the minimum lot width. See "lot frontage, primary" and "lot frontage, secondary" for regulations pertaining to lot frontage for a corner lot.

In the case of an unimproved street or a street of varying or undefined width, lot frontage shall parallel the center line of the street at a distance of 50% of the statutory right-of-way width therefrom. For the purposes of this chapter, only continuous, uninterrupted lot lines shall be accepted as meeting the lot frontage requirement.

	LOT FRONTAGE, PRIMARY — In the case of a corner lot, that lot frontage on which the principal entrance to the building or structure is located.
	LOT FRONTAGE, SECONDARY — In the case of a corner lot, any lot frontage that is not a primary lot frontage.

LOT, INTERIOR

A lot other than a corner lot. See "lot, corner."

LOT LINE

A line bounding a lot which divides one lot from another or from a street or any other public space or a private road.

(1) LOT LINE, FRONT A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated. In the case of a corner lot, each street line separating such lot from a street shall be considered a front lot line.

(2) LOT LINE, REAR The lot line most distant from, and generally opposite and parallel to, the front lot line. See "lot depth."

(3) LOT LINE, SIDE Any lot line other than a Front or Rear lot line.

LOT OF RECORD

A parcel of land that, on the effective date of this chapter, is a lot in a subdivision recorded on the records of the recorder of deeds of Atlantic County or that is described by a metes and bounds description which has been so recorded.

LOT WIDTH

The shortest horizontal distance between the side lot lines, measured at front yard setback line. When the side lot lines are not parallel, the mean width of the lot measured generally parallel to the front lot line. The minimum lot width as required by this chapter shall be maintained for at least 75% of the minimum lot depth, as measured continuously from the front setback line, except for lots which front the bulb of a cul-de-sac, in which case lot width at the front setback line may be reduced to 50% of the required lot width, provided that the mean lot width does not fall below 75% of the required lot width.

MAIN STREET

County Road 585.

MAINTENANCE GUARANTY (SURETY)

Any security, other than cash, which may be accepted by the City for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq., including but not limited to surety bonds and letters of credit as specified in N.J.S.A. 40:55D-53.5.

MAJOR SITE PLAN

See "site plan, major."

MAJOR SUBDIVISION

See "subdivision, major."

MALL

A public promenade or pedestrian way which may be open or enclosed, and, for the purposes of this chapter, includes commercial activity.

MANUFACTURING

See "industrial, heavy."

MARGINAL ACCESS STREET (ROAD)

See "street, marginal access."

MARINA

A small harbor, inlet or boat basin devoted to the purpose of providing docks, berths, slips or tie-ups for boats and other watercraft, along with associated amenities, including, but not limited to, bait and tackle shops, food and beverage outlets (restaurants or snack bars), fueling facilities, sewage pumpout stations, fish cleaning stations and necessary supportive utilities. See "watercraft"-related definitions.

MARINE ACTIVITIES

Any fishing, boating or otherwise water-related use or facility, whether for recreation or commercial purposes. See "watercraft"-related definitions.

MARQUEE SIGN

See "sign, awning (canopy, marquee)."

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the City as set forth in and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28 and including all subsequent amendments thereto and reexaminations thereof. See "2008 Comprehensive Master Plan Update."

MAYOR

The Mayor of the City of Pleasantville.

MEDICAL/DENTAL COMPLEX

An integrated development consisting of a combination of general and/or specialized medical, dental and/or related uses, but in no case medically oriented residential uses, housed in an enclosed building or buildings on a single lot or collection of contiguous lots forming a single parcel, utilizing such common facilities as patient and employee parking, pedestrian walkways and seating areas, utilities and sanitary facilities, and having a minimum total floor area of 3,000 square feet

MEMORIAL SIGN

See "sign, memorial."

MENTALLY DEFICIENT PERSON

A person who is afflicted with a mental deficiency as defined in N.J.S.A. 30:4-25.1, whose reduction of social competence is so marked that persistent social dependency requiring guardianship of the person shall have been demonstrated or be anticipated.

MINOR SITE PLAN

See "site plan, minor."

MINOR SUBDIVISION

See "subdivision, minor."

MINOR, STREET

See "street, minor."

MORE (LESS) RESTRICTIVE ZONING DISTRICT

For the purposes of this chapter, a more restrictive zoning district shall be deemed to be that zoning district which is subject to regulations which prohibit the particular use intended to be made on said lot, or which regulations require higher standards with respect to setbacks, coverage, yards, screening, landscaping, off-street parking, density of population, bulk of buildings and similar requirements. By way of example, residential districts are generally more restrictive than commercial districts, and commercial districts are generally more restrictive than industrial districts. Interpretation of more or less restrictive zoning districts shall be made by the Zoning Officer at time of certification of completeness.

MORTUARY

An establishment operated by a licensed mortician in accordance with N.J.S.A. 45:7-1 et seq.,[2] for the purposes of processing deceased individuals for burial, cremation or like or similar purpose.

MOTEL (MOTOR COURT, MOTOR HOTEL)

A building or group of buildings which contains, but is not necessarily solely comprised of, six or more units which are designed, designated and intended to be used, let or hired out for compensation for transient occupancy to the general public by reservation or walk-up without reservation, but in any case without lease, with or without meals, for occupancy in periods of not less than one night and not more than 20 continuous nights, and wherein more than 25% of the motel units have individual entrances from the exterior of the building within convenient access to a parking space or parking spaces for the use of the unit's occupants. A motel shall have full-time, on-site resident management which shall not be subject to the occupancy limitation, and may provide amenities such as restaurants, conference rooms and recreation facilities.

MOTEL UNITS

Transient lodging units within a motel which:

(1) Contain, at a minimum, one bedroom and one separate bathroom, which shall be internal to the motel unit.

(2) Contain not less than 350 square feet of net habitable floor area for traditional motel units, defined as a transient lodging unit consisting of a single sleeping and living room with separate, internal bathroom and 450 square feet of net habitable floor area for motel suites, defined as a transient lodging unit consisting of a more than one sleeping and/or living room with separate, internal bathroom.

(3) Other than an iron/ironing board, shall contain no laundry facilities.

MOTOR VEHICLE FUELING STATION

See "automobile fueling station."

MOTOR VEHICLE SERVICE STATION

See "automobile service station."

MOVING SIGN

See "sign, animated."

MULCH (MULCHING)

The application to the land surface of plant residue or other suitable organic or inorganic material that is not readily subject to movement by wind or water, in order to conserve moisture, hold soil in place, prevent weed growth, protect plants from extremes of heat and cold and aid in establishing plant cover.

MULTIFAMILY DWELLING (BUILDING, STRUCTURE)

A building containing three or more dwelling units, as defined, designed for residential occupancy by three or more housekeeping units living independently of each other in separate dwelling units, each with its own cooking and sanitary facilities wherein not more than one person per household is sheltered or fed for profit. For the purposes of this chapter, townhouses are not considered multifamily buildings. See "apartments."

MUNICIPAL AGENCY

The Planning Board, Board of Adjustment or City Council of the City of Pleasantville, when acting pursuant to N.J.S.A. 40:55D-1 et seq., and this chapter.

MUNICIPALITY

The City of Pleasantville.

MUNICIPAL LAND USE LAW ("MLUL")

N.J.S.A. 40:55D-1 et seq.

NAMEPLATE SIGN

See "sign, nameplate."

NEIGHBORHOOD COMMERCIAL AND SERVICE ACTIVITIES

Uses designed to provide for the routine needs of the residents living in the vicinity of the subject use. Examples include: grocery/specialty food stores; convenience stores without fuel-dispensing facilities; video rental/sales; non-"big box" general retail/dry goods stores; fabric stores; hair and nail salons/barber and beauty shops; tailor shops; greeting card/stationery/florist shops; retail dry cleaners (no commercial cleaning on premises); shoe repair; and like and similar activities.

NEIGHBORHOOD HEALTH CENTER

A clinic organized as a voluntary, nonprofit enterprise to provide health care services to a broad socio-economic mix of patients within a specific service area.

NEW CONSTRUCTION

Buildings or structures for which the start of construction commences on or after the effective date of this chapter.

NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS ("NJDCA")

The New Jersey Department of Community Affairs and, by extension, the individual divisions and/or offices therein, including the Office of Planning Advocacy and the Urban Enterprise Zone Authority.

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION ("NJDEP")

The New Jersey Department of Environmental Protection and, by extension, the individual divisions within NJDEP responsible for implementation of the Coastal Zone Management Rules, CAFRA and other environmental regulations.

NEW JERSEY DEPARTMENT OF TRANSPORTATION ("NJDOT")

The New Jersey Department of Transportation and, by extension, the individual divisions within NJDOT.

NEW ROAD

U.S. Highway 9.

NOISE

For the purposes of this chapter, any sound, of whatever type or source, emanating from a lot, building, structure or use, whether principal or accessory, which impacts the quiet enjoyment and/or the routine activities of neighboring or nearby lots, buildings, structures or uses.

NONCONFORMING BUILDING (STRUCTURE)

A building or structure, the use, size, dimension or location of which was lawfully existing prior to the effective date of this chapter, or any amendment thereto, but which, after such effective date of or amendment to this chapter, fails to conform to the requirements of the zoning district in which such building or structure is located. Any building containing more than one dwelling unit beyond to the number permitted by the regulations in the zoning district where such building is located shall be deemed to be a nonconforming use rather than a nonconforming building.

NONCONFORMING LOT

A lot, the area, dimension or location of which was lawfully existing prior to the effective date of this chapter, or any amendment thereto, but which, after such effective date of or amendment to this chapter, fails to conform to the requirements of the zoning district in which such lot is located.

NONCONFORMING LOT OF RECORD

A lot of record which does not comply with the lot requirements for any permitted use in the district in which it is located.

NONCONFORMING SIGN

Any sign lawfully existing on the effective date of this chapter, or any amendment to it rendering such sign nonconforming, which does not comply with all of the standards and regulations of this chapter or any amendment hereto.

NONCONFORMING USE

A use or activity which was lawfully existing prior to the effective date of this chapter, or any amendment thereto, but which, after such effective date or amendment, fails to conform to the requirements of the zoning district in which such use or activity is located.

NON-POINT-SOURCE POLLUTION

Pollution from any source other than a discernible, confined and discrete conveyance, including, but not be limited to, pollutants from agricultural, forestry, mining, construction, subsurface disposal and urban runoff.

NUISANCE

An offensive, annoying, unpleasant or obnoxious item or practice; a cause or source of an annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristic of activity or use across a lot line which can be perceived by or affect a human being; the generation of an excessive or concentrated movement of people or items, including, but not limited to, noise; dust; heat; smoke; fumes; odor; glare; flash; vibration; shock wave; heat; electronic impulses, radiation; effluent; or other externality, including by congregation of people, especially at night; traffic; or the transportation of items by truck, rail or other means.

NURSERY SCHOOL

See "day care."

NURSING HOME (FACILITY)

A licensed establishment which provides full-time convalescent or chronic care, or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such an establishment. A hospital shall not be construed to be included in this definition.

O.C.

On center. The spacing between the centers of planted trees, light standards or other vertical elements.

OCCUPANCY

The specific purpose for which a lot or building is designed, used or maintained.

OCCUPANCY PERMIT

A permit issued by the Code Enforcement Officer or designee certifying that a dwelling unit or apartment is fit for human habitation and that such dwelling unit or apartment is in compliance with all other ordinances of the City of Pleasantville. A dwelling unit shall be deemed to be unfit for human habitation where conditions exist therein which are dangerous to the health or safety of the units occupants or of the residents of the City. Such conditions may include, but need not be limited to, defects increasing the hazard of fire, accidents or other casualty; lack of adequate ventilation, light or sanitary facilities; dilapidation, disrepair or structural defects; or uncleanliness.

ODOROUS MATTER

Any material that produces a positive or negative olfactory response in a human being.

OF- (BY-) RIGHT DEVELOPMENT

See "by- (of-) right development."

OFFICE OF PLANNING ADVOCACY

The New Jersey Office of Planning Advocacy (successor to the Office of Smart Growth and the Office of State Planning) within the New Jersey Department of Community Affairs.

OFFICE OF SMART GROWTH ("OSG")

See "Office of Planning Advocacy."

OFFICIAL COUNTY MAP

The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Atlantic County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP

A map adopted by ordinance by the governing body pursuant to N.J.S.A. 40:55D-32 et seq., which shall be deemed conclusive with respect to the location and width of streets and public drainage ways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.

OFF SITE

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

OFF-SITE (COMMERCIAL) ADVERTISING SIGN

See "sign, advertising."

OFF TRACT

Not located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way or drainage or utility easement.

OLD TURNPIKE

County Road 697 east of Franklin Boulevard.

ON SITE

Located on the lot in question.

ON-SITE INFORMATIONAL SIGN

See "sign, on-site informational."

ON TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way or drainage or utility easement.

OPEN DECK

See "deck."

OPEN PORCH

See "porch, open."

OPEN SPACE

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, and improved only by buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

(1) OPEN SPACE, COMMON Open space held in private ownership and regularly available for use by the occupants of more than one dwelling.

(2) OPEN SPACE, PERIMETER LANDSCAPED A landscaped open space intended to enhance the appearance of parking lots and other outdoor auto-related uses or to screen incompatible uses along zoning district boundary lines by means of appropriate landscaping or screening. Except as expressly provided in this chapter, such open space shall extend along the entire length of the lot line in question and shall have a width equal to 15 feet or the depth or width of the yard required along the lot line in question, whichever is greater. Perimeter landscaped open space shall be broken only by required accessways, shall be suitably surfaced with grass, ground cover or decorative paving material or any combination thereof, and shall contain landscaping such as ornamental trees and shrubs or appropriate screening devices such as decorative walls, fences or berms, or any combination thereof, sufficient to create a permanent screen not less than eight feet in height, wherein not more than 30% of such screen shall consist of walls or fences. The space shall be so designed and maintained as to preserve unobstructed vision of the street and sidewalk at points of access. Where a perimeter landscaped open space is required, a landscaping plan shall be submitted to the Zoning Officer for review.

(3) OPEN SPACE, PRIVATE Open space held in private ownership, the use of which is normally limited to the occupants of one dwelling.

(4) OPEN SPACE, PUBLIC Open space conveyed or otherwise dedicated to a municipality, municipal agency, board of education, federal, state or county agency or other public body for recreation or conservation purposes.

(5) OPEN SPACE, UNOCCUPIED An unoccupied area, including natural and man-made watercourses, streams, lakes, ponds and grassed, wooded or landscaped area, open to the sky on the same lot with a principal and/or accessory building and other site features. Improved sidewalks, paved paths or other pedestrian ways within an unoccupied open space area which exceed four feet in width shall be deducted in determining the unoccupied open space area.

(6) OPEN SPACE, URBAN A landscaped public open area which:

(a) Is accessible to the public at all times;

(b) Extends along a street line for a length of at least 30 feet and is directly accessible from the public sidewalk for a length of at least 30 feet;

(c) Has a depth of not less than 30 feet;

(d) Is not more than three feet above or below t.o.c.; and

(e) Is landscaped with trees, shrubs or other plant materials and may include tables and chairs for alfresco dining, sculpture, fountains or similar features, provided that the surface area occupied by such planting or features does not exceed 66% of the area of the urban open space and that the balance of the urban open space is suitable for walking, sitting and similar pursuits.

(7) OPEN SPACE, USABLE Open space which is open and unobstructed from its lowest level to the sky, except for roof overhangs not in excess of five feet, and which is accessible to and usable by residents residing on the lot. Usable open space may include areas at the ground level and on roofs, terraces, decks and balconies, provided:

(a) The minimum dimensions for usable open space at the ground level is 10 feet with a minimum area of 100 square feet;

(b) The minimum dimensions for usable open space located on roofs or decks is 20 feet with a minimum area of 400 square feet;

(c) The minimum dimensions for usable open space for a balcony is five feet with a minimum area of 50 square feet

OWNER

An individual, family, group, firm, association, syndicate, partnership or corporation having proprietary interest in land which is the subject of a development proposal.

PARKING AREA (LOT)

A paved open area, other than a street or other public way, used for the open storage of motor vehicles, and including any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting and signage.

(1) PARKING AREA (LOT), ACCESSORY A parking area or lot which is on the same lot as another use and for which it provides parking.

(2) PARKING AREA (LOT), FREESTANDING A parking area or lot which is not accessory to a particular use but which is itself the primary use.

(3) PARKING AREA (LOT), PRIVATE A paved open area, other than a street or other public way, used for the open storage of privately owned motor vehicles and not for public use, and including any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting and signage.

(4) PARKING AREA (LOT), PUBLIC A paved open 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, and including any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting and signage.

(5) PARKING AREA (LOT), COMMERCIAL A paved open area, other than a street or other public way, used for the parking of motor vehicles in return for a fee and which is not directly operated by and on behalf of a use permitted in the zone in which located, and including any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting and signage.

PARKING FACILITY, PUBLIC

A building, structure, garage, outdoor space, plot, place, lot, parcel, yard or enclosure, or any portion thereof, where motor vehicles may be parked, stored, housed or kept, for which any charge is made, and which is open to the general public.

PARKING GARAGE

See "garage, public."

PARKING SPACE

An off-street space provided for the parking of a motor vehicle, exclusive of driveways, access drives, fire lanes and public rights-of-way, which is located either at grade or within a structure designed for such purpose. Private driveways for dwelling units shall be considered off-street parking spaces, provided that no portion of the parking space shall extend into the public right-of-way.

PARTY IMMEDIATELY CONCERNED

For purposes of public 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.

PATIO

An open-sided area or platform, without roof, which is at grade or elevated less than 12 inches above grade, and which is surfaced with hardscape material such as brick, stone, pavers, cement or lumber, and which is typically used for recreation purposes.

PEEP SHOW

See "adult establishment."

PERFORMANCE GUARANTY

Any security, other than cash, which may be accepted by the City in accordance with the requirements of this chapter, including, but not limited to, surety bonds and letters of credit as specified in N.J.S.A. 40:55D-53.5.

PERIMETER SETBACK

See "setback, perimeter."

PERMITTED USE

Any use of land or buildings as permitted by this chapter. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

PERSONAL SERVICE ESTABLISHMENT

A facility in which an individual utilizes his/her skills and/or talents for the provision of services involving the care of a person or his/her personal goods or apparel. Examples include hair and nail salons, barber and beauty shops, tailor shops, shoe repair, and like and similar activities.

PHARMACY

A retail establishment wherein prescription and nonprescription medications and related items are prepared and dispensed by a licensed professional, and which may include the sale of prepackaged foods, cosmetics, books and magazines, sundries and miscellaneous articles and dry goods.

PLACE OF WORSHIP

A building or group of buildings used by congregations for public worship, including cathedrals, chapels, churches, meetinghouses, mosques, synagogues, temples and similarly used buildings, as well as accessory uses such as religious education, social halls, parish houses, rectories and like and similar uses.

PLANNING AND REDEVELOPMENT ADVISORY COMMITTEE

A committee consisting of the Planning Board Chair (or Class IV designee selected by the Planning Board Chair), the City Administrator (or designee), the City Planner (or designee), the Zoning Officer and the member of the governing body who is the (Class III) member of the Planning Board, with additional technical assistance provided by the City Solicitor, City Engineer or other City staff or professionals as may be determined on a case-by-case basis.

(1) The Planning and Redevelopment Advisory Committee shall function in an informal manner, and as such shall establish its own rules and procedures as necessity dictates. Accordingly, and regardless of the capacity in which such Committee shall function, all Committee meetings shall be nonbinding work sessions and not public hearings as defined in the Open Public Meetings Act (N.J.S.A. 10:4-6) and thereby subject to public notice.

(2) The Planning and Redevelopment Advisory Committee shall be chaired by the City Administrator or his designee, and shall function as an ex-officio administrative arm of the City, with duties including, but need not be limited to:

(a) Review and recommendation to City policymakers regarding land use and development-related issues.

(b) Informal review of project concepts and description of project elements proposed by prospective developers prior to making formal application to the Planning Board or Zoning Board of Adjustment, as the case may be, in order to provide insight with respect to the concepts and to offer nonbinding suggestions and recommendations for the improvement of the concepts.

(c) Administrative review of items as specifically authorized by a redevelopment plan adopted by the City pursuant to the New Jersey Local Redevelopment and Housing Law.[3]

(d) Any other appropriate issue as assigned by the City.

PLANNING BOARD

The Planning Board of the City of Pleasantville, established pursuant to N.J.S.A. 40:55D-23 and § 300-11 herein.

PLANNING BOARD ENGINEER

See "Board Engineer."

PLANNING BOARD PLANNER

See "Board Planner."

PLAT

One or more maps of a subdivision or a site plan which show the location, boundaries and ownerships of individual properties.

(1) PLAT, FINAL The map or maps of all or a portion of the development prepared and submitted to the Planning Board or Zoning Board of Adjustment, as the case may be, for final site plan or subdivision approval. Final plat shall also include and be synonymous with the term "final site plan."

(2) PLAT, PRELIMINARY The map or maps of all or a portion of the development prepared and submitted to the Planning Board or Zoning Board of Adjustment, as the case may be, for preliminary site plan or subdivision approval. Preliminary plat shall also include and be synonymous with the term "preliminary site plan."

PLEASANTVILLE

See "City."

PLEASANTVILLE HOUSING AUTHORITY ("PHA")

The Housing Authority of the City of Pleasantville, an independent agency of the City charged with administering federally sponsored [Note: Under the auspices of the United States Department of Housing and Urban Development ("HUD").] low-income housing programs on behalf of the City.

PLEASANTVILLE URBAN ENTERPRISE ZONE ("PUEZ")

The office of the Urban Enterprise Zone for the City of Pleasantville, operating under the New Jersey Urban Enterprise Zones Act (N.J.S.A. 52:27H-60 et seq.) and unless otherwise indicated, includes its appointed Board of Trustees, officers and staff.

PLOT

See "lot."

POLE SIGN

See "sign, pole."

POLITICAL SIGN

See "sign, political."

POND

A natural or man-made body of water with a surface area, measured under ten-year storm conditions, of two acres or less, which normally contains or retains water for extended periods. The shoreline of a pond is measured at the perimeter of the surface of the water, under ten-year storm conditions, as certified by the applicant's licensed professional land surveyor and approved by the City Surveyor.

PORCH

An open-sided, roofed platform, which is elevated more than 12 inches above grade and supported by piers, pillars or posts rooted in a permanent concrete foundation, and which projects from the exterior wall of a principal building, has direct access from that principal building, and has at least three of its perimeter sides unobstructed in any manner between floor and ceiling except for roof-support elements and insect screening. Porches shall be fitted with appropriate railings pursuant to applicable building codes.

PORCH, OPEN

A porch having not less than 70% of the total area of the vertical planes forming its perimeter unobstructed in any manner between floor and ceiling except by insect screening.

PORTABLE SIGN

See "sign, portable."

PORTICO (PORTE-COCHERE)

An open-sided roofed structure projected from the exterior wall of a principal building, with direct access from that building, and sheltering an entrance to that building. A portico may also be considered as a roofed area forming a porch. The roof of a portico shall be supported by piers, pillars or posts rooted in a permanent concrete foundation. In no case shall a portico be construed as a carport (i.e., open-sided garage) for the parking of motor vehicles or other outdoor storage.

PRELIMINARY APPROVAL

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 applicant and the Planning Board or Zoning Board of Adjustment, as the case may be.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

See "project concepts and description of project elements."

PREMISES

A lot, plot or parcel of land, or multiple lots, plots or parcels, forming a tract of land, together with the buildings and structures thereon, held under a single ownership or control. See "lot."

PRIMARY BUILDING (STRUCTURE)

See "principal building or structure."

PRIMARY USE

See "principal use."

PRINCIPAL BUILDING (STRUCTURE)

A building or structure in which is conducted the main or primary use of the lot on which said building is situated. No lot shall have erected upon it more than one principal building or structure unless otherwise specified in this chapter.

PRINCIPAL USE

The primary purpose for which a building, structure or lot is used. No lot shall be used for more than one principal use unless otherwise specified in this chapter.

PRIVATE CLUB (LODGE)

A building and related facilities owned or operated by a corporation, association or group of persons for social, educational or recreational purposes for members regularly paying dues, but not primarily for profit or to render a service which is customarily carried on as a business.

PRIVATE SALE (EVENT) SIGN

See "sign, private sale (event)."

PROFESSIONAL OFFICE

The office or offices of one or more member(s) of a recognized, licensed profession, and which is used or intended to be used solely for the administrative function of such occupants' business and/or profession. Examples include offices for accountants, architects, attorneys, clergy, engineers, financial or investment counselors, funeral parlors, insurance brokers, medical and dental practitioners, planners, real estate brokers, stock, commodity or investment brokers, veterinarians and like and similar professional occupations.

PROFESSIONAL OFFICE BUILDING

A building in which is located one or more professional offices.

PROHIBITED USE

A 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. Uses not expressly permitted by this chapter shall be prohibited.

PROJECT CONCEPTS AND DESCRIPTION OF PROJECT ELEMENTS

Architectural drawings and associated narrative, graphic and budgetary information prepared during early and introductory stages of the design of a project, illustrating, in a schematic form, the project scope, scale, relationship to its site and immediate environs and exterior colors and finishes.

PROJECTING SIGN

See "sign, projecting."

PROPERTY LINE

See "lot line."

PROPOSED ELEVATION

See "elevation, finish."

PUBLIC AREAS

Areas dedicated to any governmental agency for use as public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL

A master plan, redevelopment plan, capital improvement program or other proposal for land development adopted by the appropriate public body or governmental agency, or any amendment thereto.

PUBLIC DRAINAGEWAY

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 habitat and drainage function of the channel in order to provide for the flow of water to safeguard the public against flood damage, sedimentation and erosion, 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.

PUBLIC IMPROVEMENT

Any improvement, facility or service, together with its associated public site or right-of-way, necessary to provide transportation, drainage, utility, energy or similar essential services, including but not limited to streets, drives, sidewalks, walkways and other vehicular and pedestrian circulation systems, together with customary improvements and appurtenances such as signaling, signage, curbs and gutters, shade trees and landscaped buffers or parkways and street furniture; facilities incidental to a public transportation system such as loading zones, turnarounds, passenger waiting areas protected from inclement weather and pedestrian linkages between loading areas and activity areas; storm sewers and appurtenances, drainageways, culverts, flood control basins and devices, retention and detention basins or areas to control storm runoff, erosion and sediment control structures and devices and other drainage structures, devices and facilities; water supply and distribution facilities and appurtenances both for domestic use and for fire protection; sanitary sewage disposal and treatment facilities and appurtenances; public utility facilities and appurtenances for gas, electric and telephone service; and facilities and appurtenances for the production, conversion, distribution and storage of energy necessary for essential residential, commercial and industrial uses permitted by this chapter.

PUBLIC OPEN SPACE

See "open space, public."

PUBLIC PARKING FACILITY

See "parking facility, public."

PUBLIC PURPOSE USE

The use of land or buildings by the City, a City agency, Board of Education, federal, state or county agency or other public body.

PUBLIC RIGHT-OF-WAY

A right-of-way or easement for a street transportation corridor, utility corridor, waterway or drainageway owned or to be owned by a government agency.

PUBLIC SITE

An area devoted to or planned for use as a public park, public school, federal, state, county or City building or facility or other public use or facility.

PUBLIC UTILITY (CENTRAL) SUBSTATIONS

An assembly of equipment in a delivery system which is owned and operated by a recognized public utility, for the purpose of transmission, distribution, interconnection, transformation, conversion, switching, control or monitoring of the utility product (typically electricity, water, sanitary sewerage, telecommunications and natural gas) for the benefit of the public. For the purposes of this definition, sewerage pump stations shall be considered a public utility (central) substation. Such facilities shall be fully secured by a surrounding fence or an enclosing structure, provided that any such structure shall be designed to conform and harmoniously blend with the architecture of neighboring or nearby buildings. No permanent storage of material or equipment not necessary for the function of the substation shall be permitted within the subject building or on the subject lot.

PUBLIC UTILITY CABINETS

A minor assembly of equipment, typically in one or more self-contained installations no greater than five feet in width by five feet in diameter by six feet in height, in a delivery system which is owned and operated by a recognized public utility, for the purpose of transmission, distribution, interconnection, transformation, conversion, switching, control or monitoring of the utility product (typically electricity and telecommunications) for the benefit of the public.

QUORUM

The majority of the full authorized membership of a municipal agency.

RADIOACTIVE USE

Any natural or artificially produced substance or combination of substances which emits radiation spontaneously.

REACH

A hydraulic engineering term describing longitudinal segments of a stream or river, generally including the segment of the flood hazard area where flood heights are influenced by a man-made or natural obstruction, or the segment of a stream or river between two consecutive bridge crossings.

REAL ESTATE SIGN

See "sign, real estate."

REAR LOT LINE

See "lot line, rear."

REAR YARD

See "yard, rear."

RECHARGE

The replenishment of underground water reserves.

RECHARGE BASIN

A detention basin designed not only to relocate water gradually into a natural or man-made outlet but also to permit water to percolate into the ground consistent with subsurface strata.

RECREATION AREA

A facility and/or open space area set aside, designed, improved, equipped and/or used for recreation purposes, which may include but shall not be limited to play fields, playgrounds, swimming pools, tennis and other court games, tot-lots, parks, picnic areas, nature preserves and boating and fishing areas and facilities.

RECREATIONAL VEHICLE ("RV")

A portable vehicular-type structure constructed on a chassis and without permanent foundation, which can be towed, hauled, driven or otherwise transported from place to place, whether by motor power or other means, and is primarily designed as temporary living accommodations for recreation, camping and travel use, and which contains cooking, sleeping and sanitary facilities. Examples include, but are not limited to, campers, house trailers, travel trailers, truck campers, camping trailers and self-propelled motor homes.

RECREATIONAL VEHICLE (TRAILER COACH, RV) PARK

Any plot of ground upon which two or more recreational vehicles, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.

RECYCLING AREA

Space allocated for collection and storage of source-separated recyclable materials.

REGIONALLY ORIENTED COMMERCIAL AND SERVICE ACTIVITIES

Uses designed to provide for the needs of the citizens of eastern Atlantic County. Examples include: supermarkets; pharmacies (including drive-through); convenience stores, including those with fuel-dispensing facilities; package liquor stores; furniture stores; "big-box" retail/appliance or home improvement stores; department stores; "chain"/franchise craft/hobby stores, sporting goods stores, pet stores, toy stores and bookstores; medical appliance or supply stores; photocopy, printing or reproduction shops; mail packaging services, general appliance repair; upholstery/furniture repair; financial institutions; professional, administrative or consulting service offices; and like and similar activities.

RESIDENTIAL DENSITY, NET

See "density, net (residential)."

RESOURCE PROTECTION AREA

A natural area or feature containing natural resources protected by this chapter wherein improvement and/or alteration may be restricted or prohibited or conservation required. Resource protection areas may include wooded areas, floodplains, natural drainage areas, watercourses, ponds, lakes, stream corridors, riparian lands, wetlands, marshland, wildlife habitats, archaeological sites and steep slopes.

RESTAURANT

An eating and drinking establishment, however designated, at which food is sold to the general public for consumption on the premises, normally to patrons seated within an enclosed building but also permitting alfresco dining, (subject to the applicable provisions of § 300-51) and where the consumption of food in motor vehicles on the premises is neither encouraged nor permitted. A snack bar or refreshment stand at a public or community playground, park, field or other recreation facility, which snack bar or refreshment stand is operated solely by the agency or group operating the recreation facility, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.

(1) RESTAURANT, DRIVE-IN (TAKE-OUT, CARRY-OUT)

(a) An eating and drinking establishment which, by the design of the physical facility or by service or packaging procedures, encourages and permits customers to purchase prepared, ready-to-eat food and beverages intended for consumption:

[1] On the premises, but outside the confines of the principal building;

[2] In automobiles parked upon the premises; or

[3] Off-premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for on-site consumption.

(b) With the exception of ice cream service, no transaction may be made through a window to a patron on the street or sidewalk.

(2) RESTAURANT, FAST-FOOD An eating and drinking establishment in which a limited or specialized list of quickly prepared or pre-prepared food items, utilizing mechanized, standardized preparation and packaging techniques, is offered for on- and/or off-site consumption, including operations where food may be directly ordered from and/or directly served into automobiles queued for such purpose. Such drive-in or outside ordering and service may be the sole form of food service or may be used in combination with ordering and service from a counter inside of the building.

(3) RESTAURANT, FULL SERVICE See "restaurant."

RESUBDIVISION

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

RETAIL

The sale of goods or articles individually or in small quantities directly to the consumer.

RETAINING WALL

A structure more than 18 inches in height, erected between lands of different elevations to protect structures and/or to prevent the washing or erosion of earth from the upper slope level.

RETENTION BASIN

A man-made or natural body of water of a depth of not less than four feet which is designed to contain water at all times, the level of which will be increased as a result of the flow into it of surface water, collected therein and released gradually into natural or man-made outlets.

REVERSE FRONTAGE (LOT)

A lot wherein access is not possible from one of the parallel or nonintersecting streets upon which it fronts; where access is from an accessory street, rather than the collectors.

REVETMENT

A facing of stone, concrete or similar material constructed to protect a sharp embankment or shore structure against erosion by wave action or current.

RIPARIAN LANDS

Those tidal lands of the State of New Jersey which are now or were formerly flowed by mean high water.

RIPARIAN LICENSE

A legal instrument issued by the State of New Jersey which allows the use of riparian lands in the manner prescribed by that instrument as required, generally, by N.J.S.A. 12:3-1 et seq.

RIPARIAN PERMIT

A legal instrument issued by the State of New Jersey pursuant to N.J.S.A. 12:5-3 prior to the development or improvement of the waterfront.

ROOF SIGN

See "sign, roof."

ROOMER

See "boarder."

ROOMING HOUSE

See "boardinghouse."

SATELLITE DISH ANTENNA

A parabolic apparatus which is designated for the purpose of receiving television, radio, microwave, satellite, or other similar signals.

SERVICE STATION

See "automobile service station."

SCHOOL

See "educational use."

SCHOOL, PAROCHIAL

A school supported and controlled by a place of worship.

SCIENTIFIC RESEARCH LABORATORY

A building or group of buildings in which activities are limited to experiment, testing and other forms of research, such as product design and development, provided that the use shall not include any processing or manufacturing except as may be incidental to the research or testing process. There shall be no commercial production of goods, materials or any other substances for sale, except as may be produced by a small pilot facility necessary to the research activity.

SCREEN

See "landscape screen."

SECONDARY USE

See "accessory use."

SEDIMENT

Solid mineral or organic material, in suspension, which is being or has been transported from its site of origin by air, water, ice or gravity or other natural means as a product of erosion.

SEDIMENTATION

The transport deposition of sediment.

SEDIMENT BASIN

A barrier or dam built at suitable locations to retain sediment.

SELF-SERVICE STORAGE FACILITY

A building or group of buildings containing separate, individual and privately lockable storage spaces of varying sizes available for lease or rent to the general public for varying periods of time.

SERVICE

Useful labor that does not produce a tangible commodity. Work done or duty performed for another or others.

SERVICE ACCESS

That portion of any required yard area which is set aside for the sole purpose of access from the right-of-way adjoining the premises to the loading or unloading area on the premises in order to service the building erected for the use conducted thereon.

SETBACK

The clear, unoccupied and unobstructed horizontal distance between the vertical walls of a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines, and extending from grade to sky, except for encroachments permitted by § 300-51A(1). Accessory uses may be a permitted encroachment where indicated, subject to the limitations set forth in this chapter.

SETBACK LINE

A line drawn parallel with a street or lot line establishing the minimum horizontal distance from the street line or lot line beyond which a building or part of a building is not permitted to extend as specified in this chapter. In order to create an aesthetically pleasing building facade along the front or side of a building, bay windows or other architectural detailing may extend into the front or side yard setback a maximum of 12 inches. All yard requirements are measured to the setback line.

SETBACK, PERIMETER

A clear and unoccupied space extending along the entire lot line to a depth specified in the applicable provisions of this chapter. The depth of the perimeter setback area shall be measured at right angles to the lot lines of the property.

S.F.

Square foot.

SHRUBS

Generally multistemmed, deciduous or evergreen plants classified in size by (typically low) height and (typically wide) spread.

SIDEWALK

A public way for carrying pedestrian traffic. Sidewalks may be located within a right-of-way provided for within a street or may be located adjacent to a property line, between lots, and laid out so that it may provide pedestrian traffic along a street or road or within a subdivision connecting two streets.

SIGHT TRIANGLE (EASEMENT)

A triangular area abutting two intersecting streets formed by connecting a line between the intersecting street lines and a point on each street line a set distance from the intersection in accordance with the requirements of this chapter. The purpose of a sight triangle is to form an area at a corner or driveway intersection which is free of visual obstructions, including grading, planting, fencing or other structure, but not including street signs, fire hydrants or light standards, in order to prevent interference with a driver's ability to see oncoming traffic when stopped at such corner or driveway intersection.

SIGN

An object, device, display, building or structure, or portion thereof, which is located outdoors, or which is located indoors but is visible to the general public from outdoors, on which is affixed, painted or otherwise represented, directly or indirectly, words, letters, figures, designs, symbols, fixtures, colors, insignia, illumination or projected images forming a name, identification, description, display or illustration, or combination thereof, which is designed or intended to advertise, announce, declare, demonstrate, display, direct, attract attention to, identify, illuminate or otherwise visually communicate or promote the interest of an object, person, institution, organization, business, product, service, activity, event or location by any means.

(1) Lighting used to highlight or outline a part of a building but not communicate any visual message, works of art which in no way communicate any visual message and scoreboards located on athletic fields shall not be considered signs. Graffiti shall never be considered a sign.

(2) Signs shall include motor vehicles and pictures, models or other representations of products or services incorporated in a window display when utilized for such purpose, but shall not include the flag, badge, insignia or emblem of any nation, organization of nations, state, City or public, quasi-public, charitable, fraternal, religious or civic organization; official court or public office notice; or official traffic control device.

(3) Definitions of particular functional and structural types of signs are:

(a) SIGN, ADVERTISING A sign which advertises, announces, declares, demonstrates, displays, directs or attracts attention to, identifies, illuminates or otherwise visually communicates or promotes the interest of an object, person, institution, organization, business, product, service, activity, event or location, by any means, which is sold, conducted, offered or otherwise located other than on the premises where the sign is located. Aka "off-site advertising sign," "off-site commercial advertising sign," "commercial advertising sign."

(b) SIGN, ADVERTISING VEHICLE Any vehicle or trailer having attached thereto or painted thereon any sign, the primary purpose of which is to advertise any product or business, as opposed to a sign, the primary purpose of which is intended to identify the owner or operator of the vehicle.

(c) SIGN, ANIMATED (MOVING) Any sign or part of a sign which changes physical position or appearance, including text message or pictorial content, by any movement or rotation, or which gives the visual impression of such movement or rotation (e.g., rotating louvered signs); this definition shall not include LCD, LED, or digital signs.

[Amended 9-3-2014 by Ord. No. 18-2014]

(d) SIGN, AREA (OF) The area defined by the outside edge of the frame surrounding the sign or backing on which the sign is mounted (unless mounted directly on a building, in which case the sign shall not be considered to have a backing), including any decorative or architectural elements attendant to such frame. Where no frame or backing exists, sign area shall be measured by the smallest projected, enclosed, four-sided regular (right-angled, straight-edged) geometric shape necessary to encompass each and every word, letter, figure, design, symbol, fixture, color, insignia, illumination, projected image or component thereof, forming the visual communication. Where a portion of a sign has a frame or backing and a portion does not, the area of the sign shall be the area formed by the combination of all signage elements.

(e) SIGN, AWNING (CANOPY, MARQUEE) A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this chapter. No such sign shall project above, below or beyond the physical dimensions of such awning, canopy or marquee or be lower than 10 feet above the sidewalk or public thoroughfare.

(f) SIGN, BUILDING-MOUNTED A sign which is affixed or inscribed upon the face of a building and whose face is, generally, parallel to the building facade. See "sign, wall."

(g) SIGN, BULLETIN (READER) BOARD A sign which identifies an institution or organization on whose premises it is located and which contains the name of the institution or organization, the name or names of the person or persons connected with it and greetings, announcements of events or activities occurring at the institution or similar messages.

(h) SIGN, BUSINESS (IDENTIFICATION) See "sign, identification."

(i) SIGN, CONSTRUCTION A temporary sign erected on the premises on which construction is taking place during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors, artisans and the owners, financial supporters, sponsors, governmental agencies and similar entities having a role or interest with respect to the structure or project.

(j) SIGN, CURRENT RATE A sign indicating the (then current) hourly charge for parking in a commercial surface parking lot, structured parking garage or mechanical parking facility in the CBD, NC, GC, RC, LI and BMU Zoning Districts in accordance with § 300-63D, and in the Bayside Mixed-Use and City Center Support Overlay Districts in accordance with § 300-62C. See also, "sign, tariff."

(k) SIGN, ENVIRONMENTAL (INFORMATION, DESIGNATION) A sign designed to provide information on the environmental qualities of a site.

(l) SIGN FACADE See "sign, building-mounted."

(m) SIGN, FLASHING Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.

(n) SIGN, FREESTANDING A sign which is supported by independent uprights or braces placed upon the ground and not attached to or relying on any building for support.

(o) SIGN, GOVERNMENTAL A sign erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation.

(p) SIGN, GROUND Any sign, other than a pole sign, placed upon or supported by the ground independently of any other structure.

(q) SIGN HEIGHT The vertical distance measured between finished grade and the highest point of the highest element of the sign, excluding any incidental structural element such as uplift cable for a projecting sign.

(r) SIGN, HISTORICAL (ARCHITECTURAL) DESIGNATION A sign designed to provide information on the architectural or historical qualities of a structure, building or site.

(s) SIGN, HOME OCCUPATION A sign containing only the name and occupation of a permitted home occupation.

(t) SIGN, IDENTIFICATION A sign which advertises, announces, declares, demonstrates, displays, directs or attracts attention to, identifies, illuminates or otherwise visually communicates or promotes the interest of an object, person, institution, organization, business, product, service, activity, event or location, by any means, which is sold, conducted, offered or otherwise located on the premises where the sign is located. Such sign may include the name, logo, trademark or other identifying symbol, address, or any combination thereof, of the building, business, development or establishment on the premises where such sign is located.

(u) SIGN, IDENTIFICATION, JOINT A sign which serves as common or collective identification for two or more nonresidential uses sharing an office plaza, shopping center, industrial park or similar facility, and which is located on such premises. Such sign shall be limited in content to identification of the plaza, center, park or similar facility and shall not contain any reference to the individual uses sharing such facility.

(v) SIGN, ILLUMINATED A sign lighted by or exposed to artificial lighting, either by lights on or in the sign or directed towards the sign.

(w) SIGN, MEMORIAL SIGN A sign or tablet memorializing a person, event, structure or like or similar person, issue or item.

(x) SIGN, NAMEPLATE A sign giving the name or address, or both, of the owner or occupant of a building or premises on which it is located.

(y) SIGN, ON-SITE INFORMATIONAL A sign commonly associated with and limited to information and directions 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 like and similar messages.

(z) SIGN, PRIVATE EVENT A temporary sign advertising private not-for-profit events. Examples include picnics, carnivals, bazaars, game nights, fairs, craft shows and like and similar events.

(aa) SIGN, PRIVATE SALE A temporary sign advertising private sale of personal property at private property. Examples include garage sales, rummage sales and like and similar events.

(bb) SIGN, POLE A sign that is mounted on a freestanding pole or other supports so that the bottom edge of the sign face is not less than 10 feet above grade.

(cc) SIGN, POLITICAL A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.

(dd) SIGN, PORTABLE A sign that is not permanently affixed to a building, structure or the ground.

(ee) SIGN, PROJECTING A sign which is wholly or partially attached to or suspended from and dependent upon a structure for support, and which extends from such structure in a manner which is other than parallel to such structure more than 12 inches from such structure, including a sign hung under an awning or canopy. Signs projecting over a City right-of-way shall require permission from the governing body in the form of a revocable license agreement which shall specify the parties to the agreement; the type of awning (canopy, marquee) or other improvement to be installed; the extent of the projection over the right-of-way; the term of the license, including any revocation terms; insurance and indemnification provisions by the licensee on behalf of the City; any specific conditions of the license; and such consideration as the City shall deem appropriate. Signs projecting over a county right-of-way may require a license from by the County Planning Board, at such Board's discretion.

(ff) SIGN, REAL ESTATE A sign pertaining to the sale or lease of the premises or a portion of the premises on which the sign is located.

(gg) SIGN, ROOF A sign that is mounted upon the roof of a building or which is wholly dependent upon a building for support, and which projects more than six inches above the highest point of a building with a flat roof, the eaveline of a building with a gambrel, gable or hip roof or the deckline of a building with a mansard roof.

(hh) SIGN, TARIFF A sign indicating the annual rate schedule and the name, mercantile license number and address of the operator of a commercial surface parking lot, structured parking garage or mechanical parking facility in the CBD, NC, GC, RC, LI and BMU Zoning Districts in accordance with § 300-63D, and in the Bayside Mixed-Use and City Center Support Overlays in accordance with § 300-62C. See also "sign, current rate."

(ii) SIGN, TEMPORARY A sgn or advertising display constructed of cloth, canvas, fabric, paper, plywood or other light material and designed or intended to be displayed for a short period of time.

(jj) SIGN, WALL Any sign fastened to, painted on or otherwise affixed to a wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign, and unless otherwise permitted, does not project more than 12 inches from such building or structure. The wall sign shall consist of business name with address only, except for franchises where logos are used.

[Amended 8-3-2015 by Ord. No. 11-2015]

(kk) SIGN, WARNING Signs limited to messages of warning, danger or caution.

(ll) SIGN, WINDOW A sign which is applied or attached to the exterior or interior of a window or located within three feet of the interior of a window and which can be seen from the exterior of the structure.

(mm) SIGN WITH BACKING A 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.

(nn) SIGN WITHOUT BACKING A 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.

SINGLE-FAMILY DETACHED DWELLING UNIT

A freestanding structure designed for residential occupancy by a single family or housekeeping unit situated on an individual lot with no common party walls with other structures and having sleeping, cooking, sanitary and general living facilities wherein not more than one person is sheltered or fed for profit.

SINGLE-FAMILY SEMIDETACHED DWELLING UNIT (DUPLEX)

A structure designed for residential occupancy by two independent families or housekeeping units in separate dwelling units, with an unpierced (vertical) common party wall between the dwelling units extending from ground floor to roof. Each such dwelling unit shall have its own sleeping, cooking, sanitary and general living facilities wherein not more than one person per household is sheltered or fed for profit. Such structures shall have not more than one dwelling unit per duplex side for a total of two dwelling units per building. Each duplex side shall be of equal size and located on an individual lot.

SITE

Any plot, parcel or parcels of land.

SITE COVERAGE

See "coverage, impervious."

SITE PLAN

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:

(1) Topography, vegetation, drainage, floodplains, marshes and waterways;

(2) 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 and screening devices; and

(3) Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan pursuant to the requirements of this chapter and the provisions of N.J.S.A. 40:55D-37 et seq.

(a) SITE PLAN, MAJOR Any development plan not classified as a minor site plan or an exempt development.

(b) SITE PLAN, MINOR A development plan for one or more lots which is (are) subject to development that proposes the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure which:

[1] Requires site plan approval (is not an exempt development);

[2] Meets the requirements set forth in this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met;

[3] Does not require the construction of on- or off-site drainage facilities or the outfall of drainage onto an adjoining property, whether or not such property is owned by the applicant;

[4] Does not involve the construction of a new building and/or an addition to an existing building in excess of 1,000 square feet of gross floor area;

[5] Does not involve the mining, excavation, landfill, clearing, grading or other disturbance of land for nonagricultural purposes;

[6] Does not increase parking requirements by more than three spaces, nor entail or propose the construction of a total of more than five parking spaces;

[7] Conforms to the floodplain management standards of Chapter 139 of the Code of the City of Pleasantville;

[8] Will not require the issuance of a CAFRA permit;

[9] Does not involve any new street or the extension of any existing street; and

[10] 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.

SITE TRIANGLE

See "sight triangle (easement)."

SOIL

All unconsolidated mineral and organic material of any origin and overlying bedrock and which can be readily excavated.

SOIL CONSERVATION DISTRICT

The Cape Atlantic Soil Conservation District, a governmental subdivision of the State of New Jersey encompassing the City of Pleasantville, and which was organized in pursuant to N.J.S.A. 4:24-2 et seq.

SOILS, WET

Soils with a depth of seasonal high-water table less than or equal to three feet, as delineated by the United States Soil Conservation Service in a National Cooperative Soil Survey, unless the soils are loamy sand or coarser, in which case they are soils with a depth to seasonal high-water table less than or equal to five feet.

SOLAR ENERGY SYSTEM

(1) A renewable energy system that converts solar energy into a usable electrical energy, heats water or produces hot air or similar function through the use of solar collectors which:

(a) Are used to generate electricity; and

(b) Have a nameplate capacity of 100 kilowatts or less;

(c) Includes solar panels, a generator and associated equipment, including any base, foundation, structural support, wire(s), batteries or other components necessary to fully utilize the solar generator.

(2) For the purposes of solar energy systems only, the following definitions shall apply:

(a) OWNER The individual, entity and/or property owner that intends to own and operate the solar energy system in accordance with § 300-53. Should the property owner be different than the owner or entity who intends to own and operate the solar energy system, the property owner shall provide written consent to the operator to make application for and operation such solar energy system.

(b) TOTAL HEIGHT The vertical distance from finished grade to the highest point of the solar energy system, including all related apparatus and associated.

SOLID WASTE

Garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials, including recyclable materials so designated by the Atlantic County Utilities Authority.

SPECIMEN (TREE, SHRUB, PLANTING, ELEMENT)

A tree with a diameter of 18 inches and greater, regardless of genus and species, or any individual plant whose genus or species is considered relatively rare in the City.

STANDARD INDUSTRIAL CLASSIFICATION ("SIC")

The classification of land uses and economic activities in accordance with the Standard Industrial Classification Manual prepared by the United States Office of Management and Budget, dated 1972, as updated from time to time.

STATE PLAN

The New Jersey State Development and Redevelopment Plan, adopted March, 2001, as it may be amended from time to time.

STEEP SLOPES

Areas where the average slope exceeds 8% which, because of this slope, are subject to high rates of stormwater runoff and erosion.

STOOP

An open platform, without roof or walls, consisting of steps and a landing, which is located at the entrance door to a structure and being no greater than six feet wide by six feet deep.

STORMWATER RETENTION (FACILITY)

A structure or other means to control stormwater runoff.

STORMWATER RUNOFF

The flow of water across the surface of the ground resulting from precipitation.

STORY

That portion of a building located between the upper surface of any floor and the upper surface of the next floor above, or, in the absence of an upper surface of a floor above, the finished ceiling or roof above.

(1) A split-level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it, except a cellar. A floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a story or, if less than two feet below the top plate, shall be counted as a "half-story, provided that not more than 60% of the floor area is used for rooms, baths or toilets. Otherwise, such floor shall be counted as that fraction of a story which its floor area, in rooms, baths or toilets, bears to the entire floor area.

(2) A "basement" shall be counted as a story and a "cellar" shall be counted as a half-story.

STREAM CORRIDOR

The land lying within 50 feet of the edge of any floodway, channel, brook, stream, pond or lake, or within 25 feet of the center of any intermittent stream.

STREAM ENCROACHMENT PERMIT

A permit required for the construction, grading, filling or storage of material, equipment or structures within a City stream corridor or within freshwater wetlands.

STREET

Any avenue, highway, boulevard, road, parkway, viaduct, alley, drive or other public way or thoroughfare which has been or will be dedicated or deeded to the public for public use and which has been improved and accepted as a state, county or municipal roadway, or which is shown on a plat heretofore approved pursuant to law, or which is approved by official action as provided by this chapter and N.J.S.A. 40:55D-1 et seq., or which is shown on a plat duly filed and recorded in the office of the Atlantic County Recording Officer prior to the appointment of the Planning Board and a 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.

(1) STREET, ARTERIAL A street used primarily for fast or heavy traffic.

(2) STREET, COLLECTOR A street used primarily to carry traffic from a minor street to an arterial street, including the principal entrance roads of a residential subdivision or development, and roads for circulation within such subdivision or development.

(3) STREET, CUL-DE-SAC Dead-end streets providing access to adjacent lots.

(4) STREET, IMPROVED A public right-of-way surfaced with an all-weather pavement which meets the criteria for design and construction contained in Chapter 255 of the Pleasantville City Code.

(5) STREET, INTERIOR (ROAD) A public right-of-way that is developed wholly within a parcel under single ownership and meeting all municipal standards. This definition shall not apply to a private right-of-way, regardless of its compliance with municipal standards.

(6) STREET, INTERNAL SERVICE (ROAD) A right-of-way used for internal vehicular circulation within a tract or development. Internal streets may be private and not dedicated or deeded to the public, subject to approval by the City Engineer.

(7) STREET LINE The line which separates an existing or future publicly owned or controlled right-of-way from the private property which abuts such right-of-way, and thereby demarcating the limit of the highway rights of the public, either existing or contemplated, as depicted on the adopted Master Plan of the City of Pleasantville.

(a) As distinct from a sidewalk line, curbline or edge-of-pavement line.

(b) Where a definite right-of-way has not been established, the street line shall be assumed to be at a point 25 feet from the center line of the existing pavement.

(8) STREET, MARGINAL ACCESS Streets parallel and adjacent to arterial streets and which provide access to abutting properties and protection from through traffic.

(9) STREET, MINOR (LOCAL) Streets used primarily for access to abutting properties.

(10) STREET, UNIMPROVED A right-of-way that is not an improved street. An unimproved street may be constructed of loose gravel, loose stone or, generally, any type of material that is not solidified and will not repel water or maintain a stable cross section. In the event that the Construction Code Official or other City official has any question as to whether a road is improved, unimproved or potential drainage problems exist with regard to the issuance of a development permit, building permit or certificate of occupancy, such official shall contact the City Engineer for evaluation and written determination.

STRIPPING

An activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.

STRUCTURAL ALTERATION

See "alteration."

STRUCTURE

An assembly or combination of materials forming a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land, including, but not limited to, bins, buildings, fences, piers, platforms, sheds, shelters, signs, stagings, standards, swimming pools, tanks, tents, tennis courts, towers, trestles and wharves.

STRUCTURE, PRINCIPAL

See "building, principal."

STUDIO (APARTMENTS)

See "efficiency (dwelling units)."

SUBDIVIDER

A person or legal entity commencing proceedings under this chapter to effect the subdivision of land hereunder.

SUBDIVISION

(1) 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 a subdivision within the meaning of this chapter if no new streets are created:

(a) Division of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size;

(b) Division of property by testamentary or intestate provisions;

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

(d) Consolidation of existing lots by deed or other recorded instrument; and

(e) The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons, all of which are found and certified by the Zoning Officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Official Tax Map of the City.

(2) The term "subdivision" shall also include the term "resubdivision."

(a) SUBDIVISION, MAJOR Any division of land not classified as a minor subdivision.

(b) SUBDIVISION, MINOR A subdivision of land for the creation of not more than two lots, plus the remainder of the original lot, with each lot fronting on an existing improved street or streets, and provided that such subdivision does not involve a planned development, any new 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, and provided that the Planning Board or Zoning Board of Adjustment, as the case may be, finds that all the following conditions have been met:

[1] Curbs and sidewalks have been installed or that the developer agrees to install and post performance guaranties for curbs and sidewalks;

[2] The subdivision does not require the extension of municipal facilities at the expense of the City;

[3] The subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin or other stormwater management structure in which the lots are situated;

[4] The subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property;

[5] 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;

[6] In the event that a drainage fund has been established by the City of Pleasantville or Atlantic County, an assessment has been charged to the lots and has been paid;

[7] No portion of the lands involved has constituted a part of a minor subdivision within three years preceding the application; and

[8] Not being deficient in those details and specifications required of minor subdivisions as specified in this chapter.

(c) The original (or parent) lot shall be considered any lot in existence at the time of the adoption of this chapter as shown on the City Tax Maps.

(d) Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision for purposes of the land use approval process.

SUBSTANTIAL IMPROVEMENT

A repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. 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:

(1) 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

(2) Any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.

SWIMMING POOL, COMMERCIAL

A swimming pool that is operating for profit and open to the public or to a limited number of members and their guests upon payment of an hourly, daily, weekly, monthly, annual or other fee, or operated as a service rendered by a hotel, motel or apartment development whose units are rented to transient or permanent residents, and having appropriate dressing room facilities, recreational facilities and off-street parking areas.

SWIMMING POOL, PRIVATE (RESIDENTIAL)

A swimming pool, whether portable or fixed, located on a lot whose principal use is one or more dwelling units, and including all buildings, structures and equipment appurtenant thereto, where such swimming pool is used as an accessory to the dwelling(s) and is utilized with no admission charges and not for the purpose of profit.

SWIMMING POOL, PUBLIC

See "swimming pool, commercial."

TATTOO PARLOR

A place or establishment where tattooing is performed.

TATTOO (TATTOOING)

Any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin by means of application of any chemical, dye or any other substance that results in the temporary or permanent coloring of the skin, without regard to the type of instrument that is used for such application.

TAVERN

A licensed establishment under the jurisdiction of N.J.S.A. 33:1-1 et seq., wherein alcoholic beverages are served by the drink to the general public and where cooked-to-order food is prepared and served on the premises.

TEMPORARY PRODUCE SALES STRUCTURES

A portable or semiportable table, platform or structure from which fruits, vegetables or similar agricultural products are intended to be sold at retail to passing motorists or pedestrians.

TEMPORARY SIGN

See "sign, temporary."

TEMPORARY USE

See "use, temporary."

TERRACE

A level, open area, without roof or walls, projecting from the exterior wall of a principal building, with direct access from that principal building, and which has been surfaced with brick, stone or other landscaping material and which is elevated no greater than three feet above finished grade.

THREE SEASON PATIO ROOM

A roofed structure projecting from the exterior wall of a principal residential building and intended to be used exclusively as seasonal space accessory to the residential use, with direct access from the residential building, and consisting of a finished floor, roof and three windowed or screened walls. Such room shall be limited to a single story, shall be located within the side or rear yard of the primary residential structure and shall not be heated or air conditioned. Aka "screened porch," "Florida room," etc.

THREE- TO FOUR-FAMILY ATTACHED DWELLING UNIT ("TRI" OR "QUAD")

A structure designed for occupancy by three to four independent families or housekeeping units in separate dwelling units, situated on a single lot with an unpierced (vertical) common party wall between the dwelling units extending from ground floor to roof and an unpierced floor between the dwelling units extending from exterior wall to exterior wall, and with one or both sides of the structure constructed in a horizontal configuration (i.e., one dwelling unit above the other) so as to contain not more than two dwelling units per building side for a maximum of four units per building.

(1) Side-by-side triplex or four-plex units are prohibited in this structural type. Such structural types are addressed under the definitions of "townhouse" and "garden apartment."

(2) Each dwelling unit shall have its own sleeping, cooking, sanitary and general living facilities wherein not more than one person per household is sheltered or fed for profit.

(3) Nothing herein shall preclude a single dwelling unit within such structure from occupying more than one floor.

THROUGH BLOCK CONNECTOR

A portion of a lot, covered or open air, which is accessible to the public and provides a pedestrian connection between two streets which are parallel or approximately parallel to each other or between urban open spaces or arcades abutting such streets. A through block connector may be elevated, even with or recessed below the sidewalk, arcade or urban open space to which it connects. However, if elevated or recessed, the through block connector shall transition to the sidewalk, arcade or urban open space to which it connects in accordance with the Americans with Disabilities Act. If open, the through block connector shall have a minimum width equal to not less than the greater than 20% of the height of the highest abutting wall within 30 feet of its center line or 30 feet. If covered or enclosed, the through block connector shall have a minimum width of 15 feet. Columns, lighting standards, vertical circulation elements, plantings, ornamental fountains, sculptures, displays, kiosks or open-air cafes are permitted obstructions at the pedestrian level, provided that a continuous way, not less than 15 feet wide, remains free of obstructions and available for unimpeded pedestrian circulation. The ceiling height of a covered or enclosed through block connector shall at no point be less than 20 feet above the walking surface. Pedestrian bridges, balconies or mezzanines are permitted overhead obstructions, provided that they do not cover, in the aggregate, more than 20% of the area of the through block connector.

TIDELANDS

Lands which are washed by tidal flows in accordance with the New Jersey Department of Environmental Protection Tideland Council maps (on file with the New Jersey Department of Environmental Protection and the City Clerk).

TILTON ROAD

County Road 687 west of New Road.

T.O.C.

See "top of curb."

TOP OF CURB

The median elevation (grade) of the uppermost horizontal surface of a permanently established curb structure abutting the frontage of a lot. Where the height of such curb varies, t.o.c. shall be the average of the two points at either end of the length of the curb (parallel with the side parcel lines) and the point at the median of the curb.

TOWNHOUSE (TOWNHOUSE BUILDING)

A structure designed for occupancy by not less than three and not more than eight independent families or housekeeping units on individual lots with common (vertical) party walls between dwelling units. Townhouse dwelling units shall be side by side (not stacked), with each unit sitting on an individual lot.

(1) Individual townhouse buildings shall contain not less than three and not more than eight dwelling units. Each such dwelling unit shall have its own sleeping, cooking, sanitary and general living facilities wherein not more than one person per household is sheltered or fed for profit. Each such unit shall be a minimum of 24 feet wide.

(2) Exterior (end) townhouse units shall have a minimum twelve-foot side yard setback, which shall be used as a driveway. In the alternative, exterior townhouse units may be 24 feet wide, provided that an additional twelve-foot side yard setback (under some form of common ownership) is maintained.

(3) Garages and off-street parking for townhouses shall be accessed from the rear of the building, which shall be accessible from a loop road employing end-unit driveways.

TRACT

An area of land consisting of one or more contiguous lots under single ownership or control, used for development or for a common purpose. "Tract" is interchangeable with the words "development area," "site" and "property."

(1) TRACT AREA, GROSS The total area of land, determined by a certified boundary survey, excluding any public rights-of-way and/or lands shown as part of another previously approved or designated permanent open space.

(2) TRACT AREA, NET The gross tract area less the total of any areas within the tract contained in:

(a) Riparian lands, tidelands and tidal wetlands;

(b) Wetlands and areas with shallow depth to water table;

(c) The one-hundred-year floodplain;

(d) Lakes and ponds; and

(e) Stream corridors and floodways.

TRAFFIC (IMPACT) STUDY

An analysis of the (typically negative) influences on existing vehicular and pedestrian circulation patterns anticipated by and resulting from new development. Such studies shall be conducted in accordance with the guidelines established in Transportation Impact Analyses for Site Development: An ITE Proposed Recommended Practice, Institute of Transportation Engineers, Washington, D.C., 1996.

TRAILER

A wheeled structure which is towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects, or as a temporary office.

TRAILER COACH

See "recreational vehicle."

TRAILER COACH PARK

See "recreational vehicle park."

TRANSCRIPT

A typed or printed verbatim record, or reproduction thereof, of the proceedings of a municipal agency.

TRANSFER OF OWNERSHIP PERMIT

A permit issued by the Code Enforcement Officer or designee for the exclusive and sole purpose of changing ownership of a dwelling unit or property. The transfer of ownership permit does not grant the right of occupancy and does not allow occupancy of the dwelling unit or property. Upon inspection by the Code Enforcement Officer or designee, the unit and/or property is found to have City of Pleasantville Property Maintenance Code violations, the new proposed owner of the property is responsible for abating outstanding code violations. All outstanding violations must be corrected by the due date on the permit. Failure to correct identified and outstanding property maintenance violations by the due date will result in the issuance of a court summons. Penalties include fines, community service or imprisonment as defined in § 300-8, Enforcement; violations and penalties, of Chapter 300, Land Management.

[Added 10-17-2016 by Ord. No. 18-2016]

TRANSITIONAL CARE CLIENT (PATIENT)

A person qualifying for the type of care or treatment permitted to be administered at a transitional care home.

TRANSITIONAL CARE HOME

A facility in which persons live for a short period of time while receiving physical, social and/or psychological therapy and counseling to assist them in overcoming physical, family living and/or emotional issues which, while not requiring segregation from society, impede personal independence to the point of requiring shelter away from their usual residences. Such use may include on-site professional therapy and counseling in order to support a gradual reintroduction to full participation in normal community life, aka "halfway house."

TRAVEL TRAILER

See "recreational vehicle."

TREE

Any woody perennial.

(1) TREE, CONIFEROUS Trees that do not drop their leaves in winter (aka evergreens).

(2) TREE, DECIDUOUS Trees that drop their leaves before becoming dormant in winter; not coniferous.

TREE CALIPER

The diameter of a tree trunk measured in inches. Pursuant to the 2004 edition of the American Standard for Nursery Stock, published by the American Nursery and Landscape Association (Note: http://agri.nv.gov/Brochures/ANLAStandard2004.pdf.), measurement shall be taken six inches above the ground up to and including four inches caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper should be measured at 12 inches above the ground. Seldom are tree trunks perfectly round. The most accurate measurement will result from the use of a diameter tape. Caliper measurements taken with manual or electronic "slot" or "pincer" type caliper tools should be the average of the smallest and largest measurements.

TREE DIAMETER

The width of a tree measured 4 1/2 feet above grade.

TREE DRIPLINE

The marking where the outer edge of a tree's branches overhang the ground.

TREE-PROTECTION ZONE

That portion of a lot outside of the disturbance zone.

TREE REMOVAL

The elimination of a tree, by either chemical or mechanical means, the transplanting of a tree to a site other than that under development, or the infliction of damage to a tree that is of such severity as to show evidence within a period of two years of irreparable harm leading to the ultimate death of the tree. Examples of serious damage include, but are not limited to: damage inflicted to the root system by machinery, storage of materials or soil compaction; changing the natural grade above, below or around the root system and around the trunk; damage inflicted on the tree permitting fungus infection or pest infestation; intentional herbicide application; excessive pruning; excessive thinning; paving with concrete, asphalt or other impervious material within such proximity as to be harmful to the tree.

TREE ROOT AREA

The area under a tree extending from the trunk to the tree drip line.

TWO-FAMILY STACKED (MULTISTORY) DWELLING UNIT

A structure designed for residential occupancy by two independent families or housekeeping units situated on a single lot placed in a horizontal configuration (i.e., one dwelling unit above the other). Each such dwelling unit shall have its own sleeping, cooking, sanitary and general living facilities wherein not more than one person per household is sheltered or fed for profit. Nothing herein shall preclude a single dwelling unit within such structure from occupying more than one floor. However, no dwelling unit shall occupy less than an entire floor (defined as the area of the total footprint of the building).

2008 COMPREHENSIVE MASTER PLAN UPDATE, CITY OF PLEASANTVILLE, ATLANTIC COUNTY, NEW JERSEY

The duly adopted Master Plan for the City of Pleasantville. Prepared by Remington, Vernick & Walberg Engineers, dated September 8, 2008, and adopted by the Pleasantville Planning Board on November 13, 2008.

TYPICAL RESIDENTIAL AMENITIES

(1) FOR MULTIFAMILY USES Those uses detailed under typical residential amenities for single-family uses, plus cabanas, clubhouses, rest rooms, changing rooms and refreshment areas.

(2) FOR SINGLE-FAMILY USES Such accessory structures and uses which are normal and customary to a residential use, including, but not limited to, private automobile garages for the exclusive use of the residents or guests of the residents, greenhouses, garden houses, tool sheds, playhouses or play sets, fences and walls, satellite dish antennas, solar energy systems, electric vehicle supply equipment, tennis, basketball or similar court games and residential swimming pools, provided:

[Amended 3-19-2018 by Ord. No. 2-2018]

(a) Such uses are incidental to the residential use of the premises and are not operated for gain;

(b) Such uses shall be located in the side or rear yard, and then, except for fences and walls, shall conform to the setbacks required for accessory structures. In the case of a corner lot, the regulations regarding front and side yards shall apply;

(c) Any machinery used in connection with such use shall be housed in a soundproofed structure; and

(d) Any safety or other lighting to illuminate any such use shall be designed and located so that it does not project any light or glare on contiguous properties. All bare incandescent light sources shall be shielded from view.

UNIT

See "dwelling unit."

URBAN ENTERPRISE ZONE AUTHORITY ("UEZA")

The New Jersey Urban Enterprise Zone Authority, the state overseer of Urban Enterprise Zone activities under N.J.S.A. 52:27H-60 et seq.

URBAN OPEN SPACE

See "open space, urban."

USABLE OPEN SPACE

See "open space, usable."

USE

The specific activity or purpose for which a lot, building or portion thereof is designed, arranged, intended, occupied or maintained. Unless specifically permitted by this chapter, no use expressly permitted or permissible in any zoning district pursuant to this chapter shall be permitted as a use in any other zoning district.

USE, TEMPORARY

A use which is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Temporary uses do not involve the construction or alteration of any permanent building or structure. Unless specifically permitted by this chapter, no use expressly permitted or permissible as a temporary use in any zoning district pursuant to this chapter shall be permitted as a temporary use in any other zoning district.

USE VARIANCE

See "variance, use."

UTILITY

An essential service supporting a development, including, but not limited to, storm and sanitary sewer, potable water, electric, gas, telephone and cable television, and which is regulated by the State of New Jersey or the federal government.

UTILITY RIGHT-OF-WAY

The lands required for the installation and maintenance of a utility.

UTILITY SHED

An accessory building used for the storage of a lot owner's or occupant's personal property, excluding motor vehicles, and having a maximum area of 144 square feet.

VARIANCE

Permission granted to an applicant for development by the Planning Board or the Zoning Board of Adjustment, as the case may be, to depart from the literal requirements of the zoning regulations of this chapter.

(1) VARIANCE, BULK A variance granted by the Planning Board or the Zoning Board of Adjustment, as the case may be, to depart from the literal requirements of the zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-70c.

(2) VARIANCE, USE A variance granted by the Zoning Board of Adjustment to depart from the literal requirements of the zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-70d.

VEHICULAR STORAGE YARD

A private parking area intended for the storage or staging of vehicles such as buses, vans, or trucks.

[Added 8-7-2023 by Ord. No. 14-2023]

VERTICAL DEVELOPMENT

Development that exceeds three stories or 40 feet in height, measured from finished grade.

VERTICAL PARKING GARAGE

A multilevel structure constructed for use as a facility for the parking of motor vehicles whose levels may be above or below grade, or both, but in no case exceed the maximum height limitation for the district in which it is located.

VIBRATION

For the purposes of this chapter, any rapid, periodic motion or oscillation of material, air (typically sound) or fluid from a position of rest or equilibrium, of whatever type or source, emanating from a lot, building, structure or use, whether principal or accessory, which impacts the quiet enjoyment and/or the routine activities of neighboring or nearby lots, buildings, structures or uses.

WALK-UP ESTABLISHMENT

An establishment which, by design of physical facilities or by service or packaging procedures, encourages or permits pedestrians to receive a service or obtain a product without entering the building.

WALKWAY

See "sidewalk."

WALL

An upright (vertical) structural member, typically made of wood, stone, brick or similar material, and serving to enclose, divide, support or protect, and forming a side or inner partition of a building. A wall may serve as a fence when used for such purpose. See "fence."

WALL, EXTERIOR WALL

Any wall which defines the exterior boundaries of a building or its courts or of a structure.

WALL SIGN

See "sign, wall."

WAREHOUSE

A structure designed or utilized primarily for the storage of goods and materials. The term shall include "self-storage," "mini-storage" or other forms of commercial warehouse activities.

WAREHOUSE, CONTRACTORS

A building used primarily for the storage of goods and materials customarily required in the building trade by a construction contractor.

WARNING SIGN

See "sign, warning."

WASHINGTON AVENUE

County Road 608 west of Franklin Boulevard.

WATERCRAFT

A motor boat, sailboat, raft or other vessel used for waterborne transportation, recreation or commercial purposes.

WATERCRAFT FUELING AND SERVICE (STATION)

A building, land area or other premises, or portion thereof, used or intended to be used for the activities defined under "watercraft fueling station" and "watercraft service station."

WATERCRAFT FUELING (STATION)

A building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sale of gasoline or marine fuels, but which does not include the dispensing and/or sale of lubricants (other than motor oil sold and dispensed by the quart), watercraft accessories or supplies, the parking or storing of watercraft for hire and which does not engage in the repair or towing of watercraft.

WATERCRAFT RENTAL (AGENCY)

A place of business, whether conducted in a building or open yard area, or any combination thereof, which is used or intended to be used for the display, sale and/or hourly, daily or weekly rental of new and/or used watercraft, in operable condition, where no watercraft repair is conducted on the premises (other than warranty and other repair service as an accessory use) is conducted on the premises.

WATERCRAFT REPAIR

The general repair, rebuilding or reconditioning of watercraft, their engines, sails, trailers or related appurtenances.

WATERCRAFT SALES (AGENCY)

A place of business, whether conducted in a building or open yard area, or any combination thereof, which is used or intended to be used for the display, sale and/or annualized lease (as opposed to daily or weekly rental) of new and/or used watercraft, in operable condition, where no watercraft repair is conducted on the premises (other than warranty and other repair service as an accessory use).

WATERCRAFT SERVICE (STATION)

A building containing service bays, with or without hydraulic lifts, and associated land area or other premises, or portion thereof, used or intended to be used for the repair of watercraft, including, but not limited to, facilities for changing oil, engine repair, lubrication, transmission repair and like and similar services, provided that watercraft body repair, painting, wrecking, recycling, docking or storing of watercraft for hire shall not be deemed permissible accessory uses of an watercraft service station.

WATER DEPENDENT

Development that cannot physically function without direct access to the body of water along which it is proposed. Uses or portions of uses that can function on sites not adjacent to the water are not considered water dependent, regardless of the economic advantages that may be gained from a waterfront location. The test for water dependency shall assess both the need of the proposed use for access to the water and the capacity of the proposed water body to satisfy the requirements and absorb the impacts of the proposed use. A proposed use will not be considered water dependent if either the use can function away from the water or if the water body proposed is unsuitable for the use.

WATER ORIENTED

Development that serves the general public and derives economic benefit from direct access to the water body along which it is proposed, such as a hotel or restaurant, if it takes full advantage of a waterfront location (e.g., an assembly plant could be water oriented if overland transportation is possible but waterborne receipt of raw materials and shipment of finished products is economically advantageous).

WATER SUPPLY SYSTEM

An installation or structure designed to provide a potable water supply.

WETLANDS PERMIT

A legal instrument issued pursuant to N.J.S.A. 13:9A-1 et seq., and N.J.A.C. 7:7A-1.1 et seq., permitting the applicant to engage in an activity specified therein.

WETLANDS, TIDAL

Areas known as marshes, swamps or other lowlands subject to tidal action, or any area now or formerly connected to tidal waters, whose surface is at or below an elevation of one foot above local extreme high water and on which vegetation unique to tidal marshes, swamps or lowlands has become adapted, including, but not limited to, all mapped New Jersey State Wetlands in accordance with the Wetlands Act (N.J.S.A. 13:9A-1 et seq.), wetlands defined in accordance with the New Jersey Coastal Development Policies (N.J.A.C. 7:7D-1.0 et seq.) or wetlands defined by the United States Army Corps of Engineers.

WET SOILS

See "soils, wet."

WHOLESALE ESTABLISHMENT

A business engaged in the sale of commodities in quantity, usually for resale or business use, chiefly to retailers, other businesses, industries and institutions.

WINDOW SIGN

See "sign, window."

WOODED AREA

An area within a tract which is covered by trees, woods or forests, including closely grouped or stands of 10 or more mature or specimen trees of six inches caliper or greater, or individual shade and specimen trees of 12 inches caliper or greater, or individual ornamental trees of four inches caliper or greater.

YARD

The clear, unoccupied and unobstructed open space situated between a building or group of buildings and the nearest front, side or rear lot line, extending from grade to sky for the full width or depth of the lot. Yards shall be identified as front yard, side yard or rear yard. See "setback" for permitted encroachments.

	YARD, FRONT — A yard on the same lot with the principal building, extending the full width of the lot between the street line and that portion of the building closest to the street line, or the front setback line, projected to the side lot lines of the subject lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard shall be the same as the required front yard setback. See "lot, corner" for designation of front yards for corner lots.
	YARD LINE — A line drawn parallel to the front, side or rear lot lines and extending the distance equal to the depth of the required front, side or rear yard, as the case may be.
	YARD, REAR — A yard on the same lot with the principal building, extending the full width of the lot between the rear lot line and that portion of the building closest to the rear lot line, or the rear setback line, projected to the side lot lines of the subject lot. The depth of the rear yard shall be measured horizontally and at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth. Any buffer requirements shall be in addition to required rear yards. See "lot, corner" for designation of rear yards for corner lots.
	YARD REQUIREMENTS — The regulations of this chapter establishing minimum front, side and rear yard and setback requirements for various uses, structures and districts.
	YARD, SIDE — A yard or yards on the same lot with the principal building, extending the full depth of the lot between the side lot lines and those portions of the building closest to the side lot lines, or the side setback line(s) projected to the front and rear lot lines of the subject lot. The widths of the side yards shall be measured horizontally and at right angles to the side lot line. Any buffer requirements shall be in addition to required side yards. See "lot, corner" for designation of side yards for corner lots.

ZONING BOARD ENGINEER

See "Board Engineer."

ZONING BOARD (OF ADJUSTMENT)

The Zoning Board of Adjustment of the City of Pleasantville, established pursuant to N.J.S.A. 40:55D-69 and § 300-12 herein.

ZONING BOARD PLANNER

See "Board Planner."

ZONING DISTRICT BOUNDARY LINE

The lines enclosing a zoning district as shown on the adopted Zoning Map of the City of Pleasantville (included at the end of this chapter).

ZONING DISTRICT (ZONE)

A section or sections of the City of Pleasantville which are designated as a "zone" or "zoning district" on the adopted Zoning Map of the City of Pleasantville (included at the end of this chapter) and to which certain uniform regulations and requirements of this chapter apply.

ZONING OFFICER

The official of the City of Pleasantville designated to enforce the provisions of this chapter. See "Administrative Officer."

ZONE OF LIGHT OBSTRUCTION

A segment of a cone described horizontally by an arc drawn from the center line of a window, measured horizontally, extending to 70° from such center line on either side, at a radius of 40 feet, and described vertically by the space between a plane extending horizontally from the window sill and a plane extending from the top of the window at an angle of 160° to the face of the building at a distance of 40 feet, measured perpendicularly from the face of the building. The intent of this definition is to support regulations designed to limit the amount of light, typically but not exclusively from signage, entering a dwelling and disturbing its occupants.

ZONING PERMIT

See "development permit."

[1] Editor's Note: N.J.S.A. 40:55D-66.4 was repealed by L. 1998, c. 139, § 1, effective 5-11-1998.

[2] Editor's Note: N.J.S.A. 45:7-1 through 45:7-23 were superseded by L. 2012, c. 24. See now N.J.S.A. 45:7-35 et seq.

[3] Editor's Note: See N.J.S.A. 40A:12A-1 et seq.