Borough of Carteret, NJ General Provisions

Either a subordinate building, other structure or tract of land or a subordinate building or other structure:

Whose use is clearly incidental to the use of the principal building, other structure or use of land.

Which is customary in connection with the principal building, other structure or use of land; and

Which is located on the same zoning lot with the principal building, other structure or use of land.

The area occupied by an accessory building shall be computed into the building area. The total area of the accessory buildings and main building shall not exceed the permitted building area.

ADULT ENTERTAINMENT ESTABLISHMENT

Accessory buildings shall conform to all requirements of a normal lot, except that the structure lines shall not be closer to the street side of the corner than the building line of the main building or as specifically set forth in the Bulk Schedule.[1]

ACT

The Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975.[2]

ADMINISTRATIVE OFFICIAL

That person or persons designated by the governing body to administer and enforce this chapter.

ADULT BOOKSTORE

A commercial establishment that, as one of its principal business purposes, offers for sale or rental, books, magazines, photographs, newspapers, pictures, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

[Added 2-19-1998 by Ord. No. 98-4]

A commercial establishment, with or without a liquor license, that features topless dancers, go-go dancers, strippers or similar entertainers for viewing by patrons. Food and beverages may be prepared or dispensed as an accessory use to the principal use.

[Added 2-19-1998 by Ord. No. 98-4]

ADULT NOVELTY SHOP

Any business that offers for sale or rent, devises, implements, and other sexual paraphernalia which is designed to sexually stimulate.

[Added 2-19-1998 by Ord. No. 98-4]

ALTERATION

A change or rearrangement in the structural parts or in the existing facilities which alters the use of the building or an enlargement, whether by extension of a side or by increasing in height or by moving from one location or position to another. The addition or expansion of dormers is to be considered an enlargement.

APPLICANT

A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to § 25 or § 27 of the Act.[3]

APPROVING AUTHORITY

The Planning Board of the municipality, unless a different agency is designated by this chapter, when acting pursuant to the authority of the Act.

BASEMENT

A story partly underground and having more than 1/2 of its height above the average level of the finished grade at the front of the building.

BILLBOARD

Includes any sign used to identify the product made or the activity being pursued by an individual, service, business, commercial or industrial enterprise for the purpose of appraising the public of the locations of such enterprise and/or type of activity in which it is engaged.

BOARDINGHOUSE

Any dwelling in which more than four persons, either individually or as families, are housed or lodged for hire in one dwelling unit, with or without meals, provided that, where the management provides all persons so lodged or housed with a regular and accredited course of instruction or with medical and/or nursing services under state supervision, said dwelling shall not be construed to be a boardinghouse. A rooming house or a furnished rooming house shall be deemed a boardinghouse.

BUFFER AREA

A solid and continuous landscaped screening area, planted and maintained, consisting of massed trees and shrubs of such species and size as will produce a sufficient density to obscure throughout the full year automobile headlight glare, site noise, etc., as well as to create an aesthetically pleasing and attractive view to mask or obscure the use, function or structure located upon the site. Such area may contain fences, underground utilities and earth berms, but shall not include any principal or accessory building or use, parking areas and aisles or storage areas, except that driveways providing access from the street onto the site and which extend through a front yard buffer may be included. Approved signs may also be placed in a required buffer.

[Amended 2-19-1998 by Ord. No. 98-4]

BUILDING

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

BUILDING AREA

The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings, excluding protruding cornices, eaves, gutters or chimneys.

BUILDING HEIGHT

The vertical distance measured from the curb level to the highest point of a building, excluding structures wholly or partly above the roof as specified herein. Where no curb elevation has been established or where excessive slope conditions exist or where a front yard of 25 feet in depth or more is provided, then in no case shall the grade from which the measurements are to be made exceed the average level of the land immediately adjacent to the building prior to any excavation or fill.

BUILDING LINE

A line formed by intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.

BUILDING PERMIT

The permit issued by the Construction Code official to insure that the structure complies with the Uniform Construction Code, this chapter, and other state, county and local ordinances applicable to the construction itself, upon payment of the fees required by Borough ordinances.

[Added 2-19-1998 by Ord. No. 98-4]

BUILDING, PRINCIPAL

A building or use in which is conducted the main or principal use of the lot on which said building is situated.

BULK

The term used to describe the size and mutual relationships of buildings and other structures and therefore includes:

The size of buildings and other structures.

The shape of buildings and other structures.

The location of exterior walls of buildings and other structures in relation to lot lines, to the center lines of streets, to other walls of the same building and to other buildings or structures.

CERTIFICATE OF ZONING COMPLIANCE

All open spaces relating to a building or structure.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or a major construction project.

CARTWAY

The section of a street, road or highway right-of-way, located between the curblines, which is normally used by vehicular-type traffic, commonly known as the "paved areas of the street."

CELLAR

A story wholly or partly below immediate grade or curb level and having more than 1/2 its height, measured from floor to ceiling, below immediate grade or curb level at the front of the building.

A statement issued by the administrative official upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Board of Adjustment or Planning Board, as the case may be, and/or all other applicable requirements.

CHILD-CARE CENTER

An institution offering the provision of supplemental parental care and supervision for unrelated children, on a regular basis during part or all of the day, under license by the New Jersey Department of Human Services. The term "child-care center," as used herein, includes the terms "infant-care center," "day nursery," "day-care center," "nursery school," or similar.

[Added 2-19-1998 by Ord. No. 98-4]

CHURCH

A building or group of buildings, including customary accessory buildings, designed or intended for public worship and religious instruction, meeting rooms and recreation facilities appurtenant thereto. For the purposes of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples, synagogues and similar designations, as well as parish houses, convents and such accessory uses.

CIRCULATION

Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

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 SHOPPING CENTER

An integrated development of such uses as, by way of illustration, retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and auditoriums, housed in an enclosed building or buildings and utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities.

COMPLETE APPLICATION

An application form completed as specified by ordinance and the rules and regulations of the Planning Board or Zoning Board of Adjustment, and all accompanying documents required by ordinance for approval of the application for development.

[Added 2-19-1998 by Ord. No. 98-4]

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance and upon the issuance of an authorization therefor by the Planning Board.

CORNER LOT

A lot at the junction of and fronting on two or more intersecting streets.

COURT

An open, unoccupied space either on the ground or above, excepting the roof, and not a front yard, side yard or rear yard, and bounded on at least two sides by a building on the same lot.

COVERAGE LOT

The ratio of the total ground floor area of buildings and structures to the total area of the lot, expressed as a percentage.

CURB LEVEL

For any building or other structure or for any portion thereof, the level of the curb at the center of the front of such building, other structure or portion thereof. However, where a building or other structure faces on more than one street, the curb level is the average of the levels of the curbs at the center of the front on each street.

Where no curb elevation has been established, the mean level of the land immediately adjacent to the building or other structure, prior to any excavation or fill, shall be considered the curb level unless the Building Inspector or Municipal Engineer shall establish such curb level or its equivalent. When an open space in front of any building, other structure or portion thereof is above the curb level and also extends for a depth of five feet along the entire frontage of the zoning lot on any street, the level of such open space shall be considered the curb level of the established curb in front of the building, other structure or portion thereof, measured at the center of such front.

DWELLING, GARDEN APARTMENT

Where buildings or other structures, exclusive of space used only for accessory off-street parking, occupy 35% or less of the area of the zoning lot, the owner may elect to substitute for the curb level any legitimate grade within such zoning lot.

DAYS

Calendar days.

DETENTION BASIN

Those areas which exist or are created for the temporary storage of stormwater and controlled discharge of this water to a receiving drainage system.

[Added 2-19-1998 by Ord. No. 98-4]

DEVELOPER

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

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.

DEVELOPMENT REGULATION

The adopted Development Ordinance of the Borough of Carteret, including the components of a Zoning Ordinance, Subdivision Ordinance and Site Plan Ordinance, and being the municipal regulation of the use and development of land, or amendments thereto.

DISTRICT or ZONE

Any portion of the territory of the Borough of Carteret within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

[Added 2-19-1998 by Ord. No. 98-4]

DIVISION

The Division of State and Regional Planning in the Department of Community Affairs.

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 means necessary for water supply preservation or prevention or alleviation of flooding.

DWELLING, ATTACHED

One dwelling unit in a line of two or more structurally joined dwelling units, with each dwelling unit extending from the ground to the roof, having individual access, with open space in front and rear.

DWELLING, DETACHED

A building surrounded by open space on the same zoning lot.

One or more multiple-family buildings with dwelling units located one above the other, but not to include more than two such units and side-to-side units, containing off-street parking, landscaped areas and other appurtenant facilities as more fully required herein.

[Added 2-19-1998 by Ord. No. 98-4]

DWELLING, MULTIFAMILY

A building containing three or more dwelling units, including units that are located one over the other.

[Amended 2-19-1998 by Ord. No. 98-4]

DWELLING, ONE-FAMILY

A detached building and dwelling unit used, designed for or occupied exclusively by one family only, living as a single nonprofit housekeeping unit. A trailer or mobile home is not a dwelling.

DWELLING, TOWNHOUSE

A one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls.

[Added 2-19-1998 by Ord. No. 98-4]

DWELLING, TWO-FAMILY

A building occupied or intended for occupancy as separate living quarters for not more than two families, with separate access, cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls to the underside of the roof or by horizontal floors; also referred to as "duplex dwelling."

[Amended 2-19-1998 by Ord. No. 98-4]

DWELLING UNIT

One or more rooms occupied or intended for occupancy as separate living quarters by one family or household, provided that access is directly from the outside or through a common hall and that cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants.

[Amended 2-19-1998 by Ord. No. 98-4]

ELEEMOSYNARY AND CHARITABLE INSTITUTIONS

The same as philanthropic uses.

[Added 2-19-1998 by Ord. No. 98-4]

ENVIRONMENTAL COMMISSION

A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).

EROSION

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

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities, or a municipal or other government agency, of electrical, gas, water transmission or distribution systems or collection, communication, water supply or sewage treatment and collection systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies for the public health, safety or general welfare, but not including buildings.

[Added 2-19-1998 by Ord. No. 98-4]

FAMILY

Any number of persons related by blood, marriage or adoption or living together as a single housekeeping unit.

[Amended 2-19-1998 by Ord. No. 98-4]

FENCE

An artificially constructed barrier erected for the enclosure of yard areas. Said "fence" shall not exceed six feet in height, except in industrial zones. In residential zones, an open-mesh fence may be erected around tennis courts to a height not to exceed 12 feet.

FILLING STATION

Any establishment supplying and selling for profit gasoline or other motor fuel or oil direct to motor vehicles from a pump located outside a building on a private property. A filling station may include a convenience store.

[Amended 6-16-2011 by Ord. No. 11-13]

FILLING STATION CANOPY

A filling station canopy is a permanent, unenclosed roof structure erected for the purpose of sheltering station attendants and customers, motor vehicles, fuel pumps and fuel pump islands from the weather.

[Added 6-16-2011 by Ord. No. 11-13]

FINAL APPROVAL

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

FINAL PLAT

The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.

FLOOD FRINGE

That portion of the flood hazard area outside of the floodway.

FLOOD HAZARD AREA

The rivers or other watercourses and adjacent land areas subject to inundation, as defined by the New Jersey Department of Environmental Protection and Energy, in the case of the design flood. These areas include but are not necessarily limited to the floodway and flood fringe areas as delineated on the Flood Insurance Study for the Borough of Carteret, with accompanying Flood Insurance Rate Maps and Flood Boundary Maps prepared by the Federal Emergency Management Agency.

[Amended 2-19-1998 by Ord. No. 98-4]

FLOODPLAIN

The same as the flood hazard area.

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. This shall constitute the portions of the floodplain needed for the passage of the floodway design flood without an appreciable rise in the water surface profile.

FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exteriors walls or from the center line of walls separating two buildings.

The floor area of a building or buildings shall include:

Floor space used for mechanical equipment with structural headroom of seven feet six inches or more.

Attic space where a floor has actually been laid, providing structural headroom of seven feet six inches or more.

Interior balconies and mezzanines.

Enclosed porches.

However, the floor area of a building shall not include:

Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.

Elevator and stair bulkhead, accessory water tanks and cooling towers.

Floor space used for mechanical equipment, with structural headroom of less than seven feet six inches.

Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.

Uncovered steps.

(f)

Terraces, breezeways and open porches.

(g)

Accessory off-street parking spaces.

FLOOR AREA RATIO

The floor area of the building or buildings on any zoning lot divided by the area of that zoning lot, all in square feet.

GARAGE, PRIVATE

A building or space accessory to the principal building which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

GARAGE, PUBLIC

Any garage other than a private garage, available to the public, operated for gain and which is used for the equipping, adjusting, storage, rental, repair, inspecting, greasing, washing, polishing or other cleaning, maintenance and servicing of automobiles or other motor vehicles, including the supply of gasoline or oil or other fuel for the vehicular propulsion. This term shall include gasoline filling and motor vehicle service stations and all gasoline and oil pumps maintained in conjunction therewith but shall not be construed to include motor vehicle showrooms for new or used motor vehicles.[4]

GRADE, FINISHED

The completed surfaces of lawns, walks and roads brought to grades as shown on municipally reviewed plans or designs conforming to established municipal standards.

GROSS FLOOR AREA

The sum of the gross horizontal areas of the floor or several floors of a building enclosed, measured between the inside face of exterior walls or from the center lines of walls separating two units, having a clear ceiling height of four feet, but no more than 10% of the floor area shall have a ceiling height less than the prescribed ceiling height for the type of building concerned in the Building Code.[5] Any cellar, basement, garage space or accessory building is not to be included in computing gross floor area.

GROSS LOT AREA

An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

HISTORIC SITE

Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so determined.

HOME OCCUPATION

An occupation or a profession which:

Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit;

Is carried on by a member of the family residing in the dwelling unit for residential purposes;

Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and

Conforms to the following additional conditions:

The occupation or profession shall be carried on wholly within the principal building, or within a building or other structure accessory thereto, but limited to no more than 1/4 of the total gross floor area of the building.

Not more than two persons outside the family shall be employed in the home occupation.

There shall be no exterior display, no exterior sign (except as permitted under § 160-113, Signs), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal buildings.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

A home occupation may be open to the public between 8:00 a.m. and 8:00 p.m. but shall not be open on Sundays and legal holidays.

[Added 2-19-1998 by Ord. No. 98-4]

Includes the following and other clearly similar type uses:

[Added 2-19-1998 by Ord. No. 98-4]

Musical, voice, dance, acting, art and tutoring limited to one pupil at a time.

Studio art, painting, graphics and drafting.

Typing resume service and other related services.

Newspaper routes.

Home office of the resident of the premises.

Prohibits the following and other clearly similar type uses:

[Added 2-19-1998 by Ord. No. 98-4]

Medical and dental offices.

Barbershops and beauty parlors.

Catering and delivering services.

Fortune-telling parlors.

LOADING SPACE or LOADING AREA

Boarding homes, bed-and-breakfast or tourist homes offering lodging on a temporary basis.

(f)

Music and dancing schools.

(g)

Motor vehicle and lawn motor repairs.

HOSPITAL

A centralized facility providing comprehensive medical, surgical, diagnostic, nursing and medical-education services for the ill or injured temporarily lodged or periodically treated therein.

HOTEL

A building containing rooms used, rented or hired out to be occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or as an accessory building.

IMPERVIOUS COVERAGE

Any material which reduces or prevents absorption of stormwater into land and which reduces percolation to a rate slower than 120 minutes per inch.

[Added 2-19-1998 by Ord. No. 98-4]

IMPROVED LOT COVERAGE

The percentage of lot area which is improved with principal and accessory buildings, structures and uses, and including but not limited to driveways, tennis courts, parking areas, garages, walkways, patios, loading areas, hard surfaces or other man-made improvements. Detention or retention basins shall be excluded from such calculations, provided that the same is constructed of natural materials.

[Added 2-19-1998 by Ord. No. 98-4]

INTERESTED PARTY

In the case of civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or under any other law of this state or of the United States or whose rights have been denied, violated or infringed by an action or a failure to act under this chapter.

JUNKYARD

An area or structure used for the collection, storage, buying, trading or abandonment of any refuse and/or discarded material or the dismantling, demolition, salvaging, or abandonment of machinery and/or motor vehicles. This definition shall not include resource recovery, conservation, recycling and industrial processing of waste materials, whereby the temporary storage of materials is undertaken while awaiting recovery processing. This definition also excludes the deposit of domestic, commercial, industrial or sanitary waste or garbage within or on a municipally approved site.

LABORATORY

A structure or room equipped for conducting scientific experiments, analyses, examinations, research, testing and/or other experimental technical work.

LAND

Includes improvements and fixtures on, above or below the surface.

An off-street space or berth on the same lot with a building or a group of buildings, for temporary parking of a commercial vehicle while loading or unloading materials or equipment.

[Added 2-19-1998 by Ord. No. 98-4]

LOT

A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law, and to be used, developed or built upon as a unit.

[Amended 2-19-1998 by Ord. No. 98-4]

LOT AREA

The total horizontal area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public right-of-way shall not be included in calculating lot area.

LOT DEPTH

The mean distance between its mean front line and its mean back lot line.

LOT FRONTAGE

The portion nearest the street or coexistent with a street right-of-way and being the portion of the lot to be used as the front of the lot and front yard. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definitions of "yards" in this section. In odd-shaped or triangular-shaped lots, the length of frontage may be considered to be 50% of the required lot width provided at the street right-of-way line.

LOT LINE, FRONT

Any lot line sharing commonality and coexistent with a street right-of-way line. All lot lines coincident with street right-of-way lines shall be considered front lot lines.

LOT LINE, REAR

Any lot line, other than a street line, which is parallel to the front line or within 45º of being parallel to the front lot line. A rear lot line shall also include any lot lines on an offset to a through lot which constitutes the rear lot line of an adjacent zoning lot.

LOT LINE, SIDE

Any lot line which is not a front lot line or a rear lot line.

LOT OF RECORD

Any lot which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT WIDTH

The horizontal distance between straight lines connecting front and rear lot lines at each side of the lot, measured parallel or nearly so to the front and rear lines so determined and across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street right-of-way line) shall not be less than 80% of the required lot width, except in the case of lots on the turning circle of culs-de-sac, where a requirement of 50% shall apply.

LOT, ZONING

For zoning purposes, as covered by this chapter, a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street and shall be only the lands designated as the tract to be used, developed, occupied or built upon and may consist of:

A single lot of record.

A portion of a lot of record.

A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record.

A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

MAINTENANCE GUARANTY

Any security, other than cash, which may be adopted for the maintenance of any improvements required by this chapter.

MAJOR SITE PLAN

Any site plan not defined as minor.

MAJOR SUBDIVISION

All subdivisions involving any multiple dwellings, garden apartments or two or more acres and all other subdivisions not classified as minor subdivisions.

MANUFACTURING

The treatment or processing of raw products and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the Act.[6]

MINOR SITE PLAN

A site plan for a development or building alteration requiring fewer than 10 parking spaces as required in this chapter, containing less than 2,500 new or additional square feet of floor area, or less than 5,000 square feet or 15,000 square feet for storage tanks in an industrial zone, and not having more lot coverage than as per in the Bulk Schedule.[7]

MINOR SUBDIVISION

A subdivision which shall meet the following requirements:

It shall contain not more than three lots.

It shall have frontage on an existing street.

It shall not involve any new street or road or the extension of municipal facilities.

It shall be less than two acres.

It shall not adversely affect the development of the remainder of the parcel or adjoining property.

MULTIFAMILY HOUSING DEVELOPMENT

It shall not be in conflict with any provisions or portions of the Master Plan, Official Map, Zoning Article or this chapter.

MOTEL

A series of rental units, with individual entrances from the building to each unit, operated as a single business for the purpose of providing lodging to transient guests. An office and single dwelling unit may be provided in conjunction with operation of a motel.

A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.

[Added 3-8-1994 by Ord. No. 94-9]

MUNICIPALITY

The Borough of Carteret.

NONCONFORMING BUILDING

A building which, in its design or location upon a lot, was lawful prior to the adoption, revision or amendment of the Zoning Ordinance,[8] but fails to conform to the regulations of this chapter for the zone in which it is located by reason of such adoption, revision or amendment.

[Amended 4-19-1990 by Ord. No. 90-16]

NONCONFORMING LOT

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

NONCONFORMING STRUCTURE

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

NONCONFORMING USE

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

OCCUPANCY

The specific purpose for which land or a building is used, designated or maintained or intended to be used, designated or maintained.

OFFICIAL MAP

A map adopted by ordinance pursuant to Article 5 of the Act.[9]

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 contiguous portion of a street or right-of-way.

OFF-STREET PARKING SPACE

An off-street parking area for passenger vehicles, including the storage area of each vehicle and necessary maneuvering area of each vehicle. Space for maneuvering incidental to parking or unloading shall not encroach upon any public way. Every off-street parking facility shall be accessible from a public way.

OFF-TRACT

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

ON-SITE

Located on the lot in question.

ON-TRACT

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

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," provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

PARCEL

One or more lots or parts thereof.

PARKING LOT

An open unenclosed area used for the storage of any type of vehicle, which area is available to the general public or specific users, operated with or without a fee, and which area is not directly operated as a required accessory use incidental to an active permitted principal use. Any parking lot not operated as a required accessory use to an active permitted principal use shall be deemed a conditional use under this chapter.

PARKING SPACE

An off-street space available for the parking of a motor vehicle.

PARTY IMMEDIATELY CONCERNED

For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice.

PATIO

A level, landscaped, and/or surfaced area directly adjacent to a principal building, which will be no more than one step up, as defined by BOCA, at its maximum distance from the finished grade. Such structures which are more than one step up, as defined by BOCA, shall be considered a deck.

[Added 2-19-1998 by Ord. No. 98-4]

PERFORMANCE GUARANTY

Any security which may be accepted by the municipality, including cash, provided that the municipality shall not require more than 10% of the total performance guaranty in cash.

PERFORMANCE STANDARD

A criterion established to control noise, odor, smoke, toxic or nontoxic matter, vibration, fire and explosion hazards, glare or heat generated by or inherent in uses of land or buildings.

[Added 2-19-1998 by Ord. No. 98-4]

PHILANTHROPIC USES

Those active services or functions exclusively devoted to the active effort to promote human welfare, maintained or supported by act or gift or organized distribution of funds.

PLANNING BOARD

The Planning Board established pursuant to Section 14 of Chapter 291 of Laws of 1975.[10]

PRELIMINARY APPROVAL

The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.

PRELIMINARY PLAT

The preliminary map indicating the proposed layout of the subdivision which is submitted for Planning Board consideration and tentative approval and the requirements of this chapter.

PREMISE

A lot containing a building or structure.

PROFESSIONAL OFFICE

The office of a member of a recognized profession. When conducted in a residential district, a professional office shall be incidental to the residential occupation, be conducted by a member of the residential family entirely within a residential building and include only the offices of doctors or physicians, veterinarians, dentists, optometrists, ministers, architects, professional engineers, lawyers, artists, authors, musicians and other similar professional occupations which may be so designated by the Zoning Board upon findings by the Board that the occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of the occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to a greater extent than for the professional activities herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.

PROFESSIONAL OFFICE/HOME

The office, studio or occupational room of a physician, surgeon, dentist, architect, artist, musician, professional engineer, lawyer or similar person arranged in order that:

Such use is conducted entirely within a dwelling which is a bona fide residence of the principal practitioner.

No other persons are engaged in the occupation except not to exceed two employees.

Such use does not occupy more than 25% of the net livable floor area of the dwelling.

PROPERTY LINE

A lot or parcel line that defines the limits of ownership.

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas.

Other public open spaces.

Scenic and historic sites.

PUBLIC DEVELOPMENT PROPOSAL

Sites for school and other public buildings and structures.

A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, 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 channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, state or county agency or other public body for recreational or conservational uses.

QUASI-PUBLIC

Facilities such as but not limited to religious organizations, veterans organizations, fraternal organizations and other institutions or organizations of similar type but not necessarily belonging to the aforementioned categories.

QUORUM

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

RESEARCH, EXPERIMENTAL AND TESTING LABORATORIES

An establishment or other facility for copying or investigation in the natural, physical or social sciences, or engineering, and development as an extension of investigation with the objective of creating end products.

[Added 2-19-1998 by Ord. No. 98-4]

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

RESTAURANT

Any establishment, however designated, regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of foods for its customers and in which no other business, except such as is incidental to such establishment, is conducted. However, a snack bar at a public or community recreational facility operated solely by the public agency controlling the recreation facility for the convenience of the patrons of the facility, shall not be deemed a restaurant for purposes of this chapter.

RESTAURANT, DRIVE-IN

An establishment where patrons are served prepared foods, soft drinks, ice cream and similar confections for principal consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

RESUBDIVISION

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or

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

RETAIL SHOPPING CENTERS

Integrated commercial developments consisting of such uses as retail stores and shops, personal service establishments, department stores, professional and business offices, banks, post offices, restaurants, theaters, and auditoriums housed in an enclosed building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space, utilities and sanitary facilities and other necessary and appropriate accessory uses, subject to and in conformance with the regulations cited herein.

[Added 2-19-1998 by Ord. No. 98-4]

RETAIL STORE

An establishment with a primary purpose of the sale of goods or articles individually or in small quantities directly to the consumer.

RETAIL TRADE

An establishment engaged in selling goods or merchandise to the general public and rendering services incidental to the sale of such goods.

[Added 2-19-1998 by Ord. No. 98-4]

RETENTION BASIN

Those areas which exist or are created for the storage of stormwater and absorption of this water into the ground.

[Added 2-19-1998 by Ord. No. 98-4]

RIGHT-OF-WAY

The horizontal and vertical area delimited by a line coexistent with the property line of other lands or rights-of-way. Such lands may be of public holding for a road or highway or public utility use or private holding for the location of private, commercial, collective or distributive provision of utilities.

SATELLITE DISH ANTENNA

A parabolic or dish-shaped antenna or any other apparatus or device that is designed for the purpose of receiving radio waves.

[Added 2-19-1998 by Ord. No. 98-4]

SCHOOL

A public, parochial or private nursery, elementary, secondary, college or university educational institution offering a diploma or degree subject to regulations prescribed by the State of New Jersey, Department of Education, supported in whole or part by public funds and nonprofit quasi-public agencies.

SEDIMENTATION

The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SERVICE ESTABLISHMENTS

Service establishments shall include the following:

[Added 2-19-1998 by Ord. No. 98-4]

BUSINESS SERVICESEstablishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, employment services, management and consulting services, development and testing, photo-finishing, copying and supply services.

PERSONAL AND HOUSEHOLD SERVICESEstablishments primarily engaged in providing personal/household services, including photographic studios, beauty shops, barbershops, shoe repair, clothing repair and rental shops; on-premises repair of small household appliances; and instructional classes limited to dance, karate and similar activities, music and ceramic classes; provided, however, that mortuary services and dry-cleaning establishments are specifically excluded.

SHOPPING CENTER

A regionally oriented group of integrated developments devoted to retail, service and entertainment activities housed in an enclosed building or buildings and utilizing such common facilities as customer and employees parking areas, pedestrian walk areas, utilities, loading and unloading space, common open areas and such other appropriate necessary and appropriate accessory uses.

SIGHT TRIANGLE

A triangular area abutting two intersecting streets where vision is unobstructed. The sight triangle is formed by the intersecting street side lines and a line connecting a point on each side line a set distance from the intersection.

SIGN

Any structure or part thereof or device or object attached thereto or painted or represented thereon, either permanently or temporarily fixed or portable, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement. For the purpose of this chapter, the word "sign" does not include the flag, pennant, or insignia of any nation, state or city. An advertising sign is a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same zoning lot. A "for sale" or "to let" sign relating to the zoning lot on which it is displayed shall be deemed a "business sign." All political signs, seasonal signs or signs advertising bazaars, fairs, circuses, carnivals, etc., or other occasional signs shall be displayed not more than 60 days prior to nor more than 10 days subsequent to the election, seasonal event or occurrence advertised and shall not exceed four feet by four feet. Responsibility for the removal of such political, seasonal or occasional signs shall be that of the person, firm, corporation, organization or activity advertised.

SIGN AREA

The area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said signs.

SITE PLAN

A development plan of one or more lots on which is shown details required pursuant to this chapter in order to make an informed determination pursuant to the review and approval of site plans by the Planning Board pursuant to Article 6 of the Act.[11]

SKETCH PLAT

A map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification of the application.

STANDARDS OF PERFORMANCE

Standards:

Adopted by ordinance regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening and unsightly objects or conditions and such other similar matters as may be reasonably required; or

Required by applicable federal or state laws or other municipal ordinances.

STORY

That part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. 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. Any 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, and, if less than two feet below the top plate, it shall be counted as a half story.

STORY, HALF

That portion of a building under a 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. A cellar shall also be included as a half story.

STREET

Any road, avenue, street, lane, boulevard, alley or other way set aside or commonly used for access to abutting property, improved or unimproved. Such common ways shall have been duly inspected, approved, accepted and recorded and dedicated to the public use.

STREET LINE

That line determining the limit of the rights of the public, either existing or contemplated. Where a definite right-of-way width 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.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

SUBDIVISION

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

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

Divisions of property by testamentary or intestate provisions.

Divisions of property upon court order.

Conveyances so as to combine existing lots by deed or other instrument.

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

TAVERN

A place of business where the principal use or function is the selling of alcoholic beverages, and, incident thereto, the retail sale or consumption of food is permitted.

THROUGH LOT

An interior lot which runs unobstructed from one street to another.

TOWER APARTMENT

A building not less than three stories above the curb level nor more than seven stories above the curb level, providing at least one elevator for the first eight stories and further providing at least two elevators for any building nine stories or more above curb level.[12]

USABLE OPEN SPACE

Includes only that part of the ground area of a residential zoning lot:

Which is devoted to outdoor recreational space, greenery and service space for household activity (such as clothes drying) which is normally carried on outdoors;

Which conforms to the minimum dimension prescribed for the appropriate district;

Which is not devoted to private roadways open to vehicular transportation, accessory off-street parking space or accessory off-street loading berths;

In which there are no structures on the ground, except structures which impose only very limited restrictions, such as fire escapes, flagpoles, etc.;

Which is unobstructed between the permitted level of the rear yard and the sky;

Which, when above grade, is safe and adequately surfaced and protected; and

(7)

Which is accessible and available at least to all occupants of dwelling units for whose use the space is required.

USE

The term employed to refer to any purpose for which buildings, other structures or land may be maintained or occupied, arranged, designed or intended; and any occupation, business, activity or operation carried on, or intended to be carried on, in a building or other structure or on land; or a name of a building, other structure or tract of land which indicates the purpose for which it is arranged, designed, intended, maintained or occupied.

VARIANCE

Permission to depart from the literal requirements of the Zoning Ordinance pursuant to Section 47 and Subsections 29.2b, 57c and 57d of the Act.[13]

WAREHOUSE

A building used primarily for the storage of goods and/or materials.

[Added 2-19-1998 by Ord. No. 98-4]

WETLANDS

Those areas that are inundated by surface or ground water with a frequency sufficient to support and, under normal circumstances, that do or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. "Wetlands" include but are not limited to swamps, marshes, bogs and similar areas such as slough, potholes, wet meadows, river overflows, mud flats and natural ponds. "Wetlands" shall include but not be limited to those shown on the United States Department of Interior wetlands maps or similar maps published by the New Jersey Department of Environmental Protection.

[Added 2-19-1998 by Ord. No. 98-4]

YARD, FRONT

An open space extending the full width between side lot lines across the front of a lot between the street line and the front line of the building projected to the side lines of that lot, left unoccupied.

In any required front yard, except in industrial zones, no fence or wall shall be permitted which materially impedes vision across such yard above the height of three feet, and no hedge or other vegetation shall be permitted which materially impedes vision across such front yard.

[Amended 2-19-1998 by Ord. No. 98-4]

In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard patterns, the administrative official may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front yard of the depth required for front yards in the district shall be provided on the other frontage.

In the case of reversed-frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of the depth required for front yards in the district shall be provided on the other frontage.

In the case of corner lots with more than two frontages, the administrative official shall determine the front yard requirements, subject to the following limitations:

At least one front yard shall be provided having the full depth required in the district.

No other front yard on such lot shall have less than the full depth required.

Depth of required front yards shall be measured at right angles to a straight line adjoining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear front yard lines shall be parallel. No storage of vehicles shall be permitted upon this open, front yard area.

YARD, REAR

An open space extending across the full width of the rear of the lot between inner side yard lines.

In the case of through lots and reversed-frontage corner lots, there will be no rear yard.

In the case of corner lots with normal frontage, the rear yard shall extend from the inner side yard line of the side yard adjacent of the interior lot to the rear line of the front yard.

Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the building and the rearmost point of the side lot lines. The forward rear yard line of a required rear yard shall be parallel to the straight line so established.

YARD, SIDE

An open space extending from the rear line of the required front yard to the rear lot line.

In the case of through lots, side yards shall extend from the rear lines of the front yard required.

In the case of corner lots with normal frontage, there will be only one side yard, adjacent to the interior lot.

In the case of corner lots with reversed frontage, the yards remaining after the full depth front yards have been established shall be considered to be side yards.

Width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight line so established.

ZONING OFFICER

The Building Inspector or such other official as may be designated and appointed by the governing body.

ZONING 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