A.Â
Words used in the present tense include the future
tense.
B.Â
Words used in the singular include the plural, and
conversely words used in the plural include the singular.
C.Â
The word "shall" is always mandatory.
D.Â
The word "lot" includes the word "plot" or "premises."
E.Â
The word "used" includes the words "intended to be
used," "designed to be used" or "arranged to be used."
F.Â
The word "occupied" includes the words "intended to
be occupied," "designed to be occupied" or "arranged to be occupied."
G.Â
The word "person" includes a corporation as well as
an individual.
H.Â
The word "demonstrate" means to provide such visual,
written, or oral information as will enable the designated reviewing
agency or board to ascertain the scope and nature of a proposed use
or operation, and to render an informed opinion or decision thereon.
[Amended 12-13-2005 by Ord. No. 2005-27; 8-8-2006 by Ord. No. 2006-12; 12-29-2006 by Ord. No. 2006-22; 10-27-2009 by Ord. No.
2009-12; 2-22-2011 by Ord. No. 2011-1; 5-24-2016 by Ord. No. 2016-18; 5-24-2016 by Ord. No. 2016-21; 1-8-2019 by Ord. No. 2018-24; 6-9-2020 by Ord. No. 2020-05; 2-23-2021 by Ord. No. 2021-01]
As used in this chapter, the following terms shall have the
meanings indicated:
The relinquishment of property, or cessation of the use of
the property, by the owner or lessee without any intention of transferring
rights to the property to another owner or of resuming the use of
the property.
A dwelling unit with a separate means of ingress and egress
containing separate kitchen, bathroom, and sleeping facilities, that
is physically attached to or contained within an existing single-family
house.
An additional dwelling unit located on the same lot and having
an independent means of access.
A structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or use.
A use of land or of a building or a portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use.
An unintentional hazard event (usually, but not necessarily
a natural event) that is no fault of the owner of the property damaged
or destroyed by the hazard event.
The Clerk of the municipality, unless a different municipal
official or officials are designated by ordinance or statute.
A service roadway providing a secondary means of access to
abutting property and not intended for general traffic circulation.
Any change or rearrangement in supporting members of an existing
building, such as bearing walls, columns, beams, girders, ceilings,
or interior partitions, as well as any change in doors, windows, or
means of ingress or egress; or the addition of heat to any unconditioned
building, or any enlargement to or diminution of a building or structure,
whether horizontally or vertically; or the moving of a building or
structure from one location to another.
A room or suite of rooms, including complete kitchen facilities,
toilet, bathing and washing facilities, and living space that is designed
or intended to be used as a single dwelling unit. The dwelling unit
may be individually owned or all dwelling units in a building may
be commonly owned and rented. If owned individually, the building
common areas and facilities shall be owned by all the owners on a
proportional undivided basis.
Any person, firm, partnership, corporation, or public agency
submitting an application for development.
The application form and accompanying documents and exhibits
required of an applicant by an approving authority for development
review and approval purposes.
A plan that has been granted final approval by the appropriate
approving authority.
The Planning Board or the Zoning Board of Adjustment of the
Borough of Bradley Beach, unless a different agency is designated
by ordinance when acting pursuant to the authority of this chapter.
Accurate and precise drawings of post-construction site features
and characteristics, including all buildings, structures, infrastructure,
boundaries, and natural features.
That person or persons to whom townhouse lots and structures
are conveyed and those that will by formal agreement as between them
form an association together with the owner or developer for the purpose
of the preservation and maintenance of the common lands and/or facilities
heretofore defined.
A roof-like cover that projects from the wall of a building
for the purpose of shielding a doorway or window from the elements.
Any deflector device used to change the direction or the
flow of water, sewage, products of combustion, sound waves, air, or
illumination.
An exterior covered or uncovered platform structure, enclosed
by a railing, that sits over a portion of the footprint of the first
or second floor of the dwelling below.
A space having no more than one half of its floor-to-ceiling
height above the average level of the adjoining finished grade and
with a floor-to-ceiling height of not less than seven feet.
A residential home providing sleeping or dwelling accommodations
to transient guests.
A private room of at least 70 square feet, planned and intended
for sleeping, including a closet, a window, separated from other rooms
by a door, and accessible to a bathroom without crossing another bedroom.
The area bounded by one or more streets or a municipal boundary as shown on the Borough Tax Map and being of sufficient size to accommodate a lot or lots of the size required by Chapter 450, Zoning.
A rooming house in which meals are served, excluding hotels.
The Zoning Board of Adjustment of the Borough of Bradley
Beach.
A landscaped area designed to act as a visual screen between
a potentially unsightly or otherwise undesirable or incompatible use
and adjacent properties.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing, or enclosure of any individual,
animal, process, equipment, goods, or materials of any kind and intended
for the use in one place.
The total of areas taken on a horizontal plane at the main
grade level of the principal building, accessory buildings, and other
roofed areas and overhangs, but excluding uncovered porches, terraces,
patios, decks and steps at height less than the highest first finished
floor.
See "coverage, building."
The vertical distance from adjacent grade to the lowest point
of the roof, or a point 24 inches offset from the facade of the building,
whichever is higher.
The area encompassed by a building's outer wall at ground
level.
The vertical distance measured from the average finished
grade surrounding the building to the highest point of the roof. Unnatural
and/or structural alterations to the topography of a property to achieve
a greater peak elevation of a structure shall not be permitted.
A line formed by the intersection of a horizontal plane and
a vertical plane that coincides with the most projected exterior surface
of the building. All yard requirements are measured to the building
line.
A structure or building, the size, dimension or location
of which was lawful prior to the adoption, revision or amendment of
the zoning ordinance but that fails by reason of such adoption, revision,
or amendment to conform to the present requirements of the zoning
ordinance.
A building in which is conducted the main or principal use
of the site on which it is situated.
Standards applying to individual lots that control the placement,
intensity, and character of development and include the amount of
open space on the lot, the height of structures, setbacks from property
lines and public rights-of-way, impervious coverage, floor area ratio,
and density.
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
[Added 6-9-2021 by Ord. No. 2021-13]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
[Added 6-9-2021 by Ord. No. 2021-13]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 6-9-2021 by Ord. No. 2021-13]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers.
[Added 6-9-2021 by Ord. No. 2021-13]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 6-9-2021 by Ord. No. 2021-13]
A space with less than one half of its floor-to-ceiling height
above the average finished grade of the adjoining ground and has a
floor-to-ceiling height of less than seven feet.
A watercourse with a definite bed and banks that confine
and conduct continuously or intermittently flowing water.
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.
Open space area within or related to a site designated as
a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
An application for development completed as specified by
ordinance and the rules and regulations of the approving authority
and the provisions of all required documents.
A schematic or conceptual design for land development, prepared
for informal review purposes that carries no vesting rights or obligations
on any party.
A use permitted in a particular zone when it is shown that
such use in a specific location will comply with all the conditions
and standards for the location and/or operation of the use as specified
in the Land Development Ordinance and authorized by the Planning Board.
The community association that administers and maintains
the common property and common elements of a condominium.
A requirement that all land development regulations be consistent
with a comprehensive masterplan of the municipality, county, or state.
The removal of lot lines between contiguous parcels.
Next to, abutting, or touching and having a boundary, or
portion thereof, that is coterminous.
Any horizontal member, structural or nonstructural, projecting
outward from the exterior walls at the roofline, including eaves and
other roof overhang.
The ratio on a lot, expressed as a percentage to the total
lot area, of the horizontal building area, measured from the exterior
surface of the exterior walls of the ground floor, of all principal
and accessory buildings, detached garage, garage apartment, second
floor and half-story cantilevers, sheds in excess of 100 square feet,
or a shed of any size that is built over an impervious surface. Shed
foundations of lumber, wood or timber are considered to be pervious.
[Amended 5-11-2021 by Ord. No. 2021-10]
All items as listed in "coverage, building" plus the area
of any impervious surfaces, including, walks, driveways, patios, elevated
decks, decks on grade areas that exceed 5% of lot size, in-ground
private swimming pool area that exceeds 4% of lot size, aboveground
swimming pools, steps, and any other area that has been compacted
or covered with a layer of material so that it is highly resistant
to infiltration by water. The following items are not included in
this calculation:
[Amended 5-11-2021 by Ord. No. 2021-10]
A right-of-way, dedicated to public use, to facilitate pedestrian
access.
A street or portion of a street in which accessibility is
limited to only one point of ingress and egress.
An exterior aboveground, open and uncovered platform structure
without walls, higher than 12 inches above grade attached to a dwelling.
(See also "rooftop deck.")
An exterior open and uncovered platform structure without
walls, 12 inches or lower above grade.
An open exterior covered or uncovered platform structure,
located above the highest finished floor of the dwelling. Rooftop
decks are specifically prohibited.
The number of families, individuals, dwelling units, households,
or housing structures per unit of land.
The total number of dwelling units developed on an area of
land, including the areas dedicated to public access and open space.
The total number of dwelling units which may be developed
on an area of land excluding the areas dedicated to public access
and open space.
A statement accompanying an application to the Planning Board,
Zoning Board of Adjustment, or government agency that covers the main
points of the application concisely, but without overwhelming details,
in a manner that serves to clearly describe the nature of the application
to the Board or agency.
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 any other person
having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or 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.
Any activity involving the clearing, excavating, storing,
grading, filling or transporting of soil or any other activity that
causes soil to be exposed to the danger of erosion or creates a hazard.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope or grade.
A projection from a sloping roof containing one or more windows.
A dormer which encloses the stairwell.
The removal of surface water or groundwater from land by
drains, grading or other means, including provisions to control runoff
to minimize erosion during and after construction or development,
provisions for preserving groundwater supply and provisions for prevention
or alleviation of flooding.
A private roadway providing access to a street or highway.
Any structure or portion thereof designed or used exclusively
as the residence by one or more persons. Hotels, motels, dormitories,
fraternity or sorority houses, rooming and/or boarding houses and
other similar group quarters and institutional living space shall
not be considered a "dwelling" as defined in this chapter.
A structure containing three or more separate dwelling units,
designed for or occupied by three or more families living independently
of one another.
A structure containing one dwelling unit, designed for or
occupied by one family.
A structure containing two separate dwelling units, designed
for or occupied by two families living independently of one another.
A one-family dwelling in a row of at least three such 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 vertical common fire-resistant walls.
Any room or group of rooms within a structure, or portion
thereof, forming a single habitable unit with facilities used or designed
to be used for living, sleeping, cooking, eating and sanitation providing
complete living facilities for one family.
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation, or another person
or entity.
An exterior covered or uncovered platform structure leading
to a first floor dwelling entrance.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A deed, bond, cash, or other security delivered to a third
person or agency and delivered by the third person to the grantee
only upon fulfillment of a condition.
Services and utilities needed for the health, safety, and
general welfare of the community, such as underground, surface, or
overhead electrical, gas, telephone, water, sewerage, and other utilities
and the equipment and appurtenances necessary for such systems to
furnish an adequate level of service for the area in which they are
located.
The exterior portion of a building, exposed to public view.
A natural, or artificially constructed, barrier of any material
or combination of materials erected to enclose, screen, or separate
areas.
The last official action of the approving agency taken on
a development plan that has been given preliminary approval, after
all conditions and requirements of preliminary approval have been
met and either the required improvements have been installed or guarantees
properly posted for their installation, or approval has been granted
subject to the posting of such guarantees.
A staircase installed on the outside of a building that is
fireproof used for evacuating a burning building.
The total enclosed floor area of a building measured from
the exterior face of a structure used for residential purposes or
for business or commercial activities which, in the case of the latter,
includes customer facilities, showcase facilities, storage and sales
facilities. Floor area shall be computed as follows:
Ground-floor area shall be considered as the overall exterior
dimensions of the dwelling exclusive of porches, garages, patios,
basements and cellars.
Second- and third-floor areas shall be considered as floor area
only when the side walls are at least five feet in height over a finished
floor and reach a ceiling height of at least seven feet.
Split-level dwellings shall be considered as one-story or ground-level
dwellings unless a third level is constructed. To be considered a
split-level dwelling, a building shall contain three or more floor
levels, each separated from the adjoining floor level by a vertical
distance of more than one foot three inches but less than seven feet.
The front lot line; that side of a lot abutting a street.
A structure that is accessory to a dwelling use, is used
for the parking and storage of vehicles owned and operated by the
residents thereof, and is not a separate commercial enterprise available
to the general public.
A structure or portion thereof, other than a private customer
and employee garage or private residential garage, used primarily
for the parking and storage of vehicles and available to the general
public.
A building or group of buildings containing multiple dwelling
units each of which is completely contained on a single floor.
The effect produced by light from a luminaire with an intensity
sufficient to cause annoyance, discomfort, or loss in visual performance
and visibility.
The Mayor and Council of the Borough of Bradley Beach.
The final elevation of the average ground level adjoining
a building at all exterior walls after development.
The elevation of the ground level in its natural state, before
construction, filling, or excavation.
A story under a sloping roof, which may have dormers with
windows, having a floor area not exceeding 50% of the floor area below
it, inclusive of any balconies on said story. The roof rafters shall
intersect the exterior wall within one foot of the floor of said half
story. See also "story, half."
Nonliving components of a landscape design, such as walls,
sculpture, paved walkways, patios, stone and gravel areas, benches,
fountains, and similar hard-surface areas and objects.
A room or facility supporting business or business-like activity,
which is conducted for profit, support, charitable purpose, or otherwise,
which is incidental and secondary to the use of a structure as a dwelling
unit, and which does not change the essential residential character
of the dwelling unit.
Ground, soil, and/or earth.
Any activity involving the clearing, cutting, excavating,
filling, or grading of land, or any other activity that alters land
topography or vegetative cover.
A lot or parcel of land without direct access to a public
road.
One who is licensed by the state as a land surveyor and is
qualified to make accurate field measurements and to mark, describe,
and define land boundaries.
A description of how land is occupied or used.
A component of a development plan on which are shown:
Proposed landscape species (such as number, spacing, size at
time of planting, and planting details).
Proposals for protection of existing vegetation during and after
construction.
Proposed treatment of hard and soft surfaces.
Proposed decorative features.
Grade changes.
Buffer and screening devices.
Any other information that can reasonably be required for an
informed decision to be made by the approving authority.
A plan showing the location, the height above grade, the
type of illumination, the type of fixture, the source lumens, and
the luminous area for each source of light proposed.
The boundaries of that area of land to be cleared of trees
and other vegetation in conjunction with a proposed development or
land use.
An off-street space or berth used for the loading or unloading
of cargo, products, or materials from vehicles.
A designated parcel, tract, or area of land established by
plat, subdivision, or as otherwise permitted by law, to be separately
owned, used, developed, or built upon.
A lot or parcel of land abutting on two or more streets at
their intersection or on two parts of the same street, forming an
interior angle of less than 135º.
A lot with buildings, structures, or hardscaping.
A lot that has frontage on only one street.
The smallest lot area established by the zoning ordinance
on which a use or structure may be located in a particular district.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the zoning ordinance
but that fails by reason of such adoption, revision, or amendment
to conform to the present requirements of the zoning district.
A parcel of land that has less than the minimum area or minimum
dimensions required in the zone in which the lot is located.
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot.
The total area within the lot lines of a lot excluding any
public right-of-way.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines. In
the case of a corner lot, the greater frontage shall be the lot depth
except where frontages are the same; the frontage on the north-south
street shall be the lot depth.
That portion of the lot extending along the street line the
horizontal distance between the side lot lines, measured along the
street line. In the case of a corner lot, the smaller frontage shall
be the lot frontage, except where frontages are the same; the frontage
on the east-west street shall be the lot frontage.
Any line dividing one lot from another lot or from a public
thoroughfare.
The lot line separating a lot from a street or public right-of-way.
The lot line opposite and most distant from the front lot
line.
Any lot line other than a front or rear lot line.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building front setback line.
Any security that may be required and accepted by a governmental
agency to ensure that necessary improvements will function as required
for a specific period of time. See also "performance guarantee."[2]
A comprehensive, long-ranged plan, developed by the Borough
Planning Board and adopted by the Governing Body, intended to guide
the growth and development of a community or region. This plan is
typically adopted and in effect for a set period of time and typically
includes inventory and analytic sections leading to recommendations
for the community's land use, future economic development, housing,
recreation and open space, transportation, community facilities, and
community design, all related to the community's goal and objectives
for these elements.
The chief executive of the Borough.
The portal that serves as the entrance and exit point from
a site or building.
An organization issued a permit, including a conditional
permit, by the state to operate as a medical cannabis cultivator,
medical cannabis manufacturer, medical cannabis dispensary, or clinical
registrant.
[Added 6-9-2021 by Ord. No. 2021-13]
An organization holding a permit issued by the state that
authorizes the organization to possess and cultivate cannabis and
deliver, transfer, transport, distribute, supply, and sell medical
cannabis and related supplies to other medical cannabis cultivators
and to medical cannabis manufacturers, clinical registrants, and medical
cannabis dispensaries, as well as to plant, cultivate, grow, and harvest
medical cannabis for research purposes.
[Added 6-9-2021 by Ord. No. 2021-13]
An organization issued a permit by the state that authorizes
the organization to purchase or obtain medical cannabis and related
supplies from medical cannabis cultivators; purchase or obtain medical
cannabis products and related supplies from medical cannabis manufacturers;
purchase or obtain medical cannabis, medical cannabis products, and
related supplies and paraphernalia from other medical cannabis dispensaries
and from clinical registrants; deliver, transfer, transport, distribute,
supply, and sell medical cannabis and medical cannabis products to
other medical cannabis dispensaries; furnish medical cannabis, including
medical cannabis products, to a medical cannabis handler for delivery
to a registered qualifying patient, designated caregiver, or institutional
caregiver; and possess, display, deliver, transfer, transport, distribute,
supply, sell, and dispense medical cannabis, medical cannabis products,
paraphernalia, and related supplies to qualifying patients, designated
caregivers, and institutional caregivers.
[Added 6-9-2021 by Ord. No. 2021-13]
An organization issued a permit by the state that authorizes
the organization to purchase or obtain medical cannabis and related
supplies from a medical cannabis cultivator or a clinical registrant;
purchase or obtain medical cannabis products from another medical
cannabis manufacturer or a clinical registrant; produce, manufacture,
or otherwise create medical cannabis products; and possess, deliver,
transfer, transport, distribute, supply, and sell medical cannabis
products and related supplies to medical cannabis manufacturers and
to medical cannabis dispensaries and clinical registrants.
[Added 6-9-2021 by Ord. No. 2021-13[3]]
A set of requirements included in land use regulations that
require a certain minimum ratio or parking standard that a particular
development is required to meet on-site in order to obtain development
approval.
An establishment providing sleeping accommodations for transients,
providing individual entrances from the exterior of the building to
each unit and providing parking spaces convenient to each individual
entrance, with or without a dining room.
The Planning Board, Board of Adjustment or governing body
or any agency created by or responsible to the municipality when acting
pursuant to this chapter.
Chapter 291 of the Laws of New Jersey, 1975, as amended from
time to time.[4]
Any city, borough, town, township or village.
A standard code system to describe and classify business
establishments based on the activities in which they are primarily
engaged.
A group of office buildings, planned, developed, owned and
managed as a unit.
Located outside the lot lines of the lot in question.
Located within the lot lines of the lot in question.
An open space area conveyed or otherwise dedicated to the
Borough, a Borough agency, the Board of Education, a state or county
agency, or any other public body for recreational or conservational
uses.
A law or regulation adopted by a governing body.
An outdoor area that constitutes a structure as defined in
this chapter and is designed or used for outdoor gathering, lounging,
dining, and/or similar use, in association with a dwelling.
The part of a roof or wall that extends beyond a lower wall.
The minimum number of on-site parking spaces required by
formula for various types of land use.
The area required for the parking of one automobile which,
for the purposes of the chapter, is held to be an area nine feet wide
and 18 feet long, exclusive of passageways and driveways appurtenant
thereto and giving access thereto; a space for the parking of a motor
vehicle within a public or private parking area.
Parking spaces reserved for people with disabilities, typically
marked with the international symbol of access.
A building or structure that, because of fire, flood, explosion,
or other calamity, requires the rebuilding of less than half of the
original floor area.
A level hardscaped surface normally or customarily used as
an exterior sitting area, being not more than 12 inches above the
adjacent ground level at any point.
Any security that may be accepted by a governmental entity
to ensure that improvements required as part of an application for
development will be satisfactorily completed.
A set of criteria or limits relating to certain characteristics
that a particular use or process must achieve.
The boundaries or borders of a lot, tract, or parcel of land.
The speed with which water can drain through soil.
Any use allowed in a zone as a matter of right.
Any material that permits full or partial absorption of stormwater
into previously unimproved land.
A map, plan or layout of a city, town, section, subdivision
or property indicating the location and boundaries of individual properties
or lots.
The Planning Board of the Borough of Bradley Beach.
The map or maps of a subdivision or site plan or a portion
thereof.
A map of all or portion of a subdivision that is presented
to the approving authority for final approval.
A layout of a proposed subdivision of sufficient accuracy
and detail to be used for the purpose of discussion and classification,
and preliminary approval.
An exterior covered, open structure without walls, supported
on columns and constructed upon a foundation of masonry, concrete,
piers or piles.
An exterior open and uncovered platform structure - without
walls, accessed from a second floor.
A conference attended by the planner, engineer, zoning officer,
or their representative and other boards or agencies as may be required
for a specific application.
The use of a lot or structure prior to the time of the enactment
of a zoning ordinance or amendment thereto.
The conferral of certain rights prior to final approval,
after specific elements of a development plan have been approved by
the approving authority and agreed to by the applicant.
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.
A use that is not permitted in a zone.
Part of a building or structure that projects from a wall
or roof.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel, and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
The majority of the full authorized membership of a municipal
agency.[5]
The removal and replacement, rehabilitation, or adaptive
reuse of an existing structure or structures, or of land from which
previous improvements have been removed.
The restoration of a property, previously in a dilapidated
or substandard condition, for human habitation or use, without drastically
changing the plan, form, or style of architecture.
N.J.A.C. Title 5, Chapter 21, adopted January 6, 1997, as
subsequently revised, also referred to as "RSIS."
An establishment at which food is sold for consumption on
the premises.
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.
The lines that form the boundaries of a right-of-way.
A building arranged or used as defined in N.J.S.A. 55:13B-3,
as amended.
Any apparatus that is designed for the purpose of receiving
and transmitting television, radio, microwave, satellite or similar
signals, with the exception of conventional television antennas.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been removed from its site of origin
by water, ice, wind, gravity or other natural means as a product of
erosion.
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.
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other material.
A group of commercial establishments planned, constructed,
and managed as a total entity, with customer and employee parking
provided on site, provisions for goods delivery separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, or allowed to grow
in such a manner as to limit or obstruct the sight distance of motorists
entering or leaving the intersection.
Any object, device, display, or structure, or part thereof,
situated outdoors or indoors, that is used to advertise, identify,
display, or direct or attract attention to an object, person, institution,
organization, business, product, service, event, or location by means
of words, letters, figures, design, symbols, fixtures, colors, illumination,
or projected images.
A sign lawfully erected and maintained prior to the adoption
of an ordinance, that, because of amendments to that ordinance, no
longer conforms with the requirements of that ordinance.
The development plan for one or more lots on which is shown
the existing and proposed conditions of the lot, including topography,
vegetation, drainage, floodplains, wetlands, and waterways; landscaping
and open spaces; walkways; means of ingress and egress; circulation;
utility services; structures and buildings; signs and lighting; berms,
buffers, and screening devices; surrounding development; and any other
information that reasonably may be required in order for an informed
decision to be made by the approving authority.
A development plan of one or more lots which meet all of
the following criteria:
Proposes new development of not more than 1,000 square feet
of new or additional floor area;
Not more than five new or additional off-street parking spaces;
Meets all the requirements of the zone in which it is located;
Does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42; and
Contains the information reasonably required in order to make
an informed determination as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
Any site plan not classified as a "minor site plan.'"
A plan for soil erosion and sediment control that meets the
standards for soil erosion and sediment control in New Jersey as promulgated
by the State Soil Conservation Commission Committee and that has been
approved by the Freehold Soil Conservation District.
A detached, one-story accessory structure utilized for the
purpose of storing household items and belongings, but not for the
storage of automobiles.
Any storm drainage technique that retards or detains runoff,
to reduce the peak rate or total volume of runoff, such as a detention
or retention basin, parking lot storage, rooftop storage, porous pavement,
dry wells or any combination thereof.
That portion of a building included between the surface of
any floor and the surface of the floor next above it. If there be
no floor above it then the space between any floor and the ceiling
next above. This includes basements if the basement ceiling is greater
than five feet above the average adjoining grade.
A story under a sloping roof, which may have dormers with
windows, having a floor area not exceeding 50% of the floor area below
it, inclusive of any balconies on said story. The roof rafters shall
intersect the exterior wall within one foot of the floor of said half
story. See also "half-story."
Any road, avenue, street, or highway dedicated to the public
use for street purpose. A "street'' shall be deemed to include all
portions lying between the dedicated or established right-of-way and/or
planting easement thereof, said lines being identical with the front
property lines of lands abutting the street.
A street that collects traffic from local streets and connects
with minor and major arterials.
A street with a single common ingress and egress and with
a turnaround as the end.
A street that provides frontage for access to abutting lots
and carries slow-speed traffic primarily having a destination or origin
on the street itself.
A local street that has its only ingress and egress at two
points on the same collector or sub-collector street
A street that connects and distributes traffic to and from
minor arterials, with access control, channelized intersections, and
restricted parking.
A street that interconnects and links major arterials and
distributes traffic to and from collector streets.
A combination of materials that form a construction for use,
occupancy, or ornamentation, whether installed on, above, or below
the surface of land or water, including but not limited to buildings,
sheds, fences, walls, decks, signs, towers, swimming pools, and platforms.
The division of a lot, tract, or parcel of land into two
or more lots, tracts, parcels, or other divisions of land for sale,
development, or lease.
Any subdivision not classified as a "minor subdivision."
A subdivision of land that results in the creation of three
or fewer lots, and does not involve a planned development, any new
street or the extension of any off-tract improvement.
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing subdivisions
in accordance with the provisions of this chapter and such duties
relating to land subdivision which may be conferred on this Committee
by the Board.
A swimming pool accessory to and constructed or installed
on a property containing a one- or two-family dwelling for use by
the residents or occupants of the dwelling or dwellings and their
guests for which no fee is charged and which shall include but not
be limited to in-ground pools, aboveground pools, including portable
pools, exterior hot tubs and saunas and wading pools in excess of
25 square feet and 12 inches deep which are constructed of, but not
limited to, wood, plastic, metal, fiberglass or concrete materials.
A swimming pool accessory to and constructed or erected on
a property containing a hotel, motel, bed-and-breakfast, townhouse
or apartment complex as a benefit to and exclusively for residents
or occupants of the hotel, motel, bed-and-breakfast, townhouse or
apartment complex and their guests. Such shall include but not be
limited to in-ground pools, aboveground pools, including portable
pools, exterior hot tubs, saunas and wading pools in excess of 25
square feet and 12 inches deep.
A tall pole with electrical, telephone, cable wires attached
to it, connecting several different buildings to the system for the
primary use.
Authorization for a land-use activity for a limited period
of time.
A structure that is erected without any foundation or footings
and is removed when the designated time period, activity, or use for
which the temporary structure was erected has ceased.
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
A structure, registered with the Department of Motor Vehicles,
standing on wheels, towed or hauled by another vehicle, and used either
for short-term human occupancy; carrying of material, goods, or objects;
or as a temporary office.
An accessory use or structure where trash and/or recycling
material containers or any other type of waste or refuse containers
are stored.
A use or activity which was lawful prior to the adoption,
revision the zoning ordinance but that fails by reason of such adoption,
revision, or amendment to conform to the present requirements of the
zoning district.
A premises wherein or whereupon used motor vehicles of any
kind or nature may be offered for sale, lease, traded in, stored or
held out for the public's purchase thereof.
Permission to depart from the literal requirements of a zoning
ordinance.
Includes, but is not limited to, etching, lettering or graphics
displayed on a business window, which shall be limited to the name
of the owner, business name, business address, telephone numbers (including
facsimile and electronic mail), and hours of operation which shall
be used to identify the nature of the business.
Includes, but is not limited to, lettering, graphics, designs, seasonal designs, ornamental designs, drawings, sketches, logos, writing or any other form of design, letter or character, which shall be temporary in nature to advertise a sale, special civic or public events, seasonal activity or event, which the business is a participant, subject to the provisions as set forth in Article X of this chapter.
A temporary open, screened entranceway leading into an establishment's
front door on the ground level.
Includes, but is not limited to, etching, lettering or graphics
that is painted or mounted onto a windowpane, or that is hung directly
inside a window solely for the purpose or effect of identifying any
premises from the sidewalk or street. Limited to name of the owner,
business name, business address, telephone numbers (including facsimile
and electronic mail) and hours of operation which shall be used to
identify the nature of the business.
Includes, but is not limited to, lettering, graphics, designs,
seasonal designs, ornamental designs, drawings, sketches, logos, writing
or any other form of design, letter or character, that is painted
or mounted onto a window pane, or that is hung directly inside a window
which shall be temporary in nature to advertise sales, events, services
or products.
A structure containing, sending and receiving antennas, and
prefabricated or modular structures or cabinets containing electronic
equipment.
A Federal Communication Commission (FCC) licensed facility,
receiving, and relaying voice and data signals from various wireless
communications devices and equipment.
This does not include telephone poles/utility poles.
An open unoccupied space, extending the full width of the
lot and situated between the lot line and the front building line
of the principal structure. The depth of the front yard shall be measured
at right angles to the street line. In the case of a corner lot, the
"front yard" shall mean the open unoccupied space extending the full
width and full depth of the lot, situated between the front lot line
and front building line of the principal structure and between the
side lot line and side building line closest to the side street.
An open unoccupied space, extending the full width of the
lot and situated between the rear lot line and the rear building line
of the principal structure. The depth of the rear yard shall be measured
at right angles to the rear lot line. In the case of a corner lot,
the rear yard shall mean the open unoccupied space extending the width
of the lot, situated between the rear lot line and rear building line
of the principal structure, exclusive of the area between the side
lot line and side building line closest to the side street, extended.
An open unoccupied space on the same lot with a principal
building, extending from the front building line of the principal
structure to the rear building line of the principal structure and
situated between the side lot lines and the side building line. The
side yard shall be measured at right angles to the side lot line.
A specifically delineated area or district in a municipality
within which uniform regulations and requirements govern the use,
placement, spacing, and size of land and buildings.
The delineation of districts and the establishment of regulations
governing the use; placement; spacing; size of land; and buildings.
The three dimensional space within which a structure is permitted
to be built on a lot and which is defined by regulations governing
building setbacks, maximum height, and bulk.
The administrative officer designated to administer the zoning
ordinance and issue zoning permits.
A document signed by the administrative officer which is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building, and which acknowledges
that such use, structure or building complies with the provisions
of the municipal zoning ordinance or variance therefrom duly authorized
by a municipal agency pursuant to Sections 47 and 57 of MLUL Act (40:55D-60;
40:55D-70).
See "bulk regulations" - "Attachment 1."
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: The former definitions of "marijuana cultivation
facilities," "marijuana product manufacturing facilities," and "marijuana
testing facilities," which immediately followed this definition, were
repealed 6-9-2021 by Ord. No. 2021-13.
[3]
Editor's Note: This ordinance also repealed the former definition
of "medicinal cannabis retail establishment," which immediately followed
this definition.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[5]
Editor's Note: The former definition of "recreational marijuana
retailer establishments," which immediately followed this definition,
was repealed 6-9-2021 by Ord. No. 2021-13.
