[2000 Code § 30-15; Ord. No. 2735 § 1; Ord. No. 2777 § 1; Ord. No. 2831 § 1; Ord. No. 2851; amended 6-9-2021 by Ord. No. 2021-21; 11-8-2023 by Ord. No. 2023-34; 3-27-2024 by Ord. No. 2024-6]
For the purpose of this chapter, "lot" shall include "plot," and "building" shall include "structure," and "fence" shall include "wall." Unless the context of use clearly indicates otherwise, the term "shall," "will," and "must" indicate a mandatory requirement, and the term "may" indicates a permissive action. The singular may also mean the plural and person shall also mean other legal entities, in proper context.
ABANDONED OR DISCONTINUED SIGN OR SIGN STRUCTUREShall mean a sign or sign structure whose owner has failed to operate or maintain said sign or sign structure for a period of six months or longer. The following conditions shall be considered as the failure to operate or maintain a sign or sign structure.
a. A sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed; or
ABUTTING COUNTY ROAD OR DRAINAGE FACILITIESShall mean any existing or proposed County road or drainage facility shown on the adopted County Master Plan, Highway Plan, or Official Map, which adjoins or ties within a lot or parcel of land submitted for subdivision or site plan approval.
ACCESSORY BUILDING OR USEShall mean a building or use subordinate to and customarily associated with or incidental to the principal building or use on the same lot. When an accessory building is attached in a substantial manner by a wall or roof to a principal building, it shall be considered a part thereof.
ACCESSORY DWELLING UNIT (ADU)Shall mean an additional dwelling unit that:
a. Is within a building and is incidental and subordinate to a lawful/permitted principal building containing no more than two lawful/permitted principal residential units and is on the same tax lot;
b. Is located on the same tax lot as a permitted principal building containing a lawful/permitted principal residential use;
c. Has no cooking facilities, food preparation facilities, and sanitary facilities in common with the principal use;
d. Has a separate unit entrance that is not shared with another residence; and
e. May also be referred to as an accessory apartment, alley flat, back house, backyard bungalow, carriage house, coach house, garage apartment, granny flat, guest house or cottage, in-law suite, laneway house, mother-daughter house, multigenerational house, ohana unit, secondary dwelling unit, and/or sidekick, so long as the unit is compliant with the provisions of this chapter and other relevant ordinances of the City of Asbury Park.
ADMINISTRATIVE OFFICERShall mean the City Planner/Zoning Inspector for the Planning Board, and the City Planner/Zoning Inspector or Zoning Officer for the Zoning Board of Adjustment.
ALLEYShall mean a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. An alley, as defined herein, shall not be considered a street for the purposes of compliance with paragraph e. of subsection
30-68.2.
ALTERATIONShall mean a change to the exterior or interior elements of a building or structure so as to affect the amount or arrangement of rooms, corridors and other spaces or to change the nature of their use and/or a change to parking and loading areas and access thereto which affects existing parking layout, circulation, drainage, building arrangements, landscaping, buffering and/or lighting.
AMUSEMENTS, COMMERCIALShall mean an establishment which includes a combination of rides, games of chance, coin-operated amusements and similar devices arranged and intended to provide amusement.
ANTIQUESShall mean objects having special value because of their age and craftsmanship.
APPLICANTShall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENTShall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, cluster development, conditional use, zoning variance or direction of the issuance a permit pursuant to subsections
30-21.6 and
30-22.3.
ARCADEShall mean an establishment that has more than 20% of its publicly accessible floor area occupied by coin operated amusements and similar devices; including video games, pinball machines, juke boxes, pool tables or games of chance.
AUTOMOBILE JUNK YARDShall mean and describe any business and any place of storage or deposit which displays, or in or upon which there are displayed, two (2) or more unregistered motor vehicles which are unfit for reconditioning for use for highway transportation, or used parts of motor vehicles or material which has been a part of a motor vehicle, the sum of which parts or material are equal in bulk to two (2) or more motor vehicles.
AUTOMOBILE REPAIRShall mean a business or person who for compensation engages in repairing, restoring, removing, or installing integral component parts of an engine, power train, chassis, or body of any vehicle.
AUTOMOBILE STORAGE YARD, PRIVATEShall mean one (1) or more unregistered or disabled vehicles which are stored in the open on private property and not being restored to operating condition.
AVERAGE ELEVATIONShall mean the elevation of the finished grade at the center of each facade of a building or structure divided by the total number of facades.
BALCONYShall mean an uncovered platform, which is attached to a building above the ground level, and which projects no more than four (4) feet from the facade, including railings or architectural ornamentation.
BANNERShall mean any sign or string of one or more signs, usually made of fabric or other lightweight material, which is used to attract attention, whether or not imprinted with words or characters, including but not limited to balloons and pennants. This includes "feather banners". Flags shall not be considered banners.
BARShall mean any premises wherein alcoholic beverages are sold at retail for consumption on the premises, exclusive of establishments otherwise defined herein.
BASE FLOOD ELEVATIONShall mean the highest elevation, expressed in feet above sea level, of the level of flood waters resulting from a one hundred (100) year storm.
BASEMENTShall mean a space having one-half (1/2) or more of its floor-to-ceiling height above the average elevation of the adjoining ground and with a floor-to-ceiling height of not less than seven feet. A basement shall be counted as a story.
BEACONShall mean any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same property as the light source; also, any light with one (1) or more beams that rotate or move.
BED AND BREAKFAST RESIDENCEMeans a private, single-family residence that is year-round owner-occupied, which provides overnight lodging for no more than twelve (12) transient guests and provides only breakfast for registered guests each day. The rented rooms do not contain cooking facilities and do not constitute separate dwelling units.
BERMShall mean an earthen mound planted with grass or other plant material and used for screening one area from another.
BILLBOARDShall mean a sign structure and/or sign utilized for advertising an establishment, an activity, a product, service or entertainment which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located.
BOARDING HOUSEShall mean any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two (2) or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel, motel, or established guest house wherein a minimum of eighty-five (85%) percent of the units of dwelling space are offered for limited tenure only.
BREW PUBShall mean an establishment licensed to brew any malt alcoholic beverages and in amounts in accordance with in accordance with the State Alcoholic Beverage Law, and operated in conjunction with a restaurant regularly and principally used for the purpose of providing meals to its customers and having adequate kitchen and dining room facilities.
BUFFERShall mean a portion of a lot or parcel which is devoted to the visual separation of land uses on the same lot or on an adjacent lot. In most instances the buffer will be a strip of plant material, at least five (5) feet wide, massed so as to block or screen views through it.
BUILDINGShall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof. This definition shall not be construed to apply to trailers, wagons or any other enclosure supported by a chassis, axles and/or wheels.
BUILDING COVERAGEShall mean the area of a lot or parcel covered by buildings or structures, exclusive of parking areas or other impervious ground covers.
CAPITAL IMPROVEMENTShall mean a governmental construction project or acquisition of equipment or real property.
CELLARShall mean a space with less than one-half (1/2) of its floor-to-ceiling height above the average elevation of the adjoining ground or with a floor-to-ceiling height of less than six and one-half (6 1/2) feet.
CERTIFICATE OF OCCUPANCYShall mean the certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L.1975, c.217 (N.J.S.A. 52:27D-119, et seq.) and regulations adopted pursuant thereto.
[Added 11-8-2023 by Ord. No. 2023-34]
CHANGE OF USEShall mean the use of a building or premises for a purpose different than previously authorized and where one (1) use classification is being changed to another (e.g., one (1) family residential to two (2) family residential, retail sales to retail service, multifamily residential to general office, hotel/motel to multifamily dwelling or rooming/boarding house).
CHARGING LEVELShall mean the amount of voltage provided to charge an electric vehicle, which varies depending on the type of EVSE, as follows:
a. Level 1 operates on a fifteen (15) to twenty (20) amp breaker on a one hundred twenty (120) volt AC circuit.
b. Level 2 operates on a forty (40) to one hundred (100) amp breaker on a two hundred eight (208) or two hundred forty (240) volt AC circuit.
c. Direct-current fast charger (DCFC) operates on a sixty (60) amp or higher breaker on a four hundred eighty (480) volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
[Added 11-8-2023 by Ord. No. 2023-34]
CHILD DAY CARE CENTERShall mean a place of business established for the purpose of providing supervision and care for five (5) or more children five (5) years of age or younger and operated on a regular basis, but not as a residence or domicile.
CHURCH/HOUSE OF WORSHIPShall mean a building or premises, together with any related structure, accessory building, or land appurtenant thereto, and any part thereof in which persons assemble for the purpose of conducting religious worship services and related activities.
CIRCULATIONShall mean 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.
CLUBS, SOCIAL/FRATERNAL ORGANIZATIONSShall mean a building or premises together with any related structure, accessory building, or land appurtenant thereto, and any part thereof, in which persons congregate for social or civic purposes and where membership might be required.
CLUSTER DEVELOPMENTShall mean an area to be developed as a single entity wherein buildings and structures are arranged in groups, either on separate lots or on a single parcel, so as to provide open space and efficient distribution of roads and utilities according to a preconceived plan.
COMMERCIAL MESSAGEShall mean any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.
COMMON OPEN SPACEShall mean an open space area within or related to a site designated as a development, and dedicated, set aside, reserved or intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complimentary structures, facilities and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development, and the general public if so dedicated.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLEDShall mean any community residential facility licensed by the State of New Jersey pursuant to P.L. 1977, c. 448 (C. 30:IIB-I et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (15) developmentally disabled or mentally ill persons, not including any person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge. For the purposes of this chapter, "group homes," "intermediate care facilities," "supervised apartment living arrangements," and "hostels" are considered "community residences for the developmentally disabled."
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEShall mean any shelter approved for a purpose of service, contracted and certified by the State of New Jersey pursuant to P.L. 1979, c.337 (C.30:40-1-14) providing food, shelter, medical care, legal assistance, personal guidance and other services on a temporary basis to not more than fifteen (15) persons who have been victims of domestic violence, including any children of such victims.
CONDITIONAL USEShall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of authorization therefor by the Planning Board.
CONGREGATE SENIOR CITIZEN HOUSINGShall mean a facility providing independent dwelling units supplemented by congregate meals, housekeeping and support services to persons sixty (60) years of age or older.
CONTAINERS, REFUSEShall mean a large box or container made of metal or similar material and designed to be carried on a flat bed truck or other conveyance and used for the disposal of debris or other materials. For the purposes of this chapter, a "dumpster," including those which are designed to be mechanically emptied by specialized disposal vehicles, are to be considered refuse containers.
CONTRACTOR'S YARDShall mean any use of premises for the storage of equipment, tools, materials, and vehicles used in the business of a construction contractor or tradesman.
CONVENIENCE STOREShall mean any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area less than three thousand (3,000) square feet.
COUNTY MASTER PLANShall mean a composite of the plan elements for the physical development of Monmouth County, with the accompanying maps, plots, charts, and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COURTShall mean any open, unoccupied area which is bounded by three (3) or more building walls.
COURT, INNERShall mean an open area, unobstructed from the ground to the sky, which is bounded on more than three (3) sides by the exterior walls of one (1) or more buildings.
COURT, OUTERShall mean an open space, unobstructed from the ground to the sky, which is bounded on not more than three (3) sides by the exterior walls of one (1) or more buildings.
CRAFT DISTILLERYShall mean a facility holding a craft distillery license issued in accordance with the State Division of Alcoholic Beverage Control (ABC), producing distilled alcoholic beverages, to rectify, blend, treat and mix distilled alcoholic beverages, including the sale and distribution of the product to licensed wholesalers and retailers, including the retail sale of the product direct to consumers in limited quantities for consumption off the premises, or in connection with a tour of the distillery, the retail sale or offering of samples, for consumption on the premises.
CURB CUTShall mean a separation or break in the curbline or edge of the cartway to allow access to a driveway or other vehicular passageway.
CUTShall mean a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface or excavated surface.
DAYSShall mean calendar days.
DECKShall mean an uncovered platform, which is attached to a building and which projects more than four (4) feet from the facade, including railings.
DEDICATIONShall mean a dedication of land for construction, reconstruction, widening, repairing, maintaining or improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of the street; including, but not limited to curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.
DENSITY, RESIDENTIALShall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space within a development.
DEVELOPMENTShall mean the division of a parcel of land into two (2) 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. For the purposes of this chapter, "Special Questions," as defined in this chapter, are not considered "development."
DEVELOPMENT REGULATIONShall mean a zoning, subdivision, site plan, Official Map, or other municipal ordinance or regulation containing the use and development of land, or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.
DEVELOPMENT REVIEW COMMITTEEShall mean three (3) or more persons, who may be residents or nonresidents of the City, appointed by the Planning Board upon recommendation of the City Manager or City Planner for the purpose of providing technical advice and comments on development applications.
DEVELOPMENT, MAJORShall mean a major subdivision or any development not defined as a minor development.
DEVELOPMENT, MINORShall mean:
b. The construction of any building or structure or addition to any building or structure of five hundred (500) or more square feet but less than one thousand (1,000) square feet of building area or structural area;
c. The construction of more than four (4) but less than ten (10) parking spaces;
d. Improvements to existing parking areas containing more than four (4) but less than ten (10) parking spaces where the area of existing paving and location and size of existing driveways are affected;
e. The alteration of an existing building result in a change in the number of dwelling units on the site;
f. A change in use where additional nonconformities are created and/or pre-existing nonconformities are exacerbated; and/or
g. Does not involve planned development, any new street or extension of any off-tract improvement.
DRAINAGEShall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of run-off during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRIVEWAYShall mean a vehicular accessway provided for the purpose of allowing passage over private or public property. All driveways shall be an appropriate hard-surface pavement that is durable and maintained in good condition.
DWELLING UNITShall mean one (1) or more rooms, designed, occupied, or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
DWELLING, ATTACHEDShall mean a one-family dwelling attached to two (2) or more one-family dwellings by common vertical walls.
DWELLING, DETACHEDShall mean a one-family dwelling which is not attached to any other dwelling.
DWELLING, MULTI-FAMILYShall mean a building containing more than two (2) dwelling units; an accessory dwelling unit, as defined by this chapter, shall not be included in the calculation of the number of units for the purpose of determining whether a dwelling is defined as "multifamily."
DWELLING, SEMI-DETACHEDShall mean a one-family dwelling attached to one (1) other one-family dwelling by a common vertical wall or other structural element. (Also known as a "twin house" when located on one (1) lot.)
DWELLING, TWO-FAMILYShall mean a building containing two (2) dwelling units; an accessory dwelling unit, as defined by this chapter, shall not be included in the calculation of the number of units for the purpose of determining whether a dwelling is defined as "two-family."
ELECTRIC VEHICLEShall mean any vehicle that is licensed and registered for operation on public and private highways, roads, and streets, and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
[Added 11-8-2023 by Ord. No. 2023-34]
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT OR (EVSE)Shall mean the equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. “EVSE” is synonymous with “electric vehicle charging station.”
[Added 11-8-2023 by Ord. No. 2023-34]
ESSENTIAL SERVICESShall mean those services provided by a municipality which are necessary to support and satisfy the needs of the community. Such services may include, but are not limited to, police and fire protection, solid waste and wastewater collection and removal, education, snow removal, recreation, etc.
ESTABLISHMENT OF ADULT ENTERTAINMENTShall mean an establishment which provides any form of entertainment which is of a nature that would require the exclusion of minors by virtue of age under existing State statute. For the purpose of this chapter, adult motion picture or "X-rated theaters," regardless of seating capacity; "peep shows," whether or not they are coin operated; adult cabarets or "go-go bars" and massage parlors are considered to be "establishments of adult entertainment" if they are required by law to exclude access to minors by virtue of age.
EXCAVATIONShall mean removal or recovery by any means whatsoever of minerals, mineral substances or organic substances, other than vegetation, from the water, land surface, or beneath the land surface, whether exposed or submerged.
EXHIBITION PAVILIONShall mean a building of no more than fifty thousand (50,000) square feet and two (2) stories in size, arranged and intended to present the products and/or philosophy of a single sponsor to the public, in an educational and entertaining manner, for an extended period of time. For the purposes of this definition, an extended period of time shall mean a period of not less than six (6) months.
FAMILYShall mean one (1) or more persons maintaining a household. (See "household.")
FENCEShall mean a structure rising above the finished grade intended to provide physical separation between spaces or properties. For the purposes of this section, a structure constructed on a continuous footing or foundation and greater than four (4) inches thick, excluding support posts, shall be considered a wall rather than a fence and shall meet the setback requirements for buildings specified in §
30-67, herein.
FILLShall mean sand, gravel, earth or other materials of any composition whatsoever placed or deposited by any person or persons.
FINAL APPROVALShall mean the official action of the Planning Board or Zoning Board of Adjustment taken on a development plan which has been given preliminary approval after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FLAGShall mean any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
FLOOD HAZARD AREAShall mean the area delineated on the Flood Insurance Rate Map as being subject to flood waters resulting from a one hundred (100) year storm.
FLOOD INSURANCE RATE MAP (FIRM)Shall mean the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community, adopted September 15, 1983, as Map No. 3402850001C or as revised by the Federal Emergency Management Agency.
FLOOR AREA RATIO (FAR)Shall mean the ratio of the gross floor areas of all buildings on a lot to the lot area.
FLOOR AREA, GROSSShall mean the sum of the gross horizontal areas of the floors or stories of a building measured from the exterior face of the exterior walls but not including areas devoted exclusively to off-street parking and loading space for motor vehicles or any space where the floor-to-ceiling height is less than seven (7) feet.
FLOOR AREA, NETShall mean that portion of the gross floor area to be used or occupied or intended for use or occupancy. In the absence of floor plans identifying and quantifying useable or habitable floor space, net floor area will be measured as gross floor area minus twenty (20%) percent.
GARAGEShall mean a building or structure used for the storage of one (1) or more vehicles. If it is maintained for the resident occupant of the premises and no service is rendered to the public, or any business conducted therein, it is a private garage. Any garage other than a private garage is a public garage.
GOVERNING BODYShall mean the Mayor and Council of the City of Asbury Park.
GRADE, FINISHEDShall mean the final grade or elevation of the ground surface conforming to the proposed design.
GRADINGShall mean any stripping, culling, filling, stockpiling or any combination thereof, including the land in its cut or filled condition.
GUEST HOUSESShall mean a hotel wherein no more than nine (9) units of dwelling space, each containing private bathing facilities, are arranged or intended for single room occupancy, exclusive of any such unit occupied by any owner or operator, and where eighty-five (85%) percent or more of the units are occupied by persons for ninety (90) days or less. (See "hotel.")
HABITABLE ROOMShall mean any room in a dwelling unit other than a kitchen or bathroom.
HALFWAY HOUSEShall mean a building or structure or dwelling unit wherein two (2) or more inmates of the State Department of Corrections; or two (2) or more persons paroled from a correctional institution reside under on-site or off-site supervision. Halfway houses, as herein defined, are prohibited in the City as they represent a threat to the public safety and welfare.
HEIGHT OF BUILDING OR STRUCTUREShall mean the vertical distance measured from the average finished ground elevation around the foundation to the top of a structure; the highest point of the surface of a flat roof; or the midpoint between the ridge and the eave of a pitched roof.
HELIPORTShall mean an identifiable area on land, water or structure, including any building or facilities thereon, used or intended to be used for the landing and takeoff of helicopters. The term heliport as used herein applies to all sites, including helistops, used or intended to be used for the landing and takeoff of helicopters.
HELISTOPShall mean an area used or intended to be used for the landing and takeoff of helicopters engaged in dropping-off or picking-up passengers.
HISTORIC BUILDING OR SITEShall mean any building, structure, area or property that has been designated on the State or National Register of Historic Places or in the Asbury Park Master Plan to be significant in the history, architecture, archaeology or culture of the State of New Jersey, its communities or the nation.
HOME OCCUPATION (MAJOR)Shall mean an occupation, profession, activity, or use conducted by the residents and unrelated, non-resident employees, which may include the offering of services to clients on the premises.
HOME OCCUPATION (MINOR)Shall mean an occupation, profession, activity, or use that is clearly an incidental and secondary use of a residential dwelling unit conducted by the residents thereof, and which does not alter the exterior of the property or affect the residential character of the premises or neighborhood.
HOTELShall mean a building or group of buildings containing ten (10) or more units of dwelling space designed and used primarily for single room occupancy of limited tenure in which no more than five (5%) percent of the sleeping units may have cooking facilities of any kind, and all sleeping units contain private bathrooms with bathing facilities. For the purposes of this chapter, "limited tenure" shall mean occupancy in any particular facility of not more than ninety (90) days. A maximum of fifteen (15%) percent of the sleeping units may be occupied more than ninety (90) days. Motels, motor inns, and motor lodges shall be considered "hotels" for the purpose of this chapter. Buildings which contain sleeping rooms without private baths and which do not provide heat in winter months shall be considered "seasonal hotels" and shall not be permitted.
HOUSEHOLDShall mean one (1) or more persons living together in one (1) dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a non-profit basis.
IMPERVIOUS SURFACEShall mean any material which generally reduces or prevents absorption of storm water into previously undeveloped land. Retention and detention basins and dry wells allowing water to percolate directly into the ground shall not be considered as impervious surfaces.
INSTITUTIONAL AND PUBLIC USESShall mean nonprofit public or quasi-public institutions and uses such as public and private colleges and universities, libraries, museums and correspondence and vocational schools.
INTERESTED PARTYShall mean: (a) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; (b) In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or outside the City, 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 has been denied, violated or infringed by an action or a failure to act under this chapter.
JUNKShall mean any scrap, waste, reclaimable material and debris, whether or not stored or used in conjunction with the dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk may include, for purposes of illustration, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, plaster, household appliances, wood, lumber, brush and building materials.
JUNKYARDShall mean any area, lot, parcel, building or structure used for the storage, sale, processing or abandonment of junk.
LANDShall mean ground, soil or earth including improvements and fixtures on, above or below the surface thereof.
LAND DISTURBANCEShall mean any activity involving the clearing, cutting, excavating, filling, grading, and any other activity which causes land to be altered, eroded or subject to erosion.
LANDSCAPE PLANShall mean a drawing or set of drawings, submitted in conjunction with an application for development, which indicates all the elements of the proposed landscape treatment of a site, including plant materials, structures, paving materials, landforms, grading and drainage.
LICENSED HEALTH CARE FACILITYShall mean any health care facility defined in N.J.S.A. 26:2H-2 that requires a license from the State of New Jersey Department of Health to operate.
LIGHT INDUSTRIALShall mean an establishment that engages in fabrication, assembly, or processing of goods or materials, or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion, or produce no toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes, or objectionable effluent.
LOTShall mean a designated parcel, tract or area of land established by a plot plan or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREAShall mean the computed area contained within the lot lines, but not including any street rights-of-way.
LOT COVERAGEShall mean that portion of one (1) lot or more than one (1) lot which is improved or is proposed to be improved with buildings and structures, including but not limited to driveways, parking lots, pedestrian walkways, signs and other manmade improvements on the ground surface which are more impervious than the natural surface. (See also "building coverage" and "open space.")
LOT DEPTHShall mean the average distance between the front lot line and rear lot line.
LOT LINEShall mean a line of record bounding a lot.
LOT LINE, FRONTShall mean the lot line separating a lot from a street right-of-way.
LOT LINE, REARShall mean the lot line opposite and most distant from the front lot line, or the point at which the side lot lines meet. On corner lots, there shall be only one (1) rear lot line.
LOT LINE, SIDEShall mean any lot line other than a front or rear lot line.
LOT WIDTHShall mean the distance between the side lot lines measured at the streetline. Where the side lot lines converge towards the street, the lot width may be measured at the front yard setback line.
LOT, CORNERShall mean a parcel of land either at the junction of or abutting on two (2) or more intersecting streets, or abutting a single street at the point where the road tangents deflect by more than forty-five (45°) degrees.
LOT, INTERIORShall mean a parcel of land other than a corner lot and having frontage on a street, road or other designated right-of-way.
LOT, THROUGHShall mean an interior lot which extends from one (1) street to another.
LUMINANCEShall mean the amount of light coming from a sign expressed as a measurement of the brightness of a sign face of either the light that is emitted by, or reflected from, the surface of the sign. Luminance is measured in units called "candela" per square meter (cd/m2) and is informally known as a "nit". One nit = one cd/m2.
MAINTENANCE GUARANTEEShall mean any security other than cash, which may be accepted by the City for the maintenance of any improvements required by this chapter or as a condition of Planning Board or Zoning Board of Adjustment approval.
MAKE-READY PARKING SPACEShall mean the pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a “plug and play” basis. “Make-Ready” is synonymous with the term “charger ready,” as used in P.L.2019, c.362 (N.J.S.A. 48:25-1 et al.).
[Added 11-8-2023 by Ord. No. 2023-34]
MARQUEEShall mean any permanent roof-like structure located at an entry to an entertainment establishment that projects beyond the building or extends along and projects beyond the wall of a building, generally designed and constructed to provide protection from the weather, and any sign attached to or made part of such structure.
MASSAGE PARLORShall mean an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional licensed by the State of New Jersey. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
MASTER PLANShall mean the Asbury Park Master Plan and any revisions, amendments, or additions thereto.
MICROBREWERYShall mean an establishment holding a limited brewery license issued in accordance with the State Division of Alcoholic Beverage Control (ABC), producing malt beverages, including the sale and distribution of the product to licensed wholesalers and retailers, including the retail sale of the product direct to consumers in limited quantities for consumption off the premises, or in connection with a tour of the brewery, the retail sale or offering of samples, for consumption on the premises.
MINOR SUBDIVISIONShall mean any subdivision containing not more than three (3) lots, including the remaining lot or parcel, which is not a planned development, or does not contain any new street, or does not involve the extension of any off-tract improvement.
MOTOR VEHICLE REPAIR GARAGEShall mean a building or portion of a building or land, or portion thereof, which is not primarily devoted to the retail sale of gasoline, in which the repair and maintenance of motor vehicles, including diagnostic services and repair of any component parts of an engine, power train, chassis, or body of any vehicle is conducted as a business.
MOTOR VEHICLE SERVICE STATIONShall mean any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may include facilities for lubricating, washing or servicing of motor vehicles, except that auto body work of any nature and retail sales unrelated to motor vehicle uses shall be prohibited.
NATURAL GROUND SURFACEShall mean the ground surface in its original state before any grading, excavation or filling.
NIGHTCLUBShall mean an establishment where alcoholic beverages are served that may also serve food as an adjunct to its bar business, and where music (live or recorded) is provided to patrons for their listening or dancing entertainment.
NITShall mean luminance measured in units called candela per square meter (cd/m2) and informally known as a "nit". One nit = one cd/m2.
NONCONFORMING LOTShall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter or previous ordinances, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment of this chapter.
NONCONFORMING STRUCTUREShall mean a structure which was of legal height and/or legally situated on a lot or parcel prior to the adoption, revision or amendment of this chapter or previous ordinances, 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 of this chapter.
NONCONFORMING USEShall mean a use or activity which was lawful prior to the adoption, revision or amendment of this chapter or previous ordinances, 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 of this chapter. For the purposes of this section, a use shall be considered nonconforming if the residential density or floor area ratio applied thereto exceeds the maximum permitted in the zoning district in which such use is located by reason of the adoption, revision or amendment of the Land Development Regulations.
OFF-SITEShall mean located outside the lot lines of the lot or lots in question but within the property (of which the lot is a part) which is the subject of a development or contiguous portion of a street right-of-way.
OFF-TRACTShall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street right-of-way.
OFFICE, BUSINESSShall mean a room or group of rooms used for conducting the affairs of a business or industry.
OFFICE, MEDICALShall mean a business principally engaged in providing services for health maintenance, diagnosis (including testing) and treatment of human diseases, pain or other physical or mental condition of patients by physicians or other licensed health care professionals, solely on an outpatient basis, but not to include a behavioral health care center. No overnight patients shall be kept on the premises. Examples of medical offices shall include but not be limited to general physicians, dentists, chiropractors, psychologists, cardiologists, radiologists and other various specialists.
OFFICE, PROFESSIONALShall mean the office of a member of a recognized profession, maintained for the conduct of that profession. Such professions shall specifically include licensed medical practitioners, chiropractors, psychologists, real estate practitioners, accountants, financial or insurance practitioners, legal practitioners, planning, design, and engineering professionals, travel consultants, or any other profession whose members are licensed or certified by the State of New Jersey, or any professional society or association with recognized status and national affiliations, to provide a professional service to the public.
OFFICIAL COUNTY MAPShall mean the map, with changes and additions thereto, adopted and established from time to time, by resolution of the Board of Chosen Freeholders of the County of Monmouth pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAPShall mean a map adopted in accordance with the Municipal Land Use Law, or any prior act authorizing such adoption, which map shall be deemed conclusive with respect to the location and width of the streets, public parks and playgrounds, and drainage right-of- way shown thereon.
ON-SITEShall mean located on the lot or lots in question.
ON-TRACTShall mean located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way.
OPEN SPACEShall mean 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 area may be improved with only those buildings, structures, streets and off-street-parking and other improvements that are designed to be incidental to the recreational use and enjoyment of the open space.
OPEN SPACE, PUBLICShall mean any open space area conveyed or otherwise dedicated to the City or a City agency, Board of Education, State or County agency, or other public body for recreational and conservational uses.
OWNER/APPLICANTShall mean an individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest to seek or authorize development of land under this chapter and State Statute.
PARKING AREA, PRIVATEShall mean any open area, including parking spaces, driveways and access aisles or other public way, used for the temporary storage of automobiles and other permitted vehicles for the private use of the owners or occupants of the lot on which the area is located.
PARKING AREA, PUBLICShall mean any open area, including parking spaces, driveways and access aisles, other than a street or other public way, used for the temporary storage of automobiles and other permitted vehicles and available to the public, with or without compensation or as an accommodation for clients, customers and employees.
PARTY IMMEDIATELY CONCERNEDShall mean for purposes of notice, any applicant for development, the owners of the subject property, and all owners of property and government agencies entitled to notice under this chapter.
PENNANTShall mean any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
PENTHOUSEShall mean a roofed enclosure up to twelve (12) feet in height on top of a building and occupying not more than twenty (20%) percent of the main roof area.
PERFORMANCE GUARANTEEShall mean any security, which may be accepted by the City to ensure the installation of public improvements or compliance with conditions imposed by the Planning Board or Zoning Board of Adjustment.
PERMITShall mean a certificate issued to perform work under this chapter.
PERMITTED USEShall mean any use which shall be allowed, subject to the provisions of this chapter.
PERMITTEEShall mean any person to whom a permit is issued in accordance with this chapter.
PERSONShall mean corporation, company, association, society, firm, partnership or joint-stock company, as well as individual, the State and all political subdivisions of the State or any agency or instrumentality thereof.
PERSONAL SERVICESShall mean establishments engaged in providing services involving the care of a person or their apparel, including but not limited to beauty shops, barber shops, shoe repair, tailors, nail salons, and photographic studios.
PHILANTHROPIC OR ELEEMOSYNARY USEShall mean a use established by a nonprofit organization and funded through a foundation or other charitable means for the purpose of promoting human welfare. Such uses include "shelter for the homeless" and "soup kitchens," when operated by an organization as defined herein. Such a use does not include "community residences for the developmentally disabled," "residential health care facilities" or "community shelters for victims of domestic violence" as defined in this section.
PLANNED COMMERCIAL DEVELOPMENTShall mean an application for development involving two (2) acres or more to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by this chapter.
PLANNED DEVELOPMENTShall mean planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENTShall mean an application for development involving three (3) acres or more to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate industrial uses and any commercial uses incidental to the predominant use as may be permitted by this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENTShall mean an area with a specified minimum contiguous acreage of two (2) acres or more to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include appropriate commercial, and/or public or quasi-public uses all primarily for the benefit of the residential development.
PLATShall mean a map or maps of a subdivision or site plan.
PLAT, FINALShall mean the final map of all or a portion of a subdivision or site plan which is presented to the Planning Board or Board of Adjustment for final approval in accordance with this chapter.
PLAT, PRELIMINARYShall mean the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board or Board of Adjustment for consideration and preliminary approval.
PLAT, SKETCHShall mean the sketch map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
PORCHShall mean a roofed entrance or porte cochere not more than one (1) story in height which projects beyond the main building into the required front yard area; the porch shall not be enclosed permanently or temporarily, with any type of material, nor shall there be any construction between the roof and floor of the porch except for columns or posts necessary to support the roof or an open safety railing, which shall present no more than minimal obstruction to view; provided, however, that a portable storm vestibule not more than five (5) feet in any horizontal dimension is permissible during the fall and winter months and open wire mesh removable screening in the area aforesaid is permissible during the spring and summer months.
PRELIMINARY APPROVALShall mean the conferral of certain rights pursuant to this chapter prior to the final approval after specific elements of the development plan have been agreed upon by the Planning Board or Board of Adjustment and the applicant.
PRELIMINARY FLOOR PLAN AND ELEVATIONSShall mean 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.
PRIVATE EVSEShall mean an EVSE that has restricted access to specific users (e.g., single and two-family homes, executive parking fleet parking with no access to the general public).
[Added 11-8-2023 by Ord. No. 2023-34]
PROHIBITED USEShall mean a use or use classification which is not expressly permitted in a zone district.
PUBLIC AREASShall mean existing or proposed: (1) public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSALShall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAYShall mean the land reserved or dedicated for the installation of surface or subsurface storm water drainage systems.
PUBLICLY-ACCESSIBLE EVSEShall mean an EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).
[Added 11-8-2023 by Ord. No. 2023-34]
QUORUMShall mean a majority of the full authorized membership of either the Planning Board or Zoning Board of Adjustment.
RECREATION AREAShall mean that portion of the designated open space of a development proposal which is specifically designed for the active or passive recreation of the residents of the development or general public, if so designated.
RECREATION FACILITYShall mean a place where sports, leisure time activities and customary and usual recreational activities such as set forth in major group #79 of the Standard Industrial Classification Manual are carried out.
RECREATION, COMMERCIALShall mean recreation facilities operated as a business and open to the public for a fee.
RESIDENTIAL CLUSTERShall mean two (2) or more residential dwellings of one (1) or more housing types grouped together on a site so as to provide open space for the common use of the residents. The overall permitted residential density of a site with residential clusters shall be equal to that which is specified for the zone district.
RESIDENTIAL HEALTH CARE FACILITYShall mean any establishment which furnishes food and provides any personal care or service beyond food, shelter, laundry and guidance, to any one (1) or more persons eighteen (18) years of age or older. For the purposes of this chapter, "homes for sheltered care," "rest homes" and "convalescent homes" are considered "residential health care facilities."
RESTAURANTShall mean an establishment where beverages and prepared food are served on the premises and where not less than seventy-five (75%) percent of the gross floor area is devoted to table or booth dining space for patrons.
RESUBDIVISIONShall mean: (1) 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 (2) 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 SERVICEShall mean any establishment providing a service to the public at large for a fee, including but not limited to the following, except as otherwise provided in §
30-71 of this chapter: eating and drinking places; offices for finance, insurance, real estate or travel services; personal grooming, garment and footwear services; business services; repair services except for automobiles and large items such as furniture and major household appliances such as refrigerators unless part of a retail sales business on the premises; recreation services except amusement arcades and billiard parlors; health services except licensed health care facilities and partial care programs; educational services restricted to accredited colleges or universities, licensed professional or trade schools and specialized skills training, such as dance, martial arts, fitness training or bartending schools; cultural services such as museums and art galleries.
RETAIL TRADEShall mean any establishment which engages in the sale of new merchandise to the public at large, including but not limited to the following except as otherwise provided in §
30-71 of this chapter: hardware and garden supply; general merchandise and department stores; food stores; apparel and accessory stores; home furnishing and equipment stores; appliance and electronic equipment stores; miscellaneous retail except nonstore retailers, fuel and ice dealers.
RETAIL USED CAR DEALERSHIPShall mean a business where used passenger motor vehicles are displayed and sold by a dealer licensed by the State of New Jersey. A retail used car dealership shall not include a motor vehicle repair facility as defined in this section, but may include such maintenance activities for the purpose of servicing motor vehicles so as to make them comply with the laws of the State of New Jersey.
ROOMER/BOARDERShall mean a person other than a member of a family or household occupying part of any dwelling unit, who, for a consideration, is furnished sleeping accommodations in such dwelling unit and may be furnished with meals or kitchen privileges, financial assistance, supervision or personal service as part of this consideration.
ROOMING HOUSEShall mean a boarding house wherein no personal or financial services are provided to residents.
ROOMING UNITShall mean one (1) or more rooms arranged and intended for residential occupancy but lacking either private cooking or bathroom facilities. Bedrooms to which direct access is gained by individual key operated locks shall be considered "rooming units."
SECONDHAND STOREShall mean any commercial establishment devoted exclusively to the sale of used merchandise. For the purposes of this chapter, "pawn shops," "used furniture stores" and "thrift shops" shall be considered "secondhand stores;" while dealers of authentic antiques, "nonprofit or goodwill thrift stores" and "retail used car dealers" are not considered secondhand stores. The sale of used clothing other than in conjunction with a "nonprofit" thrift shop is prohibited.
SEDIMENTShall mean any solid material that is in suspension and is being or has been moved by water, ice, wind, gravity or other means.
SEDIMENTATIONShall mean the transport and depositing of sediment.
SENIOR CITIZEN HOUSINGShall mean a building or group of buildings containing three (3) or more dwelling units designed for and exclusively occupied by senior citizens.
SEXUALLY ORIENTED BUSINESSShall mean: (1) a commercial establishment, which as one of its principal business purposes offers for sale, rental, or display any of the following: Books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or still or motion picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or instruments, devices, or paraphernalia which are designed for use in connection with a specified sexual activity; or (2) a commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a specified sexual activity or specified anatomical area. As pertaining to the determination of a sexually oriented business, Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.
a. As pertaining to the determination of a sexually oriented business, Specified anatomical area means:
1. Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if covered.
b. As pertaining to the determination of a sexually oriented business, Specified sexual activity means:
1. The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or
2. Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
SIGHT TRIANGLEShall mean a triangular shaped portion of land established at intersections in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance.
SIGNShall mean any device, fixture, placard or structure which uses color, form, graphics, illumination, architectural style or design with text, or writing to advertise, attract attention, announce the purpose of or identify the purpose of any person or entity, or to communicate information of any kind to the public. The term "sign" includes sign structure. The following shall not be considered signs subject to the regulations of this chapter: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets.
SIGN AREAShall mean the total area, as measured in square feet, of a sign surface, including all parts thereof devoted to the background including all borders and trim, computed by bounding the exterior of the sign structure or surface with a series of straight or curved lines tangent thereto. The area of a sign on an awning and signs with letters attached directly to walls or awnings shall be calculated by constructing an imaginary series of straight lines or lines formed, bounded or characterized by curves around the outside of all elements of the sign. Supports that are not part of the sign face and contain no messaging shall not be included in the sign area calculation.
SIGN FACEShall mean the part of the sign that is or can be used to identify, display, advertise, communicate information, or for the visual representation, which attracts or intends to attract the attention of the public for any purpose.
SIGN HEIGHTShall mean the vertical distance measured from ground level nearest the base of the sign to the highest point on the sign.
SIGN MAINTENANCEShall mean replacing, repairing or repainting a portion of a sign structure, or periodically changing copy or renewing copy, which has been made unusable by ordinary wear.
SIGN STRUCTUREShall mean any structure which is designed specifically for the purpose of supporting a sign, which has supports or which is capable of supporting a sign. The definition shall include any decorative covers, braces, wires, supports or other components attached to or placed around the sign structure.
SIGN, ANIMATEDShall mean a sign which includes action, motion, or color changes, or the optical illusion of action, motion or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.
SIGN, BLADEShall mean a type of projecting sign that is mounted perpendicular to the building facade.
SIGN, BUILDING OR WALLShall mean any sign erected, constructed or maintained on a building with the principal support of said sign being that building with its face in a parallel plane with the plane of the building facade or wall, that does not extend above the height of the vertical wall or eaves.
SIGN, CANOPYShall mean any sign that is a part of or attached to an awning or canopy, i.e., a fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
SIGN, CONSTRUCTIONShall mean a temporary, on-premises sign identifying an approved development during the construction phase of a project prior to completion of the work for which permission was granted containing sign copy that is limited to the development activity and identifying the owner/developer, contractors/subcontractors, designers, financiers or sponsors.
SIGN, DIRECTIONALShall mean a noncommercial on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises, and not displaying a commercial message (e.g., (entrance," "exit," "caution," "no parking". "one way", "no trespassing," and the like).
SIGN, DOUBLE-FACEDShall mean a single sign with copy on both sides of the sign and mounted as a single structure.
SIGN, FLASHINGShall mean a sign which permits light to be turned on or off intermittently more frequently than once per minute or any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including a LED (light-emitting diode) or digital sign, and changes more frequently than once per minute.
SIGN, FREESTANDINGShall mean a sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure.
SIGN, FUTURE DEVELOPMENTShall mean a sign that functions to advertise the future or proposed development of the premises upon which the sign is erected.
SIGN, ILLEGALShall mean any sign which was unlawfully erected or which has been determined to be in violation of any provision of Article
XII of the Asbury Park City Land Development Ordinance.
SIGN, ILLUMINATEDShall mean any sign or portion thereof that is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.
SIGN, INCIDENTALShall mean a sign not exceeding one square foot in size attached to a freestanding sign or affixed to wall that either:
a. Identifies credit cards accepted by the owner, tenant or occupant of the lot where the incidental sign is located; or
b. Provides an official notice of services required by law or trade affiliation.
SIGN, INTERMITTENTShall mean a sign which permits light to be turned on or off intermittently more frequently than once every 24 hours or which is operated in a way whereby light is turned on or off intermittently more frequently than once every 24 hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including a LED (light-emitting diode) or digital sign, and that varies in intensity or color more frequently than once every 24 hours.
SIGN, NONCONFORMINGShall mean a sign that was lawfully erected but no longer conforms to the regulations provided in Chapter
30 of the Asbury Park City Land Development Regulations.
SIGN, OFF-PREMISES OR OFF-SITEShall mean any sign relating in its subject matter to commodities, accommodations, services or activities on premises other than the premises on which the sign is located.
SIGN, PERMANENTShall mean any sign which, when installed, is intended for permanent use. For the purposes of this chapter, any sign with an intended use in excess of six months from the date of installation shall be deemed a permanent sign.
SIGN, PORTABLEShall mean any sign, banner or poster that is not permanently attached to the ground or structure. For purposes of this chapter, an inflatable sign shall be considered a portable sign.
SIGN, REAL ESTATEShall mean a sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.
SIGN, ROOFShall mean any sign erected and constructed wholly on or over the roof of a building which is supported by the roof structure, or any sign that extends in whole or in part above the roofline of a building. For purposes of this definition, "roofline" shall mean the highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal eave or the highest line common to one or more principal eaves of a roof. On a flat roof, the roofline is the highest continuous line of a roof or parapet, whichever is higher.
SIGN, SANDWICH BOARDShall mean a temporary, portable, double-faced, freestanding sign in an "A-Frame" configuration and that is supported only by the two panels that also serve to display the message(s), or the legs that serve as the frame for display panels. Such signs shall not include any supporting elements separate from the display panels themselves.
SIGN, SNIPE (BANDIT SIGN)Shall mean any sign tacked, nailed, posted, pasted, glued or otherwise attached to trees, rocks or other natural features, or poles, stakes or fences with the message appearing thereon not applicable to the present use of the premises upon which the sign is located. This shall not include warning signs such as "no trespassing" signs or "no hunting" signs.
SIGN, SPECIAL EVENTShall mean a sign, regardless of its content, providing notice of or direction to an event, gathering, assembly or meeting that is open to the public at large.
SIGN, STATUTORYShall mean a sign required by any statute or regulation of the State of New Jersey or United States.
SIGN, STREET ADDRESSShall mean any sign denoting the street address of the premises on which it is attached or located.
SIGN, TEMPORARYShall mean a sign intended for a use not permanent in nature. A sign with an intended use of 60 days or less shall be deemed a temporary sign, unless specified otherwise herein.
SIGN, TRAFFIC CONTROL DEVICEShall mean any sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the national standard. A traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational or cultural information).
SIGN, VEHICLEShall mean any sign or signs where the total sign area covers more than 10 square feet of the vehicle.
SIGN, VIEWPOINTShall mean a sign communicating information or views on matters of public policy or public concern or containing any other noncommercial message, that is otherwise lawful. Viewpoint signs are exempt from content regulations within the scope of protected speech; and any other requirements in conflict with federal and state common law protecting expressive activity and viewpoint communication.
SIGN, WARNING or SAFETY SIGNShall mean a sign that functions to provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that functions to provide a warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).
SIGN, WINDShall mean a sign which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include banners, pennants, ribbons, spinners, streamers or captive balloons; however, the term "wind signs" shall not include flags.
SIGN, WINDOWShall mean any sign mounted in any fashion on the interior or exterior of the surface of a window.
SITEShall mean any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLANShall mean a development plan of one (1) or more lots on which is shown: (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways; (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and (3) any other information that may be reasonably required in order that an informed determination may be made by the Boards pursuant to this chapter.
SOIL CONSERVATION DISTRICTShall mean the governmental subdivision of this State which encompasses this City, organized in accordance with the provisions of Chapter 23, Title 4 (N.J.S.A. 4:24-1 et seq.).
SOIL EROSION AND SEDIMENTATION CONTROL PLANShall mean a plan which indicates necessary land treatment measures, including a schedule for installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be at least equivalent to the standards and specifications as adopted by the Freehold Soil Conservation District.
SOUP KITCHEN/FOOD PANTRYShall mean an establishment engaged primarily in distributing food directly to the needy, for free or at very low cost.
SPECIAL ANATOMICAL AREASShall mean and include any of the following: (1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the areola; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIAL QUESTIONShall mean a matter which is brought before the Zoning Board of Adjustment pursuant to §
30-22.3b. Special questions shall be exempt from the notice requirements of §
30-29.2.
STACKED PARKINGShall mean motor vehicle parking spaces which conform to the minimum stall width and length requirements of §
30-59 but which are stacked vertically atop one another.
STEP-DOWN FACILITIESShall mean a residential facility consisting of living accommodations for former patients diagnosed and treated in a medical institution for a high risk transmittable disease such as Acquired Immune Deficiency Syndrome (AIDS) and where specialized medical care continues to be provided to such residents. Step-down facilities, as herein defined, shall be regulated as a "community residence" in accordance with the provisions of subsection
30-76.3c., except that such provisions shall apply to former patients diagnosed and treated in a medical institution for a high risk transmittable disease rather than to "developmentally disabled" or "mentally ill" persons.
STOOPShall mean a narrow staircase ending with an uncovered platform at a building entrance.
STORMWATER DETENTIONShall mean any storm drainage technique which retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
STORYShall mean that portion of a building included between the surface of any floor and the surface of the floor next above it, or in its absence, the ceiling or roof above.
STORY, HALFShall mean a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space, the possible floor area with head room of five (5) feet or less occupies at least forty (40%) percent of the total area of the story directly beneath.
STREETShall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way: (1) which is an existing State, County, or municipal roadway; or (2) which is shown upon a plat heretofore approved pursuant to law; or (3) which is approved by official action as provided by this act; or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. An alley, as defined in §
30-15, does not constitute a "street" as is defined herein and lots having frontage on an alley shall not be construed as having frontage on a street for the purposes of compliance with paragraph e of §
30-68.2.
STREET LINEShall mean the dividing line between a street and an abutting lot.
STREET, ARTERIALShall mean: (1) a street so designated in the duly adopted or revised Asbury Park Master Plan; or (2) a street used and intended as a thoroughfare between neighborhoods and as a connector to major highways.
STREET, LOCALShall mean a street which is used and intended primarily for access to abutting properties.
STRUCTUREShall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of land or water.
STRUCTURE, ADVERTISINGShall mean any rigid or semi-rigid material with or without a sign displayed thereon, situated upon or attached to real property outdoors for the purpose of furnishing a background, base or support on which a sign may be posted or displayed.
SUBDIVISIONShall mean the division of a lot, tract or parcel of land into two (2) 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: (1) divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size; (2) divisions of property by testamentary or intestate provisions; (3) divisions of property upon court order; and (4) conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
SUBSTANTIAL IMPROVEMENTShall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications, which are solely necessary to assure safe living conditions; or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
TANDEM PARKINGShall mean motor vehicle parking spaces which conform to the minimum stall width and length requirements of §
30-59 but which are oriented with one space in front of another with no aisleway or other space between them.
TEMPORARY STRUCTUREShall mean a tent or similar structure made of solid or flexible materials. No tent or other temporary structure shall be erected for a period exceeding fourteen (14) days in any twelve (12) month period.
THEME ENTERTAINMENT CENTERShall mean one (1) or more buildings arranged and intended to provide various forms of entertainment based upon a central theme and designed to educate participants and spectators on subject matter related to that theme.
TOWNHOUSEShall mean a multi-family housing style that consists of not less than three (3) single-family attached dwelling units, in one structure, separated by vertical party walls.
TRACTShall mean property which is the subject of a development application.
TRAILERShall mean a vehicle used for carrying people, carrying or storing material or objects, or for temporary working, living or sleeping purposes, and standing on wheels or on rigid supports.
URGENT CAREShall mean any use engaged in providing walk-in, extended hour access for acute illness and injury care that is either beyond the scope or availability of the typical primary care practice or medical clinic. No overnight patients shall be kept on the premises. Medical offices and hospitals shall not be included.
VARIANCE, BULKShall mean relief from the literal application of any of the standards or requirements of Article
VI of this chapter, other than permitted uses and as specified in the Municipal Land Use Law (N.J.S.A. 40:55D-70c).
VARIANCE, USEShall mean relief from the literal application of any of the standards of Article
VI of this chapter, governing permitted land uses and as specified in the Municipal Land Use Law (N.J.S.A. 40:55D-70d).
VEHICLE, MOTORShall mean any device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks, or motorized bicycles.
VEHICLE, RECREATIONALShall mean vehicular type, portable structures which can be towed, hauled or driven, primarily designed as temporary living accommodations for recreational, camping and travel use and including travel trailers, truck campers, camping trailers and self-powered motor homes.
VEHICULAR SALE AREAShall mean an open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.
WAREHOUSEShall mean an establishment in which the principal use is long or short term storage and which is inaccessible to the public during normal business hours for the purpose of purchasing merchandise.
YARDShall mean the exterior open area between the wall of a building or structure and a lot line.
YARD, FRONTShall mean the exterior open area extending the full width of the lot between the street line and the nearest front wall of a building or structure.
YARD, REARShall mean the exterior open area extending the full width of the lot area between the nearest rear wall of a principal building or structure and the rear lot line.
YARD, SIDEShall mean the exterior open area between the side lot line and the side wall of a building or structure and extending from the front yard to the rear yard.
ZONING BOUNDARYShall mean the dividing line between one (1) zoning district and another.
ZONING DISTRICTShall mean a contiguous area delineated on the duly adopted and revised Zoning Plan Map which is attached to and made a part hereof, where land uses and development are regulated as specified in this chapter.
ZONING PERMITShall mean a document signed by the Zoning Officer or Zoning Inspector which is required by this chapter, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building; and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom.