Whenever a term is used in this chapter which is defined in the Municipal Land Use Law, such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of the chapter or the term is otherwise defined herein.
ACCESSORY STRUCTUREA structure located on the same lot and customarily incidental and subordinate to the principal building or use. See "structure."
[Added 7-28-2009 by Ord. No. 14-09]
ACCESSORY USEA use customarily incidental and subordinate to the principal use or structure and located on the same lot with such principal use or structure.
ACTIVE RECREATIONAL SPORTS AND ENTERTAINMENT FACILITYAny facility designed primarily for competitive or recreational sports and athletic activities, as well as the presentation of public entertainment events and expositions. Eating and drinking facilities, retail specialty shops and electronic/video apparatus shall be allowed as an accessory use within said active recreational sports and entertainment facility.
[Added 2-14-1995 by Ord. No. 8-95]
ADULT ENTERTAINMENT USES[Added 2-14-1995 by Ord. No. 6-95]A. Includes uses, alone or in combination, such as the following:
(1) ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, novelty items, movies and/or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, or an establishment with a segment or section devoted to the sale or display of such material.
(2) ADULT MOTION PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
(3) ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
(4) CABARETAn establishment which features go-go dancers, exotic dancers, strippers or similar entertainers or employees.
B. For the purpose of this definition, "specified sexual activities" is defined as human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genitals, pubic region, buttock or/female breast; and "specified anatomical areas" is defined as less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola and/or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
ALTERATIONSAny change in or rearrangement of structural parts of a building.
ARCADEAny place of business displaying for public patronage or keeping for operation in excess of two mechanical and/or electronic amusement devices.
BASEMENTA portion of a building partly underground but having less than 1/2 of its clear height below finished grade.
BEACH CLUBAn establishment owning and/or operating ocean beach property as a bathing beach, whether or not additional recreational facilities are provided, operated on a membership basis and restricted to the use of members and their guests.
BEDROOMAny space or area in a building used for, but not limited to, the following: sleeping facilities, guest room, library, game room, sun room, private office, hobby room, den, sitting room, home gym, loft or any other similar-type use.
BOARDThe Planning Board or Zoning Board of Adjustment of the City.
BOARDINGHOUSEAny dwelling in which more than one person is housed or lodged for hire with meals. A nursing, rest, or convalescent home shall not be deemed a boardinghouse. A home for sheltered care of adult persons as defined by N.J.S.A. 30:11A-1 shall not be considered a boardinghouse.
BUFFER STRIPA continuous planting strip of trees and/or shrubs densely planted so as to restrict a clear view beyond such strip. Buffer planting in front yard areas may not exceed four feet in height. Buffer plantings in side or rear yards must be at least six feet in height.
BUILDINGAny structure having a roof supported by columns, piers or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods or materials of any kind.
[Amended 7-28-2009 by Ord. No. 14-09]
BUILDING, ACCESSORYA subordinate building on the same lot as the principal or main building or use that may be used as an accessory use and may not be used as or converted to a separate dwelling unit, business or principal use. See "building" and "accessory use."
[Added 7-28-2009 by Ord. No. 14-09]
BUILDING AREA (GROUND COVER)The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps, except as otherwise provided. (See §
345-11V.) Such areas shall be computed by using outside building dimensions. For the purpose of calculating parking requirements, fees and/or variances, the gross floor area (see definition) and/or gross habitable floor area (see definition) requirements shall apply.
[Amended 6-22-1993 by Ord. No. 19-93]
BUILDING HEIGHTThe vertical distance measured from the average elevation of the proposed finished grade at each of the corners of the building to the highest point of the building or roof peak, whichever is higher, exclusive of chimneys and similar structures as listed in §
345-10A. Where terracing of roofs is involved, the vertical distance shall be measured from the mean ground level to the highest terrace. (See also "grade, finished.")
BUILDING LINEA line formed by the vertical projection to the ground of the exterior surface of the building on any side. In cases of a cantilevered section of a building or sun parlors and covered porches, whether enclosed or unenclosed, but not including the steps, the vertical projection will coincide with the surface nearest the lot lines. All yards are measured to the building line. However, bay windows, fireplaces and cantilevered or bowed rooms may extend beyond the foregoing, but in no event more than two feet from the rear and front building line only, and shall not exceed 25% of the entire building line. Open columns and roofs over front stairs may also extend beyond the foregoing, but in no event further than six feet toward the street and shall not exceed 12 feet in width.
[Amended 8-13-2002 by Ord. No. 31-02]
BUILDING, PRINCIPALA building within which is conducted the main or principal use of the lot on which such building is situated.
CANNABIS CONSUMPTION AREAA designated location either operated by a licensed retailer for adult use or a permit holder for dispensing medical cannabis for which both a state and local endorsement has been obtained, that is either:
[Added 12-8-2021 by Ord. No. 22-21]
A. An indoor structurally enclosed area of the cannabis retailer for adult use or permit holder that is separate from the area in which retail sales of cannabis items for adult use or the dispensing of medical cannabis occurs; or
B. An exterior structure on the same premises as the cannabis retailer or permit holder, either separate from or connected to the cannabis retailer or permit holder, at which cannabis items or medical either obtained from the retailer or permit holder, or brought by a person to the consumption area, may be consumed.
CANNABIS CULTIVATORAny 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. This person or entity shall hold a Class 1 cannabis cultivator's license.
[Added 12-8-2021 by Ord. No. 22-21]
CANNABIS DELIVERY SERVICEAny licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service which, after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 cannabis delivery license.
[Added 12-8-2021 by Ord. No. 22-21]
CANNABIS DISTRIBUTORAny 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. This person or entity shall hold a Class 4 cannabis distributor's license.
[Added 12-8-2021 by Ord. No. 22-21]
CANNABIS MANUFACTURERAny 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 the other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer's license.
[Added 12-8-2021 by Ord. No. 22-21]
CANNABIS RETAILERAny 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 the 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. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 cannabis retail license.
[Added 12-8-2021 by Ord. No. 22-21]
CANNABIS WHOLESALERAny 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. This person or entity shall hold a Class 3 cannabis wholesaler license.
[Added 12-8-2021 by Ord. No. 22-21]
CELLARA story partly or completely underground and having more than 1/2 of its clear height below the average level of the finished grade at the perimeter of the building.
CERTIFICATE OF OCCUPANCYA certificate issued by the Construction Official upon completed construction, alteration or change of use of a building. The certificate shall acknowledge compliance with all requirements of the State Uniform Construction Code, N.J.A.C. 5:23-1 et seq., as amended. A certificate of occupancy is issued by the Fire Prevention Bureau prior to a change of occupancy of any building. The certificate shall acknowledge compliance with all requirements of the BOCA National Property Maintenance Code, 1996 Edition, as adopted in §
262-21 of this Code.
[Amended 7-27-2004 by Ord. No. 26-04; 6-12-2007 by Ord. No. 24-07; 6-25-2013 by Ord. No. 8-13]
CHURCHA building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples and similar designations, as well as parish houses, convents and such accessory uses.
CLUB, MEMBERSHIPPremises and/or buildings maintained by an organization catering exclusively to members and their guests for social, recreational or athletic purposes, which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
COMMUNITY FARMERS MARKETAn established area where several farmers/growers gather on a regular, recurring basis to sell a variety of fresh fruits and vegetables as well as other farm products directly to the consumer.
[Added 5-26-2009 by Ord. No. 9-09]
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLEDAny community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community and shall include but not be limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136, (N.J.S.A. 26:2H-1 et al.).
[Amended 11-10-1998 by Ord. No. 38-98; 2-23-1999 by Ord. No. 14-99]
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEAny shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or physiological welfare.
[Amended 11-10-1998 by Ord. No. 38-98; 2-23-1999 by Ord. No. 14-99]
CONDITIONAL USEA use permitted in a particular zoning district only upon a showing that such a use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the provisions of this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONVENIENCE STORETypically a store dedicated to the selling of foodstuffs and/or general merchandise which is specifically designed to provide a limited stock-in-trade and which caters to quick in-and-out shopping. A convenience store may contain a delicatessen or prepared food section. A convenience store may contain not more than two coin-operated amusement machines. The maximum floor area allowed for a convenience store is 3,000 square feet.
COVERAGEThat percentage of the plot or lot area covered by the building area.
CRAWL SPACEAn unfinished area of five feet or less in height between ground level and floor joists or ceiling joists and roof rafters suitable for storage but not habitation.
DELICATESSENA business venture primarily concerned with the retail sale of groceries, cooked meats, hors d'oeuvres, prepared salads and sandwiches. As an adjunct to such use, a delicatessen may set aside no more than 30% of the overall area of the store for an on-site dining area.
DENSITYThe number of dwelling units, which may be or are developed per gross acre of land, including areas used for public access and/or open space.
DEVELOPMENTALLY DISABLED PERSONA person who is developmentally disabled as defined in § 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
[Amended 11-10-1998 by Ord. No. 38-98; 2-23-1999 by Ord. No. 14-99]
DWELLING, ONE-BEDROOM APARTMENTIncludes the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a bedroom; and/or outdoor patio. No additional room shall be permitted excepting hallways and suitable closet and storage space unless such extra room is clearly designated as an additional bedroom.
DWELLING, ONE-FAMILYA detached building and dwelling unit designed for or occupied exclusively by a reasonable number of persons (in relation to available sleeping and bathroom facilities), living and cooking together as a bona fide single housekeeping unit, exclusive of household servants, and constituting a stable and permanent living unit of a distinct domestic character, in a traditional family unit or the functional equivalent thereof, using certain rooms and housekeeping facilities in common. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization which is not a recognized religious order and shall not include boardinghouses or dormitories.
[Amended 10-10-2000 by Ord. No. 36-00; 7-27-2004 by Ord. No. 26-04]
DWELLINGS, STANDARDS TO BE APPLIEDFor all dwellings in the City of Long Branch, the following standards are adopted by reference: In accordance with the provisions of N.J.S.A. 40:49-5.1, the BOCA National Property Maintenance Code, 1996 Edition, excluding Section PM-11.0, et seq., Means of appeal, is hereby adopted as the standard governing supplied utilities, facilities and other physical things and conditions to make buildings and dwellings, both residential and nonresidential, safe, sanitary and fit for human habitation, occupancy or use. A copy of the BOCA National Property Maintenance Code, 1996 Edition, is attached and made a part of this chapter without the text being included therein.
[Added 11-28-2000 by Ord. No. 48-00]
DWELLING, THREE-BEDROOM APARTMENTIncludes the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom and third bedroom; and/or an outdoor patio.
DWELLING, TWO-BEDROOM APARTMENTIncludes the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; and second bedroom; and/or an outdoor patio. No additional room shall be permitted, excepting hallways and suitable closet and storage space, unless such extra room is clearly designated as an additional bedroom.
DWELLING UNITA building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one family and which is entirely separated from any other dwelling unit in the building by vertical walls or horizontal floors, unpierced, except for access to the outside or a common cellar.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electric, steam, water or sewage transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, meters, valves and other similar equipment and accessories in connection therewith, including housing for any of the foregoing, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies for the public health or safety or general welfare.
FAMILYA reasonable number of persons (in relation to available sleeping and bathroom facilities) occupying a dwelling unit and living as a bona fide single, nonprofit housekeeping unit, living and cooking together, and constituting a stable and permanent living unit of a distinct domestic character, being a traditional family unit or the functional equivalent thereof, using certain rooms and housekeeping facilities in common. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization which is not a recognized religious order.
[Amended 10-10-2000 by Ord. No. 36-00; 7-27-2004 by Ord. No. 26-04]
FARM MARKETA retail outlet normally owned or operated by a producer or farm unit, located on-farm or off-farm, selling products produced by the farm directly to the consumer.
[Added 5-26-2009 by Ord. No. 9-09]
FENCEAn artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure of yard areas.
FRATERNITY HOUSE, COLLEGIATEA building rented, occupied or owned by a general or local chapter of some regularly organized college fraternity, or on its behalf, by a building corporation or association composed of members of alumni thereof, and occupied by members of a local chapter of such fraternity as a place of residence. Fraternity or sorority houses shall not be permitted in any zone within the City.
GARAGE, PRIVATEA building used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business or services for profit are carried on.
GARAGE, PUBLICAny garage other than a private garage, available to the public, operated for gain and which is used for the storage of automobiles or other motor vehicles, including the supply of gasoline or oil or other fuel for vehicular propulsion.
GARDEN APARTMENTOne or more multifamily buildings designed and erected as an integrated development with singleness of use and operation and which utilizes such common facilities as pedestrian walks, parking and garage areas, open space or recreation areas and utility, sanitary and drainage systems.
GRADE, EXISTINGThe existing undisturbed elevation of land, ground and topography preexisting or existing on a lot, parcel or tract of land in the City at the time of the adoption of this chapter.
GRADE, FINISHEDThe completed surface of lawns, walks and roads brought to grade as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved. In the event that a lot or lots are to be regraded in order to increase the lot height, and as a result building height shall be increased beyond the original allowable height and no other provision of this section requires the prior approval of the same, then in that event, a site plan shall be submitted to the Planning Board of the City of Long Branch. It is the intent of this section of this provision to prohibit the increase of allowable building height by means of the use of mounding, terracing or other devices without the appropriate board reviewing and approving a site plan of such proposed grade changes. However, such approval shall not be required for a single-family home with an increase of lot height of 18 inches or less measured at the average perimeter of the building.
A. A zoning permit shall be required should any portion of any property be graded more than 18 inches over an area of 5,000 square feet or more, or any portion of any property be graded above three feet, and no site plan review is required. Plans drawn by an appropriate licensed professional, showing existing and proposed evaluations and contours, shall be submitted for review. An escrow shall be posted in a minimum amount of $500 in order for the City Engineers to do a drainage and grading review, to which the applicant will be bound by its conditions or requirements. This requirement shall also apply to any development or grading activity not requiring a site plan review which is located in a floodplain.
[Added 4-10-2001 by Ord. No. 12-01]
GROSS FLOOR AREAThe sum of the gross horizontal areas of all of the floors of a building measured between the inside face of the exterior walls or from the center line of walls common to two dwelling units.
GROSS HABITABLE FLOOR AREAThe sum of the gross horizontal areas of all of the floors of a building measured between the inside face of exterior walls or from the center line of walls separating two units, having a clear ceiling height of six feet or greater. Any cellar, basement, hallways, closets, storage areas, garage space, breezeways, interior patios, enclosed porches or accessory buildings are not to be included in computing gross habitable floor area.
HAIR STYLING SHOPAny establishment duly licensed by the New Jersey Division of Consumer Affairs Board of Cosmetology and Hair Styling to provide those services authorized under the pertinent rules and regulations promulgated by the Office of Administrative Law. Said establishment may also sell related supplies and accessories in such quantities reasonably necessary to fulfill the needs of its customers.
[Added 2-14-1995 by Ord. No. 8-95]
HEALTH SPA/GYMAn establishment that, by its nature, provides apparatus and/or instruction in various aerobic and/or athletic exercises.
[Added 6-22-1993 by Ord. No. 19-93]
HOME OCCUPATIONAn accessory use of a service character, customarily conducted within a dwelling solely by the residents, which occupies not more than 35% of the gross floor area of the dwelling and does not change the character or any exterior evidence of such secondary use, other than a permitted identification sign, and, in connection therewith, there is not involved the keeping of stock-in-trade. Such occupations as dressmaker, tailor, milliner, typist and instructor in violin, piano or other individual musical instrument, which offer direct personal instruction or services on an individual basis, shall be deemed to be a home occupation. For the purposes of this chapter, this shall mean the accommodation of one individual at any one time on the premises.
HOME PROFESSIONAL OFFICEThe office of a member of a recognized learned profession as hereinafter indicated when conducted by a member of the residential family entirely within a residential building and shall include only the office of a doctor, lawyer, architect, engineer and similar learned professional occupations herein restricted, provided that not more than two persons, not resident on the premises, shall be employed upon the premises. The offices shall not occupy more than the equivalent of 40% of the area of the first floor of the principal building. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Studios for dancing instructions, band instrument or voice instruction in groups, tearooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, real estate offices, mortuary establishments, biological or other medical testing laboratory and stores, trades or businesses of any kind not herein excepted shall not be deemed to be home professional offices.
HOSPITALAn institution providing health services under the supervision of licensed physicians, primarily for human inpatients and medical and surgical care for the sick or injured, and including related facilities, central service facilities and staff offices which are an integral part of the facilities.
HOTELAn establishment providing lodging and usually meals for the general public, especially transients. It may include such uses incident to the operation as herein defined as follows: rest rooms, offices, meeting rooms, swimming pools, cabanas, restaurants, cocktail lounges, beauty parlors, barbershops, men's and women's wearing apparel stores, sale of newspapers, periodicals, souvenirs, cigars, cigarettes and novelties, jewelry stores, drug and sundry stores and soda fountains, florist shops and stock brokerage offices. The uses when proposed as part of and in direct support of the above-described establishments shall be conducted within the principal building with the exception of cabanas and swimming pools.
JUKEBOXAny music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated for the emission of songs, music or similar amusement.
JUNK OR SALVAGE YARDAny area and/or structure used or intended to be used for selling, buying, storing or trading of used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles, boats or equipment of any kind. The premises on which the deposit or storage of any used, wrecked or otherwise disabled vehicles, boats or other parts occurs for a period of one month or more shall be deemed to be a junkyard.
KINDERGARTENAn establishment where four or more children are kept during the daytime for elementary instruction.
LOTA parcel or area of land the dimensions and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.
A. LOT AREAAn area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
B. LOT AREA RATIOThe minimum lot area in square feet which is required for each dwelling unit.
C. LOT, CORNERA parcel of land at the junction of and fronting on two or more intersecting streets.
D. LOT COVERAGEThat percentage of the lot area which may be devoted to structure area. (See "structure.")
[Amended 6-22-1993 by Ord. No. 19-93]
E. LOT DEPTHThe average horizontal distance between the front and rear lot lines, measured at right angles to the street.
F. LOT FRONTAGEA lot line or portion thereof which is coexistent with a street line. In the case of a street of undefined width, the lot lines shall be assumed to parallel the center line of the street at a distance of 25 feet therefrom. In the case of corner lots, the smaller of the two lot lines coexistent with street lines shall be considered as the frontage.
G. LOT LINEAny line designating the extent of existing or intended separate parcels of land according to maps and plats of record filed with the County Recorder, regardless of ownership.
H. LOT WIDTHThe horizontal distance between the side lot lines measured at right angles to its depth and at a point which constitutes the rear line of the required front yard space.
I. (1) Contains a lot frontage as measured at the street right-of-way line of less than 50% of the minimum lot width requirement;
(2) Contains any appendages or areas which will not allow for the potential development of any conforming structure or use; or
(3) Contains more than six sides.
[Amended 6-22-1993 by Ord. No. 19-93]
MANUFACTURINGThe treatment or processing of raw products and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
MASTER PLANA composite of one or more written or graphic proposals for the development of the City as set forth and adopted pursuant to N.J.S.A. 40:55D-28.
MECHANICAL OR ELECTRONIC AMUSEMENT DEVICEAny machine which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include, but not be limited to, marble machines, pinball machines, skill ball, mechanical grab machines and any mechanical or electronic video game operation or transaction similar thereto and under whatever name it may be indicated. It shall not include nor shall this definition apply to jukeboxes.
MEDICAL AND ALLIED MEDICAL PROFESSIONAL OFFICESThe offices to be utilized by a member of a recognized medical and allied medical profession. Such office shall contain but not be limited to facilities necessary for the treatment, examination, research and study of the problems associated with the uses permitted in the Medical Center (M) Zone.
MEDICAL AND ALLIED MEDICAL PROFESSIONSThose professions necessary for patient care, treatment, examination, study and research in the fields, including but not limited to medical, dental and dental hygiene, optometry, chiropractic, podiatry, psychiatric, psychological, physical therapy and pharmacological professions.
MEDICAL AND CLINICAL LABORATORIESThose facilities utilized by a medical center and/or hospital in the diagnostic, prognostic and physical care and treatment of its patients, as well as facilities used by the medical and allied medical professions.
MEDICAL CENTERSA complex of principal and accessory buildings and facilities utilized in the medical and surgical treatment and care of patients, as well as those buildings and structures used for the maintenance of these buildings and necessary related facilities, to include, but not be limited to, medical and allied medical professional offices, educational and training facilities, laboratories and outpatient medical clinics.
MID-RISE APARTMENTA group of one or more buildings of not more than six stories of dwelling units designed and erected as a project of dwelling units with singleness of use and operation and where joint or communal use is to be made of open areas by the occupants, whether it be for recreation, parking of automobiles or other communal purposes. Parking levels below finished grade shall not be counted toward the six-story limitation.
MOTELA series of attached units for transient occupancy where each unit has direct access to parking space for use of the unit's occupant. The units shall include facilities for living and sleeping only and shall include a bedroom and a separate bathroom which affords privacy to a person within the room and which is equipped with a flush water closet, a lavatory basin and a bathtub or shower. A motel may include such uses incident to the operation as herein defined as follows: rest rooms, offices, meeting rooms, swimming pools, cabanas, restaurants, cocktail lounges, beauty parlors, barbershops, men's and women's wearing apparel stores, sale of newspapers, periodicals, souvenirs, cigars, cigarettes and novelties, jewelry stores, drug and sundry stores and soda fountains, florist shops and stock brokerage offices. Such uses when proposed as part of and in direct support of the above-described establishment shall be conducted within the principal building with the exception of cabanas and swimming pools.
MOTEL, EFFICIENCYA series of attached units for occupancy where each unit has direct access to parking space for use of the unit's occupant. The units shall include a combination room for living, sleeping, cooking and eating and shall include a bedroom and a separate bathroom which affords privacy to a person within the room and which is equipped with a flush water closet, a lavatory basin and a bathtub or shower. It may include such uses incident to the operation as herein defined as follows: rest rooms, offices, meeting rooms, swimming pools, cabanas, restaurants, cocktail lounges, beauty parlors, barbershops, men's and women's wearing apparel stores, sales of newspapers, periodicals, souvenirs, cigars, cigarettes and novelties, jewelry stores, drug and sundry stores and soda fountains, florist shops and stock brokerage offices. Such uses when proposed as part of or in direct support of the above-described establishment shall be conducted within the principal building with the exception of cabanas and swimming pools.
MOTOR VEHICLE SERVICE STATIONAny area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances and which may or may not include facilities for lubricating, washing or other minor services to motor vehicles.
NONCONFORMING BUILDING OR STRUCTUREA building or structure which, in its design or location upon a lot, was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the regulations of this chapter for the zone in which it is located by reason of such adoption or amendment.
NONCONFORMING LOTA lot of record existing which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zone in which it is located by reason of such adoption or amendment.
NONCONFORMING USEA use of a building or of land which conformed to the lawful requirements for the zone in which it is located prior to the adoption or amendment of this chapter, but which fails to conform to the regulations of this chapter for the zone in which it is located by reason of such adoption or amendment.
NURSERYA privately operated establishment where four or more children under six years of age are kept during the daytime while their parent or parents are at work or otherwise engaged.
NURSING, REST OR CONVALESCENT HOMEA health facility licensed by the City where persons are housed and furnished with meals and continuing nursing care in return for compensation and under the general supervision of a licensed physician or registered nurse. A home for the sheltered care of adult persons as defined by N.J.S.A. 30:11A-1 shall not be considered a nursing, rest or convalescent home.
OCCUPANCYThe specific purpose for which land or a building is used, designed or maintained.
OFF-SITELocated outside the lot lines of the lot in question, but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACTNot located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITELocated on the lot in question.
ON-TRACTLocated on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACEAny parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OPEN SPACE, COMMONAn 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.
OPEN SPACE, PUBLICAn open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, state or county agency or other public body for recreational or conservational uses.
OPEN SPACE, UNOCCUPIEDAn unoccupied, grassed, wooded or landscaped area open to the sky on the same lot with a principal and/or accessory building. Improved sidewalks, paved paths or other pedestrianways within an unoccupied open space area which exceed four feet in width shall be deducted in determining the unoccupied open space area. Parking area or traffic channelization islands which are not landscaped or which have an area less than 350 square feet shall not be considered as unoccupied open space.
PARKING AREAA public or private area, designated and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas.
[Added 4-24-2012 by Ord. No. 8-12]
PARKING LOTAn off-street, ground-level open area that provides temporary storage for motor vehicles. See "parking area."
[Added 4-24-2012 by Ord. No. 8-12]
PARKING SPACEAn off-street space available for the rectangle parking of a motor vehicle and which in this chapter is held to be at least nine feet in width and 18 feet in length, exclusive of passageways appurtenant thereto and giving access thereto.
PERMANENT RESIDENTThe owner/occupant of a one-family dwelling or a tenant or group of tenants, the majority of whom have resided in the one-family dwelling for a continuous period of two years, or who have a written lease for the premises of at least two years’ duration, or have resided in the premises for at least one year and have a lease for at least one additional year at the time an application is made.
[Added 6-12-2007 by Ord. No. 24-07]
PIERA structurally sound combination of materials which extends from the westerly side of the state bulkhead for a minimum distance of 300 feet east of the existing mean high-water mark.
PORTABLE CONTAINERIZED PROPERTY STORAGE FACILITY (PCPSF)A temporary portable containerized property storage facility or unit intended to be utilized upon the exterior of residential premises for the purpose of storing all types of items of personal and household property either for pure storage or to facilitate the moving of persons from household unit to household unit, with the understanding that such unit, after the period of time as noted in §
345-11P, will be moved to commercial storage facilities.
[Added 12-27-2011 by Ord. No. 40-11]
PROFESSIONAL OFFICEThe office of a member of a recognized profession, which shall be so designated by the approving authority upon finding by such approving authority that such occupation is professional in character and requires licensing and training and experience as a condition for the practice thereof, and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to any greater extent than would the permitted uses listed in that zone. The issuance of a state or local license for regulation of any such occupation shall not, alone, be deemed indicative of professional standing. When such office is combined with a residence, the conditions of home occupation or, where applicable, home professional office shall apply.
PUBLIC AREASA. Public parks, playgrounds, trails, paths and other recreational areas.
B. Other public open spaces.
C. Scenic and historic sites.
D. Sites for schools and other public buildings and structures.
RECYCLING PLANTAn establishment where glass, metal, aluminum and paper waste products are brought for separation, preparation, storage and disposal. All facets of the recycling process are to take place indoors, except that the finished product may be stored outdoors within containment walls that are not visible to the public.
RESTAURANTAn establishment at which prepared food is sold for consumption by patrons seated within an enclosed building.
RESTAURANT, DRIVE-INAn establishment where prepared food, soft drinks, ice cream and/or similar confections are sold to patrons for consumption outside the confines of the principal building or in an automobile parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided within the principal building for the patrons.
ROOMING HOUSE/LODGING HOUSEAny dwelling in which more than one person is housed or lodged for hire without meals. A lodging house, rooming or furnished rooming house shall be deemed a rooming house, but a nursing, rest or convalescent home shall not be deemed a rooming house. A home for sheltered care of adult persons as defined by N.J.S.A. 30:11A-1 shall not be considered a rooming house. The housing of outpatients from institutions shall not be permitted.
SCREENINGA visual barrier of plant materials as described in the definition of "buffer strip," or appropriate fencing or other materials which may be agreed to by the Planning Board.
SEASONNo more than six continuous months in any one calendar year.
[Added 4-24-2012 by Ord. No. 8-12]
SECONDHAND STOREAny establishment selling used merchandise as a significant part of its business. For the purposes of this chapter, pawn shops, used furniture stores and thrift stores shall be considered secondhand stores, while dealers of books, antiques, collectibles or memorabilia are not considered secondhand stores.
[Added 2-14-1995 by Ord. No. 8-95]
SENIOR CITIZENS PROJECTA residential development, including recreation facilities and other appropriate facilities, within which residency shall be restricted to permanent residents of the age of 60 years and over, except for the spouse and one child 18 years or more of age of a qualifying resident.
SETBACKThe horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines. See also "building line."
SIGNAny device, structure or object for visual communication that is used for the purpose of bringing the subject to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious groups. Such signs shall be designed in accordance with Chapter
284, Signs, where applicable.
A. SIGN AREAThe area defined by the frame or edge of a sign. Where there is no geometric frame or edge of this sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the sign.
B. SIGN, IDENTIFICATIONAny sign which shall be used to advertise and identify the activity conducted on the premises where the sign is located.
SITEAny plot, parcel or parcels of land.
SITE PLANA development plan of one or more lots on which is shown:
A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.
D. Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D.
SITE PLAN, MINORAny development plan for one or more lots which is (are) subject to development which:
A. Requires site plan approval;
B. In the opinion of the Board's Site Plan Committee, the submitted project is of such a simplistic nature as to merit consideration as a minor site plan;
C. Meets the requirements set forth in Article
IV, Zone District Use Regulations, and contains the information reasonably required in order to make an informed determination as to whether the Board's requirements for approval of a minor site plan have been met; and
D. Meets the following conditions:
(1) The construction of drainage facilities is not required either on or off site.
(2) The proposed development conforms to the performance standards set forth in §
345-45.
(3) The proposed development does not involve planned development.
(4) The proposed development will not require the issuance of a Coastal Area Facilities Review Act permit.
(5) The proposed development does not involve any new street or the extension of any existing street.
(6) The proposed development does not involve the extension or construction of any off-tract improvement.
(7) The proposed development, if new construction, requires 10 parking spaces or less or if a change of use of an existing facility or addition to an existing facility and less than five spaces are required.
(8) The proposed development consists of new construction or an addition, either of which are less than 1,000 square feet.
SOILAll unconsolidated mineral and organic material of any origin that overlies bedrock and which can be readily excavated.
SOIL CONSERVATION DISTRICTA governmental subdivision of this state, which encompasses this municipality, organized in accordance with the provisions of Chapter 24, Title 4, N.J.S.A. (Freehold Soil Conservation District).
SPLIT-LEVEL DWELLINGA residential building consisting of two or more levels of living area, on or above grade, connected by two or more flights of stairs containing at least five steps each.
STORAGEThe act of storing goods or the state of being stored; a space for storing goods.
[Added 12-27-2011 by Ord. No. 40-11]
STORYThe portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALFA story under a sloping roof with the exterior walls at least two feet and not more than five feet above the floor of such story.
STREETA public thoroughfare which has been dedicated or deeded to the public for public use which has been improved in accordance with municipal standards.
STREET LINEThat line determining the limit of the street rights of the public, either existing or contemplated.
STRUCTUREA combination of materials to form a construction on, under or above ground level and that is safe and stable and includes, among other things: buildings, parking areas, driveways, walkways, patios, decks, stadiums, platforms, radio/television towers, satellite dishes, sheds, storage bins, garages, fences, walls, pools and display signs.
[Amended 6-22-1993 by Ord. No. 19-93]
SUBDIVISIONThe division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:
A. Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.
B. Divisions of property by testamentary or intestate provisions.
C. Divisions of property upon court order, including but not limited to judgments of foreclosure.
D. Consolidation of existing lots by deed or other recorded instrument.
E. The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons, and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the City. The term "subdivision" shall also include the term "resubdivision." (See also Chapter
300, Subdivision, §
300-4, Definitions.)
SUPERMARKETA full-service store which is dedicated to providing a complete stock of foodstuffs and ancillary goods. A supermarket may contain a delicatessen or prepared food section. The minimum floor area allowed for a supermarket is 3,001 square feet.
SWIMMING CLUB, PUBLICA privately or publicly owned pool or oceanfront beach, open to the general public and having no appurtenant facilities other than dressing room facilities, an enclosed snack bar serving patrons only and off-street parking facilities.
SWIMMING POOL, PRIVATEA private swimming pool associated with a residential dwelling unit or units and located on an individual, residential lot. Swimming pools may not be located in any front yard area and cannot be located closer than 10 feet to any side or rear yard lot lines.
TATTOO PARLORAny establishment whose primary business is the application to the human skin of permanent body art or makeup. In addition, any establishment that may require a State of New Jersey tattoo license to operate shall not be considered a tattoo parlor, provided that not more than 5% of the total floor area of the establishment is dedicated for the application to the human skin of permanent body art or makeup.
[Added 2-14-1995 by Ord. No. 8-95; amended 12-26-2018 by Ord. No. 29-18]
TEMPORARY STRUCTUREA use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.
[Added 4-24-2012 by Ord. No. 8-12]
TOWER APARTMENTA group of one or more buildings of more than six stories of dwelling units designed and erected as a project with singleness of use and operation and where joint or communal use is to be made of open areas by the occupants, whether it be for recreation, parking of automobiles or other communal purposes. One level of parking may be below the six stories of dwellings.
TOWNHOUSE (TOWNHOUSE DWELLING UNIT)One of a series of single-family dwelling units which is attached by a common fireproof and sound-resistant wall (which wall shall start at the lowest footing line and go to the underside of the highest roof sheathing) to one or more adjacent units and which has an individual, enclosed and private area, with direct access from the interior of the dwelling unit.
TOWNHOUSE COMPLEXA development project of one or more townhouse structures, including individual townhouse lots and common lands or facilities.
TOWNHOUSE LOTThe parcel of land immediately under the dwelling unit which has been or is intended to be conveyed in fee simple to an individual purchaser, together with a townhouse dwelling unit constructed thereon.
TOWNHOUSE PARCELThe entire tract upon which a townhouse complex shall be or has been built.
USEThe specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
VARIANCEPermission to depart from the literal requirements of zoning regulations pursuant to N.J.S.A. 40:55D-60, Subsections 29.2b, 57 c and 57 d of Chapter 291.
VERTICAL PARKING GARAGESAny multilevel structure constructed for use as a facility for vehicular parking or storage. The levels can be above- or below-grade or both.
VIDEO STORES, RETAILAny establishment that rents or sells videos, DVDs, compact discs, or other visually viewed technology.
[Added 9-25-2001 by Ord. No. 34-01]
A. Any retail video store which displays or offers for rent or sale obscene material shall display such materials in the rear of the business premises, in a segregated room where no admission to anyone under the age of 18 shall be permitted, which area shall be clearly denoted and marked to indicate such prohibition, and which area shall be constructed in such a way so as to prevent the view of any obscene material to any person under the age of 18.
B. Utilization of greater than 10% of the floor area of the interior of the establishment for the display of obscene material shall be presumptive evidence of the use of said premises being for adult entertainment purposes.
C. For purposes of this definition "obscene material" means any description, narrative account, display or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film, video, DVD, or other recording, which by means of posing, composition, format or animated sensual details:
(1) Depicts or describes in a patent or offensive way ultimate sexual acts, normal or perverted, actual or simulated, masturbation, exploitatory functions, or lewd exhibition of genitals.
(2) Lacks serious literary, artistic, political or scientific value when taken as a whole.
(3) Is a part of a work which, to the average person applying contemporary community standards, has a dominant theme, taken as a whole, which appeals to the prurient interest.
D. Any person or corporation who shall violate or fail to comply with the provisions of this definition shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or both.
E. This definition shall be enforceable by the Zoning Officer, Code Enforcement Officer, or any designee thereof of the City of Long Branch, or any law enforcement officer of the State of New Jersey.
F. Display. In this definition, "display" shall be defined as the offering for sale or rent or display of an item, good, ware, publication or product through visible presentation of same to the general public.
YARDA. FRONTAn open, unoccupied space on the same lot with the principal building, extended the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. Setback line shall be synonymous with the rear limit of the required front yard area.
B. REARA yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the principal building on the same lot. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building line.
C. SIDEAn open, unoccupied space between the side line of the lot and the nearest building line and extending from the front yard to the rear yard, or in the absence of either side yards, to the street or rear lot lines, as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
ZONING PERMITA permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone district in which it is located or is to be located or variance therefrom duly authorized pursuant to N.J.S.A. 40:55D-60 or 40:55D-70 and the City Code.