[Ord. No. 98-21 § 304.4; Ord. No. 09-04 § 1; Ord. No. 10-14; Ord. No. 12-15 § 4; Ord. No. 13-09; amended 8-4-2021 by Ord. No. 21-13; 5-7-2024 by Ord. No. 2024-10; 6-17-2025 by Ord. No. 2025-12]
Word usage. The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless the context otherwise requires:
ACCESSORY USE OR STRUCTUREShall mean use or structure subordinate of the principal use of a building or structure on the same zone lot and serving a purpose customarily incidental to the use of the principal building. Where an accessory building is attached in a substantial manner by a wall or roof to a principal building or structure, it shall be considered a part of the principal structure or roof.
ADULT ENTERTAINMENT USESShall mean and include:
a. ADULT BOOKSTOREShall mean an establishment having as a substantial or significant portion of its stock in trade books, magazines, other periodicals or any tangible items and objects, not necessarily of a reading or photographic nature, 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.
b. ADULT MOTION PICTURE THEATERShall mean an enclosed building with a capacity of 50 or more 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.
c. ADULT MINI MOTION PICTURE THEATERShall mean an 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.
d. SPECIFIED SEXUAL ACTIVITIESShall mean human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
e. SPECIFIED ANATOMICAL AREASShall mean 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 human male genitals in a discernibly phallic state, even if completely and opaquely covered.
f. CABARETShall mean an establishment which features go-go dancers, exotic dancers, strippers or similar entertainers.
ALLEYShall mean a right-of-way other than a street, road, crosswalk or easement designated for access or special accommodation of the property it reaches.
ALTERATION, STRUCTURALShall mean and include:
a. Any change in the supporting members of a building, such as bearing walls, column, beams or girders, except such change as may be required for safety, or any substantial change in the roof or in the exterior walls, not including, however, changes in doors or windows or alterations which affect primarily the appearance and not the life of the structure.
b. Any addition to a building, any change in use from that of one zoning classification to another or moving a building from one site, location or position to another.
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, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.
APPROVING AUTHORITYShall mean the Unified Planning Board of the Borough, unless a different agency is designated by this chapter when acting pursuant to the authority of this chapter.
AUTOMOTIVE SERVICE STATION OR GASOLINE STATIONShall mean a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public, and deliveries are made directly into motor vehicles, including sale of accessories, greasing, oiling and light motor service on the premises.
BASEMENTShall mean and include:
a. With reference to occupancy or use and to regulate the height and bulk of buildings, the portion of a building in which the ceiling averages less than four feet above the finished grade where such grade meets the outside walls of the building, and which shall not be considered a story and habitable.
b. If the ceiling height averages more than four feet above such grade and has a clear height of seven feet or more, such space shall be considered a story and habitable.
BUFFER STRIP OR SCREENShall mean a combination of lawn and a landscape screen or densely planted (or having equivalent natural growth) evergreen shrubs or trees at least four feet high at the time of planting of a type that will form a year-round dense screen at least six feet high, which shall be maintained in good condition at all times. Where required in the district regulations, a screen shall be installed along or within the lines of a lot as a protection to adjoining or nearby properties.
BUILDINGShall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGEShall mean that area of a lot which is occupied by a building or structure, but not including uncovered walkways, steps, patios or a parking lot or area or any similar improvements thereto.
BUILDING HEIGHTShall mean the vertical distance measured from the mean elevation of the finished grade along the front of the building to the highest point of the roof for flat roofs, to the mean height level (between the eaves and ridge) for gable and hipped roofs and to the deck line for mansard roofs.
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.
CANNABIS DELIVERY SERVICEAny licensed person or entity providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.
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.
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 other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
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 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.
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.
CAPITAL IMPROVEMENTShall mean a governmental acquisition of real property or a major construction project.
CARPORTShall mean a roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
CELLARShall mean a story partly underground and having more than 1/2 of its clear height below the mean elevation of the finished lot grade at the front building line.
CHANNELShall mean a watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
CHURCH, CATHEDRAL OR OTHER PLACE OF WORSHIPShall mean one or more of the following: church, manse, house, temple, synagogue, rectory, convent, parish or similar building incidental to the particular use; school for religious education, convents, teachers, communicants and domestic or maintenance employees; but not including business offices, except administrative offices incidental to the operation of the particular use, rescue missions or the occasional use for religious purposes or properties not regularly so used.
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.
COMMON OPEN SPACEShall mean an open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPLETE APPLICATIONShall mean the form prescribed by the Borough which is designated "Application for Development," completely filled out and signed by the applicant, accompanied by all required documents and information in form and content as prescribed by the applicable sections of this chapter with sufficient copies of each to comply with this chapter and accompanied by payment of the requisite fees.
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 an authorization therefor by the Unified Planning Board.
CONVENTIONALShall mean development other than planned development.
COURTShall mean any open, unoccupied area which is bounded by three or more attached building walls.
CRITICAL AREAShall mean any area which is environmentally sensitive, or which if disturbed during construction would adversely affect the environment, including but not limited to stream corridors, flood hazard areas, slopes greater than 20%, highly acidic or highly erodible soils, area of high water table and mature stands of native vegetation.
DAYSShall mean calendar days.
DEVELOPERShall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or any other person having an enforceable proprietary interest in such land.
DEVELOPMENTShall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.
DEVELOPMENT REGULATIONShall mean a Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to this chapter.
DISTURBANCEShall mean any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.
DIVERSIONShall mean a channel, with or without a supporting ridge on the lower side, constructed across or at the bottom of a slope.
DRAINAGEShall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff 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 nonpaying 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.
DRIVE-IN RESTAURANTShall mean a building where food and/or beverages are sold in a form ready for consumption and where a portion of the consumption of same takes place or is designed to take place outside of the confines of the building but on the building lot.
DWELLINGShall mean a building or portion thereof designed for and used exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, and not including apartment hotels, hospital hotels, boardinghouses, multiple homes, residential clubs, rooming houses, tourist courts, trailers and the like.
DWELLING, ONE-FAMILYShall mean a detached building containing only one dwelling unit for exclusive use by one family.
DWELLING UNITShall mean one or more living or sleeping rooms with cooking and sanitary facilities for one person or one family. The dwelling unit shall be self-contained and shall not require passing through another dwelling unit or other indirect route(s) to get to any other portion of the dwelling unit, nor shall there be shared facilities with another family.
ELECTRONIC SMOKING DEVICEAn electronic smoking device is one that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, accessory of such a device, or any other smoking device paraphernalia whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other produce name or descriptor.
EROSIONShall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FAMILYShall mean one or more persons occupying a dwelling unit who prove by clear and convincing evidence that the dwelling unit is occupied as a single nonprofit housekeeping unit.
FENCE OR WALLShall mean a constructed barrier of wood, masonry, stone, wire, metal or any other noneffectives material, or combination of such materials, erected for the enclosure or screening of yard area or other areas on a lot.
FINAL APPROVALShall mean the official action of the Unified Planning Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or an approval conditioned upon the posting of such guaranties.
FLOOD DAMAGE POTENTIALShall mean the susceptibility of a specific land use at a particular location to damage by flooding and the potential of the specific land use to increase off-site flooding or flood-related damages.
FLOOD-FRINGE AREAShall mean that portion of the flood hazard area outside of the folkway.
FLOOD HAZARD AREAShall mean the floodplain or the total area inundated during the flood of record, or the area delineated by the Department of Environmental Protection, by Housing and Urban Development, or by analysis of soil condition characteristics of floodplains, whichever is greater.
FLOOD HAZARD DESIGN ELEVATIONShall mean the highest elevation, expressed in feet above sea level, of the flood of record or as determined by the criteria set forth in "flood hazard area" above.
FLOOD MAPShall mean a map prepared by the Department of Environmental Protection showing the channel, folkway and fringe area, or, in the event such map has not been prepared, maps showing the flood hazard area.
FLOOD OF RECORDShall mean the greatest flood in a given area for which accurate records are available or the flood hazard area, whichever is greater.
FLOODPLAINShall mean same as the "flood hazard area."
FLOODWAYShall mean the portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream. The folkway shall be delineated by the Department of Environmental Protection.
FLOOR AREA, FIRSTShall mean measured by using the outside dimensions of a residential portion of a building, excluding the area of an attached garage. For a split-level or a tri-level dwelling, the area shall be considered to be the sum of the areas of two largest adjoining levels.
FLOOR AREA, GROSSShall mean the sum of the gross horizontal areas of the several floors of the building or buildings measured from the exterior facing of exterior walls, or from the center line of walls separating two buildings. In addition, for retail and commercial uses, gross floor area is the area used or intended to be used for service to the public as customers, patrons, clients or tenants, including areas occupied by fixtures and equipment, and used for the display or sale of merchandise, but not including storage area.
GARAGE, PRIVATEShall mean a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of occupants of the main building, and wherein not more than one space is rented to persons not residents of the lot, or not more than one commercial vehicle not to exceed one ton rated capacity or four wheels may be parked.
GARAGE, PUBLICShall mean a building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, or where any such vehicles are kept for hire.
GARDEN APARTMENTShall mean a structure housing more than two dwelling units and in which each unit shares certain service facilities, including but not all inclusive of utility services, parking areas, walkways, open areas, laundry and the like.
GAZEBOShall mean a pavilion or belvedere, a structure, such as a summerhouse or an open-roofed gallery.
GENERAL OFFICEShall mean a room or group of rooms used for conducting the affairs of a business, service, industry or government.
GOVERNING BODYShall mean the Mayor and Council of the Borough of Matawan.
GRADE, ESTABLISHEDShall mean the elevation of the center line of streets as officially established by the Township, County or State authorities.
GRADE, FINISHEDShall mean the completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs related thereto.
HISTORIC SITEShall mean any real property, manmade structure, natural object or configuration or any portion or group of the foregoing of historical, archaeological, cultural, scenic or architectural significance.
HOME OCCUPATIONShall mean a physician, surgeon, dentist, lawyer, bookkeeper, accountant, auditor, architect, engineer, seamstress, artist, tutor, broker or member of a design profession. The sale of goods or merchandise not produced on the premises shall not be considered a home occupation.
HOTEL, MOTOR HOTEL OR MOTELShall mean a building designed for occupancy as a temporary residence of one or more persons who are lodged with or without meals.
INTERESTED PARTYShall mean and include:
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 without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
JUNKYARDShall mean any area or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
LANDShall mean and include improvements and fixtures on, above or below the surface.
LOADING SPACEShall mean an off-street space or berth abutting upon a street or other appropriate means of access intended for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOTShall mean a designated parcel, tract or area of land established by a plat or otherwise, as permitted by law, and to be used, developed or built upon as a unit.
LOT AREAShall mean the total area within the lot lines of a lot, expressed in terms of square feet or acres. Any portion of a lot in a public right-of-way, existing or proposed, shall not be included in calculating lot area.
LOT, CORNERShall mean a parcel of land at the junction of and fronting on two or more intersecting streets.
LOT COVERAGEShall mean the amount of a lot, stated in terms of percentage, that is covered by all buildings, structures, impervious coverage located thereon but shall not be deemed to include fences, walls or hedges used as fences, ponds, or above ground pools.
LOT DEPTHShall mean the average distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT LINE, FRONTShall mean in the case of an interior lot, a line separating the lot from the street, and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.
LOT LINE, REARShall mean a lot line which is opposite and most distant from the front lot line, and in the case of an irregular shaped lot, the line which is most nearly parallel to and at the greatest average distance from the street line.
LOT LINE, SIDEShall mean any lot boundary line not a front lot line or a rear lot line.
LOT, REVISED CORNERShall mean a corner lot, the rear of which abuts upon the side of another lot.
LOT, WIDTHShall mean the distance between the side lot lines, measured at right angles to the lot depth at a point which constitutes the rear line of the required front yard space.
MAINTENANCE GUARANTYShall mean any security which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.3 and cash.
MASTER PLANShall mean a composite of one or more written or graphic proposals for the development of the Borough adopted pursuant to this chapter.
MAYORShall mean the chief executive of Matawan Borough.
MINOR SUBDIVISIONShall mean a subdivision of land that does not result in more than two lots or involve a planned development, any new street or the extension of any off-tract improvement.
MIXED USE BUILDINGShall mean a building within a mixed use development containing both residential and nonresidential uses.
MIXED USE DEVELOPMENTShall mean a tract of land developed with a variety of complementary and integrated uses in a compact urban form.
MULCHINGShall mean the application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.
MUNICIPAL AGENCYShall mean the Unified Planning Board, Governing Body or any agency created by or responsible to the Borough when acting pursuant to this chapter.
NONCONFORMING LOTShall mean a lot the area, dimensions and location of which were lawful prior to the adoption, revision or amendment of this chapter, but that fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTUREShall mean a structure the size, dimensions and location of which were lawful prior to the adoption, revision or amendment of this chapter, but that fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USEShall mean a use or activity that was lawful prior to the adoption, revision or amendment of this chapter, but that fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NUISANCEShall mean an offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics or activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as but not limited to:
k. Electronic or atomic radiation;
m. Noise of congregation of people, especially at night;
o. Transportation of things by truck, rail or other means;
p. Invasion of nonabutting street frontage by parking;
q. The obscuring or marking of adjacent or nearby property by projecting signs, marquees or canopies;
r. Any adverse effect on value or desirability of nearby property caused by such matters as incongruous appearance, exposed storage of inoperable automobiles, junk, materials and neglect.
s. Editor's Note: See also Chapter
3, Police Regulations, Section
3-5 Abandoned Motor Vehicles.
NURSERY SCHOOLShall mean a school designed to provide daytime care or instruction for two or more children from two to six years of age, inclusive, and operated on a regular basis.
NURSING HOMEShall mean a building providing shelter and/or supplemental health care for the elderly or infirm and meeting the standards of the New Jersey State Department of Institutions and Agencies to operate as a nursing home.
OBSTRUCTIONShall mean and include but not be limited to any structure, fill, excavation, channel modification, rock, gravel, refuse or matter in, along, across or projecting into any channel, watercourse or flood area which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the same downstream to pose a danger to life or property.
OFFICIAL COUNTY MAPShall mean the map, with changes and additions therein, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of the County, pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAPShall mean the Official Map, with changes and additions therein, adopted pursuant to this chapter.
OFF-SITEShall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application or within a contiguous portion of a street or right-of-way.
OFF-TRACTShall mean located neither on the property that is in the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITEShall mean located on the lot in question.
ON-TRACTShall mean located on the property that is the subject of a development application or on a contiguous portion of a street or 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 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.
OWNERShall mean an individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to develop the same under this chapter.
PARKING AREAShall mean an area other than a street, used for the parking of motor vehicles.
PARKING, SHAREDShall mean the joint utilization of a parking area for more than one use in which the spaces are used at different times by different uses resulting in a lower peak demand than would otherwise result from a cumulative addition of the individual parking requirements of all permitted uses on site.
PARKING STALLShall mean a space in a garage or parking area reserved for the parking of only one automobile. This space is exclusive of driveways, ramps, columns, office and work area.
PARKING, STRUCTUREDStructured parking means an off-street parking area with one or more levels that is located underneath or enclosed within a structure. Structured parking areas may include underground parking or parking at grade and shall be sufficiently ventilated by active and/or passive means. Structured parking areas do not include surface parking lots, residential garages, or carports.
PERFORMANCE GUARANTYShall mean any security which may be accepted by the Borough, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.
PERMITTED USEShall mean any use which shall be allowed subject to the provisions of this chapter.
PLANNING BOARDShall mean the Unified Planning Board of the Borough of Matawan, which shall have the authority to exercise the powers of a Zoning Board.
PLATShall mean a map or maps of a subdivision or site plan.
PLAY HOUSE, FORT OR PLAY PLATFORMShall mean a children's temporary structure.
a. A play house, fort or play platform cannot be used for storage of any material.
b. A play house, fort or play platform cannot be used for sleeping quarters.
c. A play house, fort or play platform cannot be placed in the front yard.
d. A play house, fort or play platform cannot be placed on the property where it would cause deprivation of a neighbor's privacy.
PRELIMINARY APPROVALShall mean the conferral of certain rights as to site plans and major subdivision prior to final approval and after specific elements of a development plan have been agreed upon by the Unified Planning Board and the applicant.
PRELIMINARY FLOOR PLANS 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.
PRINCIPAL BUILDINGShall mean a building in which is conducted the main or principal use of the lot on which the building is situated.
PROFESSIONAL OFFICEShall mean the office of a recognized profession, including architects, artists, authors, dentists, doctors or physicians, landscape architects, lawyers, ministers, optometrists, professional engineers and such other professional occupations which may be so designated by the Unified Planning Board upon finding by such Board that such occupation is truly professional in character by virtue of the need of similar training, and especially as a condition for the practice thereof. The issuance of a State or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.
PROHIBITED USEShall mean any use which shall not be allowed under any circumstances.
PUBLIC AREASShall mean public parks, playgrounds, trails, paths and other recreational areas and public open spaces, scenic and historic sites and sites for 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 DRAINAGEWAYShall mean the land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges to induce water recharge into the ground where practical and to lessen nonpaying pollution.
PUBLIC OPEN SPACEShall mean an open space area conveyed or otherwise dedicated to the Borough, a municipal agency, the regional Board of Education, a State or County agency or any other public body for recreational or conservational uses.
QUORUMShall mean the majority of the full authorized membership of a municipal agency.
RESIDENTIAL CLUSTERShall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITYShall mean the number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESIDENTIAL SOLARIUMShall mean a structure attached to a single-family residential structure for the purpose of occupancy as a sunroom or parlor principally enclosed in glass, plastic or other transparent design. The repair, replacement or renovation of any existing approved residential solarium shall not be subject to Planning Board or Zoning Board approval if the existing footprint of the structure is not changed or expanded as a result of the repair, replacement or renovation of the new solarium.
RESUBDIVISIONShall mean the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law. Not included are conveyances merely combining existing lots by deed or other instrument.
SCREENHOUSEShall mean a temporary structure capable of being stored, a movable device, especially a framed construction designed to keep out insects, usually with a canvas roof.
SEDIMENTShall mean solid material, both mineral and organic, that is in suspension, is being transported or has been removed from its site or origin by air, water or gravity as a product of erosion.
SEDIMENTATIONShall mean the deposit of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SEDIMENT BASINShall mean a barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel or silt or other material.
SHEDShall mean a storage building, either freestanding or attached to a larger structure, where supplies, household articles, lawn equipment or odds and ends may be stored. The maximum door(s) width may not exceed six feet. The maximum size of the floor area will not exceed 160 square feet. The maximum height will not exceed 12 feet, or 165 square feet, outside dimensions.
a. Any structure larger than 165 square feet outside dimension will be an accessory building.
b. A shed can be installed in an R-100, R-75 or R-50 Zone.
c. A shed may be installed no closer than one foot from the rear or side lot line.
d. Only one shed will be permitted on a lot; a second shed on the same lot will be considered an accessory building and must meet all the requirements of an accessory building for that zone.
e. A shed cannot be used as a sleeping quarters.
f. A shed cannot be used for storage of contractor equipment.
g. A shed cannot be placed in the front yard.
h. A shed must meet all the requirements of front yard setbacks of an accessory building.
i. No shed will have sanitary facilities.
j. No business can be conducted from a shed.
k. A building permit must be taken out to install a shed.
SHOPPING CENTERShall mean a group of commercial establishments planned, constructed and managed as a unit with customer and employee off-street parking, truck loading and unloading facilities, landscaping, pedestrian walkways, utilities and sanitary facilities provided on the property. The integrated development, planned as an architectural unit, shall be related in location, size and type of shops to the trade area which the unit serves and may include such uses as retail stores and shops, personal services establishments, professional and business offices, banks, post offices, restaurants, theaters and auditoriums housed in an enclosed building or buildings.
SIGNShall mean any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.
SIGN ADVERTISINGShall mean a sign which directs attention to a business, commodity, service or other facility conducted, sold or offered elsewhere than on the premises where the sign is located.
SIGN, BUSINESSShall mean a sign which directs attention to a business, commodity, service or other facility conducted, sold or offered upon the premises where such sign is located or to which it is affixed.
SIGN, FLASHINGShall mean a sign in which the artificial light is not maintained constant in intensity, color or frequency at all times when such sign is in use.
SITE PLANShall mean a 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.
c. Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.
SMOKE SHOPShall mean and include any premises dedicated as a principal business to display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia, including providing an area for smoking tobacco products, but excluding any grocery store, supermarket, convenience store or similar retail use that sells tobacco products, shall not be included within the definition of smoke shop. An area for "smoking" shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, or any other matter of substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic device.
SMOKING DEVICE PARAPHERNALIACartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, bongs, pipes, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices.
SOILShall mean all unconsolidated mineral and organic material of whatever origin that overlies bedrock.
SOIL EROSION AND SEDIMENTATION CONTROL PLANShall mean a plan developed in accordance with the broad principles contained in this chapter, based on the specific standards and specifications of the latest edition of Standards for Soil Erosion and Sediment Control in New Jersey, and designed to prevent soil erosion and sedimentation.
SPECIAL PERMITShall mean a permit directed to be issued pursuant to N.J.S.A. 40:55D-76 for a building or structure in the bed of a mapped street or public drainageway or flood control basin or public area, or for the erection of a building or structure on a lot that does not abut a street.
STANDARDS OF PERFORMANCEShall mean and include standards which are:
a. Adopted by this chapter regulating noise levels, glare, earth-borne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such similar matters as may be reasonably required by the Borough; or
b. Required by applicable Federal or State laws or municipal ordinances.
STANDBY GENERATOR. A standby generator is a back-up electrical system that automatically supplies power in the event of a utility outage. After utility power returns, the standby generator transfers the electrical load back to the utility, shuts itself off, and returns to a standby mode and awaits the next outage.
a. Minimum side yard setbacks for standby generators shall read as follows:
Generators must be enclosed by a sound attenuated weather proof box or cabinet and shall be no closer than three feet to any lot line provided that all screening and noise-reduction requirements are met. Standby generators shall conform to the requirements of the current International Building Code (both commercial and residential edition) approved by the State of New Jersey. |
b. The above provisions or requirements shall pertain to all zones with the Borough of Matawan, and shall include but be not limited to, residential, commercial, general business, special business, as defined in the General Zoning Ordinance of the Borough.
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 if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALFShall mean a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREAM ENCROACHMENT PERMITShall mean a permit issued by the New Jersey Department of Environmental Protection under the provisions of N.J.S.A. 58:16A-55.
STREETShall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way:
a. Which is an existing State, County or municipal roadway; or
b. Which is shown upon a plat heretofore approved pursuant to law; or
c. Which is approved by official action as provided by this chapter; or
d. Which is shown on a plat duly filed and recorded in the Office of the County Recording Officer prior to the appointment of a Unified Planning Board and the granting 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, shoulder, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For purposes of this chapter, streets are hereby classified as follows:
1. Controlled access highways are those that are used by heavy-duty traffic and which permit no access from abutting property.
2. Major thoroughfares are those which are used primarily for heavy and through traffic.
3. Collector streets are those which carry traffic from minor streets to the major thoroughfares, including the principal entrance streets of a residential development and streets for circulation within such a development.
4. Minor streets are those which are used primarily for access to the abutting properties.
5. Marginal service streets are those which are parallel or adjacent to controlled access highways or major thoroughfares and which provide access to abutting properties and protection from through traffic.
STREET LINEShall mean the line which separates the publicly-owned or controlled street right-of-way from the private property which abuts upon the street as distinct from a sidewalk line, curbline or edge-of pavement line.
STRUCTUREShall mean a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
SUBDIVISIONShall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
a. Divisions of land found by the Unified 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 upon court order, including but not limited to judgments of foreclosure.
c. Divisions of property by testamentary or intestate provisions.
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 this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map of the Borough. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEEShall mean a committee of at least three Unified Planning Board members appointed by the Chairman of the Board for the purpose of reviewing subdivisions in accordance with the provisions of this chapter and such duties relating to land subdivision which may be conferred on this Committee by the Board.
USEShall mean the specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VAPE SHOPVape Shop shall mean any premises dedicated as a principal business to display, sale, distribution, delivery, offering, furnishing or marketing of electronic smoking devices, liquid nicotine containers or vapor product as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9(a)(2), N.J.S.A. 2A:170-51.9(a)(3) and N.J.S.A. 2A:170-51-9(a)(4), including an area for vaping. An area for "vaping" shall mean inhaling or exhaling of smoke or vapor from any electronic smoking device.
VARIANCEShall mean permission to depart from the literal requirements of this chapter.
YARDShall mean an open space which lies between the principal or accessory building or buildings and the nearest lot line, unoccupied and unobstructed from the ground upward except as herein permitted.
YARD, FRONTShall mean an open space extending the full width of the lot, measured from and at right angles to the front lot line, unoccupied and unobstructed from the ground upward.
YARD, REARShall mean a yard extending across the full width of the lot measured from and at right angles to the rear lot line, unoccupied and unobstructed from the ground upward except as may be specified in this chapter.
YARD, SIDEShall mean an open, unoccupied space measured from and at right angles to the side lot line of the lot and extending from the minimum front yard to the minimum rear yard, except as may be specified elsewhere in this chapter.
ZONING OFFICIALShall mean a qualified person appointed by the municipal appointing authority or the Commissioner pursuant to N.J.S.A. 40:55D-1 et seq. and the regulations to enforce and administer the regulations within the jurisdiction of the enforcing agency.