The relinquishment of property, or a cessation of the use of property, by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property. "Abandonment" of a nonconforming use requires a discontinuance of the use and an intent to abandon demonstrated by an overt act.

Either a subordinate building, other structure or tract of land or a subordinate building or other structure whose use is clearly incidental to the use of the principal building, other structure or use of land and which is customarily in connection with the principal building, other structure or use of land and which is located on the same zoning lot with the principal building, other structure or use of land. The area occupied by an accessory building shall be computed into the building area. The total area of the accessory buildings and main building shall not exceed the permitted building area. Accessory buildings shall conform to all requirements of the normal lot, except that the structure lines shall not be closer to the street side of the corner than the building line of the main building, or as specifically set forth in the Bulk Schedule set forth in this chapter.[1] The "accessory use or structure" shall be subordinate in extent and/or purpose to the principal building or use served and shall contribute to the comfort, convenience or necessity of the occupants or purpose of the principal building or use served.

The Zoning Officer, unless a different municipal official or officials are designated by ordinance or statute or salary guide to accept and agendize incoming applications and amendments and revisions thereto.

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other films, tapes, periodicals or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities.

A development that is inclusionary development, a municipal construction project containing affordable units or a 100-percent affordable development. This shall include any project that contains restricted very-low-, low-, moderate units on- or off-site. This shall also include any project that utilizes funds from the City’s Regional Contribution Agreements (“RCA”).

A change, modification or rearrangement in structural parts or in existing facilities or an enlargement, whether by extension of a side or by an increase in height or by a move from one location or position to another; any conversion of a building or part thereof. "Alteration" shall mean to change the appearance of exterior elements of a structure or to change the materials used. A change in the exterior color of a structure shall be considered an "alteration" within the terms of this definition only with respect to properties with historic preservation potential and only if the change in color entails the application of paint to a surface which has not been painted before. Ordinary maintenance shall not be considered an "alteration" within this definition.

A business establishment utilized, wholly or in part, for the accommodation of six (6) or more coin-operated amusement devices, machines, apparatuses, contrivances, appliances or devices which may be operated or played upon by the placement and depositing therein of any coin, check, slug, ball or any other article or device or by paying therefor, either in advance or after use, and operated by the public for use as a game, entertainment or amusement.

Includes devices such as marble machines, skillball, pinball, mechanical grab machines, machines or contrivances commonly known as "bagatelle," "baseball," "football," "hockey," "pool table," "target shooting," "shuffleboard" or "shuffle alley," "electronic video games," "miniature bowling machines" or any similarly named device or any device which utilizes an electronic display to reproduce symbolic figures and lines intended to be representative of real games or activities. Specifically excluded shall be any device, whether operated by coin or not, which merely provides a ride, sensation, electronic reading or weight for use by and to the amusement of the public or the dispensing or vending of merchandising or music or any mechanical or amusement device which is otherwise the subject of regulation and licensure of the City of Perth Amboy.

A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

Either the Planning Board or Zoning Board of Adjustment, whichever Board has jurisdiction over the development application, unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.

A subterranean bed or stratum of earth, gravel or porous stone that contains water and forms a natural reservoir of underground water.

That part of a building which is immediately below and wholly or partly within the roof framing and which is not a story or half story. (See "half story"). Refer to Section 430-60GG for use limitations.

Any establishment servicing motor vehicles, including self-service, with fuel and oil, but not including repairs, changing of tires or any other replacement of accessory parts.

Any establishment servicing motor vehicles, including major repair services, vehicle parts sales, wrecker and hauling services, bodywork and painting and heavy repair requiring engine or drive train dismantling. Whenever trucks, buses, or heavy equipment is repaired, even for oil changes, lubrication, minor tune-ups, installation of batteries, tires, wiper blades and similar minor repairs, the establishment shall be considered an "automotive repair garage".

Any establishment selling motor vehicles, new or used, and supplies and accessories and/or any establishment providing motor vehicle cleaning and washing services, minor repair facilities for passenger vehicles as defined under "Automotive Service Station", public garages, and other automotive related uses, including but not solely the storage of vehicles.

Any establishment servicing passenger motor vehicles with gas, oil, lubrication services, lubricants, and other vehicle maintenance supplies and parts and equipment not requiring extensive or prolonged mechanical work for installation. Service work offered should be limited to towing, oil changes, lubrication, minor tune-ups, installation of batteries, tires, wiper blades and similar equipment, wheel balancing and alignment and the replacement of minor mechanical parts such as hoses, spark plugs, ignition wiring, points, alternators, water pumps, and similar parts not requiring engine and drive-train dismantling.

A roof-like retractable or fixed canvas, fabric or vinyl covered frame that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

That portion of a building which is partly below and partly above average finished grade and having one-half (1/2) or more of its height above average finished grade, the floor of which is not less than three (3) feet below finished grade at any point around the building. Basements shall be considered a half story. Refer to Section 430-60GG for use limitations.

See SIGN, BILLBOARD.

Any building, together with any related structure, accessory building and land appurtenant thereto and any part thereof, which contains two (2) or more units of dwelling space arranged or intended for single-room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel or motel or established guesthouse wherein a minimum of eighty-five percent (85%) of the units of dwelling space are offered for limited tenure only, any foster home as defined in Section 1 of P.L. 1962, c. 137 (N.J.S.A. 30:4C-26.1), any community residence for the developmentally disabled as defined in Section 2 of P.L. 1977, c. 488 (N.J.S.A. 30:11B-1 et seq.) or any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students.

The Board of Adjustment of the municipality, established pursuant to N.J.S.A. 40:55D-69 et seq.

A personal service establishment that provides the practice of physical body adornment in permitted establishments by operators utilizing, but not limited to, the following techniques:

The puncturing or penetration of the skin of a person using pre-sterilized single use needles and the insertion of pre-sterilized or disinfected jewelry or other adornment thereto in the opening.

A use, operating under a Class A, State-issued limited brewery license or restricted brewery license pursuant to N.J.S.A. 33:1-10 of the State of New Jersey, where beer, wine, liquor or other alcoholic beverage is manufactured, packaged and distributed for sale and consumption. A tasting room and/or restaurant (brewpub) shall be included in the use.

An area consisting of trees, shrubs, solid fencing, earth berms or a combination thereof so installed as to provide both a visual and an acoustical barrier between properties. Solid fencing may be substituted to meet only part of the requirement and must be supplemented with planting to soften the appearance.

An area in which no building, parking area, driveway (except to provide access to property), street, sign (except a traffic directional sign) or storage of materials shall be permitted and which shall consist of a dense and continuous landscaped screening area, planted and maintained, containing fences, massed trees and shrubs of such species and size as will produce a sufficient density to obscure or confine throughout all seasons automobile headlight glare, site noise, windblown debris and other typical and frequent nuisance problems, as well as create an aesthetically pleasing and attractive view to mask or obscure the use, function or structure located upon the site.

Any structure built or used for the support, shelter or enclosure of persons, animals chattels or movable property of any kind which is permanently or temporarily affixed to the land and having a roof supported by columns, piers or walls, or having other supports, and any unroofed platform, terrace or porch having a vertical face higher than three (3) feet above the level of the ground from which the height of the building is measured.

The total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having a vertical face of less than three (3) feet above the level of the ground from which the height of the building is measured.

The vertical distance measured from the lowest elevation of the proposed finished grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deckline of a mansard roof, and to the average height of a gable, hip or gambrel roof. The building height shall not include church steeples, elevator shafts, emergency exits, chimneys, or roof-mounted equipment, subject to special conditions of Section 430-60 II. If a building has primary entrances on more than one (1) street, the elevation shall be measured from the lowest elevation along the building frontage.

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

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

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

A retaining wall created along a body of water behind which fill is placed.

A room or group of rooms used primarily for conducting the affairs or purpose of profit or improvement of an occupation, nonprofessional, service or nontradesman activity on a fee or contract basis.

Any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.

The diameter of a tree trunk measured in inches and measured twenty-four (24) inches above ground level for all trees.

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

A building or structure, or portion thereof, where motorized vehicles are washed or cleaned, in whole or in part, with the use of a mechanical device, whether self-service or by staff.

A story having more than one-half (1/2) of its clear height below the average finished grade level of the adjoining ground. Refer to Section 430-60GG for use limitations.

A certificate issued by the Construction Official upon completion of the construction of a new building or upon a change in the use or the occupancy of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted, and all other applicable requirements have been complied with.

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

Retail outlets with the same name, selling similar types of merchandise, operating under a common merchandising policy and usually owned or franchised by a single corporate entity.

An alteration in a building heretofore existing to a new use group which is subject to other requirements of this chapter or other special provisions of law governing building construction, equipment or means of egress as established within Chapter 184, Construction Codes, Uniform.

A private establishment enrolling four (4) or more children and where tuition, fees or other forms of compensation for the care of children are charged, whether or not licensed or approved to operate as a child-care center by the New Jersey Division of Youth and Family Services (NJDYFS).

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

The City of Perth Amboy, Middlesex County, New Jersey.

"Medical, chiropractic, acupuncture or dental clinic" means any place used for the administering of medical or dental treatment free or at a low cost or any place used as an inpatient or outpatient medical or dental treatment center wherein certain medical and dental conditions and disorders are treated primarily through surgical intervention that is not commonly performed in normal, private medical or dental practice.

A profit or nonprofit corporation, organization or association of persons who are members thereof, which owns or leases a building, or part thereof, for the use of members or guests. Said "clubs" or lodges shall have been principally established for the promotion of a common objective and shall be distinctly not considered as a semipublic use under the provisions of this chapter. Food, meals and alcoholic beverages may be served as an incidental function of this use, provided that adequate facilities are present, and further provided that all federal, state and municipal laws are complied with.

The New Jersey Council on Affordable Housing established under the Fair Housing Act.

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.

A 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 fifteen (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.

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

An application is certified as complete by the administrative officer when it meets all of the submission requirements as specified in this chapter. When the application is certified complete, the time period commences for Board review.

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 approval of the Planning Board or, where required by N.J.S.A. 40:55D-70, by the Zoning Board of Adjustment.

Ownership of real property combining ownership in fee simple of a dwelling unit and undivided ownership in common with other purchasers of the common elements in the structure and including the land and its appurtenances.

A dwelling providing shelter and services for the elderly, which may include meals, housekeeping and personal care assistance.

That person designated by the salary guide title in the municipality pursuant to the Uniform Construction Code of the State of New Jersey.

A lot at the junction of and fronting on two (2) or more intersecting streets.

The County Planning board, as defined in Section 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land or development is located.

Any court except an outer court.

One which extends its full width from a front, rear or side yard.

An open, unoccupied space bounded on at least two (2) opposing sides by a building wall but not a front, side or rear yard. "Courtyard" shall apply to multifamily or high-rise buildings only.

The area of a lot or the percentage of a lot occupied by a building, structure or use.

The grade of the curb in front of the midpoint of the lot as established by the Municipal Engineer.

A private establishment enrolling four (4) or more children between two (2) and five (5) years of age and wherein tuition, fees or other forms of compensation for the care of the children are charged and which is licensed or approved to operate as a child-care center. The term "day-care center" should include child-care center and nursery school.

Calendar days.

When applied to an action affecting a property with historic preservation potential, it shall mean an action of such a minimum nature that the purpose of historic preservation as defined in this chapter will not thereby be materially affected and an action that does not increase the degree of noncompliance with respect to any bulk regulation set forth in this chapter.

To partially or completely take down a structure.

The number of dwelling units provided by the total land area of the lot or lots comprising the tract of land for which the development application is made.

The number of dwelling units which may be developed or that portion of the tract exclusive of public street, right-of-way, floodway, delineated wetlands, conservation/preservation areas, open space areas, streams or water bodies, existing public utility easements and such other areas which may not be developed.

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

The division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill and any use or change in the use of any building or other structure or land or extension of use of land, including alteration to a site, for which permission may be required pursuant to this chapter.

Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.

An establishment where patrons dance to recorded music and which may also feature go-go dancers.

A single store or group of stores advertising a wide variety of merchandise for sale at less than retail cost, including "99 cent" and similar type stores.

The removal of surface water or groundwater from land by drains, grading or other means, and includes control to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

An establishment which is designed to provide, whether wholly or in part, service to customers while in their automobiles parked or standing upon the premises or which is designed for the transferal of food and/or beverage without leaving the vehicle.

An establishment which, by design, physical facilities, service or by packaging procedures, encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.

A building designed or used exclusively as the living quarters for one (1) or more families.

One (1) dwelling unit in a line of two (2) or more structurally joined dwelling units, with each dwelling unit having individual access, with open space in front and rear.

A building surrounded by open space on the same zoning lot and being the only principal building occupying that lot.

Any building with a common passageway consisting of more than five (5) stories or more than sixty (60) feet in height in which building there are one (1) or more suites of rooms on each floor.

A medium or mid-rise building is any building with a common passageway which is three (3) or five (5) stories or thirty-five (35) to sixty (60) feet in height, in which building there are one (1) or more suites of rooms on each floor.

A building designed for or occupied exclusively by three (3) or more families or households living independently of each other.

A detached building designed for, or occupied exclusively by, one (1) family or household.

A variation of the traditional one-story ranch house, designed to fit on a narrow lot, with an angled or altered architectural form, with the elimination of side and/or front yards, with private spaces fenced, usually on a square or reduced-size lot, with parking usually occurring within the unit in a garage.

A one-family dwelling attached to another one-family dwelling by a common vertical wall with each dwelling located on a separate lot.

A building for, or occupied exclusively by, three (3) families of separate residence, living independently of each other.

A multifamily dwelling consisting of more than two (2) attached single-family residences, constructed in a continuous row, in which each residential unit may be defined as a vertical construction unit served by its own utilities and services, designed for conveyance either as a condominium or as a planned development, in which each unit has its own front and rear access to the outside and each dwelling unit is separated from another by one (1) or more common fire-resistant walls and wherein each dwelling unit shall have separate individual utility systems and with private rear yard areas.

A building designed for, or occupied exclusively by, two (2) families of separate residence, living independently of each other, but located on a single lot.

A house, trailer or other structure or a portion of any building or structure designed, arranged or used for living quarters for one (1) or more persons living as a single housekeeping unit with cooking and bathroom facilities, but not including units in hotels or other structures designed for transient residence.

A dwelling unit consisting of a single room or common open space, inclusive of bathroom and kitchen facilities.

A grant of one (1) or more property rights by the property owner to and/or for the use by the public, a corporation or another person or entity, within which the owner of the property shall not erect any permanent structures.

A building or facility, with its exterior structures and equipment, used or designed to be used to facilitate the transformation and distribution of electric power, energy and light to customers, but not including repair facilities, storage of plant materials or spare parts (other than those carried for the particular installation) or storage of equipment, automobiles or trucks or housing or quarters for installation, repair or trouble crews.

A private or nonprofit organization which is not organized or operated for the purpose of carrying on a trade or business and no part of the net earnings of which are for the benefit of any individual.

A municipal advisory board created pursuant to N.J.S.A. 40:56A-1 et seq.

Features, natural resources or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment or may require limited development or in certain instances may preclude development.

An analysis describing the impact or effect of a proposed program or project on the existing environmental, social and economic conditions in the area.

The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).

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

A deed, bond, money or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.

The erection, construction, alteration or maintenance of underground, surface, or overhead electrical, communications, gas, steam, water and sewerage transmission and collection systems and the equipment and appurtenances necessary for such systems to furnish an adequate level of public service.

A long-term-care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution.

Any wall which defines the exterior boundaries of a building or structure.

The manufacturing from standard parts of a distinct object differing from the individual components.

The total wall surface, including door and window areas of a building's face. Each wall surface shall be considered a separate "facade."

One (1) or more persons related by blood, legal adoption or marriage occupying a premises and living as a single nonprofit housekeeping unit; or one (1) or more persons living together as a single, nonprofit housekeeping unit whose relationship is of a permanent and domestic character. The existence of a fraternity, sorority, club, religious order or similar relationship shall not alone be sufficient to quality as a "family" hereunder.

See RESTAURANT, FAST-FOOD

Ownership of real property combining ownership of a dwelling unit and the lands upon which it is situated.

An artificially constructed barrier erected for the enclosure of yard areas.

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

The final map of all or a portion of the subdivision which is presented to the municipal agency as provided for in this chapter.

Any assistance permitted or required by the state to be furnished by an owner or operator to a resident in the management of personal financial matters, including but not limited to the cashing of checks, holding of personal funds for safekeeping in any manner or assistance in the purchase of goods or services with a resident's personal funds.

A lot which may or may not front or abut a public or private road but where access to the public or private road is by a narrow private right-of-way, easement or other narrow strip of land.

An indoor or outdoor market at which new or secondhand merchandise is sold by individual vendors from booths, stalls or parked vehicles.

The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two (2) buildings.

The total of all floor areas of a building, excluding heating, ventilating and air-conditioning (HVAC) equipment rooms, interior vehicular parking or loading and all floors below the first or ground floor, except when used or intended to be used for any human habitation or any service to the public.

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

A commercial establishment in which food is processed or otherwise prepared for human consumption but not consumed on the premises.

a group of people formally organized for a common interest, usually cultural, service, religious or entertainment, with regular meetings, rituals and formal written membership requirements.

Establishments primarily engaged in undertaking the transportation of goods from shippers to receivers for a charge covering the entire transportation route and, in turn, making use of the services of other transportation establishments as instrumentalities in effecting delivery.

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

Any garage or structure, other than a private garage, available to the public, operated for gain and which is used for temporary parking and/or inside storage of automobiles or other passenger motor vehicles, excluding buses and other similar vehicles.

One (1) or more multifamily buildings not more than two and one-half (2 1/2) stories above the curb level or not more than three (3) livable floor levels and on a landscaped site designed and erected as an integrated development with singleness of use and operation and which contains such common facilities as pedestrian walks, open spaces and recreation areas in accord with minimum standards stated in this chapter, off-street parking and/or garage facilities concomitant with unit density, complete utility systems and free two-way access provided from two (2) or more directions.

Two (2) or more garden apartments on a single lot.

The conditions under which preliminary approval is granted, including zoning plat details, improvements, off-site improvements and design standards.

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

The degree of rise or descent of a sloping surface above or below a horizontal plane.

Those strategies that minimize the impact of development on the environment and enhance the health, safety and well-being of residents by producing durable, low-maintenance resource-efficient housing while making optimum use of existing infrastructure and community services.

The total floor area for which a tenant pays rent and which is designed for the tenant's occupancy and exclusive use.

An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. No portion of a lot included in a street right-of-way shall be included in calculating the lot area. Riparian lands shall be included in calculating the lot area. Riparian lands shall be included to determine lot area, but only lands up to the bulkhead line shall be used to determine gross lot density.

The area of all floors or a building measured at the exterior of the walls thereof, excluding cellars, attics, closets, porches, patios, terraces, carports, breezeways, verandas and garages and any other unheated areas.

For all areas under roof, the minimum ceiling height of seven (7) feet six (6) inches for not less than one-fourth (1/4) and not more than one-half (1/2) of the area under roof shall be considered a half story. Anything less than permitted shall be considered an attic, anything more than permitted shall be considered a full story. Basements shall be considered half stories. Refer to Section 430-60GG for use limitations.

A facility or institution, whether public or private.

An occupation or a profession which:

A community association which is organized in a development in which individual owners share common interests in open space or facilities.

An institution which maintains and operates organized facilities and services for the diagnosis, treatment or care of persons suffering from illness, injury or deformity and/or obstetrics and in which all diagnosis, treatment and care are administered by or performed under the direction of persons licensed to practice medicine or osteopathy in the State of New Jersey. Said institution shall also conform to the revised standards for hospital facilities as adopted by the State Board of Control or the Department of Health.

A series of attached, semiattached or detached dwelling units operated as a single business, containing individual sleeping or living units with bathrooms and closet space, with or without kitchens, designed for or used to provide housing accommodations, for a consideration, to tourists, transients and travelers and held out to the public as accommodations by the day, week or month.

An "item of information", as related to signage, shall mean any word, syllable, initial, abbreviation, number, symbol or geometric shape.

A lot or structure, or part thereof, used primarily for the collection, storage and sale of wastepaper, rags, scrap metal or discarded material or for the collection, dismantling, storage and salvaging of machinery and/or motor vehicles or parts thereof.

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

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

Areas containing trees, shrubs and ground covers, pedestrian and recreation areas, ponds, streams or any other areas of features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers or areas utilized for outside storage.

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.

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

A lot at the junction of and fronting on two (2) or more intersecting streets when the interior angle of intersection does not exceed one hundred twenty degrees (120°). All lot lines that front on a street shall be considered front lot lines. There shall be no side lot line on the side of a building fronting on a street. The lot line or lines generally parallel to the rear of the building shall be considered the rear lot line or lines. In the case of a building facing toward the interior angle, rather than solely on one (1) street frontage or the other, there shall be no side lot lines, and any lot lines other than those considered front lot lines shall be considered rear lot lines. "Corner lots' shall provide the minimum front yard setback for the respective zone for all intersecting streets. Residential "corner lots" on collector, major or arterial streets shall have driveway access only to the street of lesser traffic classification. Exception to the above standard shall only be in the R-25 Residential Zone, where the corner lot is twenty-five feet by one hundred (25 x 100) feet. In this case, the front yard setback shall apply to the front entrance side of the building, and the side yard of the building fronting on a street shall have a minimum side yard setback of five (5) feet. Rear yard setback shall only apply to the side opposite the front entrance.

The proportion of the area of a lot, expressed as a percent, that is covered by the building or buildings, including accessory buildings. An aboveground swimming pool shall not be included in determining the percentage of "lot coverage," but a below-ground swimming pool shall be included in determining the percentage.

The shortest horizontal distance between the street line and the nearest part of a rear lot line. The greater frontage on a corner lot shall be its depth.

The horizontal distance between side lot lines measured along the street line. The minimum "lot frontage" shall be the same as the lot width, except that on curved alignments with an outside radius of less than five hundred (500) feet, the minimum distance between the side lot lines measured at the street line shall not be less than sixty percent (60%) of the required minimum lot width.

A lot other than a corner lot.

The boundary line of a parcel of land as shown on a certified filed map or as defined by a filed map, or both. A "lot line" shall not be considered unless legally subdivided.

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

A lot running through from one (1) street to another.

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

For zoning purposes, as covered by this chapter, a "zoning lot" is a parcel of land of at least sufficient size to meet the minimum zoning requirements for uses, coverage and area and to provide such yards and other open space as are herein required. Such lot shall have frontage on an improved public street and shall be only the lands designated as the tract to be used, developed, occupied or built upon, and may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record, of complete lots of record and portions of lots of record or portions of lots of record; or a parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

Any security which may be accepted by the municipality for the maintenance of any improvements required by this chapter.

A development plan of one (1) or more lots which proposes new development or involves planned development or any new street or extension of any off-tract improvement.

Any subdivision not classified as a minor subdivision.

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

Any roof-like permanent construction using rigid building materials (and not canvas or vinyl or other flexible fabric) as its covering material that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

A composite of one (1) or more written or graphic proposals for the development of the municipality as set forth and adopted pursuant to N.J.S.A. 40:55D-28.

A value in an ordered set of values, below and above which there are an equal number of values.

The "minimum contiguous acreage" of a planned unit development shall include all riparian rights. Two (2) separate tracts separated by a public road or railroad shall not render the tract noncontiguous.

A development plan of one (1) or more lots which proposes new building area of not more than four thousand nine hundred ninety-nine (4,999) square feet, does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant and contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.

A subdivision of land that does not involve the creation of more than two (2) lots, a planned development, any new streets or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42. The creation of lots may include the two (2) new lots plus the lands remaining. Only one (1) "minor subdivision" shall be permitted on one (1) parcel of land.

The mean sea level, elevation 0.00, as determined by the National Geodetic Vertical Datum, 1929.

Refers to either the Municipal Planning Board or the Zoning Board of Adjustment or the governing body when acting pursuant to the Municipal Land Use Law,[2] depending on which Board has reviewing authority. The word "agency" shall mean "municipal agency."

Any building used or facility owned, operated, subsidized or otherwise assisted by act of the City of Perth Amboy.

The City of Perth Amboy.

Any establishment, which cuts or styles hair and/or nails at stations, where a "station" is a seat in which the client sits for treatment.

A building which in its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.

A lot or parcel which does not have the minimum width or contain the minimum area for the zone in which it is located or the use to which it is being put.

A "nonconforming use" of a building or lot shall include any use, whether of a building, other structure or a tract of land, which does not conform to the use or bulk regulations of this chapter for the district in which such nonconforming use is located, either at the effective date of this chapter or as a result of subsequent amendments which may be incorporated into this chapter. All other lawfully occupied uses are deemed conforming.

An area or site where plants, trees and shrubs are grown for transplanting, for use as stocks, for butting and grafting or for sale.

A school licensed by the State of New Jersey to provide daytime care to instruction for two (2) or more children from two (2) to five (5) years of age, inclusive, and operated on a regular basis.

A facility for two (2) or more convalescent or aged people, which may include kitchen facilities, recreation areas and similar necessary adjunct uses or patient care.

The specific purpose for which land or a building is used, designed or maintained.

Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or a contiguous portion of a street or right-of-way.

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

Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

Located on the lot in question.

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

A roofed piazza, porch or porte cochere which projects beyond the main wall of a building into a yard, of which the columns supporting the roof shall present a minimum obstruction to the view and the circulation or air.

An unoccupied space open to the sky on the same lot with a principal and/or accessory building.

Any individual, firm, association, syndicate, copartnership or corporation having proprietary interest in the land which is the subject of a development application.

One (1) or more lots or parts thereof.

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

An off street space available for the parking of a motor vehicle, which in this chapter is held to be an area of nine (9) feet wide and eighteen (18) feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto, except that all parallel off-street parking spaces shall have an area of ten (10) feet wide and twenty-two (22) feet long and all handicap parking spaces shall be an area of twelve (12) feet wide and eighteen (18) feet long.

A common shared wall between two (2) separate structures, buildings or dwelling units.

A single-family detached housing type on a separate lot, characterized by a zero lot line configuration with little or no side yard setback on one (1) boundary and outdoor living space (patio and courts) integrated into the building design.

An establishment with more than two (2) coin-operated amusement games, such as pinball machines, electronic games, coin-operated bowling games and the like or more than one (1) jukebox. Establishments with fewer than the above are permitted as accessory uses in commercial establishments.

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

The intradermal implanting of inert pigments, colors, and/or dyes, which results in permanent alteration of tissue to gain a cosmetic effect, and includes the form of micropigmentation known as "microblading."

A commercial entity providing services such as (but not limited to) repair or maintenance services, personal care services, bank or financial institution, or similar business not creating any off-premises noise, smoke, air or other pollution, and excluding all uses otherwise specifically regulated or prohibited by this chapter.

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

An area with a contiguous acreage of ten (10) acres or more to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential developments and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this chapter. Contiguous acreage under this definition shall include all riparian rights.

A map or maps of a subdivision or site plan.

A plan of a lot or subdivision on which is shown the topography, location of all existing and proposed buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Board of Adjustment in unusual or special cases.

The conferral of certain rights pursuant to this chapter prior to final approval, after specific elements of a development application have been agreed upon by the municipal agency and the applicant.

The preliminary map indicating the proposed layout of the subdivision which is submitted to the municipal agency.

A lot containing a building or structure.

A place in which an occupation that properly involves a scientific, artistic, educational, clerical, administrative, executive or equivalent activity of a mental rather than manual labor is carried out in a single-purpose structure.

The office, studio or occupational room of a physician, surgeon, dentist, architect, artist, musician, professional engineer, lawyer or similar person, arranged in such order that such use is conducted entirely within a dwelling which is the bona fide residence of the principal practitioner; where no other persons are engaged in the occupation, with the exception of not more than two (2) employees; and where such use does not occupy more than twenty-five percent (25%) of the net livable floor area of the dwelling.

A use that is not a permitted use in a zone district.

An extension of a building which protrudes or juts out from the vertical plane of the building not more than two (2) feet.

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

A structure owned and/or use by the municipality.

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel, 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 nonprofit pollution.

An open space area conveyed or otherwise dedicated to the municipality, Board of Education, state or county agency or other public body for recreational or conservational uses. Dedication and acceptance of "public open space" shall be undertaken as required by this chapter.

Those facilities operated by but not limited to religious organizations, veterans' organizations, fraternal organizations and other institutions or organizations of a similar type but not necessarily belonging to the aforementioned categories.

The majority of a full authorized membership of a municipal agency.

A vehicle-type portable structure without permanent foundation which can be towed, hauled or driven and primarily designed as a temporary living accommodation for recreational, camping and travel use, including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.

A privately owned strip of land of less width than the lot depth required by this chapter and bounded on one (1) side by a proposed street and on the other by the boundary of a subdivision containing said proposed street.

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.

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

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

An establishment which may or may not have tables that serves ready-made food of a limited variety and which may have one (1) or more of the following characteristics:

An establishment where food and or beverages are sold in a form ready for consumption, where all of the consumption takes place off the premises of the restaurant, and where ordering and pick-up of food may take place from an automobile.

A restriction on the use of land usually set forth in the deed and which is binding upon subsequent property owners.

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

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

A private strip of land over which other parties have the right to pass over, traverse or install utilities.

A publicly owned strip of land over which the general public has the right to pass over, traverse or have utilities installed therein.

Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21, as amended.

An apparatus or structure which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals and is commonly referred to as a "dish-type antenna."

A use primarily engaged in the education and instruction of individuals in academic or religious subjects and operated for nonprofit, from kindergarten through grade twelve, and administered, supervised and directly affiliated with an exempted nonprofit religious organization.

A use primarily engaged in the education and instruction of individuals in academic or religious subjects and operated for nonprofit, from prekindergarten through grade twelve.

Any school operated under the administrative authority of a duly constituted state, county, regional or municipal Board of Education.

A visual barrier made up of planted or architectural materials for the purpose of preventing the view of an object or area by the general public.

A roadway at least twenty-four (24) feet in width which provides common access to two (2) or more uses and, where adjacent to a public right-of-way, is separated from that right-of-way by a planting strip at least five (5) feet wide.

The minimum horizontal distance between the street, rear or side lot lines and the closest part of any building. When two (2) or more lots under one (1) ownership are used, the exterior property lines so grouped shall be used in determining "setbacks." The front "setback" shall be measured from any future right-of-way line as adopted in the Master Plan. The term "setback" is synonymous with "required setback" and means a line beyond which a building is not permitted to extend.

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

A triangular-shaped area of land established at street intersections in which nothing is permitted to be erected, placed or planted or allowed to grow in such a manner as to impair or obstruct the line of sight of motorists entering or leaving the intersections.

Any device, structure or object, including painted wall signs for visual communication, that is used for the purpose of advertising the property or establishment upon which the display is exhibited, but not including any flag of any public or religious group. A sign consists of one (1) or more items of information.

The maximum projected area of the shape which encloses the sign, device or representation. In the case of lettering attached to building facades, the "sign area" shall be the product of the maximum vertical dimension multiplied by the maximum horizontal dimension of all lettering and symbols which form the sign, including the empty space between the letters and symbols.

The sign band area on a building is located on the front elevation of that building. The height of a sign band area shall not exceed five (5) feet, and shall be further limited by the following criteria: It shall be located above the horizontal line created by window or doors, including any architectural or ornamental elements above windows and doors, on the ground level of the building, and shall extend to the lowest horizontal sill line of the windows of the second story or to below a horizontal line of the lowest architectural or ornamental elements below the lowest sill line of the window of the second story. For single story buildings, the sign band areas shall be located above the horizontal line created by window or doors, including architectural or ornamental elements above windows and doors, on the ground level of the building, and shall extend to below the roof line, parapet level or to below the horizontal line of the lowest architectural or ornamental elements at the roof or parapet line. If a building has frontage on two (2) streets, one (1) sign may be installed on each elevation, as required above, except if the second elevation of the building fronting on a street has no door or windows on the ground level or windows on the second level, than a sign is not permitted on the wall. The width of the sign band area shall be the internal width of the building or use, whichever is less, or the width of the storefront window or windows serving the building or use.

Any notice or advertisement, pictorial or otherwise, used as an outdoor display not related to a use on a lot, regardless of its size or dimensions. This includes signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected.

Any sign mounted on a structure erected, not attached to any building.

Any sign mounted at or immediately above the ground on a structure erected, and not attached to any building. Monument signs are ground signs.

A sign attached perpendicular to an exterior wall of a building.

A development plan of one (1) or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; 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; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.

A property owner's right to have the sunlight shine on his land.

A portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above, or anything not considered a half-story, basement, cellar or attic. Underground space shall be considered a "story" when the upper surface of the floor next above is more than six (6) feet above the adjacent finished grade at any point around the building.

The distance or width located on both sides of a stream or watercourse which has been dedicated, deeded or granted by easement to any government agency for stream right-of-way or which has been indicated in an officially adopted stream improvement program.

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided in the Municipal Land Use Act;[3] or which is shown on a plat duly filed and recorded in the office of a County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street line, whether improved or unimproved, and may comprise pavement, shoulders, gutter, curbs, sidewalks, parking areas and other areas within the street lines.

The line determining the limit of the right-of-way, whether existing or contemplated. Where a definite right-of-way has not been established, the "street line" shall be assumed to be at the future right-of-way line as adopted in the Master Plan.

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.

A combination of materials to form a construction for occupancy, use or ornamentation that is safe and stable, and includes among other things stadiums, platforms, radio towers, storage bins and swimming pools.

A structure without any foundation or footings and which is removed when a specifically designated time period, activity or use for which the temporary structure was erected has ceased.

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created:

A swimming pool which is located as an accessory use on the same lot as the principal use it serves, is utilized only by the owner or his nonpaying guests and is not operated for profit.

A swimming pool open to the general public or open to members only of a club or organization, whether operated for profit or not.

Any method of placing ink or other inert pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This includes all forms of permanent cosmetics.

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

See "church."

A dwelling structure which may be attached by means of a common wall or stacked one (1) over the other and may be attached to others by means of elements such as open-air trellises, entry porches, balconies and terraces which shall serve as unifying and connecting elements in the design. Such structures may be clustered to create courtyards. "Terrace homes" usually are stacked with open terraces creating the roof of the unit below and are staggered up an incline.

A building not less than three (3) stories above the curb level nor more than ten (10) stories above the curb level providing at least one (1) elevator for the first eight (8) stories and further providing at least two (2) elevators for any building nine (9) stories or more above curb level. Such a residential building shall be placed on a landscaped lot, providing such common facilities as pedestrian walks, open space on all sides of the building and recreation areas in accord with minimum standards set forth in this chapter, off-street parking and/or garage facilities concomitant with the density, complete utility system service and free two-way access to a public right-of-way.

One (1) of a series of attached one-family dwelling units not more than two and one-half (2 1/2) stories above curb level, constructed in a row house manner, each having a common wall between adjacent sections and landscaped individual rear yards and front yards designed as an integral part of each one-family dwelling unit. Off street parking and/or garage facilities shall be provided to equal unit density. Pedestrian walks and free two-way access in two (2) distinct directions shall be provided, as well as open space and recreational facilities in sufficient amounts as stated in this chapter.

One (1) of a series of attached single-family dwelling units designed for conveyance either as a condominium or in fee simple, attached [on either both sides or one (1) side depending upon whether the unit is an interior unit or whether the unit is at the end of a townhouse dwelling structure, thereby having one (1) common and one (1) exterior wall], with private or semiprivate front and rear yard areas.

A structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects or as a temporary office.

Any dwelling unit for living or sleeping purposes which is equipped with wheels or some device used for the purpose of transporting such unit from place to place, whether by motor vehicle or other means, or any factory-built unit equipped with wheels used for living or sleeping purposes, whether the same is on blocks, posts or any other type of foundation. "Mobile home" shall be synonymous with "trailer home."

A typed or printed record of the proceedings or a reproduction thereof.

A single or one-way vehicle movement either to or from a subject property or study area.

The total of trips produced or expected to be produced by a specific land use or activity.

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

A use which is incidental to that of a principal use on the same lot.

A use of a building or land that does not conform to the provisions of this chapter for the zone in which it is located.

A use of a building or land that conforms to the provisions of this chapter.

A use which is the major use of the lot. In any residential zone, a dwelling on a lot shall be deemed the "principal use" of that lot.

Any use of land or structures thereon which are owned and used by the federal, state, county or municipal governments. "Public use" shall also include property not owned by a governmental entity but which is leased or used for that purpose.

Any use which is public in nature but which is owned and used by a private interest group. "Quasi-public use" includes churches, parish houses, parochial schools, historical sites and similar uses, but does not include clubs, lodges or similar private uses.

The use of a building or part as a dwelling unit.

Any unoccupied land, structure or part thereof available and suitable for occupancy.

Permission to depart from the literal requirements of this chapter pursuant to N.J.S.A. 40:55D-40, 40:55D-60 and 40:55D-70.

An open space on the same lot with a principal building which is open, unoccupied and unobstructed by buildings from the ground to the sky, except as otherwise provided in this chapter. The minimum required "yard" shall be the same as the required setback.

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

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

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

A document signed by the Zoning Officer which shall be required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom duly authorized by the appropriate municipal agency.