A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot, except that any structure with a ground-floor area in excess of 500 square feet or a building containing living space shall never be considered an accessory building.

The Borough Administrator or his designee or such other person as the Borough Council may designate by resolution.

A commercial establishment which as one of its principal business purposes offers for sale, rental, or display any of the following:

As applied to a building or structure, shall mean a change or rearrangement in the structural supports; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure or making any changes in a building or structure which is effected by any provision of this chapter.

As defined by the State of New Jersey and subject to any restrictions imposed by the State of New Jersey. For the purposes of this chapter, alternative treatment centers shall be considered a retail commercial use and shall be subject to the parking and any other requirements for retail commercial uses.

Any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.

A conventional apparatus, other than an earth or ground terminal, used for the reception of television, radio and amateur radio communications.

A dwelling designed and occupied by one household or family and located in a multifamily structure.

A structure housing at least three multifamily dwelling units in a building of three or more stories and/or having a single entrance per building.

A developer submitting an application for development.

The application form, affidavit, survey, narrative, 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 N.J.S.A. 40:55D-34 or 40:55D-36.

The Planning Board, unless a different agency is designated in this chapter when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.

The same as "motor vehicle repair garage."

A place of business where the primary purpose is the sale of new motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities, with or without a used car lot on the same business premises or immediately adjacent thereto.

The same as "motor vehicle service station."

A sign that is mounted or painted on the drop-leaf (fringe) of an awning.

The elevation, based on mean sea level, of a flood that has a one-percent or greater chance of occurrence in any given year as established by the Federal Insurance Administration of the Department of Housing and Urban Development and as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration.

A story partly underground and having more than 1/2 of its height above the average level of the finished grade at the front of the building. "Basement," for purposes of Ordinance No. 2009-22,[1] shall mean any area of the building having its floor subgrade (below ground level) on all sides.

A structure, including panels of poster paper attached to it, utilized for advertising an establishment, an activity, a product, a service or entertainment and which has an area equal to or greater than 200 square feet.

The length of a street between two street intersections.

Any dwelling for hire in which more than two persons are housed or lodged, with or without meals.

The Board established pursuant to N.J.S.A. 40:55D-69. The term "Board of Adjustment," as used in this chapter, also means the Planning Board when it is acting pursuant to N.J.S.A. 40:55D-60.

The licensed New Jersey professional engineer specifically retained by the Board of Adjustment (or assigned by the Borough Engineer with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of a Board of Adjustment Engineer, the Borough Engineer may assume the duties of the office.

Any waterfront facility where docking accommodations and/or land-dry-storage accommodations for any watercraft, such as powerboats, sailboats or rowboats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A boatyard shall be deemed to include all auxiliary and accessory services, such as chandlery, gasoline sales and rental business activities related to the primary use.

The Borough of Red Bank.

A strip of land which separates multifamily, commercial, office or industrial-type districts or uses from adjoining residential districts or uses so as to allow adequate screening of view, noise or activity taking place within these districts from adjoining residences. Within any such buffer area, no buildings, structures, driveways, parking or loading area or other use of the land shall be permitted unless otherwise provided in this chapter.

That central portion of any lot between required yards and/or setback lines.

A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.

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 vertical faces, which at all points are less than three feet above the level of the ground.

The vertical distance measured from the average elevation of the finished grade at all corners 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; to the deckline for mansard roofs.

The line beyond which a building shall not extend unless otherwise provided in this chapter.

A permit issued for the alteration or erection of a building or structure in accordance with the provisions of the Building Code of the Borough.

A structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.

The stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including, but not limited to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.

Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

Any 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.

Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.

Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers.

Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.

A governmental acquisition of real property or a major construction project.

A covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.

A story wholly or partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground.

A certificate issued by the administrative officer after all required submissions have been made in proper form, certifying that an application for development is complete.

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

A building or group of buildings, including customary accessory buildings designed or intended for public worship. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples, and other similar designations, as well as parish houses, rectories, convents and such accessory uses as social halls.

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.

A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.

Any type of earth terminal not defined as a "personal earth terminal."

A parking facility created and/or used for the sole purpose of leasing spaces and not required to provide parking for other on-site uses.

A use such as a bowling alley, bike rental, boat rental, skating rink, game room, billiard parlor, do-it-yourself arts and crafts, batting cages, escape rooms and similar type uses.

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.

An application for development which complies in all respects with the appropriate submission requirements set forth in this chapter, including an application form completed as specified by ordinance and the rules and regulations of the municipal agency, and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in this chapter, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the municipal agency.

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 municipal agency.

A temporary sign erected on premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors and similar artisans and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project.

Development other than planned development.[2]

A composite of the Master Plan for the physical development of Monmouth County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

The Planning Board of the County of Monmouth.

An unoccupied open space on the same lot with a building, which is bounded on three or more sides by building walls.

The same as "lot coverage."

A sediment-producing highly erodible or severely eroded area.

The officially established grade of the curb in front of the midpoint of the front lot line.

Calendar days.

The permitted number of dwelling units per gross area of land to be developed. (See "residential density, gross.")

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 or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, or of any mining, excavation or landfill, and any use or change in the use of any building or structure, or land or extension of use of land, for which permission may be required pursuant to this chapter. "Development," for purposes of Ordinance No. 2009-22,[3] shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filing, grading, paving, excavation or drilling operations located within the area of special flood hazard.

Experiencing a disability which originates before 18 years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap, and which is attributable to mental retardation, cerebral palsy, epilepsy, autism, or other conditions found by the Commission of Human Services to give rise to an extended need for similar services.

A person who is developmentally disabled as defined in N.J.S.A. 30:11B-2, and "mentally ill person" means a person who is afflicted with mental illness as defined in N.J.S.A. 30:4-27.2, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.

A document signed by the administrative officer:

This chapter, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.

Any part of the territory of the Borough which is designated as a zone on the accompanying Zoning Map[4] and to which certain uniform regulations and requirements of this chapter apply.[5]

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 nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

The same as "fast-food establishment" (auto-oriented).

An establishment that as part of its operation sells products or provides services to occupants in a vehicle. This use includes, but is not limited to, the operation of a drive-up or drive through service at a bank or other financial institution, the operation of fast food service establishment, and commercial retail sales (e.g., pharmacy).

Any building or portion thereof designed or used exclusively for one or more dwelling units.

An attached building or part thereof designed for or containing one dwelling unit, located on a separate building lot, separated by vertical common walls from dwellings located on one or more sides.

A detached building designed for or containing one dwelling unit.

A detached building designed for or containing two dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to the outside of a common cellar.

An apartment including the following separate rooms or combination thereof: a bathroom with toilet and bath facilities and a combination living room and bedroom, with a combination kitchen and dining room; or a combination living room, bedroom and dining room with a separate kitchen; or a combination living room, bedroom, dining room and kitchen (provided that the kitchen can be closed off from the remainder of the room). No additional room shall be provided, except hallways and suitable closet and storage space.

A building designed for or containing three or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to the outside or a common cellar.

An apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area (provided that in no case shall a kitchen be combined with a living room); a bathroom with toilet and bath facilities; and a bedroom. No additional room shall be provided, except hallways and suitable closet and storage space.

A detached building designed for or containing one dwelling unit.

An apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area (provided that in no case shall a kitchen be combined with a living room); a bathroom with toilet and bath facilities; a master bedroom; a second bedroom; a third bedroom. No additional room shall be provided, except hallways and suitable closet and storage space.

A unit designed for or containing three or more dwelling units, which are entirely separated from each other by vertical walls, unpierced, except for access to the outside.

An apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area (provided that in no case shall a kitchen be combined with a living room); a bathroom with toilet and bath facilities; a master bedroom; a second bedroom. No additional room shall be provided, except hallways and suitable closet and storage space.

A building or part thereof having cooking, sleeping and sanitary facilities, designed for or occupied by one family, and which is entirely separated from any other dwelling unit in the building by vertical walls, or horizontal floors, unpierced, except for access to the outside or a common cellar.

Any apparatus or device, commonly known as an "earth terminal antenna," "earth terminal," "earth station," "satellite communications antenna," "satellite antenna," "microwave dish antenna," or "dish antenna," and including as part of such apparatus or device the main reflector, subreflector, feed, amplifier and support structure, which is designed for the purpose of transmitting and/or receiving microwave, television, radio, satellite or other electromagnetic energy signals into or from space, but does not include conventional television, radio and amateur radio antenna.

The right of the Borough, county, state, sewerage authority or other public or quasi-public agency, their agents, servants and employees to use the land subject to the easement for the purposes specified on the plat or in the document granting the easement.

Public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state. Summer day camps shall not be considered as educational uses or accessories to such uses. Duly accredited colleges and universities shall also be considered educational uses.

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point-of-sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating current or, consistent with fast-charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

The Red Bank Environmental Commission, a municipal advisory body, if and when created pursuant to N.J.S.A. 40:56A-1 et seq. Unless and until such Commission is created, all duties and responsibilities of the Commission shall be assumed by the municipal agency.

For the purposes of this chapter, a compilation of studies, reports, documents and findings of fact prepared by an applicant as part of and for a development application. Said EIR shall be consistent with and shall contain all that information, data and documentation contained in § 490-90 of this chapter. An environmental impact statement meeting the requirements of P.L. 1973, Chapter 185, of the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq., and specifically outlined in Section 6 of said Act will be accepted in lieu of the EIR.[6]

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

A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Freehold Soil Conservation District.

Underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables, and including normal aboveground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.

Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.

Site plan and/or subdivision approval shall not be required prior to issuance of a development permit for the following:

A logo which occupies no greater than 20% of the sign face as authorized by this chapter.

Any sign lighted by or exposed to artificial lighting by lights not contained within the sign structure but directed towards the sign.

One or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.

A quick-service food establishment that is most commonly operated as a franchise or chain restaurant, that typically serves food that is prepared in bulk and ready to serve for consumption on premises and/or ready to take away by customers, the majority of which will arrive by automobile, for consumption off premises.

An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.

A fence in which 2/3 of the area, between grade level and the top cross member (wire, wood or other material), is open.

The official action of the Planning 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 guarantees properly posted for the completion, or approval conditioned upon the posting of such guarantees.

The final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provisions of this chapter.

Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.

The sum of the gross, horizontal areas of the floor or floors of a structure, including enclosed parking levels, basements and cellars, measured between the inside faces of exterior walls or from the center line of walls common to two structures or uses. For the purposes of determining required parking, enclosed parking levels and unoccupied cellars/basements used only for storage will not be considered floor area.

The sum of the gross horizontal areas of the floor or several floors of a dwelling, measured between the inside face of exterior walls or from the center line of walls separating two dwelling units, having a clear ceiling height of seven feet four inches or greater, but not including any unfinished cellar or basement or any garage space, breezeway, interior patios, enclosed porches or accessory building space.

The sum of the area of all floors of buildings or structures compared to the total area of the site. Exterior balconies, decks or porches shall not be included in the calculation of floor area ratio.

A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.

A garage used as an accessory to the main building, which provides for the storage of motor vehicles and in which no occupation, business, or service for profit is carried on.

A garage conducted as a business. The rental of storage space for more than two motor vehicles not owned by occupants of the premises shall be deemed a public garage.

A multifamily dwelling unit designed for and occupied by one household or family and located in a two- or two-and-one-half-story structure, normally having an exterior entrance for each one or two units.

The same as "motor vehicle service station."

The same as "business office."

A shape characterized as being either a circle, an ellipse, a parallelogram or a trapezoid.

The Borough Council of the Borough of Red Bank.

A sign erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation.

The existing undisturbed elevation of land, ground, and topography preexisting or existing on a lot, parcel or tract of land in the Borough at the time of the adoption of this chapter.

The completed surface of lawns, walks and roads brought to grade as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.

All words, letters, numbers, symbols, colors, shapes, etc., which appear on the sign face and are intended to convey a visual message. Total graphic content coverage of a sign shall be measured by computing the area of the smallest geometric figure which can encompass all words, letters, figures, logos and other elements of the sign message.

The roof or portion of a roof that is covered with vegetation and a growing medium over a waterproofing membrane. May also include a root barrier and drainage and irrigation systems. Plants maintained in pots or other containers shall not be considered green roofs.

The same as "floor area."

The same as "floor area, habitable."

Any sign supported by either uprights affixed to the ground or supported by a base affixed to the ground.

The facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis or treatment of human disease, pain, injury, deformity, or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended-care facility, skilled nursing home, nursing home, intermediate bioanalytical laboratory (except as specifically excluded hereunder), or central services facility serving one or more such institutions, but excluding institutions that provide healing solely by prayer and excluding such bioanalytical laboratories as are independently owned and operated, and are not owned, operated, managed, or controlled, in whole or in part, directly or indirectly, by any one or more health care facilities, and the predominant source of business of which is not by contract with health care facilities within the State of New Jersey and which solicit or accept specimens and operate predominantly in interstate commerce.

The same as "building height" or "structure height."

The vertical distance measured between average grade at a sign and the highest point of the highest portion of the sign, including any incidental structural element or support.

A line showing the upper inland wetlands boundary (a biological "high-water line") on a series of maps prepared by the State of New Jersey Department of Environmental Protection for the Swimming and Navesink Rivers in accordance with the provisions of the "Wetlands Act of 1970," N.J.S.A. 13:9A-1 et seq., said line being established from photographs, and each of these maps being on file in the office of the County Clerk, Monmouth County, New Jersey.

Any sign designed to provide information on the architectural or historical qualities of a structure, building or site.

Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archeological, cultural, scenic or architectural significance.

Temporary signs in the nature of decorations, clearly incidental to and customarily and completely associated with any national, local or religious holiday; any other provision of this section to the contrary notwithstanding, such signs may be of any type, number, area, height, location, illumination or animation.

Any use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling, and provided further that no machinery or equipment is used which will cause electrical or other interference with radio and television reception in adjacent residences or cause offensive noise or vibration. Such activities as clinics, hospitals, barbershops, beauty parlors, tearooms, tourist homes, animal hospitals, nursery schools, and music or dancing schools other than for individual instruction shall not be deemed home occupations under the terms of this chapter.

A sign containing only the name and occupation of a permitted home occupation.

An incorporated, nonprofit organization operating under a recorded land agreement through which:

The practice of a profession, as defined by this chapter, conducted entirely within a dwelling which is the bona fide residence of the principal practitioner.

A building or series of buildings, primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including, as an integral part of the buildings, such related facilities as laboratories, outpatient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.

A structure containing 25 or more sleeping units devoted mainly to the housing of transient travelers, having on-site parking facilities and permitting accessory uses, including but not limited to:

A street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternatively, a street which has been accepted and maintained by the Borough, Monmouth County or the State of New Jersey.

A lot bounded by a street on one side only.

A street or road that is developed wholly within a parcel under one ownership and meeting all Borough standards.

Any sign lighted by or exposed to artificial lighting by lights completely or partially contained within the sign structure.

The use of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery, or parts thereof; provided, however, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural use permitted in any zone. The term "junkyard," as herein defined, includes automobile wrecking yards.

Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the municipality. Such term also includes improvements and fixtures on, above or below the surface.

Any activity involving the clearing, grading, transport, filling of land and any other activity which causes land to be exposed to the danger of erosion.

The orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant materials, including incidental use of decorative mulches, gravel and similar materials, to produce an aesthetically pleasing appearance and to satisfy ground stabilization requirements, all arranged and implemented in accordance with good practice and the requirements of this chapter, including but not limited to § 490-81 of this chapter.

The fabrication, assembly or processing of goods or materials, or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion or produce no toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.

An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such space must have clear means of ingress and egress to a public street at all times.

A letter, word, name, symbol or other graphic representation used as an abbreviation, symbol or identification for business and commercial purposes on various sign types and structures.

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. A "lot" is land occupied or to be occupied by a building, structure and permitted accessory uses or by a dwelling and its accessory uses, together with such open spaces as are specified and required under the provisions of this chapter, having not less than the minimum area required by this chapter for lots in the district in which such a lot is situated and having the required frontage on a street.

The acreage and/or square footage of a lot contained within the lot lines of the property. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area. Portions of lots encumbered by easements shall be included in calculating lot area.

Any lot which occupies the interior angle of the intersection of two streets.

The area of a lot covered by buildings and structures and accessory buildings or structures and expressed as a percentage of total lot area. For the purpose of this chapter, parking areas and automobile access driveways shall not be included in lot coverage to the extent required by ordinance, except that any new or expanded paved driveways for one- and two-family dwellings shall count toward lot coverage. New or expanded driveways for one- and two-family dwellings utilizing gravel, concrete tire channels or decorative pavers shall not count towards lot coverage.

The shortest distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line, which shall be not less than 10 feet in length measured between its intersections with the side lot lines. On corner lots, one side lot line shall be considered a rear lot line for the purpose of determining lot depth only.

The horizontal distance of lot lines or portions thereof of which are coexistent with a street line. In the case of a street of undefined width, the lot lines shall be measured to parallel the center line of the street at a distance of 50% of the statutory street right-of-way width therefrom.

Any line designating the extent or boundary of a lot, which shall further be defined as follows:

The distance between the property sidelines, measured at the front yard setback line. Unless otherwise specified, minimum lot width shall equal minimum lot frontage.

A business establishment, whether or not offering liquor to its customers, which includes an area in which patrons may dance, occupying 5% or more of gross floor area, and live entertainment, including entertainment by dancers.

Any security, which may be accepted by the Borough, 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-53.5, and cash. Said guarantee shall be for a term of not less than two years from the date of acceptance.[7]

Any site plan not classified as a minor site plan or exempt site development.

Any subdivision not classified as a minor subdivision.

The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. "Make-ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et al.).

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 waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; boat sales, repairs, maintenance and service; excluding, however, facilities for the construction of new boats. For the purpose of this chapter, a berthing facility for no more than four boats for a single-family residential property shall be exempt from the parking requirements of marinas.

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

The Mayor of the Borough of Red Bank.

A type of professional office consisting of one or more medical doctors or doctors of dentistry whose practice involves the diagnosing, treating or prevention of disease or other damage to the body or mind.

A sign type used solely for the purpose of commemorating a person, event or structure in a public or quasi-public area such as a park, plaza or play field for perpetuity and is governed by the sign regulations in § 490-104 of this chapter.

A sign which does not require the issuance of a development permit.

A development plan for one or more lots which is/are subject to development which:

A hotel where each unit has convenient access to a parking space or parking spaces for the use of the unit's occupants.

A building or portion of a building or land or portion thereof which is primarily devoted to the light-duty repair and maintenance of motor vehicles, including tune-ups, muffler, brake and alignment repair, and excluding auto body repair, auto wrecking and heavy-duty engine repair and rebuilding.

A building or portion of a building or land, or portion thereof, which is not primarily devoted to the retail sale of gasoline or new or used automobiles or trucks, in which auto body work or the overhauling or replacement of automobiles, automobile parts or any portion thereof is conducted as a business for profit.

Any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may include facilities for lubricating, washing or servicing of motor vehicles, except that auto body work of any nature and the sale of new or used motor vehicles shall be prohibited.

The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.

The Planning Board or Board of Adjustment or governing body of the Borough when acting pursuant to N.J.S.A. 40:55D and this chapter.

The Borough of Red Bank.

N.J.S.A. 40:55D (Chapter 291, Laws of N.J., 1975).

A sign giving the name or address, or both, of the owner or occupant of a building or premises on which it is located.

A business establishment, whether or not offering liquor to its customers, which includes an area in which patrons may dance occupying 5% or more of gross floor area. Entertainment by dancers is not permitted in nightclubs.[9]

A lot, the area, dimension or location of which was lawful prior to adoption, revision or amendment of this chapter[10] but fails to conform to the requirements of the zone district in which it is located by reasons of such adoption, revision or amendment.

A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter [11] but which fails to conform to the requirements of the zone district in which it is located by reasons of such adoption, revision or amendment.

A use or activity which was lawful prior to the adoption, revision, or amendment of this chapter [12] but which fails to conform to the requirements of the zone district in which it is located by reason of such adoption, revision or amendment.

Pollution from any source other than from any discernible, confined, and discrete conveyance and shall include but not be limited to pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

A school designed to provide daytime care or instruction of two or more children from two to six years of age, inclusive, and operated on a regular basis. For the purpose of this chapter, nursery schools serving five or less children shall be a permitted accessory use in residential zones, and nursery schools serving in excess of 25 children shall be considered an educational use.

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

The same as "certificate of occupancy."

The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.

A map adopted by ordinance by the Borough Council pursuant to N.J.S.A. 40:55D-32 et seq.

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 on a contiguous portion of a street or right-of-way.

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

Located on the lot in question.

Any sign commonly associated with, and limited to, information and direction necessary or convenient for persons coming on the property, including signs marking entrances and exits, parking areas, one-way drives, rest rooms, pickup and delivery areas and the like.

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 porch or steps with a fixed roof no larger than six feet wide by four feet deep and with no sidewall other than the wall of the structure to which it is attached.

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.

An unoccupied grassed, wooded or landscaped area open to the sky on the same lot with a principal and/or accessory building. Improved sidewalks, paved paths, or other pedestrianways within an unoccupied open space area, which exceed four feet in width, shall be deducted in determining the unoccupied open space area. Parking area or traffic channelization islands which are not landscaped or which have an area of less than 350 square feet shall not be considered as unoccupied open space. Riparian grants may provide up to 25% of the unoccupied open space requirement.

Any individual, family, group, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in land, the subject of a development proposal.

An open area used for the open storage of motor vehicles and includes any driveways and access drives.

An open area, other than a street, intended for the same use as a private garage, is accessory to a residential or nonresidential building or use and not used by the general public.

An area, other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free or as an accommodation of clients or customers.

The same as "garage, public."

An off-street space provided for the parking of a motor vehicle with a minimum area of 162 square feet, exclusive of driveways or access drives, either within a structure or garage or in the open or as may be otherwise defined in this chapter.

For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.

An area of land not used for receiving and storing material where the ground has been surfaced with construction materials such as brick, stone, cement or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.

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.[13]

An earth terminal intended solely for the reception of radio and/or television signals from a satellite being employed only for private noncommercial purposes related to a residential use containing fewer than 10 dwelling units.

A business, building or use in which the skills of one or more persons are utilized for the benefit of other persons. Examples of personal services uses include barbershops and beauty shops, exercise studios, tanning salons, and instruction schools and studios. Personal services do not normally include substantial retail sales or manufacturing, repair, storage or distribution of goods, nor are business or professional offices normally considered personal service uses.

Planned unit development, planned residential development, residential cluster, planned commercial development or planned industrial development.

The Borough of Red Bank Planning Board established pursuant to N.J.S.A. 40:55D-23. The term "Planning Board," as used in this chapter, also means the Board of Adjustment when it is acting pursuant to N.J.S.A. 40:55D-76.

The licensed New Jersey professional engineer specifically retained by the Planning Board or assigned by the Borough Engineer (with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of a Planning Board Engineer, the Borough Engineer may assume the duties of the office.

A map or maps of a subdivision or site plan.

The plat of all or a portion of the development prepared and submitted to the approving authority for final approval. "Final plat" shall also include and be synonymous with the term "final site plan."

The plat prepared and submitted to the approving authority as a part of the application for preliminary approval. "Preliminary plat" shall also include and be synonymous with the term "preliminary site plan."

The plat prepared and submitted to the approving authority for purposes of classification and discussion in accordance with Article VI of this chapter.

A temporary sign announcing or supporting political candidates or issues in connection with any national, state, county or local election.

A sign that is not permanently affixed to a building, a structure or the ground.

The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

Architectural drawings prepared during early and introductory stages of the design of a project, illustrating, in a schematic form, its scopes, scale, relationship to its site and immediate environs and exterior colors and finishes.

A lot or tract of land or any combination thereof held under a single ownership or control.

A business which utilizes a majority of its gross floor area for the purpose of serving patrons food. It may offer alcoholic beverages as a secondary service. Entertainment by dancers is not permitted in primary food-service establishments.

A business which utilizes a majority of its gross floor area for the purpose of serving patrons alcoholic beverages and may also offer food as a secondary service. Entertainment by dancers is not permitted in primary liquor-service establishments.

The primary or principal purpose for which a building, structure or lot is used.

A temporary sign advertising private sales of personal property at house sales, yard sales, garage sales, rummage sales and the like or private, not-for-profit events such as picnics, sporting events, carnivals, bazaars, game nights, art fairs, craft shows, Christmas tree sales, and the like.

The office of a member of a recognized profession, which shall only include the office of doctors or physicians, psychologists, dentists, optometrists, architects, professional engineers, professional planners, land surveyors, attorneys, certified professional accountants, physical therapists, speech therapists, and other New Jersey licensed therapists, five or fewer insurance agents, and real estate brokers with five or fewer brokers or sale agents. See also "medical or dental office."

That use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance under N.J.S.A. 40:55D-70d would be necessary in order to provide that use in that particular zone.

A sign other than a wall sign, affixed to a structure in a manner which caused the sign face to project outward, usually, but not always, perpendicular to the structure.

A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.

An open space area conveyed or otherwise dedicated to the Borough or municipal agency, Board of Education, state or county agency, or other public body for recreational or conservational uses.

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

A sign pertaining to the sale, rental or lease of the premises, or a portion of the premises, on which the sign is located; excluding, however, "sold by" signs.

Any sign which is affixed to any exterior wall of any building where such wall does not front a public street but contains a means of public pedestrian access into the building.

A four-sided plane figure with four right angles.

A ground or wall sign utilized by a church, synagogue or other similar place of religious worship to inform the public of the nature and schedule of planned activities, events or services.

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.

The number of dwelling units which may be or are developed per acre of land, including areas used for public access and/or open space.

The number of dwelling units which may be or are developed per acre of land, exclusive of areas used for public access and/or open space.

A retail business where the majority of the merchandise sold is food and/or beverages in form ready for consumption, where no alcoholic beverages are sold or consumed, and there is no table service. Accessory seating is permitted, but limited to a maximum of 12 seats. Food uses that do not meet all of the criteria of a retail food establishment as defined herein shall be considered a primary food service establishment or primary liquor service establishment.

A structure more than 18 inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.

A sign that is mounted upon the roof of a building.

The same as "boardinghouse."

The same as "educational use."

Any concentration or grouping of trees or shrubbery as may be required by this chapter.

The same as "accessory use."

Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.

A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other material.

That portion of any required yard area which is set aside for the sole purpose of access from the road adjoining the premises to the loading or unloading area on the premises, to service the building erected or the use conducted thereon.

The horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines.

The line beyond which a building shall not extend unless otherwise provided in this chapter.

The same as "adult-oriented business."

If and when established, the Shade Tree Commission of the Borough.

An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants, and auditoriums, housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities and having a minimum total floor area of 20,000 square feet.

Any writing (including letter, word or numeral), pictorial presentation (including illustration), decoration (including any material or color forming an integral part of other sign elements or used to differentiate such decoration from its background), emblem (including device, symbol or trademark), flag (including banner, balloon or pennant), or any other device, figure, logo, or similar character which:

That portion of a building fronting a public roadway or public parking facility extending from the finished grade of the building to the bottom of the lowest second-floor windowsill or to a height of 20 feet, whichever is less, and along the entire length of the building which fronts the public street or public parking facility.

The area made available by a sign structure for the purpose of displaying a message.

The horizontal distance between a sign, measured from the nearest portion of the sign, and any front, side or rear lot line.

Any sign that is displayed upon, against or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.

Any word, letter, emblem, insignia, figure or similar character, or group thereof, that is neither backed by, incorporated in or otherwise made part of any larger display area.

Any plot, parcel or parcels of land.

A development plan of one or more lots on which is shown:

All unconsolidated mineral and organic material of any origin that overlies bedrock and which can be readily excavated.

A governmental subdivision of this state, which encompasses this municipality, organized in accordance with the provisions of Chapter 24, Title 4, N.J.S.A. 4:24-1 et seq. (Freehold Soil Conservation District).

A temporary sign advertising coming events, civic or political activities or other similar functions. A special events sign shall not exceed the dimensions of 36 inches by 72 inches.

Temporary signs advertising special sales, including plastic or cloth flags, banners or similar advertising devices, provided they are hung only on the front facade of the building conducting the sale promotion.

Standards, requirements, rules and regulations:

A standby generator is a backup 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.

That portion of a building included between the surface of any floor and the surface of that next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. No story shall be deemed to be a first story if its floor level is more than six feet above the level from which the height of the building is measured. A mezzanine floor shall be counted as a story if it covers 1/3 of the area of the floor next above it. For the purpose of this chapter, a bi-level or split-level dwelling shall be considered a one-story structure.

That portion of a building in which the ceiling area, at a height of seven feet above the attic floor, is not more than 1/3 of the area of the next floor below.

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by N.J.S.A. 40:55D or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

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. On a street or highway shown on the adopted Master Plan of the Borough, the street line shall be considered to be the proposed right-of-way line for the street.

Any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.

The same as "alterations."

Any combination of materials forming any construction, the use of which requires location on the ground or attachment to something having location on the ground, and including, among other things, display stands; fences and walls; gasoline pumps; gates and gateposts; mobile dwellings; outdoor bins; pergolas; platforms; pools; porches; reviewing stands; sales stands; signs; stadiums; stagings; standpipes; tanks of any kind; tents; towers of any kind, including radio and television towers and antennas; trellises. The word "structure" shall be construed as though followed by the words "or part thereof." "Structure," for purposes of Ordinance No. 2009-22,[14] shall mean a walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.

The same as "building height."

The same as "efficiency apartment."

Any person or entity commencing proceedings under this chapter to effect the subdivision of land hereunder.

A Committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and having such further duties relating to land subdivision as may be conferred on this Committee by the Board.

A swimming pool other than a private swimming pool.

A swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and the pool is utilized with no admission charges and not for the purpose of profit.

The same as "swimming pool, commercial."

The same as "dwelling, townhouse."

A typed or printed verbatim record, or reproduction thereof, of the proceedings of the municipal agency.

The specific purposes for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

A sign giving only the name, business phone number, and new address of the former occupant.

Permission to depart from the literal requirements of zoning regulations pursuant to N.J.S.A. 40:55D-40b, 40:55D-60, 40:55D-70c and 40:55D-70d.[16]

A multilevel structure constructed for use as a facility for vehicular parking or storage. The levels can be above or below grade, or both, but shall not exceed the maximum height limitation for the district in which it is located.

Any sign which is affixed to an exterior wall of any building, not projecting more than one foot beyond the building wall.

A sign limited to messages of warning, danger, caution, or no trespassing.

A sign which is part of or affixed or attached to the interior or exterior of a window or otherwise part of a window and located within 18 inches of the interior of the window and which can be seen from a public street or public parking facility.

An open space which lies between a principal building or building group for the full length of the lot and the nearest lot line. A yard is to be unoccupied and unobstructed from the ground upward, except as herein permitted. All yards will be identified as either a front yard, side yard or rear yard.

A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building. The depth of the front yard shall be measured at right angles to the front line of the lot.

A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. The depth of a rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth.

An open, unoccupied space between the sideline of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot line, as the case may be. The width of a side yard shall be measured at right angles to the sideline of the lot.

The official of the Borough of Red Bank designated to enforce the provisions of this chapter. The Zoning Officer shall also be the administrative officer in matters pertaining to issuance of permits and enforcement.

The same as "development permit."