ACCESSORY USE OR BUILDING - Shall mean 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 floor area in excess of 700 square feet or a building containing living space shall never be considered an accessory building (see subsection 13-5.8).

ADMINISTRATIVE OFFICER - Shall mean the borough clerk for all matters before the borough council, the planning board secretary for all matters involving the planning board, the secretary of the board of adjustment for all matters involving the board of adjustment and the zoning officer for matters pertaining to issuance of permits or enforcement of this chapter. In the event that any matter subject to this chapter is not before the borough council, planning board or board of adjustment or zoning officer, the administrative officer shall be the borough clerk.

ALTERATIONS - Shall mean as applied to a building or structure, 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.

APARTMENT - Shall mean the same as "Dwelling Unit."

APPLICANT - Shall mean a developer submitting an application for development.

APPLICATION FOR DEVELOPMENT - Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40: 55D-34 or 40: 55D-36.

APPROVING AUTHORITY - Shall mean 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.

APPLIED LETTERS - Shall mean a type of wall sign utilizing letters or a logo individually mounted on the facade of the structure to form the sign message.

AREA IDENTIFICATION SIGN - Shall mean a sign to identify a common area containing a group of structures, or a single structure, such as a residential subdivision, apartment complex, industrial park, or shopping center, located at the entrance or entrances of the area. Such signs may or may not consist of a fence or wall or archway with letters or symbols affixed thereto.

AUTOMOBILE SERVICE STATION - Shall mean the same as "Motor Vehicle Service Station."

AWNINGS AND CANOPIES - Shall mean roof-like coverings extending over a walkway, sidewalk or exterior place, supported by a frame attached to the building and/or ground with a surface made of fabric or a more rigid material, such as plastic or metal, and either retractable against the building or fixed in place.

BANNER - Shall mean any sign printed or displayed upon cloth or other flexible material, with or without frames. National flags, state or municipal flags or the official flag or any not-for-profit institution shall not be considered banners for the purposes of this chapter.

BASEMENT - Shall mean a story partly underground and having more than one-half of its height above the average level of the finished grade at the front of the building.

BILLBOARD OR OUTDOOR ADVERTISING SIGN - Shall mean a sign, which directs attention to a business, industry, profession, commodity, service or entertainment not necessarily, sold or offered upon the premises where the sign is located.

BOARD OF ADJUSTMENT - Shall mean 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.

BOARD OF ADJUSTMENT ENGINEER - Shall mean 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.

BUILDING - Shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.

BUILDABLE AREA - Shall mean that central portion of any lot between required yards and/or setback lines.

BUILDING AREA - Shall mean the total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory building, 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.

BUILDING HEIGHT - Shall mean the vertical distance measured to the collar tie of a building or to the bottom of the rafters for a flat roof (subject to the exceptions listed in subsection 13-5.12) from the average elevation of the original lot grade or any revised lot grade shown on a site plan, subdivision plan, or plot plan approved by the borough engineer. Such revised lot grade shall not include mounding, terracing, or other devices designed to allow increased building height. Building height for all structures located in the area of special flood hazard as set forth on the National Flood Insurance Rate Maps (FIRM) and/ or Preliminary Flood Insurance Rate Maps (PFIRM) shall be measured from the base flood elevation, the advisory base flood elevations or the preliminary base flood elevation, whichever is greater. The height of accessory structures shall be measured to the peak of the structure.

BUILDING LINE (SETBACK LINE) - Shall mean the line beyond which a building shall not extend unless otherwise provided in this chapter.

BUILDING PERMIT - Shall mean a permit issued for the alteration or erection of a building or structure in accordance with the provisions of the New Jersey Uniform Construction Code.

BUILDING, PRINCIPAL - Shall mean 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.

CAPITAL IMPROVEMENT - Shall mean a governmental acquisition of real property or major construction project.

CAMPER - Shall mean any self-propelled vehicle with an on board engine, also called a recreational vehicle or RV, whether used for living, recreational or business purposes.

CARPORT - Shall mean an attached or detached accessory building designed for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns and of an area between the columns not to exceed 200 square feet.

CELLAR - Shall mean a story wholly or partly underground and having more than one-half of its clear height below the average level of the adjoining ground.

CERTIFICATE OF COMPLETENESS - Shall mean 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.

CERTIFICATE OF OCCUPANCY shall mean a certificate issued upon completion of construction and/or alteration of any building, or change in occupancy of a commercial or industrial building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments granted by the board of adjustment or planning board and/or all other applicable requirements.

CHURCH - Shall mean 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, convents and such accessory uses.

CIRCULATION - Shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.

CODE ENFORCEMENT OFFICER/PUBLIC OFFICER - Shall mean the person appointed by the mayor and council and empowered to enforce all codes and ordinances of the borough of Union Beach, unless said power is specifically reserved for another designated officer of the borough, by provisions of the law. He shall also serve as "public officer" as defined by Section 10-2[1], and all the supplements and amendments thereto.

COLLAR TIE - Shall mean the board connecting or bracing together pairs of rafters above the plate line.

COMMON OPEN SPACE - Shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED - Shall mean any community residential facility licensed pursuant to N.J.S.A. 30: 11B-1 et seq. providing food, shelter and personal guidance under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include but not be limited to: group houses, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Law," N.J.S.A. 26: 2H-1 et seq. In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the division of mental health and hospitals of the department of human services.

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE - Shall mean any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the New Jersey Department of Human Services pursuant to N.J.S.A. 30:40-1-14 providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

COMPLETE APPLICATION - Shall mean an application for development which complies in all respects to the appropriate submission requirements set forth in this chapter.

CONDITIONAL USE - Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization by the planning board.

CONSTRUCTION OFFICIAL/BUILDING INSPECTOR - Shall mean the person defined in the Uniform Construction Code who is appointed by the mayor and council to enforce the provisions of the code, and all other applicable laws related thereto.

CORNER LOT - Shall mean a lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. The minimum lot width and the minimum lot depth shall be met at each abutting street.

COUNTY MASTER PLAN - Shall mean 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 R.S. 40: 27-2 and R.S. 40: 27-4.

COUNTY PLANNING BOARD - Shall mean the planning board of the County of Monmouth.

COVERAGE - Shall mean the same as "Lot Coverage."

CURB LEVEL - Shall mean the officially established grade of the curb in front of the midpoint of the front lot line.

DAYS - Shall mean calendar days.

DENSITY - Shall mean the permitted number of dwelling units per gross area of land to be developed (see "Residential Density-Gross").

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

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

DEVELOPMENTALLY DISABLED PERSON - Shall mean 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. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.

DEVELOPMENT PERMIT - Shall mean a document signed by the administrative officer (1) which is required by ordinance 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 (2) which acknowledges that such use, structure or building complies with the provisions of this chapter or variance duly authorized by a municipal agency.

DEVELOPMENT REGULATION - Shall mean 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.

DISTRICT - Shall mean any part of the territory of the borough, which is designated on the accompanying zoning map and to which certain uniform regulations and requirements of this chapter apply.

DIVISION - Shall mean the Division of State and Regional Planning in the New Jersey Department of Community Affairs.

DRAINAGE - Shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical to lessen 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.

DRAINAGE RIGHT-OF-WAY - Shall mean the lands required for the installation of storm water 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.

DWELLING - Shall mean any building or portion designed or used exclusively for one or more dwelling units.

DWELLING UNIT - Shall mean a building or part having cooking, sleeping and sanitary facilities designed for, 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.

DWELLING, SINGLE FAMILY - Shall mean a building designed for or containing one dwelling unit.

DWELLING, MULTI-FAMILY - Shall mean 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.

DWELLING, TOWNHOUSE - Shall mean a building 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.

EASEMENT - Shall mean the right of the borough, county, state, sewerage authority or other public or quasipublic 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.

EROSION - Shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.

ESSENTIAL SERVICES - Shall mean underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables; and including normal above ground 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.

EXEMPT DEVELOPMENT - Shall mean that site plan and/or subdivision approval shall not be required for the following:

FAMILY - Shall mean 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.

FENCE- Shall mean an artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.

FENCE, OPEN - Shall mean a fence in which one-half of the area, between grade level and the top cross member (wire, wood or other material), is open.

FINAL APPROVAL - Shall mean 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 their completion, or approval conditioned upon the posting of such guarantees.

FINAL PLAT - Shall mean 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.

FLOOR AREA - Shall mean the sum of the gross horizontal areas of the floor or several floors of a building measured between the inside faces of exterior walls, or from the centerline of walls common to two dwelling units or uses. For nonresidential uses, floor areas shall include basements, cellars and storage areas.

FLOOR AREA RATIO - Shall mean the sum of the area of all floors of buildings or structures compared to the total area of the site.

FOOD SERVICE - Shall mean establishments that provide food services at institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these type of organizations for a specified period of time. The establishments of this industry provide food services for the convenience of the contracting organization or the contracting organization's customers. The contractual arrangement of these establishments with contracting organizations may vary from type of facility operated (e.g., cafeteria, restaurant, fast-food eating place), revenue sharing, cost structure, to providing personnel.

FREESTANDING OR GROUND SIGN - Shall mean any sign supported by permanent structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.

FRONT BUILDING FACE/FACADE - Shall mean the total wall surface, including door and window area, of a building's principal face. A mansard roof shall be considered as part of the facade.

GARAGE - Shall mean 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.

GAS STATION - Shall mean the same as "Motor Vehicle Service Station."

GRADE, FINISHED - Shall mean 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.

GROSS FLOOR AREA - Shall mean the same as "floor area."

GROSS HABITABLE FLOOR AREA - Shall mean 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 centerline of walls separating two dwelling units, having a clear height from finished floor to finished ceiling of not less than 7 1/2 feet, except that in attics and top half stories the height shall be not less than 7 1/3 feet over not less than one-third the area of the floor when used for sleeping, study or similar activity, but not including any unfinished cellar or basement, or any garage space, breezeway, interior patios, enclosed porches or accessory building space.

HISTORIC SITE - Shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of the Borough of Union Beach, of Monmouth County, the State of New Jersey or the Nation and has been so designated pursuant to N.J.S.A. 40:55D-1 et seq.

HOME OCCUPATION - Shall mean any gainful employment, or occupation, of one or more members of the resident family, which shall constitute, either entirely or partly, the means of livelihood of such member or members, and which shall be conducted in clearly secondary or accessory use to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure, or in a secondary building, which is accessory to such principal structure. Home occupations may include, but are not limited to, such activities as dressmaking, millinery, watchmaking, electrical, radio repair and carpentry. The retail sale of goods or services in structures designed or altered to make such activities the primary use of the site shall not be construed to be a home occupation.

HOME PROFESSIONAL OFFICE - Shall mean any professional use conducted entirely within the dwelling or accessory building to the dwelling which is the bonafide residence of the practitioner. The restrictions as outlined under home occupations shall apply.

HOTEL - Shall mean a building designed for occupancy as the temporary residence for individuals who are lodged, with or without meals, and in which no provision shall be made for cooking in any individual room or suite.

IMPROVED STREET - Shall mean a street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been accepted and maintained by the borough.

INTERESTED PARTY - Shall mean in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter and/or pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. or whose rights to use, acquire, or enjoy property under the provisions of N.J.S.A. 40:55D-1 et seq., or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.

INTERIOR OR INSIDE LOT - Shall mean a lot bounded by a street on one side only.

INTERIOR STREET OR ROAD - Shall mean a street or road that is developed wholly within a parcel under one ownership and meeting all borough standards.

LAND - Shall mean and include improvements and fixtures on, above or below the surface.

LIGHT MANUFACTURING - Shall mean 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.

LOADING SPACE - Shall mean an off-street space for the temporary parking of a commercial vehicle while loading or unloading. Such space must have clear means of ingress and egress to a public street at all times.

LOT - Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA - Shall mean 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.

LOT COVERAGE - Shall mean the area of a lot covered by buildings and structures and expressed as a percentage of the total lot area.

LOT DEPTH - Shall mean the mean horizontal distance between the front lot line and the rear lot line as measured from the midpoint of the front and rear lot lines.

LOT FRONTAGE - Shall mean the horizontal distance of lot lines or portions thereof which are coextensive or closely parallel with a street line of an improved paved street. In the case of a street of undefined width, said lot lines shall be assumed to parallel the centerline of the street at a distance of 50% of the statutory street right-of-way width.

LOT LINE - Shall mean any line designating the extent or boundary of a lot which shall further be defined as follows:

LOT WIDTH - Shall mean the mean horizontal distance between side lot lines, but in no case shall the front line be less than 50 feet.

MAINTENANCE GUARANTEE - Shall mean any security other than cash which may be accepted by the borough for the maintenance of any improvements required by the development regulations.

MAJOR SUBDIVISION - Shall mean any subdivision not classified as a minor subdivision.

MANUFACTURING - Shall mean 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.

MARINA - Shall mean 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.

MARQUEE SIGN - Shall mean a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building and supported in part from the ground, generally designed and constructed to provide protection to the weather.

MASTER PLAN - Shall mean a composite of one or more written or graphic proposals for the development of the borough as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.

MINOR SUBDIVISION - Shall mean any subdivision of land that does not involve the creation of more than three lots fronting on an existing improved street and does not involve a planned development, any new street or road provided that the planning board unanimously finds that the following conditions have been met:

MOTOR VEHICLE SERVICE STATION - Shall mean any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories and which may include facilities for lubricating, or servicing of motor vehicles, except that auto body work of any nature and retail sales unrelated to motor vehicle uses shall be prohibited.

MUNICIPAL AGENCY - Shall mean the planning board or board of adjustment or governing body of the borough when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.

NONCONFORMING LOT - Shall mean a lot the area, dimension or location of which was lawful prior to adoption, revision or amendment to this chapter, but fails to conform to the requirements of the zone district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING SIGN - Shall mean any sign that does not conform to the requirements of this chapter.

NONCONFORMING STRUCTURE - Shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, 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.

NONCONFORMING USE - Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of this chapter, 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.

NONPOINT SOURCE POLLUTION - Shall mean pollution from any source other than from any discernible, confined, and discrete conveyance, and shall include but not be limited to, pollutants from agricultural, silvacultural, mining, construction, subsurface disposal and urban runoff sources.

OCCUPANCY - Shall mean the specific purpose for which land or a building is used, designed or maintained.

OCCUPANCY PERMIT - Shall mean the same as "certificate of occupancy."

OFFICIAL COUNTY MAP - Shall mean 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.

OFFICIAL MAP - Shall mean a map adopted by ordinance by the borough council pursuant to N.J.S.A. 40:55D-32 et seq.

OFFICE ADMINISTRATIVE SERVICES - This industry comprises establishments primarily engaged in providing a range of day-to-day office administrative services, such as financial planning; billing and recordkeeping; personnel; and physical distribution and logistics for others on a contract or fee basis. These establishments do not provide operating staff to carry out the complete operations of a business.

OFF-SITE - Shall mean 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 contiguous portion of a street or right-of-way.

OFF-TRACT - Shall mean 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.

ON-SITE - Shall mean located on the lot in question.

ON-TRACT - Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE - Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use of enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

OPEN SPACE, UNOCCUPIED - Shall mean 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 pedestrian ways within an unoccupied open space area, which exceed four feet in width, shall be deducted in determining the unoccupied open space area. Parking area or traffic channelization islands which are not landscaped or which have an area less than 350 square feet shall not be considered as unoccupied open space.

PARKING AREA, PRIVATE - Shall mean an open area, other than street, intended for the same use as a garage.

PARKING AREA, PUBLIC - Shall mean a paved open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation of clients or customers.

PARKING SPACE - Shall mean an off-street space provided for the parking of a motor vehicle with a minimum area of 200 square feet, exclusive of driveways or access drives.

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

PERFORMANCE GUARANTEE - Shall mean any security, which may be accepted by the borough including cash; providing that the borough shall not require more than 10% of the total performance guarantee in cash.

PLANNING BOARD - Shall mean the Borough of Union Beach 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. 50:55D-76.

PLANNING BOARD ENGINEER - Shall mean 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.

PLAT - Shall mean a map or maps of a subdivision or site plan.

PMS COLOR SAMPLES - Shall mean the Pantone Matching System, a set of standard colors with each color designated by a number.

PRELIMINARY APPROVAL - Shall mean the conferral of certain rights pursuant to N.J.S.A. 40: 55-46, 48 and 49 prior to final approval after specific elements of a development plan have been agreed upon by the planning board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS - Shall mean 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.

PREMISES - Shall mean a lot or tract of land or any combination thereof held under a single ownership or control.

PRIMARY OR PRINCIPAL USE - Shall mean the primary or principal purpose for which a building, structure or lot is used.

PRIVATE BEACH CLUB - Shall mean a primarily recreational use such as swimming pools, tennis courts or ocean beach and also occupying a building of at least 3,000 square feet of floor area. Use of the facility shall be on ownership or on an annual membership basis, and no living quarters except for employees shall be provided.

PROFESSIONAL SCIENTIFIC AND TECHNICAL SERVICE - Shall mean and include establishments that specialize in performing professional, scientific, and technical activities for others. The establishments in this sector specialize according to expertise and provide the services to clients in a variety of industries and, in some cases, to households. Activities performed include: legal advice and representation; accounting, bookkeeping, and payroll services; architectural, engineering, and specialized design services; computer services; consulting services; research services; advertising services; photographic services; translation and interpretation services; veterinary services; and other professional, scientific, and technical services.

PROFESSIONAL USE - Shall mean the offices of a dentist, doctor, attorney, accountant, engineer or architect. Where such offices are part of a structure where there are residences, the restrictions as outlined under "Home occupations" shall apply.

PROHIBITED USE - Shall mean 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.

PROJECTING SIGN - Shall mean any sign affixed to a building or wall in such a manner that its leading edge extends more than one foot beyond the surface of such building or wall.

PUBLIC AREAS - Shall mean (i) public parks, playgrounds, trails, paths and other recreational areas; (ii) other public open spaces; (iii) scenic and historic sites; and (iv) sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL - Shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGE WAY - Shall mean the land reserved or dedicated for the installation of storm water 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.

PUBLIC OPEN SPACE - Shall mean 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.

PUBLIC SERVICE INFRASTRUCTURE - Shall mean sewer service, gas, electricity, water, telephone, cable television, and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity.

QUONSET - Shall mean a permanent or temporary building, consisting of any combination of materials which form a rigid construction having a semicircular arching roof or a peaked roof, including a large tent or tent-like structure.

QUORUM - Shall mean the majority of the full authorized membership of a municipal agency.

RESIDENTIAL DENSITY, GROSS - Shall mean 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.

RESIDENTIAL DENSITY, NET - Shall mean 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.

RESUBDIVISION - Shall mean (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or by other instrument.

RETAINING WALL - Shall mean 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.

SANDWICH SIGN - Shall mean an A-shaped temporary and easily movable ground sign, usually two-sided used for advertising commodities, services or entertainment usually conducted upon the premises where the sign is located.

SCREENING - Shall mean any concentration or grouping of trees or shrubbery as may be required by this chapter.

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

SEDIMENTATION - Shall mean the transport and depositing of solid material by water.

SEDIMENT BASIN - Shall mean a barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials.

SERVICE ACCESS - Shall mean 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.

SECONDARY USE - Shall mean the same as "Accessory Use."

(Reserved)

SETBACK - Shall mean 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.

SETBACK LINE (BUILDING LINE) - Shall mean the line beyond which a building or structure shall not extend unless otherwise provided in this chapter, except that a second story or higher story may have an overhang or cantilever which extends for a distance of not more than one foot into the required setback, and the structures described in subsection 13-5.5(c), which may extend for a distance of not more than two feet into the required setback.

SIGN - Shall mean a structure, building wall or other outdoor surface, or any device used for visual communications in order to bring the subject thereof to the attention of the public, and/or to display, identify and/or publicize the name, location and/or products or service of any person.

SIGN AREA - Shall mean the area defined by the outside edge of the frame surrounding the sign or by the edge of the sign if no frame exists. Where no frame or edge exists, the area shall be defined by a projected enclosed four-sided (straight lines) geometric shape which most closely outlines the sign.

SITE PLAN - Shall mean a development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways, (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the planning board adopted pursuant to N.J.S.A. 40:55D-1 et seq.

STANDARDS OF PERFORMANCE - Shall mean standards (i) adopted by ordinance pursuant to N.J.S.A. 40:55-D65d regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and unflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such similar matters as may be reasonably required by the borough or (ii) required by applicable federal or state laws or borough ordinances.

STORY - Shall mean 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 over one-third the area of the floor next below it. For the purpose of this chapter, a bi-level or split-level dwelling shall be considered a one-story structure.

STORY, HALF - Shall mean that portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half-story. A basement shall also be included as a half-story.

STREET - Shall mean a right-of-way which is open to public travel and which has been accepted for use and maintenance by the State of New Jersey, County of Monmouth or the Borough of Union Beach.

STREET LINE - Shall mean that line determining the limit of the highway rights of the public, either existing or contemplated.

STRUCTURE - Shall mean any 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, including paved driveways, unroofed decks, porches, balconies or other extensions of buildings whether the flooring thereof permits the passage of rain or water runoff or not, but shall not include ground covers of gravel, stone, wood chips or other substances easily permeable by rain and other surface water.

STRUCTURAL ALTERATIONS - Shall mean the same as "alterations."

SUBDIVIDER - Shall mean any person or entity commencing proceedings under this chapter to effect the subdivision of land hereunder.

SUBDIVISION - Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created: (i) divisions of land found by the planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size, (ii) divisions of property by testamentary or intestate provisions, (iii) division of property upon court order, including but not limited to judgments of foreclosure, (iv) consolidation of existing lots by deed or other recorded instrument and (v) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."

SWIMMING POOL, COMMERCIAL - Shall mean a swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service rendered by a hotel, motel or apartment development whose units are rented to transient or permanent residents.

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

TEMPORARY SIGN - Shall mean any sign that is used only temporarily and is not permanently mounted.

TRAILER - Shall mean any structure or vehicle originally designed to be transported on integral wheels including lunch wagons, camping trailers, storage trailers, or other similar vehicles or structures whether used for living, recreational or business purposes.

TRANSCRIPT - Shall mean a typed or printed verbatim record of the proceedings before the municipal agency or a reproduction thereof.

VARIANCE - Shall mean permission to depart from the literal requirements of the Land Use and Development Regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, 70c, 70d.

USE - Shall mean 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.

WALL SIGN - Shall mean any sign attached to any part of a building, as contrasted to a freestanding sign.

WINDOW SIGN - Shall mean a sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.

YARD - Shall mean an open unoccupied space, on the same lot with a building and unobstructed from the ground to the sky.

YARD, FRONT - Shall mean a yard extending the full width of the lot and not less in depth than the minimum distance required between the street line and the front yard building setback in each district.

YARD, REAR - Shall mean a yard extending the full width of the lot between the extreme rear line of the principal building and the rear lot line.

YARD, SIDE - Shall mean a yard between the principal building or attached structure and the adjacent side line of the lot and extending from the front yard to the rear yard.

ZONE - Shall mean the same as "District," or "Zone District."

ZONING OFFICER - Shall mean the official of the Borough of Union Beach 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.