Wherever a term which is defined in N.J.S.A. 40:55D-1 et seq. and/or the New Jersey State Uniform Construction Code is used in this Article, such term is intended to include and have the meaning set forth in the definition of such term found in said statute in addition to the definition for such term which may be included in this Article, unless the context clearly indicates a different meaning.
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
Words used in the present tense include the future; the singular number includes the plural and the plural, the singular; the word "lot" includes the word "plot;" the word "building" includes the word "structure;" the word "zone" includes the word "district;" the word "occupied" includes the word "designed" and the phrase "intended to be occupied;" the word "use" includes the words "arranged," "designed," and the phrase "intended to be used;" and the word "shall" is mandatory and not directory; and the word "abut" shall include the words "directly across from," "adjacent" and "next to."
The term "such as," where used herein, shall be considered as introducing typical or illustrative, rather than an entirely exclusive or inclusive designation of permitted or prohibited uses, activities, establishments or structures.
Certain words, phrases and terms in this chapter are defined for the purpose herein as follows:
ACCESSORY USE, BUILDING, OR STRUCTURE
A subordinate use, building, or structure, the purpose of which is incidental to that of a main use, building, or structure on the same lot, except that any building or structure with a floor area in excess of 900 square feet or a building or structure containing living space shall never be considered an accessory (See Subsection 30-5.8).
[Amended 9-19-2023 by Ord. No. O-08-23]
ADMINISTRATIVE OFFICER
The Borough Clerk for all matters before the Board of Commissioners, the Planning Board Secretary for all matters involving the Planning Board and 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 Board of Commissioners, Planning Board or Board of Adjustment or Zoning Officer, the Administrative Officer shall be the Borough Clerk. [10/16/1984, 6/13/1995]
ALTERATIONS 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
The same as "Dwelling Unit."
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
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
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. [10/16/1984]
AUTOMOBILE SERVICE STATION
The same as "Motor Vehicle Service Station."
BASEMENT
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.
BOARD OF ADJUSTMENT
The Monmouth Beach Planning Board established pursuant to N.J.S.A. 40:55D-25c. 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. [6/12/1979, 6/13/1995]
BOROUGH
The Borough of Monmouth Beach.
BUILDABLE AREA
That central portion of any lot between required yards and/or setback lines.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof. [10/16/1984]
BUILDING AREA
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.
BUILDING HEIGHT
The vertical distance as measured by the crown of the road of the improved street on which it fronts at the mid-point of the lot. The building height shall not exceed 35 feet except in those instances where structures, in areas of special flood hazard, have the lowest floor 36 inches above the base flood elevation as defined in Chapter 22. In those instances, the maximum building height may be increased by three feet.
[5/13/1980; Ord. No. O-03-2001, 1/9/2001; Ord. No. O-11-13; amended 9-19-2023 by Ord. No. O-08-23]
BUILDING LINE (SETBACK LINE)
The line beyond which a building shall not extend unless otherwise provided in this chapter.
BUILDING PERMIT
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
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.
CABLE TELEVISION COMPANY
A cable television company as defined pursuant to N.J.S.A. 48:5A-3, Public Utilities Law. [8/9/1994]
CAPITAL IMPROVEMENT
A governmental acquisition of real property or major construction project. [10/16/1984]
CARPORT
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
A story wholly or partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground.
CERTIFICATE OF COMPLETENESS
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
A certificate issued upon completion of construction and/or alteration of any building, or change in occupancy of a commercial or industrial building. This 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.
CHILD CARE CENTER
A facility for which a license from the New Jersey Department of Human Services pursuant to N.J.S.A. 30:5B-1 et seq. is required. [8/9/1994]
CHURCH
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
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
COMMON OPEN SPACE
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
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, half-way houses, intermediate care facilities, supervised apartment living arrangements and hotels. 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. [10/16/1984]
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for 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. [10/16/1984]
COMPLETE APPLICATION
An application for development which complies in all respects to the appropriate submission requirements set forth in this chapter.
CONDITIONAL USE
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 Planning Board.
CONVENTIONAL
Development other than planned development. [7/26/1988]
CORNER LOT
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. The minimum yard requirements shall be as set forth in Section 30-5.6.
[Amended 11-22-2016 by Ord. No. O-15-2016]
COUNTY MASTER PLAN
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.
COUNTY PLANNING BOARD
The Planning Board of the County of Monmouth.
COVERAGE
The same as "Lot Coverage."
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the front lot line.
DAYS
Calendar days.
DENSITY
Dwelling units per gross acre of land to be developed (see "Residential Density-Gross"). [10/16/1984]
DEVELOPER
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.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.
DEVELOPMENT PERMIT
A document signed by the Administrative Officer 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 therefrom duly authorized by a Municipal Agency.
DEVELOPMENT REGULATION
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.
DEVELOPMENTALLY DISABLED PERSON
A person who is developmentally disabled as defined in N.J.S.A. 30:11B-2, and Mentally Ill Person shall mean 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. [10/16/1984]
DISTRICT
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
The Division of State and Regional Planning in the New Jersey Department of Community Affairs.
DRAINAGE
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. [10/16/1984]
DRAINAGE RIGHT-OF-WAY
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.
DWELLING
Any building or portion thereof designed or used exclusively for one or more dwelling units.
DWELLING UNIT
A building or part thereof 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, APARTMENT
A building designed for, or containing six 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, SINGLE-FAMILY
A building designed for or containing one dwelling unit.
EASEMENT
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.
ENVIRONMENTAL COMMISSION
The Monmouth Beach Environmental Commission, a municipal advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
ESSENTIAL SERVICES
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
That site plan and/or subdivision approval shall not be required for the following:
a. 
Construction, additions or alterations related to single family detached dwellings on individual lots.
b. 
Interior alterations which do not increase the required number of off-street parking spaces.
c. 
Any change of use of land or structure to a use for which the standards of this chapter are the same or less restrictive or stringent.
d. 
Any increase in the total number of employees, number of employees in any shift, or the number of vehicles to be stored or parked on the site not exceeding 25% of the amount existing at the time of passage of this chapter* or as set forth at the time of a previous site plan approval.
e. 
Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site.
f. 
The construction, alteration of, or addition to any off-street parking area which provides an increase of five or less vehicle parking spaces.
g. 
Divisions of property and conveyances so as to combine existing lots which are not considered to be subdivisions in accordance with the definition of "Subdivision" contained within this Article.
FAMILY
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
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
FENCE, OPEN
A fence in which 2/3 of the area between grade level and the top cross member (wire, wood or other material), is open.
FINAL APPROVAL
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
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.
FLAG LOTS
Shall not be permitted in the Borough of Monmouth Beach. Flag Lots are generally defined as a lot created which result in back-to-back lots with common frontage where the lot furthest from the public street is accessed by easement or fee simple which access is less than the permitted lot frontage and whose configuration resembles a "flag."
[Ord. No. O-51-05; 6-28-05]
FLOOR AREA
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 center line of walls common to two dwelling units or uses. For nonresidential uses, floor areas shall include basements, cellars and storage areas.
FLOOR AREA, LIVABLE
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.
FREESTANDING SIGN
Any sign supported by uprights or braces placed upon the ground and not attached to any building.
GARAGE
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
The same as Motor Vehicle Service Station.
GOVERNING BODY
The Board of Commissioners of the Borough of Monmouth Beach.
GRADE, FINISHED
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
The same as Floor Area.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites. [7/26/1988]
HISTORIC SITE
Any real property, manmade 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. [7/26/1988]
HYBRID SYSTEM
An energy system that uses more than one technology to produce energy or work (i.e. wind/solar system).
[Ord. No. O-55-11 § 1]
IMPROVED STREET
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 of Monmouth Beach, Monmouth County or the State of New Jersey.
INTERESTED PARTY
(a) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and (b) in the case of a civil proceeding in any court or in an administrative proceeding before a Municipal Agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter 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
A lot bounded by a street on one side only.
INTERIOR STREET OR ROAD
A street or road that is developed wholly within a parcel under one ownership and meeting all Borough standards.
kW
Kilowatt.
LAND
Include improvements and fixtures on, above or below the surface.
LOADING SPACE
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.
LOCAL UTILITY
Any sewage authority created pursuant to the "Sewage Authorities Law," N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant to the "Municipal and County Utilities Authority Law," N.J.S.A. 40:14B-1 et seq.; or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Public Utility Commissioners under N.J.S.A. 48:1 et seq. that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof. [8/9/191994]
LOT
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.[1]
LOT AREA
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. Portions of lots which do not meet 75% of the minimum lot width requirement in the Schedule of Limitations shall not be included to calculate lot area. [7/26/1988]
LOT COVERAGE
The area of a lot covered by buildings and structures and expressed as a percentage of the total lot area. The total lot coverage shall be inclusive of all pervious and impervious structures but shall be exclusive of:
[Amended 6-26-2018 by Ord. No. O-12-18; 9-19-2023 by Ord. No. O-08-23]
a. 
The water surface area of a swimming pool.
b. 
Areas with grass or other vegetative cover that are used for landscaping.
c. 
Decks that: 1) are located above grade; 2) have grass or other vegetative cover or organic mulch or other pervious material under their surface; 3) have gaps between decking; and 4) comply with all setback requirements applicable to principal buildings within the prevailing zone district unless otherwise exempted by this chapter. Decks constructed of interlocked planks shall be considered as an impervious surface.
d. 
Areas covered by gravel or loose stone that are not located within driveways, sidewalks, or similar walkways.
e. 
Elevated air-conditioner condensers and other mechanical equipment that: 1) are mounted on the building; 2) do not project more than four feet from the building; and 3) have grass or other vegetative cover under the units or platforms.
f. 
Platforms associated with air-conditioner condensers or generators that: 1) are located above grade; 2) have grass or other vegetative cover or organic mulch material under their surface; 3) have gaps between decking or other material forming the surface upon which air-conditioner condensers or generators are mounted; and 4) comply with all setback requirements applicable to principal buildings within the prevailing zone district unless otherwise exempted by this ordinance.
LOT DEPTH
The shortest distance between the front lot line and a line drawn perpendicular to the front lot line through the mid-point of the rear lot line, provided that, in triangular or odd shaped lots having no rear lot line, the distance shall be measured to the mid-point 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. [7/26/1988]
LOT FRONTAGE
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, said lot lines shall be assumed to parallel the center line of the street at a distance of 50% of the statutory street right-of-way width therefrom.
LOT LINE
Any line designating the extent or boundary of a lot, which shall further be defined as follows:
[Amended 11-22-2016 by Ord. No. O-15-2016]
a. 
FRONT LOT LINEA lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
b. 
REAR LOT LINEThe lot line most distant and generally opposite and parallel to the front lot line, except for corner lots, which shall conform to Section 30-5.6C, D and E.
c. 
SIDE LOT LINEAny lot line other than a front or rear lot line. (See, however, Section 30-5.6C, D, and E, which shall control with regard to corner lots.
LOT WIDTH
The mean horizontal distance between the side lot lines measured at right angles to its depth at the building line. In no case, shall the width of the lot at the street line be less than 75% of the required minimum lot width. [7/26/1988]
MAINTENANCE GUARANTEE
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. [8/9/1994]
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MARINA
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.
MASTER PLAN
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.
MAYOR
The Mayor of the Borough of Monmouth Beach.
METEOROLOGICAL TOWER or MET TOWER
A structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
[Ord. No. O-55-11 § 1]
MINOR SUBDIVISION
Any subdivision resulting in not more than two lots plus the remainder of the original lot, all lots fronting on an existing improved street and not involving any new street or road provided that the Planning Board unanimously finds that the following conditions have been met:
a. 
That curbs and sidewalks have been installed or that the developer agrees to install and post-performance guarantees for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area.
b. 
That the subdivision does not require the extension of municipal facilities at the expense of the municipality.
c. 
That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.
d. 
That the subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.
e. 
That the subdivision is not in conflict with any provision or portion of the Master Plan, Official Map or this chapter.
f. 
That in the event a drainage fund has been established by the Borough or Monmouth County an assessment has been charged to the lots and has been paid.
g. 
That no portion of the lands involved have constituted a part of a minor subdivision within two years preceding the application.
The Planning Board may also classify consolidations of lots and resubdivisions to readjust lot lines as "Minor Subdivisions" regardless of the number of lots involved.
MOTOR VEHICLE SERVICE STATION
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 retail sales unrelated to motor vehicle uses shall be prohibited.
MUNICIPAL AGENCY
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.
MUNICIPALITY
The Borough of Monmouth Beach.
NON-CONFORMING LOT
A lot the area, dimension or location of which was lawful prior to adoption, revision or amendment of 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. [10/16/1984]
NON-CONFORMING STRUCTURE
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. [10/16/1984]
NON-CONFORMING USE
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 zoning district in which it is located by reason of such adoption, revision or amendment. [10/16/1984]
NON-POINT SOURCE POLLUTION
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. [10/16/1984]
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
OCCUPANCY PERMIT
The same as Certificate of Occupancy.
OFF-SITE
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
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.
OFFICIAL COUNTY MAP
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
A map adopted by ordinance by the Board of Commissioners pursuant to N.J.S.A. 40:55D-32 et seq.
ON-SITE
Located on the lot in question.
ON-TRACT
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
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.
PARKING AREA, PRIVATE
An open area, other than a street, intended for the same use as a garage.
PARKING AREA, PUBLIC
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
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
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
Any security which may be accepted by the Board of Commissioners, 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. [8/9/1994]
PLANNING BOARD
The Borough of Monmouth Beach Planning Board established pursuant to N.J.S.A. 40:55D-23 and N.J.S.A. 40:55D-25. 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-70 and 40:55D-76. [6/12/1979, 6/13/1995]
PLANNING BOARD ENGINEER
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
A map or maps of a subdivision or site plan. [10/16/1984]
PRELIMINARY APPROVAL
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. [10/16/1984]
PRELIMINARY FLOOR PLANS AND ELEVATIONS
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
A lot or tract of land or any combination thereof held under a single ownership or control.
PRIMARY OR PRINCIPAL USE
The primary or principal purpose for which a building, structure or lot is used.
PRIVATE BEACH CLUB
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 OFFICE
An office in which a professional use is permitted. [12/11/1979]
PROFESSIONAL USE
The offices of a dentist, physician, attorney, accountant, engineer or architect. [12/11/1979]
PROHIBITED USE
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
Any sign which is affixed to any building wall or structure and extends more than one foot beyond the building wall.
PUBLIC AREAS
(1) public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures. [10/16/1984]
PUBLIC DEVELOPMENT PROPOSAL
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
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 assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution. [10/16/1984]
PUBLIC OPEN SPACE
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 UTILITY
Any public utility regulated by the Board of Public Utility Commissioners and defined pursuant to N.J.S.A. 48:2-13. [8/9/1994]
QUORUM
The majority of the full authorized membership of a Municipal Agency.
RESIDENTIAL DENSITY, GROSS
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
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
(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
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.
SCREENING
Any concentration or grouping of trees or shrubbery as may be required by this chapter. [10/16/1984]
SEDIMENT BASIN
A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials. [10/16/1984]
SEDIMENTATION
The transport and depositing of solid material by water. [10/16/1984]
SERVICE ACCESS
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.
SETBACK
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)
The line beyond which a building shall not extend unless otherwise provided in this chapter.
SHADE TREE COMMISSION
The Shade Tree Commission of the Borough of Monmouth Beach.
SIGN
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
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
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.
SMALL WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine, with or without a tower, and associated control or conversion electronics which has a rated capacity consistent with applicable provisions of the State Uniform Construction Code promulgated pursuant to the "State Uniform Construction Code Act, P.L. 1975, c.217 (N.J.S.A. 52:27D-119 et seq.) and the technical bulletins issued pursuant to Section 2 of P.L. 2009.c.244 (N.J.S.A. 40:55D-66.13), and which will be used primarily to generate electricity for on-site consumption.
[Ord. No. O-55-11 § 1]
SMALL WIND ENERGY SYSTEM HEIGHT
The vertical distance above grade of the tower plus the wind generator. The system height shall be measured to the tip of the wind generator blades when the blade tip is at the highest point.
[Ord. No. O-55-11 § 1]
SMALL WIND ENERGY TOWER HEIGHT
The vertical distance above grade of the fixed portion of the tower excluding the wind generator.
[Ord. No. O-55-11 § 1]
SOLAR ENERGY SYSTEM
A solar energy system and all associated equipment that converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
[Ord. No. O-55-11 § 1]
SOLAR PANELS
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
[Ord. No. O-55-11 § 1]
STANDARDS OF PERFORMANCE
Standards (1) adopted by ordinance pursuant to N.J.S.A. 40:55D-65d regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such similar matters as may be reasonably required by the Borough or (2) required by applicable Federal or State laws or Borough Ordinances. [10/16/1984]
STORY
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 1/3 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
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
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 Monmouth Beach.
[Ord. No. O-03-2001, 1/9/2001; Ord. No. O-51-05]
STREET LINE
That line determining the limit of the highway rights of the public, either existing or contemplated.
STRUCTURAL ALTERATIONS
The same as Alterations.
STRUCTURE
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. [10/16/1984]
SUBDIVIDER
Any person or entity commencing proceedings under this chapter to effect the subdivision of land hereunder.
SUBDIVISION
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 N.J.S.A. 40:55D-1 et seq., if no new streets are created: (1) 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; (2) divisions of property by testamentary or interstate provisions; (3) division of property upon court order, including but not limited to judgments of foreclosure; (4) consolidation of existing lots by deed or other recorded instrument; and (5) 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. [10/16/1984]
SWIMMING POOL, COMMERCIAL
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
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.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof. [10/16/1984]
USE
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.
VARIANCE
Permission to depart from the literal requirements of the Borough's Land Use and Development Regulations pursuant to N.J.S.A. 40:55D-40b, -70c, -70d [10/16/1984]
WALL SIGN
Any sign which is affixed to or painted on an exterior wall of any building, not projecting more than one foot beyond the building wall.
WIND GENERATOR
Equipment that convert energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
[Ord. No. O-55-11 § 1]
YARD
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 front yard, side yard or rear yard.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
An open, unoccupied space between the side line 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 lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
ZONE
The same as District, or Zone District. [10/16/1984]
ZONING OFFICER
The official of the Borough of Monmouth 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. [10/16/1984]
ZONING PERMIT
The same as Development Permit.
[1]
Editor's Note: Section 3 of Ord. No. O-51-05 provided as follows: "All lots existing of the effective date of this ordinance which lot or lots become non-conforming or non-permitted solely as a result of the provisions of this ordinance shall be deemed conforming and permitted and exempt from the application of these requirements."