[2000 Code § 30-15; Ord. No. 2735 § 1; Ord. No. 2777 § 1; Ord. No. 2831 § 1; Ord. No. 2851; amended 6-9-2021 by Ord. No. 2021-21; 11-8-2023 by Ord. No. 2023-34; 3-27-2024 by Ord. No. 2024-6]
For the purpose of this chapter, "lot" shall include "plot,"
and "building" shall include "structure," and "fence" shall include
"wall." Unless the context of use clearly indicates otherwise, the
term "shall," "will," and "must" indicate a mandatory requirement,
and the term "may" indicates a permissive action. The singular may
also mean the plural and person shall also mean other legal entities,
in proper context.
Shall mean a sign or sign structure whose owner has failed
to operate or maintain said sign or sign structure for a period of
six months or longer. The following conditions shall be considered
as the failure to operate or maintain a sign or sign structure.
Shall mean any existing or proposed County road or drainage
facility shown on the adopted County Master Plan, Highway Plan, or
Official Map, which adjoins or ties within a lot or parcel of land
submitted for subdivision or site plan approval.
Shall mean a building or use subordinate to and customarily
associated with or incidental to the principal building or use on
the same lot. When an accessory building is attached in a substantial
manner by a wall or roof to a principal building, it shall be considered
a part thereof.
Shall mean an additional dwelling unit that:
Is within a building and is incidental and subordinate to a
lawful/permitted principal building containing no more than two lawful/permitted
principal residential units and is on the same tax lot;
Is located on the same tax lot as a permitted principal building
containing a lawful/permitted principal residential use;
Has no cooking facilities, food preparation facilities, and
sanitary facilities in common with the principal use;
Has a separate unit entrance that is not shared with another
residence; and
May also be referred to as an accessory apartment, alley flat,
back house, backyard bungalow, carriage house, coach house, garage
apartment, granny flat, guest house or cottage, in-law suite, laneway
house, mother-daughter house, multigenerational house, ohana unit,
secondary dwelling unit, and/or sidekick, so long as the unit is compliant
with the provisions of this chapter and other relevant ordinances
of the City of Asbury Park.
Shall mean the City Planner/Zoning Inspector for the Planning
Board, and the City Planner/Zoning Inspector or Zoning Officer for
the Zoning Board of Adjustment.
Shall mean a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. An alley, as defined herein, shall not be considered a street for the purposes of compliance with paragraph e. of subsection 30-68.2.
Shall mean a change to the exterior or interior elements
of a building or structure so as to affect the amount or arrangement
of rooms, corridors and other spaces or to change the nature of their
use and/or a change to parking and loading areas and access thereto
which affects existing parking layout, circulation, drainage, building
arrangements, landscaping, buffering and/or lighting.
Shall mean an establishment which includes a combination
of rides, games of chance, coin-operated amusements and similar devices
arranged and intended to provide amusement.
Shall mean objects having special value because of their
age and craftsmanship.
Shall mean a developer submitting an application for development.
Shall mean an establishment that has more than 20% of its
publicly accessible floor area occupied by coin operated amusements
and similar devices; including video games, pinball machines, juke
boxes, pool tables or games of chance.
Shall mean and describe any business and any place of storage
or deposit which displays, or in or upon which there are displayed,
two (2) or more unregistered motor vehicles which are unfit for reconditioning
for use for highway transportation, or used parts of motor vehicles
or material which has been a part of a motor vehicle, the sum of which
parts or material are equal in bulk to two (2) or more motor vehicles.
Shall mean a business or person who for compensation engages
in repairing, restoring, removing, or installing integral component
parts of an engine, power train, chassis, or body of any vehicle.
Shall mean one (1) or more unregistered or disabled vehicles
which are stored in the open on private property and not being restored
to operating condition.
Shall mean the elevation of the finished grade at the center
of each facade of a building or structure divided by the total number
of facades.
Shall mean an uncovered platform, which is attached to a
building above the ground level, and which projects no more than four
(4) feet from the facade, including railings or architectural ornamentation.
Shall mean any sign or string of one or more signs, usually
made of fabric or other lightweight material, which is used to attract
attention, whether or not imprinted with words or characters, including
but not limited to balloons and pennants. This includes "feather banners".
Flags shall not be considered banners.
Shall mean any premises wherein alcoholic beverages are sold
at retail for consumption on the premises, exclusive of establishments
otherwise defined herein.
Shall mean the highest elevation, expressed in feet above
sea level, of the level of flood waters resulting from a one hundred
(100) year storm.
Shall mean a space having one-half (1/2) or more of its floor-to-ceiling
height above the average elevation of the adjoining ground and with
a floor-to-ceiling height of not less than seven feet. A basement
shall be counted as a story.
Shall mean any light with one (1) or more beams directed
into the atmosphere or directed at one (1) or more points not on the
same property as the light source; also, any light with one (1) or
more beams that rotate or move.
Means a private, single-family residence that is year-round
owner-occupied, which provides overnight lodging for no more than
twelve (12) transient guests and provides only breakfast for registered
guests each day. The rented rooms do not contain cooking facilities
and do not constitute separate dwelling units.
Shall mean an earthen mound planted with grass or other plant
material and used for screening one area from another.
Shall mean a sign structure and/or sign utilized for advertising
an establishment, an activity, a product, service or entertainment
which is sold, produced, manufactured, available or furnished at a
place other than on the property on which said sign structure and/or
sign is located.
Shall mean the Asbury Park Zoning Board of Adjustment.
Shall mean any building, together with any related structure,
accessory building, any land appurtenant thereto, and any part thereof,
which contains two (2) or more units of dwelling space arranged or
intended for single room occupancy, exclusive of any such unit occupied
by an owner or operator, and wherein personal or financial services
are provided to the residents, including any residential hotel or
congregate living arrangement, but excluding any hotel, motel, or
established guest house wherein a minimum of eighty-five (85%) percent
of the units of dwelling space are offered for limited tenure only.
Shall mean an establishment licensed to brew any malt alcoholic
beverages and in amounts in accordance with in accordance with the
State Alcoholic Beverage Law, and operated in conjunction with a restaurant
regularly and principally used for the purpose of providing meals
to its customers and having adequate kitchen and dining room facilities.
Shall mean a portion of a lot or parcel which is devoted
to the visual separation of land uses on the same lot or on an adjacent
lot. In most instances the buffer will be a strip of plant material,
at least five (5) feet wide, massed so as to block or screen views
through it.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary, or continuous occupancy and having
a roof. This definition shall not be construed to apply to trailers,
wagons or any other enclosure supported by a chassis, axles and/or
wheels.
Shall mean the area of a lot or parcel covered by buildings
or structures, exclusive of parking areas or other impervious ground
covers.
Shall mean a governmental construction project or acquisition
of equipment or real property.
Shall mean a space with less than one-half (1/2) of its floor-to-ceiling
height above the average elevation of the adjoining ground or with
a floor-to-ceiling height of less than six and one-half (6 1/2)
feet.
Shall mean the certificate provided for in N.J.A.C. 5:23-2,
indicating that the construction authorized by the construction permit
has been completed in accordance with the construction permit, the
act and the regulations. See "State Uniform Construction Code Act,"
P.L.1975, c.217 (N.J.S.A. 52:27D-119, et seq.) and regulations adopted
pursuant thereto.
[Added 11-8-2023 by Ord. No. 2023-34]
Shall mean the use of a building or premises for a purpose
different than previously authorized and where one (1) use classification
is being changed to another (e.g., one (1) family residential to two
(2) family residential, retail sales to retail service, multifamily
residential to general office, hotel/motel to multifamily dwelling
or rooming/boarding house).
Shall mean the amount of voltage provided to charge an electric
vehicle, which varies depending on the type of EVSE, as follows:
Level 1 operates on a fifteen (15) to twenty (20) amp breaker
on a one hundred twenty (120) volt AC circuit.
Level 2 operates on a forty (40) to one hundred (100) amp breaker
on a two hundred eight (208) or two hundred forty (240) volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty (60)
amp or higher breaker on a four hundred eighty (480) volt or higher
three phase circuit with special grounding equipment. DCFC stations
can also be referred to as rapid charging stations that are typically
characterized by industrial grade electrical outlets that allow for
faster recharging of electric vehicles.
[Added 11-8-2023 by Ord. No. 2023-34]
Shall mean a place of business established for the purpose
of providing supervision and care for five (5) or more children five
(5) years of age or younger and operated on a regular basis, but not
as a residence or domicile.
Shall mean a building or premises, together with any related
structure, accessory building, or land appurtenant thereto, and any
part thereof in which persons assemble for the purpose of conducting
religious worship services and related activities.
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.
Shall mean a building or premises together with any related
structure, accessory building, or land appurtenant thereto, and any
part thereof, in which persons congregate for social or civic purposes
and where membership might be required.
Shall mean an area to be developed as a single entity wherein
buildings and structures are arranged in groups, either on separate
lots or on a single parcel, so as to provide open space and efficient
distribution of roads and utilities according to a preconceived plan.
Shall mean any sign wording, logo, or other representation
that, directly or indirectly, names, advertises, or calls attention
to a business, product, service, or other commercial activity.
Shall mean an open space area within or related to a site
designated as a development, and dedicated, set aside, reserved or
intended for the use or enjoyment of residents and owners of the development.
Common open space may contain such complimentary structures, facilities
and improvements as are necessary and appropriate for the use or enjoyment
of residents and owners of the development, and the general public
if so dedicated.
Shall mean any community residential facility licensed by
the State of New Jersey pursuant to P.L. 1977, c. 448 (C. 30:IIB-I
et seq.) providing food, shelter and personal guidance, under such
supervision as required, to not more than fifteen (15) developmentally
disabled or mentally ill persons, not including any 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. For the purposes of this chapter, "group homes,"
"intermediate care facilities," "supervised apartment living arrangements,"
and "hostels" are considered "community residences for the developmentally
disabled."
Shall mean any shelter approved for a purpose of service,
contracted and certified by the State of New Jersey pursuant to P.L.
1979, c.337 (C.30:40-1-14) providing food, shelter, medical care,
legal assistance, personal guidance and other services on a temporary
basis to not more than fifteen (15) persons who have been victims
of domestic violence, including any children of such victims.
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 authorization
therefor by the Planning Board.
Shall mean a facility providing independent dwelling units
supplemented by congregate meals, housekeeping and support services
to persons sixty (60) years of age or older.
Shall mean a large box or container made of metal or similar
material and designed to be carried on a flat bed truck or other conveyance
and used for the disposal of debris or other materials. For the purposes
of this chapter, a "dumpster," including those which are designed
to be mechanically emptied by specialized disposal vehicles, are to
be considered refuse containers.
Shall mean any use of premises for the storage of equipment,
tools, materials, and vehicles used in the business of a construction
contractor or tradesman.
Shall mean any retail establishment offering for sale prepackaged
food products, household items, and other goods commonly associated
with the same and having a gross floor area less than three thousand
(3,000) square feet.
Shall mean a composite of the plan elements for the physical
development of Monmouth County, with the accompanying maps, plots,
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.
Shall mean the Monmouth County Planning Board.
Shall mean any open, unoccupied area which is bounded by
three (3) or more building walls.
Shall mean an open area, unobstructed from the ground to
the sky, which is bounded on more than three (3) sides by the exterior
walls of one (1) or more buildings.
Shall mean an open space, unobstructed from the ground to
the sky, which is bounded on not more than three (3) sides by the
exterior walls of one (1) or more buildings.
Shall mean a facility holding a craft distillery license
issued in accordance with the State Division of Alcoholic Beverage
Control (ABC), producing distilled alcoholic beverages, to rectify,
blend, treat and mix distilled alcoholic beverages, including the
sale and distribution of the product to licensed wholesalers and retailers,
including the retail sale of the product direct to consumers in limited
quantities for consumption off the premises, or in connection with
a tour of the distillery, the retail sale or offering of samples,
for consumption on the premises.
Shall mean a separation or break in the curbline or edge
of the cartway to allow access to a driveway or other vehicular passageway.
Shall mean a portion of land surface or area from which earth
has been removed or will be removed by excavation; the depth below
original ground surface or excavated surface.
Shall mean calendar days.
Shall mean an uncovered platform, which is attached to a
building and which projects more than four (4) feet from the facade,
including railings.
Shall mean a dedication of land for construction, reconstruction,
widening, repairing, maintaining or improving a street, public or
private, and for the construction, reconstruction or alteration of
facilities related to the safety, convenience or carrying capacity
of the street; including, but not limited to curbing, pedestrian walkways,
drainage facilities, traffic control devices and utilities in or along
road rights-of-way.
Shall mean the number of dwelling units per gross acre of
residential land area including streets, easements and open space
within a development.
Shall mean the division of a parcel of land into two (2)
or more parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining, excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension of
use of land, for which permission may be required pursuant to this
chapter. For the purposes of this chapter, "Special Questions," as
defined in this chapter, are not considered "development."
Shall mean a zoning, subdivision, site plan, Official Map,
or other municipal ordinance or regulation containing the use and
development of land, or amendment thereto adopted and filed pursuant
to the Municipal Land Use Law.
Shall mean three (3) or more persons, who may be residents
or nonresidents of the City, appointed by the Planning Board upon
recommendation of the City Manager or City Planner for the purpose
of providing technical advice and comments on development applications.
Shall mean development other than planned development or
cluster development.
Shall mean a major subdivision or any development not defined
as a minor development.
Shall mean:
A minor subdivision;
The construction of any building or structure or addition to
any building or structure of five hundred (500) or more square feet
but less than one thousand (1,000) square feet of building area or
structural area;
The construction of more than four (4) but less than ten (10)
parking spaces;
Improvements to existing parking areas containing more than
four (4) but less than ten (10) parking spaces where the area of existing
paving and location and size of existing driveways are affected;
The alteration of an existing building result in a change in
the number of dwelling units on the site;
A change in use where additional nonconformities are created
and/or pre-existing nonconformities are exacerbated; and/or
Does not involve planned development, any new street or extension
of any off-tract improvement.
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means and includes control of run-off
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.
Shall mean a vehicular accessway provided for the purpose
of allowing passage over private or public property. All driveways
shall be an appropriate hard-surface pavement that is durable and
maintained in good condition.
Shall mean one (1) or more rooms, designed, occupied, or
intended for occupancy as separate living quarters with cooking, sleeping
and sanitary facilities provided within the dwelling unit for the
exclusive use of a single family maintaining a household.
Shall mean a one-family dwelling attached to two (2) or more
one-family dwellings by common vertical walls.
Shall mean a one-family dwelling which is not attached to
any other dwelling.
Shall mean a building containing more than two (2) dwelling
units; an accessory dwelling unit, as defined by this chapter, shall
not be included in the calculation of the number of units for the
purpose of determining whether a dwelling is defined as "multifamily."
Shall mean a building containing one (1) dwelling unit.
Shall mean a one-family dwelling attached to one (1) other
one-family dwelling by a common vertical wall or other structural
element. (Also known as a "twin house" when located on one (1) lot.)
Shall mean a building containing two (2) dwelling units;
an accessory dwelling unit, as defined by this chapter, shall not
be included in the calculation of the number of units for the purpose
of determining whether a dwelling is defined as "two-family."
Shall mean any vehicle that is licensed and registered for
operation on public and private highways, roads, and streets, and
operates either partially or exclusively using an electric motor powered
by an externally charged on-board battery.
[Added 11-8-2023 by Ord. No. 2023-34]
Shall mean the equipment, including the cables, cords, conductors,
connectors, couplers, enclosures, attachment plugs, power outlets,
power electronics, transformer, switchgear, switches and controls,
network interfaces, point of sale equipment, and associated apparatus
designed and used for the purpose of transferring energy from the
electric supply system to a plug-in electric vehicle. "EVSE" may deliver
either alternating current or, consistent with fast charging equipment
standards, direct current electricity. “EVSE” is synonymous
with “electric vehicle charging station.”
[Added 11-8-2023 by Ord. No. 2023-34]
Shall mean those services provided by a municipality which
are necessary to support and satisfy the needs of the community. Such
services may include, but are not limited to, police and fire protection,
solid waste and wastewater collection and removal, education, snow
removal, recreation, etc.
Shall mean an establishment which provides any form of entertainment
which is of a nature that would require the exclusion of minors by
virtue of age under existing State statute. For the purpose of this
chapter, adult motion picture or "X-rated theaters," regardless of
seating capacity; "peep shows," whether or not they are coin operated;
adult cabarets or "go-go bars" and massage parlors are considered
to be "establishments of adult entertainment" if they are required
by law to exclude access to minors by virtue of age.
Shall mean removal or recovery by any means whatsoever of
minerals, mineral substances or organic substances, other than vegetation,
from the water, land surface, or beneath the land surface, whether
exposed or submerged.
Shall mean a building of no more than fifty thousand (50,000)
square feet and two (2) stories in size, arranged and intended to
present the products and/or philosophy of a single sponsor to the
public, in an educational and entertaining manner, for an extended
period of time. For the purposes of this definition, an extended period
of time shall mean a period of not less than six (6) months.
Shall mean one (1) or more persons maintaining a household.
(See "household.")
Shall mean a structure rising above the finished grade intended to provide physical separation between spaces or properties. For the purposes of this section, a structure constructed on a continuous footing or foundation and greater than four (4) inches thick, excluding support posts, shall be considered a wall rather than a fence and shall meet the setback requirements for buildings specified in § 30-67, herein.
Shall mean sand, gravel, earth or other materials of any
composition whatsoever placed or deposited by any person or persons.
Shall mean the official action of the Planning Board or Zoning
Board of Adjustment taken on a development plan which has been given
preliminary approval 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.
Shall mean any fabric or bunting containing distinctive colors,
patterns, or symbols, used as a symbol of a government, political
subdivision, or other entity.
Shall mean the area delineated on the Flood Insurance Rate
Map as being subject to flood waters resulting from a one hundred
(100) year storm.
Shall mean the official map on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards
and the risk premium zones applicable to the community, adopted September
15, 1983, as Map No. 3402850001C or as revised by the Federal Emergency
Management Agency.
Shall mean the ratio of the gross floor areas of all buildings
on a lot to the lot area.
Shall mean the sum of the gross horizontal areas of the floors
or stories of a building measured from the exterior face of the exterior
walls but not including areas devoted exclusively to off-street parking
and loading space for motor vehicles or any space where the floor-to-ceiling
height is less than seven (7) feet.
Shall mean that portion of the gross floor area to be used
or occupied or intended for use or occupancy. In the absence of floor
plans identifying and quantifying useable or habitable floor space,
net floor area will be measured as gross floor area minus twenty (20%)
percent.
Shall mean a building or structure used for the storage of
one (1) or more vehicles. If it is maintained for the resident occupant
of the premises and no service is rendered to the public, or any business
conducted therein, it is a private garage. Any garage other than a
private garage is a public garage.
Shall mean the Mayor and Council of the City of Asbury Park.
Shall mean the final grade or elevation of the ground surface
conforming to the proposed design.
Shall mean any stripping, culling, filling, stockpiling or
any combination thereof, including the land in its cut or filled condition.
Shall mean a hotel wherein no more than nine (9) units of
dwelling space, each containing private bathing facilities, are arranged
or intended for single room occupancy, exclusive of any such unit
occupied by any owner or operator, and where eighty-five (85%) percent
or more of the units are occupied by persons for ninety (90) days
or less. (See "hotel.")
Shall mean any room in a dwelling unit other than a kitchen
or bathroom.
Shall mean a building or structure or dwelling unit wherein
two (2) or more inmates of the State Department of Corrections; or
two (2) or more persons paroled from a correctional institution reside
under on-site or off-site supervision. Halfway houses, as herein defined,
are prohibited in the City as they represent a threat to the public
safety and welfare.
Shall mean the vertical distance measured from the average
finished ground elevation around the foundation to the top of a structure;
the highest point of the surface of a flat roof; or the midpoint between
the ridge and the eave of a pitched roof.
Shall mean an identifiable area on land, water or structure,
including any building or facilities thereon, used or intended to
be used for the landing and takeoff of helicopters. The term heliport
as used herein applies to all sites, including helistops, used or
intended to be used for the landing and takeoff of helicopters.
Shall mean an area used or intended to be used for the landing
and takeoff of helicopters engaged in dropping-off or picking-up passengers.
Shall mean any building, structure, area or property that
has been designated on the State or National Register of Historic
Places or in the Asbury Park Master Plan to be significant in the
history, architecture, archaeology or culture of the State of New
Jersey, its communities or the nation.
Shall mean an occupation, profession, activity, or use conducted
by the residents and unrelated, non-resident employees, which may
include the offering of services to clients on the premises.
Shall mean an occupation, profession, activity, or use that
is clearly an incidental and secondary use of a residential dwelling
unit conducted by the residents thereof, and which does not alter
the exterior of the property or affect the residential character of
the premises or neighborhood.
Shall mean a building or group of buildings containing ten
(10) or more units of dwelling space designed and used primarily for
single room occupancy of limited tenure in which no more than five
(5%) percent of the sleeping units may have cooking facilities of
any kind, and all sleeping units contain private bathrooms with bathing
facilities. For the purposes of this chapter, "limited tenure" shall
mean occupancy in any particular facility of not more than ninety
(90) days. A maximum of fifteen (15%) percent of the sleeping units
may be occupied more than ninety (90) days. Motels, motor inns, and
motor lodges shall be considered "hotels" for the purpose of this
chapter. Buildings which contain sleeping rooms without private baths
and which do not provide heat in winter months shall be considered
"seasonal hotels" and shall not be permitted.
Shall mean one (1) or more persons living together in one
(1) dwelling unit on a nonseasonal basis and sharing living, sleeping,
cooking and sanitary facilities on a non-profit basis.
Shall mean any material which generally reduces or prevents
absorption of storm water into previously undeveloped land. Retention
and detention basins and dry wells allowing water to percolate directly
into the ground shall not be considered as impervious surfaces.
Shall mean nonprofit public or quasi-public institutions
and uses such as public and private colleges and universities, libraries,
museums and correspondence and vocational schools.
Shall mean: (a) In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; (b) In the case of a civil
proceeding in any court or in an administrative proceeding before
a municipal agency, any person, whether residing within or outside
the City, whose right to use, acquire, or enjoy property is or may
be affected by any action taken under this chapter, or under any other
law of this State or of the United States has been denied, violated
or infringed by an action or a failure to act under this chapter.
Shall mean any scrap, waste, reclaimable material and debris,
whether or not stored or used in conjunction with the dismantling,
processing, salvage, storage, baling, disposal or other use or disposition.
Junk may include, for purposes of illustration, vehicles, tires, vehicle
parts, equipment, paper, rags, metal, glass, plaster, household appliances,
wood, lumber, brush and building materials.
Shall mean any area, lot, parcel, building or structure used
for the storage, sale, processing or abandonment of junk.
Shall mean ground, soil or earth including improvements and
fixtures on, above or below the surface thereof.
Shall mean any activity involving the clearing, cutting,
excavating, filling, grading, and any other activity which causes
land to be altered, eroded or subject to erosion.
Shall mean a drawing or set of drawings, submitted in conjunction
with an application for development, which indicates all the elements
of the proposed landscape treatment of a site, including plant materials,
structures, paving materials, landforms, grading and drainage.
Shall mean any health care facility defined in N.J.S.A. 26:2H-2
that requires a license from the State of New Jersey Department of
Health to operate.
Shall mean an establishment that engages in 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.
Shall mean a designated parcel, tract or area of land established
by a plot plan or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Shall mean the computed area contained within the lot lines,
but not including any street rights-of-way.
Shall mean that portion of one (1) lot or more than one (1)
lot which is improved or is proposed to be improved with buildings
and structures, including but not limited to driveways, parking lots,
pedestrian walkways, signs and other manmade improvements on the ground
surface which are more impervious than the natural surface. (See also
"building coverage" and "open space.")
Shall mean the average distance between the front lot line
and rear lot line.
Shall mean a line of record bounding a lot.
Shall mean the lot line separating a lot from a street right-of-way.
Shall mean the lot line opposite and most distant from the
front lot line, or the point at which the side lot lines meet. On
corner lots, there shall be only one (1) rear lot line.
Shall mean any lot line other than a front or rear lot line.
Shall mean the distance between the side lot lines measured
at the streetline. Where the side lot lines converge towards the street,
the lot width may be measured at the front yard setback line.
Shall mean a parcel of land either at the junction of or
abutting on two (2) or more intersecting streets, or abutting a single
street at the point where the road tangents deflect by more than forty-five
(45°) degrees.
Shall mean a parcel of land other than a corner lot and having
frontage on a street, road or other designated right-of-way.
Shall mean an interior lot which extends from one (1) street
to another.
Shall mean the amount of light coming from a sign expressed
as a measurement of the brightness of a sign face of either the light
that is emitted by, or reflected from, the surface of the sign. Luminance
is measured in units called "candela" per square meter (cd/m2) and is informally known as a "nit". One nit = one
cd/m2.
Shall mean any security other than cash, which may be accepted
by the City for the maintenance of any improvements required by this
chapter or as a condition of Planning Board or Zoning Board of Adjustment
approval.
Shall mean a subdivision not classified as a minor subdivision.
Shall mean the pre-wiring of electrical infrastructure at
a parking space, or set of parking spaces, to facilitate easy and
cost-efficient future installation of Electric Vehicle Supply Equipment
or Electric Vehicle Service Equipment, including, but not limited
to, Level Two EVSE and direct current fast chargers. Make Ready includes
expenses related to service panels, junction boxes, conduit, wiring,
and other components necessary to make a particular location able
to accommodate Electric Vehicle Supply Equipment or Electric Vehicle
Service Equipment on a “plug and play” basis. “Make-Ready”
is synonymous with the term “charger ready,” as used in
P.L.2019, c.362 (N.J.S.A. 48:25-1 et al.).
[Added 11-8-2023 by Ord. No. 2023-34]
Shall mean any permanent roof-like structure located at an
entry to an entertainment establishment that projects beyond the building
or extends along and projects beyond the wall of a building, generally
designed and constructed to provide protection from the weather, and
any sign attached to or made part of such structure.
Shall mean an establishment where, for any form of consideration,
massage, alcohol rub, fomentation, electric or magnetic treatment,
or similar treatment or manipulation of the human body is administered,
unless such treatment or manipulation is administered by a medical
practitioner, chiropractor, acupuncturist, physical therapist, or
similar professional licensed by the State of New Jersey. This definition
does not include an athletic club, health club, school, gymnasium,
reducing salon, spa, or similar establishment where massage or similar
manipulation of the human body is offered as an incidental or accessory
service.
Shall mean the Asbury Park Master Plan and any revisions,
amendments, or additions thereto.
Shall mean an establishment holding a limited brewery license
issued in accordance with the State Division of Alcoholic Beverage
Control (ABC), producing malt beverages, including the sale and distribution
of the product to licensed wholesalers and retailers, including the
retail sale of the product direct to consumers in limited quantities
for consumption off the premises, or in connection with a tour of
the brewery, the retail sale or offering of samples, for consumption
on the premises.
Shall mean any subdivision containing not more than three
(3) lots, including the remaining lot or parcel, which is not a planned
development, or does not contain any new street, or does not involve
the extension of any off-tract improvement.
Shall mean a building or portion of a building or land, or
portion thereof, which is not primarily devoted to the retail sale
of gasoline, in which the repair and maintenance of motor vehicles,
including diagnostic services and repair of any component parts of
an engine, power train, chassis, or body of any vehicle is conducted
as a business.
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, 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.
Shall mean Revised New Jersey Statutes 40:55D-1 et seq.
Shall mean the ground surface in its original state before
any grading, excavation or filling.
Shall mean an establishment where alcoholic beverages are
served that may also serve food as an adjunct to its bar business,
and where music (live or recorded) is provided to patrons for their
listening or dancing entertainment.
Shall mean luminance measured in units called candela per
square meter (cd/m2) and informally known
as a "nit". One nit = one cd/m2.
Shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of this chapter
or previous ordinances, but fails to conform to the requirements of
the zoning district in which it is located by reason of such adoption,
revision or amendment of this chapter.
Shall mean a structure which was of legal height and/or legally
situated on a lot or parcel prior to the adoption, revision or amendment
of this chapter or previous ordinances, 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 of this chapter.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of this chapter or previous ordinances,
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
of this chapter. For the purposes of this section, a use shall be
considered nonconforming if the residential density or floor area
ratio applied thereto exceeds the maximum permitted in the zoning
district in which such use is located by reason of the adoption, revision
or amendment of the Land Development Regulations.
Shall mean located outside the lot lines of the lot or lots
in question but within the property (of which the lot is a part) which
is the subject of a development or contiguous portion of a street
right-of-way.
Shall mean not located on the property which is the subject
of a development application nor on a contiguous portion of a street
right-of-way.
Shall mean a room or group of rooms used for conducting the
affairs of a business or industry.
Shall mean a business principally engaged in providing services
for health maintenance, diagnosis (including testing) and treatment
of human diseases, pain or other physical or mental condition of patients
by physicians or other licensed health care professionals, solely
on an outpatient basis, but not to include a behavioral health care
center. No overnight patients shall be kept on the premises. Examples
of medical offices shall include but not be limited to general physicians,
dentists, chiropractors, psychologists, cardiologists, radiologists
and other various specialists.
Shall mean the office of a member of a recognized profession,
maintained for the conduct of that profession. Such professions shall
specifically include licensed medical practitioners, chiropractors,
psychologists, real estate practitioners, accountants, financial or
insurance practitioners, legal practitioners, planning, design, and
engineering professionals, travel consultants, or any other profession
whose members are licensed or certified by the State of New Jersey,
or any professional society or association with recognized status
and national affiliations, to provide a professional service to the
public.
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 the County of Monmouth pursuant to N.J.S.A. 40:27-5.
Shall mean a map adopted in accordance with the Municipal
Land Use Law, or any prior act authorizing such adoption, which map
shall be deemed conclusive with respect to the location and width
of the streets, public parks and playgrounds, and drainage right-of-
way shown thereon.
Shall mean located on the lot or lots in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street right-of-way.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such open space; provided
that such area may be improved with only those buildings, structures,
streets and off-street-parking and other improvements that are designed
to be incidental to the recreational use and enjoyment of the open
space.
See "common open space."
Shall mean any open space area conveyed or otherwise dedicated
to the City or a City agency, Board of Education, State or County
agency, or other public body for recreational and conservational uses.
Shall mean an individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest to seek or authorize
development of land under this chapter and State Statute.
Shall mean any open area, including parking spaces, driveways
and access aisles or other public way, used for the temporary storage
of automobiles and other permitted vehicles for the private use of
the owners or occupants of the lot on which the area is located.
Shall mean any open area, including parking spaces, driveways
and access aisles, other than a street or other public way, used for
the temporary storage of automobiles and other permitted vehicles
and available to the public, with or without compensation or as an
accommodation for clients, customers and employees.
Shall mean any public or private parking area or garage.
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 this chapter.
Shall mean any lightweight plastic, fabric, or other material,
whether or not containing a message of any kind, suspended from a
rope, wire, or string, usually in series, designed to move in the
wind.
Shall mean a roofed enclosure up to twelve (12) feet in height
on top of a building and occupying not more than twenty (20%) percent
of the main roof area.
Shall mean any security, which may be accepted by the City
to ensure the installation of public improvements or compliance with
conditions imposed by the Planning Board or Zoning Board of Adjustment.
Shall mean a certificate issued to perform work under this
chapter.
Shall mean any use which shall be allowed, subject to the
provisions of this chapter.
Shall mean any person to whom a permit is issued in accordance
with this chapter.
Shall mean corporation, company, association, society, firm,
partnership or joint-stock company, as well as individual, the State
and all political subdivisions of the State or any agency or instrumentality
thereof.
Shall mean establishments engaged in providing services involving
the care of a person or their apparel, including but not limited to
beauty shops, barber shops, shoe repair, tailors, nail salons, and
photographic studios.
Shall mean a use established by a nonprofit organization
and funded through a foundation or other charitable means for the
purpose of promoting human welfare. Such uses include "shelter for
the homeless" and "soup kitchens," when operated by an organization
as defined herein. Such a use does not include "community residences
for the developmentally disabled," "residential health care facilities"
or "community shelters for victims of domestic violence" as defined
in this section.
Shall mean an application for development involving two (2)
acres or more to be developed according to a plan as a single entity
containing one (1) or more structures with appurtenant common areas
to accommodate commercial or office uses or both and any residential
and other uses incidental to the predominant use as may be permitted
by this chapter.
Shall mean planned unit development, planned unit residential
development, residential cluster, planned commercial development or
planned industrial development.
Shall mean an application for development involving three
(3) acres or more to be developed according to a plan as a single
entity containing one (1) or more structures with appurtenant common
areas to accommodate industrial uses and any commercial uses incidental
to the predominant use as may be permitted by this chapter.
Shall mean an area with a specified minimum contiguous acreage
of two (2) acres or more to be developed as a single entity according
to a plan containing one (1) or more residential clusters, which may
include appropriate commercial, and/or public or quasi-public uses
all primarily for the benefit of the residential development.
Shall mean the Asbury Park Planning Board.
Shall mean a map or maps of a subdivision or site plan.
Shall mean the final map of all or a portion of a subdivision
or site plan which is presented to the Planning Board or Board of
Adjustment for final approval in accordance with this chapter.
Shall mean the preliminary map indicating the proposed layout
of the subdivision or site plan which is submitted to the Planning
Board or Board of Adjustment for consideration and preliminary approval.
Shall mean the sketch map of a subdivision or site plan of
sufficient accuracy to be used for the purpose of discussion and classification.
Shall mean a roofed entrance or porte cochere not more than
one (1) story in height which projects beyond the main building into
the required front yard area; the porch shall not be enclosed permanently
or temporarily, with any type of material, nor shall there be any
construction between the roof and floor of the porch except for columns
or posts necessary to support the roof or an open safety railing,
which shall present no more than minimal obstruction to view; provided,
however, that a portable storm vestibule not more than five (5) feet
in any horizontal dimension is permissible during the fall and winter
months and open wire mesh removable screening in the area aforesaid
is permissible during the spring and summer months.
Shall mean the conferral of certain rights pursuant to this
chapter prior to the final approval after specific elements of the
development plan have been agreed upon by the Planning Board or Board
of Adjustment and the applicant.
Shall mean architectural drawings prepared during early and
introductory stages of the design of a project illustrating in a schematic
form, its scope, scale and relationship to its site and immediate
environs.
Shall mean an EVSE that has restricted access to specific
users (e.g., single and two-family homes, executive parking fleet
parking with no access to the general public).
[Added 11-8-2023 by Ord. No. 2023-34]
Shall mean a use or use classification which is not expressly
permitted in a zone district.
Shall mean existing or proposed: (1) public parks, playgrounds,
trails, paths and other recreational areas; (2) other public open
spaces; (3) scenic and historic sites; and (4) schools and other public
buildings and structures.
Shall mean a master plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
Shall mean the land reserved or dedicated for the installation
of surface or subsurface storm water drainage systems.
Shall mean an EVSE that is publicly available (e.g., park
& ride, public parking lots and garages, on-street parking, shopping
center parking, non-reserved parking in multi-family parking lots,
etc.).
[Added 11-8-2023 by Ord. No. 2023-34]
Shall mean a majority of the full authorized membership of
either the Planning Board or Zoning Board of Adjustment.
Shall mean that portion of the designated open space of a
development proposal which is specifically designed for the active
or passive recreation of the residents of the development or general
public, if so designated.
Shall mean a place where sports, leisure time activities
and customary and usual recreational activities such as set forth
in major group #79 of the Standard Industrial Classification Manual
are carried out.
Shall mean recreation facilities operated as a business and
open to the public for a fee.
Shall mean Monmouth County.
Shall mean two (2) or more residential dwellings of one (1)
or more housing types grouped together on a site so as to provide
open space for the common use of the residents. The overall permitted
residential density of a site with residential clusters shall be equal
to that which is specified for the zone district.
Shall mean any establishment which furnishes food and provides
any personal care or service beyond food, shelter, laundry and guidance,
to any one (1) or more persons eighteen (18) years of age or older.
For the purposes of this chapter, "homes for sheltered care," "rest
homes" and "convalescent homes" are considered "residential health
care facilities."
Shall mean an establishment where beverages and prepared
food are served on the premises and where not less than seventy-five
(75%) percent of the gross floor area is devoted to table or booth
dining space for patrons.
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
other instrument.
Shall mean any establishment providing a service to the public at large for a fee, including but not limited to the following, except as otherwise provided in § 30-71 of this chapter: eating and drinking places; offices for finance, insurance, real estate or travel services; personal grooming, garment and footwear services; business services; repair services except for automobiles and large items such as furniture and major household appliances such as refrigerators unless part of a retail sales business on the premises; recreation services except amusement arcades and billiard parlors; health services except licensed health care facilities and partial care programs; educational services restricted to accredited colleges or universities, licensed professional or trade schools and specialized skills training, such as dance, martial arts, fitness training or bartending schools; cultural services such as museums and art galleries.
Shall mean any establishment which engages in the sale of new merchandise to the public at large, including but not limited to the following except as otherwise provided in § 30-71 of this chapter: hardware and garden supply; general merchandise and department stores; food stores; apparel and accessory stores; home furnishing and equipment stores; appliance and electronic equipment stores; miscellaneous retail except nonstore retailers, fuel and ice dealers.
Shall mean a business where used passenger motor vehicles
are displayed and sold by a dealer licensed by the State of New Jersey.
A retail used car dealership shall not include a motor vehicle repair
facility as defined in this section, but may include such maintenance
activities for the purpose of servicing motor vehicles so as to make
them comply with the laws of the State of New Jersey.
Shall mean a person other than a member of a family or household
occupying part of any dwelling unit, who, for a consideration, is
furnished sleeping accommodations in such dwelling unit and may be
furnished with meals or kitchen privileges, financial assistance,
supervision or personal service as part of this consideration.
Shall mean a boarding house wherein no personal or financial
services are provided to residents.
Shall mean one (1) or more rooms arranged and intended for
residential occupancy but lacking either private cooking or bathroom
facilities. Bedrooms to which direct access is gained by individual
key operated locks shall be considered "rooming units."
Shall mean any commercial establishment devoted exclusively
to the sale of used merchandise. For the purposes of this chapter,
"pawn shops," "used furniture stores" and "thrift shops" shall be
considered "secondhand stores;" while dealers of authentic antiques,
"nonprofit or goodwill thrift stores" and "retail used car dealers"
are not considered secondhand stores. The sale of used clothing other
than in conjunction with a "nonprofit" thrift shop is prohibited.
Shall mean any solid material that is in suspension and is
being or has been moved by water, ice, wind, gravity or other means.
Shall mean the transport and depositing of sediment.
Shall mean a building or group of buildings containing three
(3) or more dwelling units designed for and exclusively occupied by
senior citizens.
Shall mean: (1) a commercial establishment, which as one
of its principal business purposes offers for sale, rental, or display
any of the following: Books, magazines, periodicals or other printed
material, or photographs, films, motion pictures, video cassettes,
slides or other visual representations which depict or describe a
specified sexual activity or specified anatomical area; or still or
motion picture machines, projectors or other image-producing devices
which show images to one person per machine at any one time, and where
the images so displayed are characterized by the depiction of a specified
sexual activity or specified anatomical area; or instruments, devices,
or paraphernalia which are designed for use in connection with a specified
sexual activity; or (2) a commercial establishment which regularly
features live performances characterized by the exposure of a specified
anatomical area or by a specified sexual activity, or which regularly
shows films, motion pictures, video cassettes, slides, or other photographic
representations which depict or describe a specified sexual activity
or specified anatomical area. As pertaining to the determination of
a sexually oriented business, Person means an individual, proprietorship,
partnership, corporation, association, or other legal entity.
Shall mean a triangular shaped portion of land established
at intersections in accordance with the requirements of this chapter
in which nothing shall be erected, placed, planted or allowed to grow
in such a manner as to limit or obstruct sight distance.
Shall mean any device, fixture, placard or structure which
uses color, form, graphics, illumination, architectural style or design
with text, or writing to advertise, attract attention, announce the
purpose of or identify the purpose of any person or entity, or to
communicate information of any kind to the public. The term "sign"
includes sign structure. The following shall not be considered signs
subject to the regulations of this chapter: artwork, holiday or seasonal
decorations, cemetery markers, machinery or equipment signs, memorial
signs or tablets.
Shall mean the total area, as measured in square feet, of
a sign surface, including all parts thereof devoted to the background
including all borders and trim, computed by bounding the exterior
of the sign structure or surface with a series of straight or curved
lines tangent thereto. The area of a sign on an awning and signs with
letters attached directly to walls or awnings shall be calculated
by constructing an imaginary series of straight lines or lines formed,
bounded or characterized by curves around the outside of all elements
of the sign. Supports that are not part of the sign face and contain
no messaging shall not be included in the sign area calculation.
Shall mean the part of the sign that is or can be used to
identify, display, advertise, communicate information, or for the
visual representation, which attracts or intends to attract the attention
of the public for any purpose.
Shall mean the vertical distance measured from ground level
nearest the base of the sign to the highest point on the sign.
Shall mean replacing, repairing or repainting a portion of
a sign structure, or periodically changing copy or renewing copy,
which has been made unusable by ordinary wear.
Shall mean any structure which is designed specifically for
the purpose of supporting a sign, which has supports or which is capable
of supporting a sign. The definition shall include any decorative
covers, braces, wires, supports or other components attached to or
placed around the sign structure.
Shall mean a sign which includes action, motion, or color
changes, or the optical illusion of action, motion or color changes,
including signs set in motion by movement of the atmosphere, or made
up of a series of sections that turn.
See "canopy sign."
See "snipe sign."
Shall mean a type of projecting sign that is mounted perpendicular
to the building facade.
Shall mean any sign erected, constructed or maintained on
a building with the principal support of said sign being that building
with its face in a parallel plane with the plane of the building facade
or wall, that does not extend above the height of the vertical wall
or eaves.
Shall mean any sign that is a part of or attached to an awning
or canopy, i.e., a fabric, plastic, or structural protective cover
over a door, entrance, window, or outdoor service area.
Shall mean a temporary, on-premises sign identifying an approved
development during the construction phase of a project prior to completion
of the work for which permission was granted containing sign copy
that is limited to the development activity and identifying the owner/developer,
contractors/subcontractors, designers, financiers or sponsors.
Shall mean a noncommercial on-site sign providing direction
or information to pedestrian or vehicular traffic that is related
or reasonably necessary to the movement of pedestrian or vehicular
traffic on the premises, and not displaying a commercial message (e.g.,
(entrance," "exit," "caution," "no parking". "one way", "no trespassing,"
and the like).
Shall mean a single sign with copy on both sides of the sign
and mounted as a single structure.
Shall mean a sign which permits light to be turned on or
off intermittently more frequently than once per minute or any illuminated
sign on which such illumination is not kept stationary or constant
in intensity and color at all times when such sign is in use, including
a LED (light-emitting diode) or digital sign, and changes more frequently
than once per minute.
Shall mean a sign supported by structures or supports that
are placed on or anchored in the ground or at ground level and which
are independent of any building or other structure.
Shall mean a sign that functions to advertise the future
or proposed development of the premises upon which the sign is erected.
Shall mean any sign which was unlawfully erected or which has been determined to be in violation of any provision of Article XII of the Asbury Park City Land Development Ordinance.
Shall mean any sign or portion thereof that is illuminated
by artificial light, either from an interior or exterior source, including
outline, reflective or phosphorescent light, whether or not the source
of light is directly affixed as part of the sign.
Shall mean a sign not exceeding one square foot in size attached
to a freestanding sign or affixed to wall that either:
Shall mean a sign which permits light to be turned on or
off intermittently more frequently than once every 24 hours or which
is operated in a way whereby light is turned on or off intermittently
more frequently than once every 24 hours, including any illuminated
sign on which such illumination is not kept stationary or constant
in intensity and color at all times when such sign is in use, including
a LED (light-emitting diode) or digital sign, and that varies in intensity
or color more frequently than once every 24 hours.
Shall mean a sign indicating the name and/or profession or
address of a person or persons residing or legally occupying the premises.
Shall mean a sign that was lawfully erected but no longer conforms to the regulations provided in Chapter 30 of the Asbury Park City Land Development Regulations.
Shall mean any sign relating in its subject matter to commodities,
accommodations, services or activities on premises other than the
premises on which the sign is located.
Shall mean any sign which, when installed, is intended for
permanent use. For the purposes of this chapter, any sign with an
intended use in excess of six months from the date of installation
shall be deemed a permanent sign.
Shall mean any sign, banner or poster that is not permanently
attached to the ground or structure. For purposes of this chapter,
an inflatable sign shall be considered a portable sign.
Shall mean a sign mounted perpendicular to the building facade.
Shall mean a sign advertising the sale, rental or lease of
the premises or part of the premises on which the sign is displayed
temporarily.
Shall mean any sign that revolves or rotates.
Shall mean any sign erected and constructed wholly on or
over the roof of a building which is supported by the roof structure,
or any sign that extends in whole or in part above the roofline of
a building. For purposes of this definition, "roofline" shall mean
the highest continuous horizontal line of a roof. On a sloping roof,
the roofline is the principal eave or the highest line common to one
or more principal eaves of a roof. On a flat roof, the roofline is
the highest continuous line of a roof or parapet, whichever is higher.
See "warning sign."
Shall mean a temporary, portable, double-faced, freestanding
sign in an "A-Frame" configuration and that is supported only by the
two panels that also serve to display the message(s), or the legs
that serve as the frame for display panels. Such signs shall not include
any supporting elements separate from the display panels themselves.
Shall mean any sign tacked, nailed, posted, pasted, glued
or otherwise attached to trees, rocks or other natural features, or
poles, stakes or fences with the message appearing thereon not applicable
to the present use of the premises upon which the sign is located.
This shall not include warning signs such as "no trespassing" signs
or "no hunting" signs.
Shall mean a sign, regardless of its content, providing notice
of or direction to an event, gathering, assembly or meeting that is
open to the public at large.
Shall mean a sign required by any statute or regulation of
the State of New Jersey or United States.
Shall mean any sign denoting the street address of the premises
on which it is attached or located.
Shall mean a sign intended for a use not permanent in nature.
A sign with an intended use of 60 days or less shall be deemed a temporary
sign, unless specified otherwise herein.
Shall mean any sign located within the right-of-way that
functions as a traffic control device and that is described and identified
in the Manual on Uniform Traffic Control Devices (MUTCD) and approved
by the Federal Highway Administrator as the national standard. A traffic
control device sign includes those signs that are classified and defined
by their function as regulatory signs (that give notice of traffic
laws or regulations), warning signs (that give notice of a situation
that might not readily be apparent), and guide signs (that show route
designations, directions, distances, services, points of interest,
and other geographical, recreational or cultural information).
Shall mean any sign or signs where the total sign area covers
more than 10 square feet of the vehicle.
Shall mean a sign communicating information or views on matters
of public policy or public concern or containing any other noncommercial
message, that is otherwise lawful. Viewpoint signs are exempt from
content regulations within the scope of protected speech; and any
other requirements in conflict with federal and state common law protecting
expressive activity and viewpoint communication.
Shall mean a sign that functions to provide a warning of
a dangerous condition or situation that might not be readily apparent
or that poses a threat of serious injury (e.g., gas line, high voltage,
condemned building, etc.) or that functions to provide a warning of
a violation of law (e.g., no trespassing, no hunting allowed, etc.).
Shall mean a sign which uses objects or material fastened
in such a manner as to move upon being subjected to pressure by wind,
and shall include banners, pennants, ribbons, spinners, streamers
or captive balloons; however, the term "wind signs" shall not include
flags.
Shall mean any sign mounted in any fashion on the interior
or exterior of the surface of a window.
Shall mean any plot or parcel of land or combination of contiguous
lots or parcels of land.
Shall mean a development plan of one (1) 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,
flood plains, 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 that an informed
determination may be made by the Boards pursuant to this chapter.
Shall mean the governmental subdivision of this State which
encompasses this City, organized in accordance with the provisions
of Chapter 23, Title 4 (N.J.S.A. 4:24-1 et seq.).
Shall mean a plan which indicates necessary land treatment
measures, including a schedule for installation, which will effectively
minimize soil erosion and sedimentation. Such measures shall be at
least equivalent to the standards and specifications as adopted by
the Freehold Soil Conservation District.
Shall mean an establishment engaged primarily in distributing
food directly to the needy, for free or at very low cost.
Shall mean and include any of the following: (1) less than
completely and opaquely covered human genitals, pubic region, buttocks,
anus, or female breasts below a point immediately above the areola;
or (2) human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
Shall mean motor vehicle parking spaces which conform to the minimum stall width and length requirements of § 30-59 but which are stacked vertically atop one another.
Shall mean a residential facility consisting of living accommodations
for former patients diagnosed and treated in a medical institution
for a high risk transmittable disease such as Acquired Immune Deficiency
Syndrome (AIDS) and where specialized medical care continues to be
provided to such residents. Step-down facilities, as herein defined,
shall be regulated as a "community residence" in accordance with the
provisions of subsection 30-76.3c., except that such provisions shall
apply to former patients diagnosed and treated in a medical institution
for a high risk transmittable disease rather than to "developmentally
disabled" or "mentally ill" persons.
Shall mean a narrow staircase ending with an uncovered platform
at a building entrance.
Shall mean any storm drainage technique which retards or
detains runoff, such as a detention or retention basin, parking lot
storage, rooftop storage, porous pavement, dry wells or any combination
thereof.
Shall mean that portion of a building included between the
surface of any floor and the surface of the floor next above it, or
in its absence, the ceiling or roof above.
Shall mean a space under a sloping roof which has the line
of intersection of roof decking and wall face not more than three
(3) feet above the top floor level, and in which space, the possible
floor area with head room of five (5) feet or less occupies at least
forty (40%) percent of the total area of the story directly beneath.
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way: (1) which is an existing State, County, or municipal roadway; or (2) which is shown upon a plat heretofore approved pursuant to law; or (3) which is approved by official action as provided by this act; or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. An alley, as defined in § 30-15, does not constitute a "street" as is defined herein and lots having frontage on an alley shall not be construed as having frontage on a street for the purposes of compliance with paragraph e of § 30-68.2.
Shall mean the dividing line between a street and an abutting
lot.
Shall mean: (1) a street so designated in the duly adopted
or revised Asbury Park Master Plan; or (2) a street used and intended
as a thoroughfare between neighborhoods and as a connector to major
highways.
Shall mean a street which is used and intended primarily
for access to abutting properties.
Shall mean any change and/or modification to a structure
as herein defined.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above or
below the surface of land or water.
Shall mean any rigid or semi-rigid material with or without
a sign displayed thereon, situated upon or attached to real property
outdoors for the purpose of furnishing a background, base or support
on which a sign may be posted or displayed.
Shall mean the division of a lot, tract or parcel of land
into two (2) or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
(1) divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five (5) acres or larger
in size; (2) divisions of property by testamentary or intestate provisions;
(3) divisions of property upon court order; and (4) conveyances so
as to combine existing lots by deed or other instrument. The term
"subdivision" shall also include the term "resubdivision."
Shall mean any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds fifty (50%) percent
of the market value of the structure either: (1) before the improvement
or repair is started; or (2) if the structure has been damaged and
is being restored, before the damage occurred. For the purposes of
this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however,
include either: (1) any project for improvement of a structure to
comply with existing State or local health, sanitary or safety code
specifications, which are solely necessary to assure safe living conditions;
or (2) any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
Shall mean motor vehicle parking spaces which conform to the minimum stall width and length requirements of § 30-59 but which are oriented with one space in front of another with no aisleway or other space between them.
Shall mean a tent or similar structure made of solid or flexible
materials. No tent or other temporary structure shall be erected for
a period exceeding fourteen (14) days in any twelve (12) month period.
Shall mean one (1) or more buildings arranged and intended
to provide various forms of entertainment based upon a central theme
and designed to educate participants and spectators on subject matter
related to that theme.
Shall mean a multi-family housing style that consists of
not less than three (3) single-family attached dwelling units, in
one structure, separated by vertical party walls.
Shall mean property which is the subject of a development
application.
Shall mean a vehicle used for carrying people, carrying or
storing material or objects, or for temporary working, living or sleeping
purposes, and standing on wheels or on rigid supports.
See "dwelling, semi-detached."
Shall mean any use engaged in providing walk-in, extended
hour access for acute illness and injury care that is either beyond
the scope or availability of the typical primary care practice or
medical clinic. No overnight patients shall be kept on the premises.
Medical offices and hospitals shall not be included.
Shall mean relief from the literal application of any of the standards or requirements of Article VI of this chapter, other than permitted uses and as specified in the Municipal Land Use Law (N.J.S.A. 40:55D-70c).
Shall mean relief from the literal application of any of the standards of Article VI of this chapter, governing permitted land uses and as specified in the Municipal Land Use Law (N.J.S.A. 40:55D-70d).
Shall mean any device in, upon or by which a person or property
is or may be transported upon a highway, excepting devices moved by
human power or used exclusively upon stationary rails or tracks, or
motorized bicycles.
Shall mean vehicular type, portable structures which can
be towed, hauled or driven, primarily designed as temporary living
accommodations for recreational, camping and travel use and including
travel trailers, truck campers, camping trailers and self-powered
motor homes.
Shall mean an open area, other than a right-of-way or public
parking area, used for display, sale or rental of new or used vehicles
in operable condition and where no repair work is done.
Shall mean an establishment in which the principal use is
long or short term storage and which is inaccessible to the public
during normal business hours for the purpose of purchasing merchandise.
Shall mean the exterior open area between the wall of a building
or structure and a lot line.
Shall mean the sum of the two (2) side yards of a building
or structure.
Shall mean the exterior open area extending the full width
of the lot between the street line and the nearest front wall of a
building or structure.
Shall mean the exterior open area extending the full width
of the lot area between the nearest rear wall of a principal building
or structure and the rear lot line.
Shall mean the exterior open area between the side lot line
and the side wall of a building or structure and extending from the
front yard to the rear yard.
Shall mean the Asbury Park Zoning Board of Adjustment.
Shall mean the dividing line between one (1) zoning district
and another.
Shall mean a contiguous area delineated on the duly adopted
and revised Zoning Plan Map which is attached to and made a part hereof,
where land uses and development are regulated as specified in this
chapter.
Shall mean a document signed by the Zoning Officer or Zoning
Inspector which is required by this chapter, as a condition precedent
to the commencement of a use or the erection, construction, reconstruction,
alteration, conversion, or installation of a structure or building;
and which acknowledges that such use, structure or building complies
with the provisions of this chapter or variance therefrom.
[2000 Code § 30-16]
Zoning district boundary lines are intended to follow street
centerlines, railroad rights-of-way, and lot or property lines as
they exist on lots of record at the time of enactment of this chapter
unless otherwise indicated by dimensions on the Zoning Map. Any dimensions
shown shall be in feet and measured from the street right-of-way line
even if the center line of that street is used for the location of
a zoning district line. The exact location of any disputed zoning
district boundary line shall be determined by the Board of Adjustment.
The zoning standards, controls and designations apply to every structure,
lot and use within each district, and the district lines extended
vertically in both directions from ground level.
