APPLICATION CHECKLIST -- The list of submission requirements adopted by ordinance and provided by municipal agencies to a developer pursuant to N.J.S.A. 40:55D-10.3.

DEVELOPER -- A developer as defined by N.J.S.A. 40:55D-4, i.e., 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.

PROFESSIONAL -- Any person or entity whose principals are required to be licensed by New Jersey law and who supplies legal representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which said individuals practice.

CONTRIBUTION -- Every loan, gift, subscription, advance or transfer of money or other thing of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee and any pledge, promise or other commitment or assumption of liability to make such transfer. For purposes of reports required under the provisions of this article, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed.

CONTRIBUTION DISCLOSURE STATEMENT -- A list specifying the amount, date and the recipient of any and all contributions made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee of or pertaining to the City of Long Branch, made prior to filing the application with or seeking approval from the City and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq. The disclosure shall include all such contributions made during the time period measuring from one year prior to filing the application seeking approval from the City through to the time of filing said application. Additionally, there shall be a continuing disclosure responsibility to require continuing disclosure of any such contributions made following the filing of the contribution disclosure statement and during the pendency of the application and/or approval process.

MUNICIPAL AGENCY -- The Municipal Planning Board or the Municipal Zoning Board of Adjustment, as applicable.

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 in accordance with Chapter 1A of Title 58 of the Revised Statutes. [Amended 10-27-1998 by Ord. No. 36-98]

FINAL PLAT -- The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.

LOT -- A parcel or portion of land separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds for purpose of sale, lease or separate use.

MAJOR SUBDIVISION -- All subdivisions not classified as minor subdivisions.

MASTER PLAN -- The Master Plan of the City as adopted by the Planning Board, including all amendments and supplements duly adopted.

MINOR SUBDIVISIONS -- A subdivision of land for the creation of a number of lots, not to exceed three, provided that each subdivision does not involve:

       (1) A planned development;

       (2) Any new street;

       (3) Any property which was formerly part of a tract for which subdivision approval had been granted, provided that such previous subdivision approval was less than three years prior to the present application; or

       (4) The extension of any off-tract improvement the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

OPEN SPACE/RECREATION -- (See Chapter 345, Zoning, §§345-11X and 345-18.)

OWNER -- Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.

PERFORMANCE GUARANTY -- Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a plan, including performance bonds, escrow agreements and other similar collateral or surety agreements.

PLAT -- The map of a subdivision.

PRELIMINARY PLAT -- The preliminary map, indicating the proposed layout of the subdivision, which is submitted to the Secretary of the Planning Board for Planning Board consideration and tentative approval and meeting the requirements of §300-10.

SITE PLAN -- A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.

       (1) SITE PLAN, MAJOR -- Any site plan not determined to be a minor site plan under Subsection (2).

       (2) SITE PLAN, MINOR -- Any development plan for one or more lots which is (are) subject to development which:

       (a) Requires site plan approval;

       (b) In the opinion of the Board's Site Plan Committee, the submitted project is of such a simplistic nature as to merit consideration as a minor site plan;

       (c) Meets the requirements set forth in Chapter 345, Zoning, Article IV, Zone District Use Regulations, and contains the information reasonably required in order to make an informed determination as to whether the Board's requirements for approval of a minor site plan have been met; and

       (d) Meets the following conditions:

       [1] The construction of drainage facilities is not required either on- or off-site;

       [2] The proposed development conforms to the performance standards set forth in Chapter 345, Zoning, §345-48, Environmental standards.

       [3] The proposed development does not involve planned development,

       [4] The proposed development will not require the issuance of a Coastal Area Facilities Review Act permit;

       [5] The proposed development does not involve any new street or the extension of any existing street;

       [6] The proposed development does not involve the extension or construction of any off-tract improvement;

       [7] The proposed development, if new construction, requires 10 parking spaces or less; or if a change of use of an existing facility or addition to an existing facility and less than five spaces are required; and

       [8] The proposed development consists of new construction or an addition, either of which are less than 1,000 square feet. If the proposed development was part of a parcel, tract, lot or portion thereof for which minor site plan approval had been granted within three years prior to the present application, and the total accumulated square footage of the prior minor site plan application or applications equaled 1,000 square feet or more than the present application, it shall be considered a major site plan.

SKETCH PLAT -- The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of §300-10.

STREET -- Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway; or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action; or a street or way 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. A street shall be deemed to include all the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:

       (1) MAJOR STREETS -- Shall be as shown on the Master Plan of the City.

       (2) COLLECTOR STREETS -- Those which connect minor and major streets, provide access to community facilities and are primarily intended for the use of neighborhood traffic. Such streets should be as designated by the Planning Board in reviewing each subdivision application.

       (3) MINOR STREET -- That which is used primarily for access to abutting land.

       (4) MARGINAL ACCESS STREET -- One which parallels and is contiguous to a major street and is designed to provide access to abutting land.

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

SUBDIVISION

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

       (a) 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.

       (b) Divisions of property upon court order, including but not limited to judgments or foreclosure.

       (c) Divisions of property by testamentary or intestate provisions.

       (d) Divisions of existing lots by deed or other recorded instrument.

       (e) 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 City.

       (2) The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION COMMITTEE -- A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and such other duties relating to land subdivision which may be conferred on this Committee by the Board.

CAFRA CENTERS, CORES OR NODES -- Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.

CAFRA PLANNING MAP -- The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.

COMPACTION -- The increase in soil bulk density.

CORE -- A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY -- An agency designated by the Monmouth County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

       A. A county planning agency; or

       B. A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT -- The New Jersey Department of Environmental Protection.

DESIGNATED CENTER -- A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.

DESIGN ENGINEER -- A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

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 structure, 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, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DRAINAGE AREA -- A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

ENVIRONMENTALLY CRITICAL AREAS -- An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EMPOWERMENT NEIGHBORHOOD -- A neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

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

IMPERVIOUS SURFACE -- A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION -- The process by which water seeps into the soil from precipitation.

MAJOR DEVELOPMENT -- Any development that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

MUNICIPALITY -- The City of Long Branch.

NODE -- An area designated by the State Planning Commission concentrating facilities and activities, which are not organized in a compact form.

NUTRIENT -- A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON -- Any individual, corporation, company, partnership, firm, association, the City of Long Branch, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

POLLUTANT -- Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE -- The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

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

SITE -- The lot or lots upon which a major development is to occur or has occurred.

SOIL -- All unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) -- An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP -- The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER -- Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER RUNOFF -- Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

STORMWATER MANAGEMENT BASIN -- An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE -- Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

TIDAL FLOOD HAZARD AREA -- A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

TIME OF CONCENTRATION -- The time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.

TOTAL SUSPENDED SOLIDS -- The sum of dissolved and undissolved solids and particulate matter of a buoyancy and/or specific gravity that prohibits their settling in runoff.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD -- A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES -- A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA -- Previously developed portions of areas:

       A. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1),

       Designated Centers, Cores or Nodes;

       B. Designated as CAFRA Centers, Cores or Nodes;

       C. Designated as Urban Enterprise Zones; and

       D. Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATERS OF THE STATE -- The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS OR WETLAND -- An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

ACCESSORY BUILDING See "building, accessory." [Added 7-28-2009 by Ord. No. 14-09]

ACCESSORY STRUCTURE A structure located on the same lot and customarily incidental and subordinate to the principal building or use. See "structure." [Added 7-28-2009 by Ord. No. 14-09]

ACCESSORY USE A use customarily incidental and subordinate to the principal use or structure and located on the same lot with such principal use or structure.

ACTIVE RECREATIONAL SPORTS AND ENTERTAINMENT FACILITY Any facility designed primarily for competitive or recreational sports and athletic activities, as well as the presentation of public entertainment events and expositions. Eating and drinking facilities, retail specialty shops and electronic/video apparatus shall be allowed as an accessory use within said active recreational sports and entertainment facility. [Added 2-14-1995 by Ord. No. 8-95]

ADULT ENTERTAINMENT USES [Added 2-14-1995 by Ord. No. 6-95]

       A. Includes uses, alone or in combination, such as the following:

       (1) ADULT BOOKSTORE An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, novelty items, movies and/or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, or an establishment with a segment or section devoted to the sale or display of such material.

       (2) ADULT MOTION PICTURE THEATER An enclosed building with a capacity of 50 or more persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.

       (3) ADULT MINI MOTION-PICTURE THEATER An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.

       (4) CABARET An establishment which features go-go dancers, exotic dancers, strippers or similar entertainers or employees.

       B. For the purpose of this definition, "specified sexual activities" is defined as human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genitals, pubic region, buttock or/female breast; and "specified anatomical areas" is defined as less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola and/or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

ALTERATIONS Any change in or rearrangement of structural parts of a building.

ARCADE Any place of business displaying for public patronage or keeping for operation in excess of two mechanical and/or electronic amusement devices.

BASEMENT A portion of a building partly underground but having less than 1/2 of its clear height below finished grade.

BEACH CLUB An establishment owning and/or operating ocean beach property as a bathing beach, whether or not additional recreational facilities are provided, operated on a membership basis and restricted to the use of members and their guests.

BEDROOM Any space or area in a building used for, but not limited to, the following: sleeping facilities, guest room, library, game room, sun room, private office, hobby room, den, sitting room, home gym, loft or any other similar-type use.

BOARD The Planning Board or Zoning Board of Adjustment of the City.

BOARDINGHOUSE Any dwelling in which more than one person is housed or lodged for hire with meals. A nursing, rest, or convalescent home shall not be deemed a boardinghouse. A home for sheltered care of adult persons as defined by N.J.S.A. 30:11A-1 shall not be considered a boardinghouse.

BUFFER STRIP A continuous planting strip of trees and/or shrubs densely planted so as to restrict a clear view beyond such strip. Buffer planting in front yard areas may not exceed four feet in height. Buffer plantings in side or rear yards must be at least six feet in height.

BUILDING Any structure having a roof supported by columns, piers or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods or materials of any kind. [Amended 7-28-2009 by Ord. No. 14-09]

BUILDING, ACCESSORY A subordinate building on the same lot as the principal or main building or use that may be used as an accessory use and may not be used as or converted to a separate dwelling unit, business or principal use. See "building" and "accessory use." [Added 7-28-2009 by Ord. No. 14-09]

BUILDING AREA (GROUND COVER) The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps, except as otherwise provided. (See § 345-11V.) Such areas shall be computed by using outside building dimensions. For the purpose of calculating parking requirements, fees and/or variances, the gross floor area (see definition) and/or gross habitable floor area (see definition) requirements shall apply. [Amended 6-22-1993 by Ord. No. 19-93]

BUILDING HEIGHT The vertical distance measured from the average elevation of the proposed finished grade at each of the corners of the building to the highest point of the building or roof peak, whichever is higher, exclusive of chimneys and similar structures as listed in § 345-10A. Where terracing of roofs is involved, the vertical distance shall be measured from the mean ground level to the highest terrace. (See also "grade, finished.")

BUILDING LINE A line formed by the vertical projection to the ground of the exterior surface of the building on any side. In cases of a cantilevered section of a building or sun parlors and covered porches, whether enclosed or unenclosed, but not including the steps, the vertical projection will coincide with the surface nearest the lot lines. All yards are measured to the building line. However, bay windows, fireplaces and cantilevered or bowed rooms may extend beyond the foregoing, but in no event more than two feet from the rear and front building line only, and shall not exceed 25% of the entire building line. Open columns and roofs over front stairs may also extend beyond the foregoing, but in no event further than six feet toward the street and shall not exceed 12 feet in width. [Amended 8-13-2002 by Ord. No. 31-02]

BUILDING, PRINCIPAL A building within which is conducted the main or principal use of the lot on which such building is situated.

CELLAR A story partly or completely underground and having more than 1/2 of its clear height below the average level of the finished grade at the perimeter of the building.

CERTIFICATE OF OCCUPANCY A certificate issued by the Construction Official upon completed construction, alteration or change of use of a building. The certificate shall acknowledge compliance with all requirements of the State Uniform Construction Code, N.J.A.C. 5:23-1 et seq., as amended. A certificate of occupancy is issued by the Fire Prevention Bureau prior to a change of occupancy of any building. The certificate shall acknowledge compliance with all requirements of the BOCA National Property Maintenance Code, 1996 Edition, as adopted in § 262-21 of this Code. [Amended 7-27-2004 by Ord. No. 26-04; 6-12-2007 by Ord. No. 24-07; 6-25-2013 by Ord. No. 8-13]

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 similar designations, as well as parish houses, convents and such accessory uses.

CLUB, MEMBERSHIP Premises and/or buildings maintained by an organization catering exclusively to members and their guests for social, recreational or athletic purposes, which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.

COMMUNITY FARMERS' MARKET An established area where several farmers/growers gather on a regular, recurring basis to sell a variety of fresh fruits and vegetables as well as other farm products directly to the consumer. [Added 5-26-2009 by Ord. No. 9-09]

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community and shall include but not be limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136, (N.J.S.A. 26:2H-1 et al.). [Amended 11-10-1998 by Ord. No. 38-98; 2-23-1999 by Ord. No. 14-99]

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), 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 physiological welfare. [Amended 11-10-1998 by Ord. No. 38-98; 2-23-1999 by Ord. No. 14-99]

CONDITIONAL USE A use permitted in a particular zoning district only upon a showing that such a use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the provisions of this chapter and upon the issuance of an authorization therefor by the Planning Board.

CONVENIENCE STORE Typically a store dedicated to the selling of foodstuffs and/or general merchandise which is specifically designed to provide a limited stock-in-trade and which caters to quick in-and-out shopping. A convenience store may contain a delicatessen or prepared food section. A convenience store may contain not more than two coin-operated amusement machines. The maximum floor area allowed for a convenience store is 3,000 square feet.

COVERAGE That percentage of the plot or lot area covered by the building area.

CRAWL SPACE An unfinished area of five feet or less in height between ground level and floor joists or ceiling joists and roof rafters suitable for storage but not habitation.

DELICATESSEN A business venture primarily concerned with the retail sale of groceries, cooked meats, hors d'oeuvres, prepared salads and sandwiches. As an adjunct to such use, a delicatessen may set aside no more than 30% of the overall area of the store for an on-site dining area.

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

DEVELOPMENTALLY DISABLED PERSON A person who is developmentally disabled as defined in § 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23,[3] 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. [Amended 11-10-1998 by Ord. No. 38-98; 2-23-1999 by Ord. No. 14-99]

DWELLING, MULTIFAMILY A detached building containing five or more dwelling units.

DWELLING, ONE-BEDROOM APARTMENT Includes the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a bedroom; and/or outdoor patio. No additional room shall be permitted excepting hallways and suitable closet and storage space unless such extra room is clearly designated as an additional bedroom.

DWELLING, ONE-FAMILY A detached building and dwelling unit designed for or occupied exclusively by a reasonable number of persons (in relation to available sleeping and bathroom facilities), living and cooking together as a bona fide single housekeeping unit, exclusive of household servants, and constituting a stable and permanent living unit of a distinct domestic character, in a traditional family unit or the functional equivalent thereof, using certain rooms and housekeeping facilities in common. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization which is not a recognized religious order and shall not include boardinghouses or dormitories. [Amended 10-10-2000 by Ord. No. 36-00; 7-27-2004 by Ord. No. 26-04]

DWELLINGS, STANDARDS TO BE APPLIED For all dwellings in the City of Long Branch, the following standards are adopted by reference: In accordance with the provisions of N.J.S.A. 40:49-5.1, the BOCA National Property Maintenance Code, 1996 Edition, excluding Section PM-11.0, et seq., Means of appeal, is hereby adopted as the standard governing supplied utilities, facilities and other physical things and conditions to make buildings and dwellings, both residential and nonresidential, safe, sanitary and fit for human habitation, occupancy or use. A copy of the BOCA National Property Maintenance Code, 1996 Edition, is attached and made a part of this chapter without the text being included therein. [Added 11-28-2000 by Ord. No. 48-00]

DWELLING, THREE-BEDROOM APARTMENT Includes the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom and third bedroom; and/or an outdoor patio.

DWELLING, TWO-BEDROOM APARTMENT Includes the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; and second bedroom; and/or an outdoor patio. No additional room shall be permitted, excepting hallways and suitable closet and storage space, unless such extra room is clearly designated as an additional bedroom.

DWELLING, TWO-, THREE- OR FOUR-FAMILY A detached building containing two, three or four dwelling units, respectively.

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

EDUCATIONAL AND TRAINING FACILITIES FOR MEDICAL CENTER Facilities used in the training, education, research and study by the professional members, as well as the staff and students, as they are related to the recognized medical and allied medical professions.

ESSENTIAL SERVICES The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electric, steam, water or sewage transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, meters, valves and other similar equipment and accessories in connection therewith, including housing for any of the foregoing, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies for the public health or safety or general welfare.

FAMILY A reasonable number of persons (in relation to available sleeping and bathroom facilities) occupying a dwelling unit and living as a bona fide single, nonprofit housekeeping unit, living and cooking together, and constituting a stable and permanent living unit of a distinct domestic character, being a traditional family unit or the functional equivalent thereof, using certain rooms and housekeeping facilities in common. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization which is not a recognized religious order. [Amended 10-10-2000 by Ord. No. 36-00; 7-27-2004 by Ord. No. 26-04]

FARM MARKET A retail outlet normally owned or operated by a producer or farm unit, located on-farm or off-farm, selling products produced by the farm directly to the consumer. [Added 5-26-2009 by Ord. No. 9-09]

FENCE An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure of yard areas.

FRATERNITY HOUSE, COLLEGIATE A building rented, occupied or owned by a general or local chapter of some regularly organized college fraternity, or on its behalf, by a building corporation or association composed of members of alumni thereof, and occupied by members of a local chapter of such fraternity as a place of residence. Fraternity or sorority houses shall not be permitted in any zone within the City.

GARAGE, PRIVATE A building used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business or services for profit are carried on.

GARAGE, PUBLIC Any garage other than a private garage, available to the public, operated for gain and which is used for the storage of automobiles or other motor vehicles, including the supply of gasoline or oil or other fuel for vehicular propulsion.

GARDEN APARTMENT One or more multifamily buildings designed and erected as an integrated development with singleness of use and operation and which utilizes such common facilities as pedestrian walks, parking and garage areas, open space or recreation areas and utility, sanitary and drainage systems.

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

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. In the event that a lot or lots are to be regraded in order to increase the lot height, and as a result building height shall be increased beyond the original allowable height and no other provision of this section requires the prior approval of the same, then in that event, a site plan shall be submitted to the Planning Board of the City of Long Branch. It is the intent of this section of this provision to prohibit the increase of allowable building height by means of the use of mounding, terracing or other devices without the appropriate board reviewing and approving a site plan of such proposed grade changes. However, such approval shall not be required for a single-family home with an increase of lot height of 18 inches or less measured at the average perimeter of the building.

       A. A zoning permit shall be required should any portion of any property be graded more than 18 inches over an area of 5,000 square feet or more, or any portion of any property be graded above three feet, and no site plan review is required. Plans drawn by an appropriate licensed professional, showing existing and proposed evaluations and contours, shall be submitted for review. An escrow shall be posted in a minimum amount of $500 in order for the City Engineers to do a drainage and grading review, to which the applicant will be bound by its conditions or requirements. This requirement shall also apply to any development or grading activity not requiring a site plan review which is located in a floodplain. [Added 4-10-2001 by Ord. No. 12-01]

GROSS FLOOR AREA The sum of the gross horizontal areas of all of the floors of a building measured between the inside face of the exterior walls or from the center line of walls common to two dwelling units.

GROSS HABITABLE FLOOR AREA The sum of the gross horizontal areas of all of the floors of a building measured between the inside face of exterior walls or from the center line of walls separating two units, having a clear ceiling height of six feet or greater. Any cellar, basement, hallways, closets, storage areas, garage space, breezeways, interior patios, enclosed porches or accessory buildings are not to be included in computing gross habitable floor area.

HAIR STYLING SHOP Any establishment duly licensed by the New Jersey Division of Consumer Affairs Board of Cosmetology and Hair Styling to provide those services authorized under the pertinent rules and regulations promulgated by the Office of Administrative Law. Said establishment may also sell related supplies and accessories in such quantities reasonably necessary to fulfill the needs of its customers. [Added 2-14-1995 by Ord. No. 8-95]

HEALTH SPA/GYM An establishment that, by its nature, provides apparatus and/or instruction in various aerobic and/or athletic exercises. [Added 6-22-1993 by Ord. No. 19-93]

HOME OCCUPATION An accessory use of a service character, customarily conducted within a dwelling solely by the residents, which occupies not more than 35% of the gross floor area of the dwelling and does not change the character or any exterior evidence of such secondary use, other than a permitted identification sign, and, in connection therewith, there is not involved the keeping of stock-in-trade. Such occupations as dressmaker, tailor, milliner, typist and instructor in violin, piano or other individual musical instrument, which offer direct personal instruction or services on an individual basis, shall be deemed to be a home occupation. For the purposes of this chapter, this shall mean the accommodation of one individual at any one time on the premises.

HOME PROFESSIONAL OFFICE The office of a member of a recognized learned profession as hereinafter indicated when conducted by a member of the residential family entirely within a residential building and shall include only the office of a doctor, lawyer, architect, engineer and similar learned professional occupations herein restricted, provided that not more than two persons, not resident on the premises, shall be employed upon the premises. The offices shall not occupy more than the equivalent of 40% of the area of the first floor of the principal building. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Studios for dancing instructions, band instrument or voice instruction in groups, tearooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, real estate offices, mortuary establishments, biological or other medical testing laboratory and stores, trades or businesses of any kind not herein excepted shall not be deemed to be home professional offices.

HOSPITAL An institution providing health services under the supervision of licensed physicians, primarily for human inpatients and medical and surgical care for the sick or injured, and including related facilities, central service facilities and staff offices which are an integral part of the facilities.

HOTEL An establishment providing lodging and usually meals for the general public, especially transients. It may include such uses incident to the operation as herein defined as follows: rest rooms, offices, meeting rooms, swimming pools, cabanas, restaurants, cocktail lounges, beauty parlors, barbershops, men's and women's wearing apparel stores, sale of newspapers, periodicals, souvenirs, cigars, cigarettes and novelties, jewelry stores, drug and sundry stores and soda fountains, florist shops and stock brokerage offices. The uses when proposed as part of and in direct support of the above-described establishments shall be conducted within the principal building with the exception of cabanas and swimming pools.

INSTITUTIONAL USES ABOVE GROUND-LEVEL RETAIL Buildings with an educational, religious or charitable use on the second floor or above a building that contains retail on the ground floor. [Added 4-28-2015 by Ord. No. 5-15]

JUKEBOX Any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated for the emission of songs, music or similar amusement.

JUNK OR SALVAGE YARD Any area and/or structure used or intended to be used for selling, buying, storing or trading of used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles, boats or equipment of any kind. The premises on which the deposit or storage of any used, wrecked or otherwise disabled vehicles, boats or other parts occurs for a period of one month or more shall be deemed to be a junkyard.

KINDERGARTEN An establishment where four or more children are kept during the daytime for elementary instruction.

LODGING HOUSE See "boardinghouse" and "rooming house."

LOT A parcel or area of land the dimensions and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.

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

LOT AREA RATIO The minimum lot area in square feet which is required for each dwelling unit.

LOT, CORNER A parcel of land at the junction of and fronting on two or more intersecting streets.

LOT COVERAGE That percentage of the lot area which may be devoted to structure area. (See "structure.") [Amended 6-22-1993 by Ord. No. 19-93]

LOT DEPTH The average horizontal distance between the front and rear lot lines, measured at right angles to the street.

LOT FRONTAGE A lot line or portion thereof which is coexistent with a street line. In the case of a street of undefined width, the lot lines shall be assumed to parallel the center line of the street at a distance of 25 feet therefrom. In the case of corner lots, the smaller of the two lot lines coexistent with street lines shall be considered as the frontage.

LOT LINE Any line designating the extent of existing or intended separate parcels of land according to maps and plats of record filed with the County Recorder, regardless of ownership.

LOT WIDTH The horizontal distance between the side lot lines measured at right angles to its depth and at a point which constitutes the rear line of the required front yard space.

LOT, IRREGULAR (See also § 345-10B.) Any lot which:

       (1) Contains a lot frontage as measured at the street right-of-way line of less than 50% of the minimum lot width requirement;

       (2) Contains any appendages or areas which will not allow for the potential development of any conforming structure or use; or

       (3) Contains more than six sides. [Amended 6-22-1993 by Ord. No. 19-93]

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

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

MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE Any machine which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include, but not be limited to, marble machines, pinball machines, skill ball, mechanical grab machines and any mechanical or electronic video game operation or transaction similar thereto and under whatever name it may be indicated. It shall not include nor shall this definition apply to jukeboxes.

MEDICAL AND ALLIED MEDICAL PROFESSIONAL OFFICES The offices to be utilized by a member of a recognized medical and allied medical profession. Such office shall contain but not be limited to facilities necessary for the treatment, examination, research and study of the problems associated with the uses permitted in the Medical Center (M) Zone.

MEDICAL AND ALLIED MEDICAL PROFESSIONS Those professions necessary for patient care, treatment, examination, study and research in the fields, including but not limited to medical, dental and dental hygiene, optometry, chiropractic, podiatry, psychiatric, psychological, physical therapy and pharmacological professions.

MEDICAL AND CLINICAL LABORATORIES Those facilities utilized by a medical center and/or hospital in the diagnostic, prognostic and physical care and treatment of its patients, as well as facilities used by the medical and allied medical professions.

MEDICAL CENTERS A complex of principal and accessory buildings and facilities utilized in the medical and surgical treatment and care of patients, as well as those buildings and structures used for the maintenance of these buildings and necessary related facilities, to include, but not be limited to, medical and allied medical professional offices, educational and training facilities, laboratories and outpatient medical clinics.

MID-RISE APARTMENT A group of one or more buildings of not more than six stories of dwelling units designed and erected as a project of dwelling units with singleness of use and operation and where joint or communal use is to be made of open areas by the occupants, whether it be for recreation, parking of automobiles or other communal purposes. Parking levels below finished grade shall not be counted toward the six-story limitation.

MOTEL A series of attached units for transient occupancy where each unit has direct access to parking space for use of the unit's occupant. The units shall include facilities for living and sleeping only and shall include a bedroom and a separate bathroom which affords privacy to a person within the room and which is equipped with a flush water closet, a lavatory basin and a bathtub or shower. A motel may include such uses incident to the operation as herein defined as follows: rest rooms, offices, meeting rooms, swimming pools, cabanas, restaurants, cocktail lounges, beauty parlors, barbershops, men's and women's wearing apparel stores, sale of newspapers, periodicals, souvenirs, cigars, cigarettes and novelties, jewelry stores, drug and sundry stores and soda fountains, florist shops and stock brokerage offices. Such uses when proposed as part of and in direct support of the above-described establishment shall be conducted within the principal building with the exception of cabanas and swimming pools.

MOTEL, EFFICIENCY A series of attached units for occupancy where each unit has direct access to parking space for use of the unit's occupant. The units shall include a combination room for living, sleeping, cooking and eating and shall include a bedroom and a separate bathroom which affords privacy to a person within the room and which is equipped with a flush water closet, a lavatory basin and a bathtub or shower. It may include such uses incident to the operation as herein defined as follows: rest rooms, offices, meeting rooms, swimming pools, cabanas, restaurants, cocktail lounges, beauty parlors, barbershops, men's and women's wearing apparel stores, sales of newspapers, periodicals, souvenirs, cigars, cigarettes and novelties, jewelry stores, drug and sundry stores and soda fountains, florist shops and stock brokerage offices. Such uses when proposed as part of or in direct support of the above-described establishment shall be conducted within the principal building with the exception of cabanas and swimming pools.

MOTOR VEHICLE SERVICE STATION Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances and which may or may not include facilities for lubricating, washing or other minor services to motor vehicles.

NONCONFORMING BUILDING OR STRUCTURE A building or structure which, in its design or location upon a lot, was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the regulations of this chapter for the zone in which it is located by reason of such adoption or amendment.

NONCONFORMING LOT A lot of record existing which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zone in which it is located by reason of such adoption or amendment.

NONCONFORMING USE A use of a building or of land which conformed to the lawful requirements for the zone in which it is located prior to the adoption or amendment of this chapter, but which fails to conform to the regulations of this chapter for the zone in which it is located by reason of such adoption or amendment.

NURSERY A privately operated establishment where four or more children under six years of age are kept during the daytime while their parent or parents are at work or otherwise engaged.

NURSING, REST OR CONVALESCENT HOME A health facility licensed by the City where persons are housed and furnished with meals and continuing nursing care in return for compensation and under the general supervision of a licensed physician or registered nurse. A home for the sheltered care of adult persons as defined by N.J.S.A. 30:11A-1 shall not be considered a nursing, rest or convalescent home.

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

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.

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 or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

OPEN SPACE, COMMON 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.

OPEN SPACE, PUBLIC An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, state or county agency or other public body for recreational or conservational uses.

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

PARKING AREA A public or private area, designated and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas. [Added 4-24-2012 by Ord. No. 8-12]

PARKING LOT An off-street, ground-level open area that provides temporary storage for motor vehicles. See "parking area." [Added 4-24-2012 by Ord. No. 8-12]

PARKING SPACE An off-street space available for the rectangle parking of a motor vehicle and which in this chapter is held to be at least nine feet in width and 18 feet in length, exclusive of passageways appurtenant thereto and giving access thereto.

PERMANENT RESIDENT The owner/occupant of a one-family dwelling or a tenant or group of tenants, the majority of whom have resided in the one-family dwelling for a continuous period of two years, or who have a written lease for the premises of at least two years' duration, or have resided in the premises for at least one year and have a lease for at least one additional year at the time an application is made. [Added 6-12-2007 by Ord. No. 24-07]

PIER A structurally sound combination of materials which extends from the westerly side of the state bulkhead for a minimum distance of 300 feet east of the existing mean high-water mark.

PLACE OF WORSHIP (See "church.")

PLANNING BOARD The Planning Board of the City.

PORTABLE CONTAINERIZED PROPERTY STORAGE FACILITY (PCPSF) A temporary portable containerized property storage facility or unit intended to be utilized upon the exterior of residential premises for the purpose of storing all types of items of personal and household property either for pure storage or to facilitate the moving of persons from household unit to household unit, with the understanding that such unit, after the period of time as noted in § 345-11P, will be moved to commercial storage facilities. [Added 12-27-2011 by Ord. No. 40-11]

PROFESSIONAL OFFICE The office of a member of a recognized profession, which shall be so designated by the approving authority upon finding by such approving authority that such occupation is professional in character and requires licensing and training and experience as a condition for the practice thereof, and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to any greater extent than would the permitted uses listed in that zone. The issuance of a state or local license for regulation of any such occupation shall not, alone, be deemed indicative of professional standing. When such office is combined with a residence, the conditions of home occupation or, where applicable, home professional office shall apply.

PUBLIC AREAS

       A. Public parks, playgrounds, trails, paths and other recreational areas.

       B. Other public open spaces.

       C. Scenic and historic sites.

       D. Sites for schools and other public buildings and structures.

RECYCLING PLANT An establishment where glass, metal, aluminum and paper waste products are brought for separation, preparation, storage and disposal. All facets of the recycling process are to take place indoors, except that the finished product may be stored outdoors within containment walls that are not visible to the public.

RESTAURANT An establishment at which prepared food is sold for consumption by patrons seated within an enclosed building.

RESTAURANT, DRIVE-IN An establishment where prepared food, soft drinks, ice cream and/or similar confections are sold to patrons for consumption outside the confines of the principal building or in an automobile parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided within the principal building for the patrons.

ROOMING HOUSE/LODGING HOUSE Any dwelling in which more than one person is housed or lodged for hire without meals. A lodging house, rooming or furnished rooming house shall be deemed a rooming house, but a nursing, rest or convalescent home shall not be deemed a rooming house. A home for sheltered care of adult persons as defined by N.J.S.A. 30:11A-1 shall not be considered a rooming house. The housing of outpatients from institutions shall not be permitted.

SCREENING A visual barrier of plant materials as described in the definition of "buffer strip," or appropriate fencing or other materials which may be agreed to by the Planning Board.

SEASON No more than six continuous months in any one calendar year. [Added 4-24-2012 by Ord. No. 8-12]

SECONDHAND STORE Any establishment selling used merchandise as a significant part of its business. For the purposes of this chapter, pawn shops, used furniture stores and thrift stores shall be considered secondhand stores, while dealers of books, antiques, collectibles or memorabilia are not considered secondhand stores. [Added 2-14-1995 by Ord. No. 8-95]

SENIOR CITIZENS PROJECT A residential development, including recreation facilities and other appropriate facilities, within which residency shall be restricted to permanent residents of the age of 60 years and over, except for the spouse and one child 18 years or more of age of a qualifying resident.

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. See also "building line."

SIGN Any device, structure or object for visual communication that is used for the purpose of bringing the subject to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious groups. Such signs shall be designed in accordance with Chapter 284, Signs, where applicable.

       A. SIGN AREA The area defined by the frame or edge of a sign. Where there is no geometric frame or edge of this sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the sign.

       B. SIGN, IDENTIFICATION Any sign which shall be used to advertise and identify the activity conducted on the premises where the sign is located.

SITE Any plot, parcel or parcels of land.

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

       A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.

       B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.

       C. A key map.

       D. 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.

SITE PLAN, MINOR Any development plan for one or more lots which is (are) subject to development which:

       A. Requires site plan approval;

       B. In the opinion of the Board's Site Plan Committee, the submitted project is of such a simplistic nature as to merit consideration as a minor site plan;

       C. Meets the requirements set forth in Article IV, Zone District Use Regulations, and contains the information reasonably required in order to make an informed determination as to whether the Board's requirements for approval of a minor site plan have been met; and

       D. Meets the following conditions:

       (1) The construction of drainage facilities is not required either on or off site.

       (2) The proposed development conforms to the performance standards set forth in § 345-45.

       (3) The proposed development does not involve planned development.

       (4) The proposed development will not require the issuance of a Coastal Area Facilities Review Act permit.

       (5) The proposed development does not involve any new street or the extension of any existing street.

       (6) The proposed development does not involve the extension or construction of any off-tract improvement.

       (7) The proposed development, if new construction, requires 10 parking spaces or less or if a change of use of an existing facility or addition to an existing facility and less than five spaces are required.

       (8) The proposed development consists of new construction or an addition, either of which are less than 1,000 square feet.

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

SOIL CONSERVATION DISTRICT A governmental subdivision of this state, which encompasses this municipality, organized in accordance with the provisions of Chapter 24, Title 4, N.J.S.A. (Freehold Soil Conservation District).

SPLIT-LEVEL DWELLING A residential building consisting of two or more levels of living area, on or above grade, connected by two or more flights of stairs containing at least five steps each.

STORAGE The act of storing goods or the state of being stored; a space for storing goods. [Added 12-27-2011 by Ord. No. 40-11]

STORY The portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

STORY, HALF A story under a sloping roof with the exterior walls at least two feet and not more than five feet above the floor of such story.

STREET A public thoroughfare which has been dedicated or deeded to the public for public use which has been improved in accordance with municipal standards.

STREET LINE That line determining the limit of the street rights of the public, either existing or contemplated.

STRUCTURE A combination of materials to form a construction on, under or above ground level and that is safe and stable and includes, among other things: buildings, parking areas, driveways, walkways, patios, decks, stadiums, platforms, radio/television towers, satellite dishes, sheds, storage bins, garages, fences, walls, pools and display signs. [Amended 6-22-1993 by Ord. No. 19-93]

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 this chapter, if no new streets are created:

       A. 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.

       B. Divisions of property by testamentary or intestate provisions.

       C. Divisions of property upon court order, including but not limited to judgments of foreclosure.

       D. Consolidation of existing lots by deed or other recorded instrument.

       E. 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 City. The term "subdivision" shall also include the term "resubdivision." (See also Chapter 300, Subdivision, § 300-4, Definitions.)

SUPERMARKET A full-service store which is dedicated to providing a complete stock of foodstuffs and ancillary goods. A supermarket may contain a delicatessen or prepared food section. The minimum floor area allowed for a supermarket is 3,001 square feet.

SWIMMING CLUB, PUBLIC A privately or publicly owned pool or oceanfront beach, open to the general public and having no appurtenant facilities other than dressing room facilities, an enclosed snack bar serving patrons only and off-street parking facilities.

SWIMMING POOL, PRIVATE A private swimming pool associated with a residential dwelling unit or units and located on an individual, residential lot. Swimming pools may not be located in any front yard area and cannot be located closer than 10 feet to any side or rear yard lot lines.

TATTOO PARLOR Any establishment engaged in the application to the human skin of permanent body art or makeup. [Added 2-14-1995 by Ord. No. 8-95]

TELECOMMUNICATIONS DEVICES/ARRAYS See § 345-10I. [Added 5-8-2001 by Ord. No. 17-01]

TEMPORARY STRUCTURE A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period. [Added 4-24-2012 by Ord. No. 8-12]

TOWER APARTMENT A group of one or more buildings of more than six stories of dwelling units designed and erected as a project with singleness of use and operation and where joint or communal use is to be made of open areas by the occupants, whether it be for recreation, parking of automobiles or other communal purposes. One level of parking may be below the six stories of dwellings.

TOWNHOUSE (TOWNHOUSE DWELLING UNIT) One of a series of single-family dwelling units which is attached by a common fireproof and sound-resistant wall (which wall shall start at the lowest footing line and go to the underside of the highest roof sheathing) to one or more adjacent units and which has an individual, enclosed and private area, with direct access from the interior of the dwelling unit.

TOWNHOUSE COMPLEX A development project of one or more townhouse structures, including individual townhouse lots and common lands or facilities.

TOWNHOUSE LOT The parcel of land immediately under the dwelling unit which has been or is intended to be conveyed in fee simple to an individual purchaser, together with a townhouse dwelling unit constructed thereon.

TOWNHOUSE PARCEL The entire tract upon which a townhouse complex shall be or has been built.

TOWNHOUSE STRUCTURE A structure containing three or more townhouse dwelling units.

USE The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.

VARIANCE Permission to depart from the literal requirements of zoning regulations pursuant to N.J.S.A. 40:55D-60, Subsections 29.2b, 57 c and 57 d of Chapter 291.

VERTICAL PARKING GARAGES Any multilevel structure constructed for use as a facility for vehicular parking or storage. The levels can be above- or below-grade or both.

VIDEO STORES, RETAIL Any establishment that rents or sells videos, DVDs, compact discs, or other visually viewed technology. [Added 9-25-2001 by Ord. No. 34-01]

       A. Any retail video store which displays or offers for rent or sale obscene material shall display such materials in the rear of the business premises, in a segregated room where no admission to anyone under the age of 18 shall be permitted, which area shall be clearly denoted and marked to indicate such prohibition, and which area shall be constructed in such a way so as to prevent the view of any obscene material to any person under the age of 18.

       B. Utilization of greater than 10% of the floor area of the interior of the establishment for the display of obscene material shall be presumptive evidence of the use of said premises being for adult entertainment purposes.

       C. For purposes of this definition "obscene material" means any description, narrative account, display or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film, video, DVD, or other recording, which by means of posing, composition, format or animated sensual details:

       (1) Depicts or describes in a patent or offensive way ultimate sexual acts, normal or perverted, actual or simulated, masturbation, exploitatory functions, or lewd exhibition of genitals.

       (2) Lacks serious literary, artistic, political or scientific value when taken as a whole.

       (3) Is a part of a work which, to the average person applying contemporary community standards, has a dominant theme, taken as a whole, which appeals to the prurient interest.

       D. Any person or corporation who shall violate or fail to comply with the provisions of this definition shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or both.

       E. This definition shall be enforceable by the Zoning Officer, Code Enforcement Officer, or any designee thereof of the City of Long Branch, or any law enforcement officer of the State of New Jersey.

       F. Display. In this definition, "display" shall be defined as the offering for sale or rent or display of an item, good, ware, publication or product through visible presentation of same to the general public.

YARD

       A. FRONT An open, unoccupied space on the same lot with the principal building, extended the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. Setback line shall be synonymous with the rear limit of the required front yard area.

       B. REAR A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the principal building on the same lot. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building line.

       C. SIDE An open, unoccupied space between the side line of the lot and the nearest building line and extending from the front yard to the rear yard, or in the absence of either side yards, to the street 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.

ZONING BOARD OF ADJUSTMENT The officially established Board of Adjustment of the City.

ZONING PERMIT A permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone district in which it is located or is to be located or variance therefrom duly authorized pursuant to N.J.S.A. 40:55D-60 or 40:55D-70 and the City Code.

FLOODPLAIN shall mean the areas, usually a relatively flat or low land area adjoining a river, street, watercourse, ocean, bay or lake, including the floodway and flood fringe areas, as identified as a flood hazard area per this section;

FLOOD HAZARD AREA shall mean the maximum area of the floodplain which is likely to be flooded once every 100 years. For the purposes of this section, it is the area identified in accordance with Section 1360 of the National Flood Insurance Act of 1968 and delineated as advisory flood hazard zones and special flood hazard areas on the Official FEMA Advisory Flood Map and Insurance Rate Map as defined in Ordinance Chapter 177.

ADMINISTRATIVE AUTHORITY The Planning Board, Board of Adjustment, Construction Office or Zoning Office with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.

APPLICANT A person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment, Construction Office, or Zoning Office to engage in an activity that is regulated by the provisions of this section and that would be located, in whole or in part, within a regulated riparian zone.

DISTURBANCE The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.

RIPARIAN ZONE The land and vegetation within and directly adjacent to all surface water bodies, including, but not limited to, lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), Category One waters as shown on the USGS Quadrangle Map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean or along any man-made lagoon or oceanfront barrier island, spit or peninsula.

RIPARIAN ZONE MANAGEMENT PLAN A plan prepared by a landscape architect, professional engineer or other qualified professional that evaluates the effects of any proposed activity or use on any riparian zone. The plan shall identify existing conditions, all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to any affected riparian zone.

INSTITUTIONAL USES ABOVE GROUND-LEVEL RETAIL Buildings with an educational, religious or charitable use on the second floor or above a building that contains retail on the ground floor.

ARTISAN LOFT BUILDINGS Buildings, such as former commercial, industrial or institutional buildings, with open floor plans in a loft style that are adaptable for live-work use by artisans, craftsmen, artist work spaces, studios, etc., of various sizes and configurations and where support facilities are shared by various commercial tenants or unit owners in a fashion similar to a business "incubator" in order to keep costs affordable for start-up enterprises.

HOTEL A building containing seven or more living or sleeping rooms designed to be occupied by individuals or groups for compensation.

LIVE-WORK UNITS Any dwelling unit that includes attached work space, whether shared in common with other dwelling units as a "limited common element" of a condominium or used exclusively by the occupant of the dwelling unit. Such attached work space may include a kitchen and recreational space to facilitate live-work activities, but shall not constitute a separate dwelling unit.

PROJECT One or more contiguous parcels on the same block or fronting on the same street, developed in accordance with this section and designed to function as a single development.

TRANSIT SUPPORT FACILITIES Buildings or structures designed and intended to support the use of mass transit and that are owned or leased by New Jersey Transit, including but not limited to the Long Branch Train Station. "Transit support facilities" shall include public or privately owned surface and structured parking facilities on Block 492 or Block 157 that are used in whole or in part by transit users and commuters, whether or not by permit.

SCATTERED SITE HOUSING A form of attached owner occupied housing not to exceed two units per structure, which must consist of a minimum of 10 units of proposed project. Said structures may exist on nonadjacent properties; however all initial proposed units/structures must be contained within one Planning Board application.

BUSINESS IMPROVEMENT DISTRICT (BID) The generic term that includes New Jersey's Special Improvement Districts (SID's) under the District Management Act of 1984. A legally defined method by which properties can be assessed for specified purposes, typically services, and under some conditions physical improvements. New Jersey law allows District Management Corporations to borrow for no more than 180 days.

CONCEPT PLAN Plans that may precede Master Plan in which desired improvements are illustrated and suggestions made regarding land uses and other elements.

DENSITY The relationship of a unit of geography (e.g., acres, miles) to the number of housing units or to some demographic data (e.g., persons per square mile) or economic statistics (e.g., purchasing power or stores or sales per square mile, etc).

ECO-TOURISM A branch of the tourism industry that specializes in travel and other arrangements that enable people to enjoy rare natural areas, e.g., safaris, climbing in the Rockies, undersea diving, etc. Two areas in New Jersey offering this possibility include the Brigantine Wildlife Refuge and fall birdwatching at Cape May.

ENTERPRISE ZONE State-approved area within designated municipalities in which tax incentives are available to encourage investment and, in selected instances, sales taxes (on selected items) are reduced by 50% and the receipts placed in a fund for state-approved projects. A state-mandated local Board makes recommendations for funding to the City Council and the State Enterprise Board.

FINDING OF NEED FOR REDEVELOPMENT The step precedent to the adoption of a Redevelopment Plan is the process defined in the housing and redevelopment statutes by which an area is declared in need of redevelopment. To warrant the finding, a study must show evidence of meeting at least one of seven statutory tests. Recommended by the Planning Board and adopted by the governing body.

MASTER PLAN Term used in State Municipal Land Use Law to indicate an adopted general plan for a municipality to guide zoning, public investments and related matters. Required elements include land use, housing, circulation, etc. Should be reviewed every six years and updated as necessary.

REDEVELOPMENT AREA Area found in need of redevelopment for which a Redevelopment Plan has been adopted.

REDEVELOPMENT PLAN A step in the process mandated by state housing and redevelopment statutes and the Constitution whereby localities can condemn properties for private redevelopment and can award tax incentives to encourage redevelopment. Plan provides guidance for land use and meets various statutory tests. Plan is prepared for the Planning Board and adopted or modified by the governing body.

REVITALIZATION A popular word referring to the process of improving an area, usually commercial, economically visually or otherwise. Not a legally defined term.

TAX INCREMENT FINANCING (TIF) A method by which the added increment of taxes anticipated to be realized from a real estate project (above the existing revenue level) can be used as the basis to bond for acquisition of land, infrastructure or other purposes defined in each state law. New Jersey does not now have such legislation.

ZONE An area of a City in which specific land use requirements regarding what can and what cannot be built are included in the adopted Zoning Code.

ZONING Adopted codes that implement the Master Plan's directions regarding land use.

ADDITION The construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any landmark.

ADMINISTRATIVE OFFICER The person designated to handle the administration of building permit applications as referenced in this article.

AFFECTING A LANDMARK OR HISTORIC DISTRICT Any act which alters or changes an historic landmark.

ALTERATION Any work done on any existing improvement which:

       (1) Is not an addition to that improvement; or

       (2) Changes the appearance of the exterior surface of any improvement.

BUILDING A structure created to shelter human activity of any kind.

DEMOLITION The partial or total razing or destruction of any building, structure, or of any improvement within or on an historic site or of any historic landmark.

HISTORIC DISTRICT A geographically definable area (but not including any City-designated areas in need of redevelopment) possessing a significant linkage, or continuity of sites, buildings, structures, and/or objects which when viewed collectively:

       (1) Represent a significant period in the development of the City; or

       (2) Have a distinctive character resulting from their architectural style; or

       (3) Because of their distinctive character, can readily be viewed as an area or neighborhood distinct from surrounding portions of the City.

HISTORIC DISTRICT RESOURCES Resources within an historic district shall be classified either as "key," "contributing," or "noncontributing," which are defined as:

       (1) KEY Any buildings, structures, sites or objects which due to their significance would individually qualify for landmark status.

       (2) CONTRIBUTING Any buildings, structures, sites or objects which are integral components of the Historic District either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant.

       (3) NONCONTRIBUTING Any buildings, structures, sites or objects which are not integral components of the Historic District because they neither date from a time period for which the district is significant nor represent an architectural type, period, or method for which the district is significant.

HISTORIC PROPERTIES Any buildings, structures, sites, objects, or districts which possess integrity of location, design, setting, materials, workmanship, or association (but not including any of the aforegoing which are located in any City-designated areas in need of redevelopment), and which have been determined pursuant to the terms of this article to be:

       (1) Of particular historic significance to the City of Long Branch by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state, county or community;

       (2) Associated with historic personages important in national, state, county or local history;

       (3) The site of an historic event which had a significant effect on the development of the nation, state, county, City or neighborhood;

       (4) An embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering;

       (5) Representative of the work of an important building, designer, artist, engineer or architect;

       (6) Significant for containing elements of design, detail, materials, or craftsmanship which represent a significant Innovation; or

       (7) Able or likely to yield information important in prehistory or history.

IMPROVEMENT Any structure or any part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 120 continuous days.

OBJECT A thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting, environment or event.

REPAIR Any work done on any improvement which:

       (1) Is not an addition to the improvement;

       (2) Does not change the exterior architectural appearance of any improvement.

REPLACEMENT The act or process of replicating any exterior architectural feature that is used to substitute for an existing and deteriorated or extensively damaged architectural feature.

SITE The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may both have been actively occupied. A site may also be the location of a ruined building, structure or object if the location itself possesses historic, cultural or archaeologic significance.

SITES OF HISTORIC INTEREST Any buildings, structures, sites, objects or districts which, although not given historic landmark designation under this article, are an important historical asset to the community which it is felt would benefit from the advice and input of the Commission.

STRUCTURE Any man-made work arranged in a definite pattern of organization.