ADMINISTRATIVE OFFICER shall mean the Borough Administrator or his designee or such other person as the Borough Council may designate by resolution.
ALTERATIONS as applied to a building or structure, shall mean a change or rearrangement in the structural supports; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure or making any changes in a building or structure which is effected by any provision of this Chapter.
ANIMATED OR MOVING SIGN shall mean any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.
ANTENNA shall mean a conventional apparatus other than an earth or ground terminal used for the reception of television, radio and amateur radio communications.
APARTMENT shall mean a dwelling designed and occupied by one household or family and located in a multi-family structure.
APARTMENT HOUSE shall mean a structure housing at least three (3) multi-family dwelling units in building of three (3) or more stories and/or having a single entrance per building.
APPLICANT shall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENT shall mean the application form, affidavit, survey, narrative, and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
APPROVING AUTHORITY shall mean the Planning Board unless a different agency is designated in this Chapter when acting pursuant to the authority of N.J.S.A. 40-55D-1 et seq.
AUTOMOBILE REPAIR SHOP shall mean the same as "Motor Vehicle Repair Garage."
AUTOMOBILE SALES AGENCY shall mean a place of business where the primary purpose is the sale of new motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities with or without a used car lot on the same business premises or immediately adjacent thereto.
AUTOMOBILE SERVICE STATION shall mean the same as "Motor Vehicle Service Station."
AWNING SIGN shall mean a sign that is mounted or painted on the drop-leaf (fringe) of an awning.
BASE FLOOD ELEVATION shall mean the elevation, based on mean sea level, of a flood that has a one (1%) percent or greater chance of occurrence in any given year as established by the Federal Insurance Administration of the
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration.
BASEMENT shall mean a story partly underground and having more than one-half (1/2) of its height above the average level of the finished grade at the front of the building. "Basement", for purposes of Chapter XXII, "Flood Hazard Prevention", shall mean any area of the building having its floor subgrade (below ground level) on all sides.
BILLBOARD shall mean a structure including panels of poster paper attached to it, utilized for advertising an establishment, an activity, a product, a service or entertainment and has an area equal to or greater than two hundred (200) square feet.
BLOCK shall mean the length of a street between two (2) street intersections.
BOARD OF ADJUSTMENT shall mean the Board established pursuant to N.J.S.A. 40:55D-69. The term "Board of Adjustment" as used in this Chapter also means the Planning Board when it is acting pursuant to N.J.S.A. 40:55D-60.
BOARD OF ADJUSTMENT ENGINEER shall mean the licensed New Jersey Professional Engineer specifically retained by the Board of Adjustment (or assigned by the Borough Engineer with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of a Board of Adjustment Engineer, the Borough Engineer may assume the duties of the office.
BOARDING OR LODGING HOUSE shall mean any dwelling for hire in which more than two (2) persons are housed or lodged, with or without meals.
BOATYARD shall mean any waterfront facility where docking accommodations and/or land-dry-storage accommodations for any watercraft, such as power boats, sailboats or row boats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A boatyard shall be deemed to include all auxiliary and accessory services as chandlery, gasoline sales and rental business activities related to the primary use.
BOROUGH shall mean the Borough of Red Bank.
BUFFER AREA shall mean a strip of land which separates multi-family, commercial, office or industrial-type districts or uses from adjoining residential districts or uses so as to allow adequate screening or view, noise or activity taking place within these districts from adjoining residences. Within any such buffer area, no buildings, structures, driveways, parking or loading area or other use of the land shall be permitted unless otherwise provided in this Chapter.
BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
BUILDABLE AREA shall mean that central portion of any lot between required yards and/or setback lines.
BUILDING AREA shall mean the total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having vertical faces, which at all points are less than three (3') feet above the level of the ground.
BUILDING HEIGHT shall mean the vertical distance measured from the average elevation of the finished grade at all corners of the building to the highest point of the roof for flat roofs; to the mean height level (between the eaves and ridge) for gable and hipped roofs; to the deck line for mansard roofs.
BUILDING LINE (SETBACK LINE) shall mean the line beyond which a building shall not extend unless otherwise provided in this Chapter.
BUILDING PERMIT shall mean a permit issued for the alteration or erection of a building or structure in accordance with the provisions of the Building Code of the Borough.
BUILDING, PRINCIPAL shall mean a structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.
BULK STORAGE shall mean the stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including, but not limited to, sand, gravel, dirt, asphalt,lumber, pipes, plumbing supplies, metal, concrete and insulation.
BUSINESS OFFICE shall mean a business establishment which does not offer a product or merchandise for sale to the public, but offers or provides a service, primarily administrative or clerical in nature. Business offices are all those offices which are not professional or medical offices and include but are not limited to the following:
a. Insurance companies.
b. Trade associations.
c. Real Estate companies.
d. Investment brokerage houses.
e. Advertising or public relations agencies.
f. Computer and data processing.
g. Management and consulting services.
h. Adjustment and collection services.
i. Consumer credit reporting agencies.
A permitted business office use may include professional office uses. A maximum of one-third (33 1/3%) percent of gross floor area of a business office use may be utilized for medical or dental offices (see Subsection 25-8.21).
CAPITAL IMPROVEMENT shall mean a governmental acquisition of real property or major construction project.
CARPORT shall mean a covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.
CELLAR shall mean a story wholly or partly underground and having more than one-half (1/2) of its clear height below the average level of the adjoining ground.
CERTIFICATE OF COMPLETENESS shall mean a certificate issued by the Administrative Officer after all required submissions have been made in proper form, certifying that an application for development is complete.
CERTIFICATE OF OCCUPANCY shall mean a certificate issued upon completion of construction and/or alteration of any building; or change in use of any building; or change in occupancy of a nonresidential building. Said certificate shall acknowledge compliance with all requirements of this Chapter, such adjustments thereto granted by the Board of Adjustment or Planning Board and/or all other applicable requirements.
CHANGE IN USE shall mean:
a. Any change from an industrial use to any other industrial use;
b. Any increase in the number of dwelling units in a structure which would result in two (2) or more total units;
c. Any change from any nonresidential use to any other use for which any standard set forth in this Chapter is greater or more restrictive;
d. Any change from a residential use to any nonresidential use;
e. Any change in use from any existing or permitted use to any conditional use;
f. Any change from any existing or permitted use to any permitted use which can be classified as being in a category lower on the following list than was the original use:
1. Single Family Residential
2. Two Family Residential
3. Multi-Family Residential
4. Professional Office
5. Other Office
6. Retail Business
7. Other Business and Commercial, except Industrial
CHURCH shall mean a building or group of buildings, including customary accessory buildings designed or intended for public worship. For the purpose of this Chapter, the word "Church" shall include chapels, congregations, cathedrals, temples, and other similar designations, as well as parish houses, rectories, convents and such accessory uses as social halls.
CIRCULATION shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transhipment points.
CLUBHOUSE shall mean a building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
COMMERCIAL EARTH TERMINAL shall mean any type of earth terminal not defined as a personal earth terminal.
COMMERCIAL PARKING FACILITY shall mean an area, structure or other facility, other than a street or public way, used for the parking of motor vehicles for a charge or fee, also see Garage, Public, Parking Area, Public and Vertical Parking Garage.
COMMON OPEN SPACE shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPLETE APPLICATION shall mean an application for development which complies in all respects with the appropriate submission requirements set forth in this Chapter, including an application form completed as ,specified by ordinance and the rules and regulations of the Municipal Agency, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat; provided that the Municipal Agency may require such additional information not specified in this Chapter, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Municipal Agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in this Chapter and in the rules and regulations of the Municipal Agency, and shall be deemed complete as of the day it is so certified by the Administrative Officer for purposes of the commencement of the time period for action by the Municipal Agency.
CONDITIONAL USE shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this Chapter, and upon the issuance of an authorization therefor by the Municipal Agency.
CONSTRUCTION SIGN shall mean a temporary sign erected on premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors and similar artisans, and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project.
CONVENTIONAL DEVELOPMENT shall mean development other than planned development.
CORNER LOT shall mean a lot on the junction of and abutting two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five (135) degrees.
COUNTY MASTER PLAN shall mean a composite of the Master Plan for the physical development of Monmouth County with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD shall mean the Planning Board of the County of Monmouth.
COURT shall mean an unoccupied open space on the same lot with a building, which is bounded on three (3) or more sides by building walls.
COVERAGE shall mean the same as "Lot Coverage."
CRITICAL AREA shall mean a sediment-producing highly erodible or severely eroded area.
CURB LEVEL shall mean the officially established grade of the curb in front of the midpoint of the front lot line.
DAYS shall mean calendar days.
DENSITY shall mean the permitted number of dwelling units per gross area of land to be developed (see "Residential Density-Gross").
DEVELOPER shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, or of any mining, excavation or landfill, and any use or change in the use of any building or structure, or land or extension of use of land, for which permission may be required pursuant to this Chapter. "Development", for purposes of Chapter XXII, "Flood Hazard Prevention", shall mean any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filing, grading, paving, excavation or drilling operations located within the area of special flood hazard.
DEVELOPMENTALLY DISABLED shall mean exerpiencing a disability which originates before eighteen (18) years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap, and which is attributable to mental retardation, cerebral palsy, epilepsy, autism, or other conditions found by the Commission of Human Services to give rise to an extended need for similar services.
DEVELOPMENTALLY DISABLED PERSON shall mean a person who is developmentally disabled as defined in N.J.S.A. 30:11B-2, and "mentally ill person" means a person who is afflicted with mental illness as defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
DEVELOPMENT PERMIT shall mean a document signed by the Administrative Officer:
a. Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
b. Which acknowledges that such use, structure or building complies with the provisions of this Chapter or variance therefrom duly authorized by a municipal agency.
DEVELOPMENT REGULATION shall mean this Chapter, official map, ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
DISTRICT shall mean any part of the territory of the Borough, which is designated as a zone on the accompanying zoning map and to which certain uniform regulations and requirements of this Chapter apply.
DIVISION shall mean the Division of State and Regional Planning in the New Jersey Department of Community Affairs.
DRAINAGE shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY shall mean the lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DRIVE-IN RESTAURANT shall mean the same as Fast Food Service Establishment (auto-oriented).
DWELLING shall mean any building or portion thereof designed or used exclusively for one or more dwelling units.
DWELLING UNIT shall mean 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.
DWELLING, SINGLE FAMILY shall mean a detached building designed for or containing one (1) dwelling unit.
DWELLING, DETACHED TWO FAMILY shall mean a detached building designed for, or containing two (2) dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to the outside of a common cellar.
DWELLING, MULTI-FAMILY shall mean a building designed for, or containing three (3) or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors unpierced, except for access to the outside or a common cellar.
DWELLING, EFFICIENCY APARTMENT shall mean an apartment including the following separate rooms or combination thereof: A bathroom with toilet and bath facilities and a combination living room and bedroom, with a combination kitchen and dining room; or a combination living room, bedroom and dining room with a separate kitchen; or a combination living room, bedroom, dining room and kitchen (provided that the kitchen can be closed off from the remainder of the room). No additional room shall be provided, except hallways and suitable closet and storage space.
DWELLING, ONE BEDROOM APARTMENT shall mean an apartment including the following separate rooms or a combination thereof: A kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area (provided that in no case shall a kitchen be combined with a living room); a bathroom with toilet and bath facilities; and a bedroom. No additional room shall be provided, except hallways and suitable closet and storage space.
DWELLING, TWO BEDROOM APARTMENT shall mean an apartment including the following separate rooms or a combination thereof: A kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area (provided that in no case shall a kitchen be combined with a living room); a bathroom with toilet and bath facilities; a master bedroom; a second bedroom. No additional room shall be provided, except hallways and suitable closet and storage space.
DWELLING, THREE BEDROOM APARTMENT shall mean an apartment including the following separate rooms or a combination thereof: A kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area (provided that in no case shall a kitchen be combined with a living room); a bathroom with toilet and bath facilities; a master bedroom, a second bedroom; a third bedroom. No additional room shall be provided, except hallways and suitable closet and storage space.
DWELLING, TOWNHOUSE shall mean a unit designed for or containing three (3) or more dwelling units, which are entirely separated from each other by vertical walls, unpierced, except for access to the outside.
DWELLING, ATTACHED SINGLE FAMILY shall mean an attached building or part thereof designed for, or containing one (1) dwelling unit, located on a separate building lot, separated by vertical common walls from dwellings located on one or more sides.
DWELLING, DETACHED SINGLE FAMILY shall mean a detached building designed for or containing one (1) dwelling unit.
EARTH AND GROUND TERMINAL shall mean any apparatus or device, commonly known as an earth terminal antenna, earth terminal, earth station, satellite communications antenna, satellite antenna, microwave dish antenna, or dish antenna, and including as part of such apparatus or device the main reflector, subreflector, feed, amplifier and support structure, which is designed for the purpose of transmitting and/or receiving microwave, television, radio, satellite or other electromagnetic energy signals into or from space, but does not include conventional television, radio and amateur radio antenna.
EASEMENT shall mean the right of the Borough, County, State, sewerage authority or other public or quasi-public agency, their agents, servants and employees to use the land subject to the easement for the purposes specified on the plat or in the document granting the easement.
EDUCATIONAL USE shall mean public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the State. Summer day camps shall not be considered as educational uses or accessories to such uses. Duly accredited colleges and universities shall also be considered educational uses.
ENVIRONMENTAL COMMISSION shall mean the Red Bank Environmental Commission, a municipal advisory body, if and when created pursuant to N.J.S.A. 40:56A-1 et seq. Unless and until such commission is created, all duties and responsibilities of the commission shall be assumed by the Municipal Agency.
ENVIRONMENTAL IMPACT REPORT (EIR) shall mean for the purposes of this Chapter a compilation of studies, reports, documents and finding of fact prepared by an applicant as part and for a development application. Said EIR shall be consistent with and shall contain all that information, data and documentation contained in Subsection 25-8.13. An Environmental Impact Statement meeting the requirements of P.L. 1973, Chapter 185 of the Coastal Area Facility Review Act and specifically outlined in Section 7 of said Act will be accepted in lieu of the EIR.
EROSION shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EROSION AND SEDIMENT CONTROL PLAN shall mean a plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Freehold Soil Conservation District.
ESSENTIAL SERVICES shall mean underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables; and including normal above ground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.
EXCAVATION OR CUT shall mean any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXEMPT DEVELOPMENT shall mean that site plan and/or subdivision approval shall not be required prior to issuance of a Development Permit for the following:
a. Construction, additions or alterations related to single-family or two-family detached dwellings on individual lots.
b. Interior alterations which do not increase the required number of off-street parking spaces.
c. Exterior alterations which are not otherwise restricted by this Chapter and, in the opinion of the Administrative Officer: (1) do not materially change the means of access; (2) do not substantially change the architectural design or appearance of a structure; and (3) do not substantially increase the apparent size, shape or mass of a structure.
d. Any change in occupancy which is not a "change in use" (as herein defined) and is not part of a development previously approved for shared parking pursuant to Subsection 25-8.21, p, 3.
e. Any increase in the total number of employees, number of employees in any shift, or the number of vehicles to be stored or parked on the site not exceeding twenty-five (25%) percent of the amount existing at the time of passage of this Chapter or as set forth at the time of a previous site plan approval.
f. Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site.
g. Divisions of property, and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of "Subdivision" contained within this section.
h. Erection of a sign classified as an "Exempt Development" pursuant to Subsection 25-8.27, d, 2.
i. Individual applications for accessory mechanical equipment, accessory storage structures and accessory uses not exceeding one hundred (100) square feet in area, whose operation and location conforms to the design and performance standards of this Chapter and whose installation is on a site already occupied by an active principal use for which site plan approval is not otherwise required.
EXEMPT LOGO shall mean a logo which occupies no greater than twenty (20%) percent of the sign face as authorized by these regulations.
EXTERNALLY ILLUMINATED SIGN shall mean any sign lighted by or exposed to artificial lighting by lights not contained within the sign structure but directed towards the sign.
FAMILY shall mean one (1) or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.
FAST FOOD SERVICE ESTABLISHMENT shall mean a building in which food and drink is served to patrons for consumption either inside or outside the building. An auto-oriented fast food service establishment shall include facilities for serving food and drink to patrons in automobiles and/or shall normally anticipate that the majority of its customers shall arrive in automobiles. A pedestrian-oriented fast food establishment shall serve patrons for consumption inside or outside the building and the majority of its patrons shall normally arrive on foot.
FENCE shall mean an artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
FENCE, OPEN shall mean a fence in which two-thirds (2/3) of the area, between grade level and the top cross member (wire, wood or other material), is open.
FINAL APPROVAL shall mean the official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for the completion, or approval conditioned upon the posting of such guarantees.
FINAL PLAT shall mean the final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provisions of this Chapter.
FLOOR AREA shall mean the sum of the gross, horizontal areas of the floor or floors of a structure including enclosed parking levels, basements and cellars, measured between the inside faces of exterior walls or from the centerline of walls common to two (2) structures or uses. For the purpose of determining required parking, enclosed parking levels will not be considered floor area.
FLOOR AREA, HABITABLE shall mean the sum of the gross horizontal areas of the floor or several floors of a dwelling measured between the inside face of exterior walls or from the centerline of walls separating two (2) dwelling units, having a clear ceiling height of seven feet four (7'4") inches or greater, but not including any unfinished cellar or basement, or any garage space, breezeway, interior patios, enclosed porches or accessory building space.
FLOOR AREA RATIO shall mean the sum of the area of all floors of buildings or structures compared to the total area of the site.
FLASHING SIGNS shall mean any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
GARDEN APARTMENT shall mean a multi-family dwelling unit designed for and occupied by one household or family and located in a two (2) or two and one-half (2 1/2) story structure, normally having an exterior entrance for each one (1) or two (2) units.
GARAGE shall mean a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.
GARAGE, PRIVATE shall mean a garage used as an accessory to the main building, which provides for the storage of motor vehicles and in which no occupation, business, or service for profit is carried on.
GARAGE, PUBLIC shall mean a garage conducted as a business. The rental of storage space for more than two (2) motor vehicles not owned by occupants of the premises shall be deemed a public garage.
GAS STATION shall mean the same as "Motor Vehicle Service Station."
GEOMETRIC shall mean a shape characterized as being either a circle, an ellipse, a parallelogram or a trapezoid.
GOVERNMENTAL SIGN shall mean a sign erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation.
GOVERNING BODY shall mean the Borough Council of the Borough of Red Bank.
GRADE-EXISTING shall mean the existing undisturbed elevation of land, ground, and topography pre-existing or existing on a lot, parcel or tract of land in the Borough at the time of the adoption of this Chapter.
GRADE, FINISHED shall mean the completed surface of lawns, walks and roads brought to grade as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.
GRAPHIC CONTENT OF SIGN shall mean all words, letters, numbers, symbols, colors, shapes, etc. which appear on the sign face and are intended to convey a visual message. Total graphic content coverage of a sign shall be measured by computing the area of the smallest geometric figure which can encompass all words, letters, figures, logos and other elements of the sign message.
GROUND SIGN shall mean any sign supported by either uprights affixed to the ground or supported by a base affixed to the ground.
GROSS FLOOR AREA shall mean the same as Floor Area.
GROSS HABITABLE FLOOR AREA shall mean the same as Floor Area, Habitable.
GENERAL OFFICE shall mean the same as Business Office.
HEALTH CARE FACILITY shall mean the facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis or treatment of human disease, pain, injury, deformity, or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate bio-analytical laboratory (except as specifically excluded hereunder), or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer and excluding such bio-analytical laboratories as are independently owned and operated, and are not owned, operated, managed, or controlled, in whole or in part, directly or indirectly, by any one or more health care facilities, and the predominant source of business of which is not by contract with health care facilities within the State of New Jersey and which solicit or accept specimens and operate predominantly in interstate commerce.
HEIGHT shall mean the same as Building Height or Structure Height.
HEIGHT OF SIGN shall mean the vertical distance measured between average grade at a sign and the highest point of the highest portion of the sign, including any incidental structural element or support.
HIGH WATER LINE shall mean for the purposes of this Chapter a line showing the upper inland wetlands boundary (a biological "high water line") on a series of maps prepared by the State of New Jersey Department of Environmental Protection for the Swimming and Navesink Rivers in accordance with the provisions of "The Wetlands Act of 1970." Said line being established from photographs and each of these maps being on file in the Office of the County Clerk, Monmouth County, New Jersey.
HISTORIC SITE shall mean any real property, manmade structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archeological, cultural, scenic or architectural significance.
HISTORICAL OR ARCHITECTURAL DESIGNATION SIGN shall mean any sign designed to provide information on the architectural or historical qualities of a structure, building or site.
HOLIDAY DECORATION shall mean temporary signs in the nature of decorations, clearly incidental to and customarily and completely associated with any national, local or religious holiday; any other provision of this section to the contrary notwithstanding, such signs may be of any type, number, area, height, location, illumination or animation.
HOME OCCUPATION shall mean any use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling; and provided, further, that no machinery or equipment is used which will cause electrical or other interference with radio and television reception in adjacent residences, or cause offensive noise or vibration. Such activities as clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals, nursery schools, and music or dancing schools other than for individual instruction shall not be deemed home occupations under the terms of this Chapter.
HOME OCCUPATION SIGN shall mean a sign containing only the name and occupation of a permitted home occupation.
HOME PROFESSION shall mean the practice of a "profession" as defined by this Chapter conducted entirely within a dwelling which is the bona fide residence of the principal practitioner.
HOMEOWNERS ASSOCIATION shall mean an incorporated, nonprofit organization operating under a recorded land agreement through which:
a. Each lot owner, condominium owner, stockholder under a cooperative development, or other owner of property or interests in the project shall be a member;
b. Each occupied dwelling unit is subject to a charge for a proportionate share of the expenses for the organization activities and maintenance, including any maintenance costs levied against the association or the municipality; and
c. Each owner and tenant has a right to use the common property.
HOSPITAL shall mean a building or series of buildings, primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the buildings, such related facilities as laboratories, out-patient departments, clinics, training facilities, central service facilities and staff offices. The definition Hospital shall not include nursing homes, medical care centers and the like.
HOTEL shall mean a structure containing twenty-five (25) or more sleeping units devoted mainly to the housing of transient travelers, having on-site parking facilities and permitting accessory uses including but not limited to:
a. Restaurants.
b. Retail and personal service facilities.
c. Banquet facilities.
d. Health Club.
e. Customer laundry and dry cleaning services.
IMPROVED STREET shall mean a street curbed and paved in accordance with the standards set forth in this Chapter for new streets or, alternatively, a street which has been accepted and maintained by the Borough, Monmouth County or the State of New Jersey.
INTERESTED PARTY shall mean: a. in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and b. in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this Chapter and/or pursuant to the provisions of N.J.S.A. 40:55D or whose rights to use, acquire, or enjoy property under the provisions of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this Chapter.
INTERNALLY ILLUMINATED SIGN shall mean any sign lighted by or exposed to artificial lighting by lights completely or partially contained within the sign structure.
INTERIOR OR INSIDE LOT shall mean a lot bounded by a street on one side only.
INTERIOR STREET OR ROAD shall mean a street or road that is developed wholly within a parcel under one ownership and meeting all Borough standards.
JUNK YARD shall mean the use of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery, or parts thereof, provided, however, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural use permitted in any zone. The term "junk yard" as herein defined includes automobile wrecking yards.
LAND shall mean any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the municipality. Such term to also include improvements and fixtures on, above or below the surface.
LAND DISTURBANCE shall mean any activity involving the clearing, grading, transport, filling of land and any other activity which causes land to be exposed to the danger of erosion.
LANDSCAPE-LANDSCAPING shall mean the orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plan materials including incidental use of decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance and to satisfy ground stabilization requirements, all arranged and implemented in accordance with good practice and the requirements of this Chapter, including but not limited to subsection 25-8.4.
LIGHT MANUFACTURING shall mean the fabrication, assembly or processing of goods or materials, or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion, or produce no toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.
LOGO shall mean a letter, word, name, symbol or other graphic representation used as an abbreviation, symbol or identification for business and commercial purposes on various sign types and structures.
LOADING SPACE shall mean an off-street or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such space must have clear means of ingress and egress to a public street at all times.
LOT shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A lot is land occupied or to be occupied by a building, structure and permitted accessory uses, or by a dwelling and its accessory uses together with such open spaces as are specified and required under the provisions of this Chapter, having not less than the minimum area required by this Chapter for lot in the district in which such a lot is situated, and having the required frontage on a street.
LOT AREA shall mean the acreage and/or square footage of a lot contained within the lot lines of the property. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area. Portions of lots encumbered by easements shall be included in calculating lot area.
LOT, CORNER shall mean any lot which occupies the interior angle of the intersection of two (2) streets.
LOT COVERAGE shall mean the area of a lot covered by buildings and structures and accessory buildings or structures and expressed as a percentage of total lot area. For the purpose of this chapter, parking areas and automobile access driveways shall not be included in determining lot coverage to the extent required by ordinance.
LOT DEPTH shall mean the shortest distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line, which shall be not less than ten (10') feet in length measured between its intersections with the side lot lines. On corner lots one side lot line shall be considered a rear lot line for the purpose of determining lot depth only.
LOT FRONTAGE shall mean the horizontal distance of lot lines or portions thereof of which are coexistent with a street line. In the case of a street of undefined width, the lot lines shall be measured to parallel the center line of the street at a distance of fifty (50%) percent of the statutory street right- of-way width therefrom.
LOT LINE shall mean any line designating the extent or boundary of a lot which shall further be defined as follows:
a. Front Lot Line shall mean a lot line or portion thereof which is coincident with a street line and along which lot frontage is measured. (See Subsection 25-5.5b).
b. Rear Lot Line shall mean the lot line most distant and generally opposite and parallel to the front lot line. (See Subsection 25-5.6 c, d, e.)
c. Side Lot Line shall mean any lot line other than a front or rear lot line. (See Subsection 25-5.6 c, d, e.)
LOT WIDTH shall mean the distance between the property side lines, measured at the front yard setback line unless otherwise specified, minimum lot width shall equal minimum lot frontage.
LOUNGE shall mean a business establishment, whether or not offering liquor to its customers, which includes: an area in which patrons may dance occupying five (5%) percent or more of gross floor area and live entertainment, not including entertainment by three (3) or fewer instrumental musicians, but including entertainment by dancers.
MAINTENANCE GUARANTEE shall mean any security which may be accepted by the municipality for the maintenance of any improvements required by development regulations, except that cash may not be required.
MAJOR SITE PLAN shall mean any site plan not classified as a minor site plan or exempt site development.
MAJOR SUBDIVISION shall mean any subdivision not classified as a minor subdivision.
MANUFACTURING shall mean the treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
MARINA shall mean any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats. For the purpose of this Chapter a berthing facility for no more than four (4) boats for a single-family residential property shall be exempt from the parking requirements of Marina.
MASTER PLAN shall mean a composite of one or more written or graphic proposals for the development of the Borough as set forth and adopted pursuant to N.J.S.A. 40:55D-28.
MAYOR shall mean the Mayor of the Borough of Red Bank.
MEDICAL OR DENTAL OFFICE shall mean a type of professional office consisting of one or more medical doctors or doctors of dentistry whose practice involves the diagnosing, treating or prevention of disease or other damage to the body or mind.
MEMORIAL SIGN shall mean a sign type used solely for the purpose of commemorating a person, event or structure in a public or quasi-public area such as a park, plaza or playfield for perpetuity and is governed by the sign regulations in Subsection 25-8.27.
MINOR SIGN shall mean a sign which does not require the issuance of a development permit.
MINOR SITE PLAN shall mean a development plan for one or more lots which is (are) subject to development which:
a. Requires site plan approval, and
b. Meets the requirements set forth in Subsection 25-6.6 of this Chapter and contains the information reasonably required in order to make an informed determination as to whether the requirements established by this Chapter for approval of a minor site plan have been met, and
c. Meets the following conditions:
1. The construction of drainage facilities is not required either on or off-site.
2. New building construction and/or building additions do not exceed one thousand (1,000) square feet of gross floor area.
3. The proposed development does not increase parking requirements by more than five (5) spaces, nor entail or propose the construction of a total of more than fifteen (15) parking spaces.
4. The proposed development conforms to the Flood Plain Management Standards set forth in Subsection 25-5.28 of this Chapter.
5. The proposed development conforms to the performance standards set forth in Subsection 25-5.8 of this Chapter.
6. The proposed development will not require the issuance of a CAFRA Permit.
7. The proposed development does not involve planned development.
8. The proposed development does not involve any new street or the extension of any existing street.
9. The proposed development does not involve the extension or construction of any off-tract improvement, the cost of which is to be prorated pursuant to 40:55D-42.
MINOR SUBDIVISION shall mean any subdivision resulting in not more than two (2) lots plus the remainder of the original lot, all lots fronting on an existing improved street and not involving any new street or road provided that the Municipal Agency or the Subdivision Committee of the Planning Board finds that all of the following conditions have been met:
a. That curbs and sidewalks have been installed or that the developer agrees to install and post performance guarantees for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area.
b. That the subdivision does not require the extension of municipal facilities at the expense of the municipality.
c. That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.
d. That the subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.
e. That the subdivision is not in conflict with any provision or portion of the Master Plan, Official Map or this Chapter or that appropriate variances have been obtained (or must be obtained as a condition of approval).
f. That in the event a drainage fund has been established by the Borough or Monmouth County an assessment has been charged to the lots and has been paid.
g. That no portion of the iands involved have constituted a part of a minor subdivision within two (2) years preceding the application.
h. That the subdivision does not involve (1) a planned development, (2) any new street or the extension of any existing street, or (3) the extension of any offtract improvement, the cost of which is to be prorated pursuant to 40:55D-42.
The Planning Board may also classify consolidations of lots and resubdivisions to readjust lot lines as "Minor Subdivisions" regardless of the number of lots involved.
MOTEL, MOTOR COURT, MOTOR HOTEL shall mean a hotel where each unit has convenient access to a parking space or parking spaces for the use of the unit's occupants.
MOTOR VEHICLE DIAGNOSTIC AND SERVICE FACILITIES shall mean a building or portion of a building or land or portion thereof which is primarily devoted to the light-duty repair and maintenance of motor vehicles, including tune-ups, muffler, brake and alignment repair and excluding autobody repair, auto wrecking and heavy-duty engine repair and rebuilding.
MOTOR VEHICLE REPAIR GARAGE 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 or new or used automobiles or trucks, in which auto body work or the overhauling or replacement of automobiles, automobile parts or any portion thereof, is conducted as a business for profit.
MOTOR VEHICLE SERVICE STATION shall mean any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories and which may include facilities for lubricating, 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.
MULCHING shall mean the application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.
MUNICIPALITY shall mean the Borough of Red Bank.
MUNICIPAL AGENCY shall mean the Planning Board or Board of Adjustment or governing body of the Borough when acting pursuant to N.J.S.A. 40:55D and this Chapter.
MUNICIPAL LAND USE LAW shall mean N.J.S.A. 40:55D (Chapter 291, Laws of N.J., 1975).
NAME PLATE SIGN shall mean a sign giving the name or address, or both, of the owner or occupant of a building or premises on which it is located.
NIGHTCLUB shall mean a business establishment, whether or not offering liquor to its customers, which includes: a) an area in which patrons may dance occupying five (5%) percent or more of gross floor area and/or b) live entertainment, not including entertainment by three (3) or fewer instrumental musicians, but including enter- tainment by what is commonly termed a disc jockey. Entertainment by dancers is not permitted in nightclubs.
NONCONFORMING BUILDING OR STRUCTURE shall mean a building or structure existing at the date of the passage of this Chapter, which in the design or location upon a lot, does not conform to the regulations of this Chapter for the district in which it is located.
NONCONFORMING LOT shall mean a lot the area, dimension or location of which was lawful prior to adoption, revision or amendment of this Chapter, but fails to conform to the requirements of the zone district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING STRUCTURE shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this Chapter, but which fails to conform to the requirements of the zone district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE shall mean a use or activity which was lawful prior to the adoption, revision, or amendment of this Chapter, but which fails to conform to the requirements of the zone district in which it is located by reason of such adoption, revision or amendment.
NON-POINT SOURCE POLLUTION shall mean pollution from any source other than from any discernible, confined, and discrete conveyance, and shall include but not be limited to pollutants from agricultural, silvacultural, mining, construction, subsurface disposal and urban runoff sources.
NURSERY SCHOOL shall mean a school designed to provide day-time care or instruction of two or more children from two (2) to six (6) years of age inclusive, and operated on a regular basis. For the purpose of this Chapter, nursery schools serving five (5) or less children shall be a permitted accessory use in residential zones, and nursery schools serving in excess of twenty-five (25) children shall be considered an educational use.
OCCUPANCY shall mean the specific purpose for which land or a building is used, designed or maintained.
OCCUPANCY PERMIT shall mean the same as Certificate of Occupancy.
OFFICIAL COUNTY MAP shall mean the map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP shall mean a map adopted by Chapter by the Borough Council pursuant to N.J.S.A. 40:55D-32 et seq.
OFF-SITE shall mean located outside the lot lines of the lot in question, but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE shall mean located on the lot in question.
ON-SITE INFORMATION SIGN shall mean any sign commonly associated with, and limited to, information and direction necessary or convenient for persons coming on the property, including signs marking entrances and exits, parking areas, one-way drives, restrooms, pick-up and delivery areas and the like.
ON-TRACT shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN PORCH OR STEPS shall mean a porch or steps with a fixed roof no larger than six (6') feet wide by four (4') feet deep and with no sidewall other than the wall of the structure to which it is attached.
OPEN SPACE shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use 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, UNOCCUPIED shall mean an unoccupied, grassed wooded or landscaped area open to the sky on the same lot with a principal and/or accessory building. Improved sidewalks, paved paths or other pedestrian ways within an unoccupied open space area, which exceeds four (4') feet in width, shall be deducted in determining; the unoccupied open space area. In the CCBD, CBD, SBD-2 and MS zone districts, public passageways and plazas, areas providing required ingress and egress and pedestrian spaces; landscaped and containing amenities for the public such as street furniture or sculptural elements may provide up to fifty (50%) percent of the unoccupied open space requirement. Parking area or traffic channelization islands which are not landscaped or which have an area of less than three hundred fifty (350) square feet shall not be considered as unoccupied open space. Riparian grants may provide up to twenty-five (25%) percent of the unoccupied open space requirement.
OWNER shall mean any individual, family group, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in land, the subject of a development proposal.
PARKING AREA shall mean an open area used for the open storage of motor vehicles and includes any driveways and access drives.
PARKING GARAGE shall mean the same as Garage, Public.
PARKING AREA, PRIVATE shall mean an open area, other than a street, intended for the same use as a private garage, is accessory to a residential or non-residential building or use and not used by the general public.
PARKING AREA, PUBLIC shall mean an area, other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free or as an accommodation of clients or customers.
PARKING SPACE shall mean an off-street space provided for the parking of a motor vehicle with a minimum area of one hundred sixty-two (162) square feet, exclusive of driveways or access drives either within a structure or garage or in the open or as may be otherwise defined in this Chapter.
PARTY IMMEDIATELY CONCERNED shall mean for purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.
PATIO shall mean an area of land not used for receiving and storing material where the ground has been surfaced with construction materials such as brick, stone, cement or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.
PERFORMANCE GUARANTEE shall mean any security, which may be accepted by the Borough, including cash; provided that the Borough shall not require more than ten (10%) percent of the total performance guarantee in cash, in lieu of a requirement that certain improvements be made before the municipal agency approves an application for development.
PERSONAL EARTH TERMINAL shall mean an earth terminal intended solely for the reception of radio and/or television signals from a satellite being employed only for private noncommercial purposes related to a residential use containing fewer than ten (10) dwelling units.
PERSONAL SERVICE ESTABLISHMENT shall mean a business, building or use in which the skills of one (1) or more persons are utilized for the benefit of other persons. Examples of personal services uses include barber and beauty shops, exercise studios, tanning salons, and instruction schools and studios. Personal services do not normally include substantial retail sales or manufacturing, repair, storage or distribution of goods nor are business or professional offices normally considered personal service uses.
PLANNED DEVELOPMENT shall mean planned unit development, planned residential development, residential cluster, planned commercial development or planned industrial development.
PLANNING BOARD shall mean the Borough of Red Bank Planning Board established pursuant to N.J.S.A. 40:55D-76. The term Planning Board as used in this Chapter also means the Board of Adjustment when it is acting pursuant to N.J.S.A. 40:55D-76.
PLANNING BOARD ENGINEER shall mean the licensed New Jersey Professional Engineer specifically retained by the Planning Board or assigned by the Borough Engineer (with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of a Planning Board Engineer, the Borough Engineer may assume the duties of the office.
PLAT shall mean a map or maps of a subdivision or site plan.
PLAT, FINAL shall mean the plat of all or a portion of the development prepared and submitted to the approving authority for final approval. Final plat shall also include and be synonymous with the term final site plan.
PLAT, PRELIMINARY shall mean the plat prepared and submitted to the approving authority as a part of the application for preliminary approval. Preliminary plat shall also include and be synonymous with the term preliminary site plan.
PLAT, SKETCH shall mean the plat prepared and submitted to the approving authority for purposes of classification and discussion in accordance with Section 25-6 of this Chapter.
POLITICAL SIGN shall mean a temporary sign announcing or supporting political candidates or issues in connection with any national, State, County or local election.
PORTABLE SIGN shall mean a sign that is not permanently affixed to a building, a structure or the ground.
PRIVATE SALE OR EVENT SIGN shall mean a temporary sign advertising private sales of personal property at house sales, yard sales, garage sales, rummage sales and the like or private, not-for-profit events such as picnics, sporting events, carnivals, bazaars, game nights, art fairs, craft shows, Christmas tree sales, and the like.
PRELIMINARY APPROVAL shall mean the conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 48 and 49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS shall mean architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scopes, scale, relationship to its site and immediate environs and exterior colors and finishes.
PREMISES shall mean a lot or tract of land or any combination thereof held under a single ownership or control.
PRIMARY FOOD SERVICE ESTABLISHMENT shall mean a business which utilizes a majority of its gross floor area for the purpose of serving patrons food. It may offer alcoholic beverages as a secondary service. This includes most restaurants, however designated. Live entertainment by three (3) or fewer instrumental musicians and an area in which patrons may dance occupying less than five (5%) percent of gross floor area is permitted.
PRIMARY LIQUOR SERVICE ESTABLISHMENT shall mean a business which utilizes a majority of its gross floor area for the purpose of serving patrons alcoholic beverages and may also offer food as a secondary service. Live entertainment is not permitted.
PRIMARY OR PRINCIPAL USE shall mean the primary or principal purpose for which a building, structure or lot is used.
PROFESSIONAL OFFICE shall mean the office of a member of a recognized profession, which shall only include the office of doctors or physicians, psychologists, dentists, optometrists, ministers, architects, professional engineers, professional planners, land surveyors, lawyers, artists, authors, attorneys, musicians, accountants, five or fewer insurance agents, and real estate brokers with five (5) or fewer brokers or sale agents; see also Medical or Dental Office.
PROHIBITED USE shall mean that use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance under N.J.S.A. 40:55D-70D would be necessary, in order to provide that use in that particular zone.
PROJECTING SIGN shall mean a sign other than a wall sign, affixed to a structure in a manner which caused the sign face to project outward, usually but not always, perpendicular to the structure.
PUBLIC AREAS shall mean:
a. Public parks, playgrounds, trails, paths and other recreational areas;
b. Other public open spaces;
c. Scenic and historic sites; and
d. Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAY shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
PUBLIC OPEN SPACE shall mean an open space area conveyed or otherwise dedicated to the Borough or municipal agency, Board of Education, State or County agency, or other public body for recreational or conservational uses.
QUORUM shall mean the majority of the full authorized membership of a municipal agency.
REAL ESTATE SIGN shall mean a sign pertaining to the sale, rental or lease of the premises, or a portion of the premises, on which the sign is located, excluding, however, sold by signs.
REAR WALL SIGN shall mean any sign which is affixed to any exterior wall of any building where such wall does not front a public street but contains a means of public pedestrian access into the building.
RECTANGULAR shall mean a four (4) sided plane figure with four (4) right angles.
RELIGIOUS INSTITUTION BULLETIN SIGN shall mean a ground or wall sign utilized by a church, synagogue or other similar place of religious worship to inform the public of the nature and schedule of planned activities, events or services.
ROOF SIGN shall mean a sign that is mounted upon the roof of a building.
RESIDENTIAL CLUSTER shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY, GROSS shall mean the number of dwelling units, which may be or are developed per acre of land, including areas used for public access and/or open space.
RESIDENTIAL DENSITY, NET shall mean the number of dwelling units, which may be or are developed per acre of land exclusive of areas used for public access and/or open space.
RESUBDIVISION shall mean: a. the further division or relocation of lots lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or b. the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or by other instruments.
RETAINING WALL shall mean a structure more than eighteen (18") inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
ROOMING HOUSE shall mean the same as Boarding House.
SCHOOL shall mean the same as Educational Use.
SCREENING shall mean any concentration or grouping of trees or shrubbery as may be required by this Chapter.
SEDIMENT shall mean solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
SEDIMENT BASIN shall mean a barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other material.
SERVICE ACCESS shall mean that portion of any required yard area which is set aside for the sole purpose of access from the road adjoining the premises to the loading or unloading area on the premises, to service the building erected or the use conducted thereon.
SECONDARY USE shall mean the same as Accessory Use.
SETBACK shall mean the horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines.
SETBACK LINE (BUILDING LINE) shall mean the line beyond which a building shall not extend unless otherwise provided in this Chapter.
SHADE TREE COMMISSION shall mean, if and when established, the Shade Tree Commission of the Borough.
SHOPPING CENTER shall mean an integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants, and auditoriums, housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities and having a minimum total floor area of twenty thousand (20,000) square feet.
SIGN shall mean any writing (including letter, work or numeral), pictorial presentation (including illustration), decoration (including any material or color forming an integral part of other sign elements or used to differentiate such decoration from its background), emblem (including device, symbol or trademark), flag (including banner, balloon or pennant), or any other device, figure, logo, or similar character which:
a. Is located and maintained as a freestanding structure or any part of a structure, or located and maintained on a building or other structure or device by being placed, installed, attached, affixed, fastened, pasted, posted, painted, printed, nailed, tacked or in any other manner thereon or thereto; and
b. Is used to announce, direct attention to, identify or advertise; and
c. Is visible from outside any building or structure; and
d. Is illuminated or non-illuminated.
SIGNABLE AREA shall mean that portion of a building fronting a public roadway or public parking facility extending from the finished grade of the building to the bottom of the lowest second floor window sill or to a height of twenty (20') feet whichever is less, and along the entire length of the building which fronts the public street or public parking facility.
SIGN FACE shall mean the area made available by a sign structure for the purpose of displaying a message.
SIGN SETBACK shall mean the horizontal distance between a sign, measured from the nearest portion of the sign, and any front, side or rear lot line.
SIGN WITH BACKING shall mean any sign that is displayed upon, against or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.
SIGN WITHOUT BACKING shall mean any word, letter, emblem, insignia, figure or similar character, or group thereof, that is neither backed by, incorporated in or otherwise made part of any larger display area.
SITE shall mean any plot, parcel or parcels of land.
SITE PLAN shall mean 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, screening devices; and
c. 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.
SOIL shall mean all unconsolidated mineral and organic material of any origin that overlies bedrock and which canbe readily excavated.
SOIL CONSERVATION DISTRICT shall mean 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).
SPECIAL EVENTS SIGN shall mean a temporary sign advertising coming events, civic or political activities or other similar functions. A special events sign shall not exceed the dimensions of thirty-six by seventy-two (36" x 72") inches.
SPECIAL SALES SIGNS shall mean temporary signs advertising special sales including plastic or cloth flags, banners or similar advertising devices provided they are hung only on the front facade of the building conducting the sale promotion.
STANDARDS OF PERFORMANCE shall mean standards, requirements, rules and regulations:
a. Adopted by this Chapter pursuant to N.J.S.A. 55D-65(d) regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Borough, or
b. Required by applicable Federal or State laws or agencies.
STORY shall mean that portion of a building included between the surface of any floor and the surface of that next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. No story shall be deemed to be a first story if its floor level is more than six (6') feet above the level from which the height of the building is measured. A mezzanine floor shall be counted as a "story" if it covers over one-third (1/3) of the area of the floor next above it. For the purpose of this Chapter, a bi-level or split-level dwelling shall be considered a one-story structure.
STORY, HALF shall mean that portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2') feet above the floor of such half-story. A basement shall also be included as a half-story.
STREET shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way: a. which is an existing State, County or municipal roadway, or b. which is shown upon a plat heretofore approved pursuant to law, or c. which is approved by official action as provided by N.J.S.A. 40:55D, or d. 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.
STREET LINE shall mean the line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street; as distinct from a sidewalk line, curb line, or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough, the street line shall be considered to be the proposed right-of-way line for the street.
STRIPPING shall mean any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operation.
STRUCTURE shall mean any combination of materials forming any construction, the use of which requires location on the ground or attachment to something having location on the ground and including, among other things: display stands; fences and walls; gasoline pumps; gates and gate posts; mobile dwellings; outdoor bins; pergolas; platforms; pools; porches; reviewing stands; sales stands; signs; stadiums; stagings; standpipes; tanks of any kind; tents; towers of any kind, including radio and television towers and antennae; trellises. The word structure shall be construed as though following by the words "or part thereof". "Structure", for purposes of Chapter XXII, "Flood Hazard Prevention", shall mean a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.
STRUCTURE HEIGHT shall mean the same as Building Height.
STUDIO APARTMENT shall mean the same as Efficiency Apartment.
STRUCTURAL ALTERATIONS shall mean the same as Alterations.
SUBDIVIDER shall mean any person or entity commencing proceedings under this Chapter to effect the subdivision of land hereunder.
SUBDIVISION shall mean the division of a lot, tract or parcel of land into two (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 act, 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 (5) 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 instruments; and
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 on the tax map or atlas of the Borough.
The term Subdivision shall also include the term Resubdivision.
SUBDIVISION COMMITTEE shall mean a committee of at least three (3) Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this Chapter and having such further duties relating to land subdivision as may be conferred on this Committee by the Board.
SUBSTANTIAL IMPROVEMENT 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:
a. Before the improvement or repair is started; or
b. 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.
SWIMMING POOL, COMMERCIAL shall mean a swimming pool other than a private swimming pool.
SWIMMING POOL, PRIVATE shall mean a swimming pool located on a single family lot with a residence on it and used as an accessory to the residence, and the pool is utilized with no admission charges and not for the purpose of profit.
SWIMMING POOL, PUBLIC shall mean the same as Swimming Pool, Commercial.
TOWNHOUSE shall mean the same as Dwelling Townhouse.
TRANSCRIPT shall mean a typed or printed verbatim record, or reproduction thereof, of the proceedings of the Municipal Agency.
USE shall mean the specific purposes for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term permitted use or its equivalent shall not be deemed to include any nonconforming use.
VACATED PROPERTY SIGN shall mean a sign giving only the name, business phone number, and new address of the former occupant.
VARIANCE shall mean permission to depart from the literal requirements of zoning regulations pursuant to N.J.S.A. 55D and N.J.S.A. 40:55D-70 c and 70 d and N.J.S.A. 40:55D-60, Subsections 29.2b, 57c and 57c of Chapter 291.
VERTICAL PARKING GARAGE shall mean a multi-level structure constructed for use as a facility for vehicular parking or storage. The levels can be above or below grade or both but shall not exceed the maximum height limitation for the district in which it is located.
WALL SIGN shall mean any sign which is affixed to an exterior wall of any building, not projecting more than one (1') foot beyond the building wall.
WARNING SIGN shall mean a sign limited to messages of warning, danger, caution, or no trespassing.
WINDOW SIGN shall mean a sign which is part of or affixed or attached to the interior or exterior of a window or otherwise part of a window and located within eighteen (18") inches of the interior of the window and which can be seen from a public street or public parking facility.
YARD shall mean an open space which lies between a principal building or building group, for the full length of the lot and the nearest lot line. A yard is to be unoccupied and unobstructed from the ground upward except as herein permitted. All yards will be identified as either front yard, side yard or rear yard.
YARD, FRONT shall mean a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building. The depth of the front yard shall be measured at right angles to the front line of the lot.
YARD, REAR shall mean a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. The depth of a rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth.
YARD, SIDE shall mean an open, unoccupied space between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot line 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 OFFICER shall mean the official of the Borough of Red Bank designated to enforce the provisions of this Chapter. The Zoning Officer shall also be the Administrative Officer in matters pertaining to issuance of permits, and enforcement.
ZONING PERMIT shall mean the same as Development Permit. (Ord. #686, S 13-2.3; Ord. #1988-18, S 3; Ord. #1988-21, S 1; Ord. #1989-10, S 1; Ord. #1990-23, S 1; Ord. #1991-14, S 1; Ord. #1998-27, S 1; Ord. #1999-6, S 1; Ord. #1999-28, S 1; Ord. #2002-1, S 1; Ord. #2003-41, S 1)
CAFRA PLANNING MAP means 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.
**Webmasters Note: The previous definition has been ameneded as per Ordinance No. 2007-19.
CAFRA CENTERS, CORES OR NODES mean those areas within boundaries accepted by the Department pursuant to N.J.A.C. § 7:8E-5B.
COMPACTION means the increase in soil bulk density.
CORE means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY means an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
1. A county planning agency; or
2. 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 means the New Jersey Department of Environmental Protection.
DESIGNATED CENTER means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER means 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 means 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 4:1 C-1 et. seq.
DRAINAGE AREA means 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 means 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 well head 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 Non-game Species Program.
EMPOWERMENT NEIGHBORHOOD means 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 means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION is the process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT means 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 means any City, Borough, Town, Township, or Village.
NODE means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON means any individual, corporation, company, partnership, firm, association, Borough of Red Bank, 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 means 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, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and non-hazardous pollutants.
RECHARGE means the amount of water from precipitation that infiltrates into the ground and is not evapo-transpired.
SEDIMENT means 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 means the lot or lots upon which a major development is to occur or has occurred.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2007-19.
SOIL means all unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) means 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 is defined as 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 means water resulting from precipitation (including rain and snow) that runs off the lands 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 means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT basin means 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 means 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 non-stormwater discharges into stormwater conveyances.
TIDAL FLOOD HAZARD AREA means a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES means 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 is defined as previously developed portions of areas: (1) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes; (2) Designated as CAFRA Centers, Cores or Nodes; (3) Designated as Urban Enterprise Zones; and (4) Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND means an area that is inundated or saturated by surface water or ground water 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.
MULTI-FAMILY HOUSING DEVELOPMENT shall mean a building containing three (3) or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
RECYCLING AREA shall mean space allocated for collection and storage of source separated recyclable materials.