ABANDONMENT The relinquishment of property, cessation of the use of the property or other overt act or failure to act by the owner or lessee with the intention to abandon the use.

ACCESSORY STRUCTURE A structure or building detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. Where a structure is attached to a principal building by a breezeway, roof, common wall, or the like, such a structure shall be considered part of the principal building.

ACCESSORY USE A use of land or of a structure or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

ACRE A measure of land area containing 43,560 square feet.

ADAPTIVE RE-USE The development of a new use for a building or site. Adaptive re-use is not to be construed to permit the commencement of a use that is not allowed in a particular zone district.

ADMINISTRATIVE OFFICER The Director of Planning of the City of Plainfield, except for where this ordinance designates specific duties to the Zoning Officer.

ADULT ENTERTAINMENT VENUE A building or viewing area(s) used predominantly for presenting photographs, film, books, magazines, videos or live entertainment depicting, describing or relating to sexual activities or anatomical genital areas.

ALLEY A thoroughfare less than thirty (30) feet in width dedicated for the public use of vehicles and/or pedestrians, which may afford access to property, but is not intended for general traffic circulation.

ALTERATION OF BUILDING Any change in the supporting members of a building, bearing walls, columns, beams, girders, or interior partitions, or any addition to or diminution of a building.

AMUSEMENT ARCADE Any place or premises where six (6) or more automatic amusement machines are maintained for use and operation by the public.

APARTMENTS One of a group of three (3) or more dwelling units in one building.

APPROVING AUTHORITY The Planning Board, Zoning Board of Adjustment or Historic Preservation Commission of the City of Plainfield.

AREA OF SPECIAL FLOOD HAZARD The land in the flood plain within a community subject to a one percent (1%) or greater chance of flooding in a given year.

AS BUILT SURVEY A property survey prepared and certified by a licensed land surveyor to reflect the actual location of structures and other improvements constructed on a property.

ASSISTED LIVING FACILITY A facility that is licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining for four or more adult persons unrelated to the proprietor.

AUTOMATIC AMUSEMENT MACHINE Any machine, apparatus, contrivance, appliance, or other device, which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for the use as a game, entertainment or amusement, whether or not registering a score. It shall include, but not be limited to, such devices as marble machines, pinball machines, skill ball, mechanical grab machines, baseball or tennis, hockey, or bowling machines, coin-operated electronically controlled games that are carried out on an electronic screen, and all games, operations, or transactions similar thereto.

AUTOMOBILE DEALERSHIP The display or sale of new or used motor vehicles of any type.

AUTOMOBILE SERVICE STATION Any building, land area, or other premises, or portion thereof, used for the retail sale and direct delivery to motor vehicles of fuel and lubricating oil and the making of mechanical repairs.

AUTOMOBILE BODY SHOP Any building, land area or premises, or portion thereof, used primarily for auto body work, welding and painting.

AUTOMOBILE REPAIR SHOP - A facility which is used primarily for the maintenance, servicing, or repair of automobiles but does not involve auto body work, welding, painting or the dispensing of motor fuels.

AWNING Any structure with a frame attached to a building or other structure which can be raised to a closed position against the building or structure.

BANK A financial organization that provides direct banking services including but not limited to tellers, drive-through areas and automatic teller machines.

BANNERS, PENNANTS OR BUNTING Temporary announcement device constructed of cloth, canvas, fabric or other light material.

BANQUET HALL A mixed use eating and drinking facility that incorporates multiple uses such as on or more restaurants combined with one or more bars, cocktail lounges, banquet facilities or catering facilities.

BASEMENT Any area of a building having its floor located at or below a grade level on all sides.

BED & BREAKFAST HOMESTAY An owner-occupied dwelling unit providing no more than five (5) guest rooms for compensation, overnight accommodations and a morning meal.

BED & BREAKFAST GUESTHOUSE An owner-occupied dwelling unit providing between six (6) and fifteen (15) guest rooms for compensation, overnight accommodations and a morning meal.

BUILDING Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind.

BUILDING COVERAGE The ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot to the total lot area.

BUILDING, ELEVATED A non-basement building: (A) built in an Area of Special Flood Hazard to have the top of the elevated floor or when in a Coastal High Hazard Area to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by the means of piling, columns (posts or piers), or shear walls parallel to the flow of the water; and (B) adequately anchored so as to not impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an Area of Special Flood Hazard elevated buildings shall also include a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of Coastal High Hazard elevated building shall also include a building otherwise meeting the definition of elevated building, even though the lower area is enclosed by means of breakaway walls.

BUILDING ENVELOPE An area, generally described by building setback lines, depicting the area within which building(s) can be constructed.

BUILDING FOOTPRINT The horizontal area contained within the outer dimensions of the foundation walls of a building

BUILDING HEIGHT The vertical distance from the average elevation of the original pre-development grade five (5) feet from the proposed foundation to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the ridge level for gable, hip, and gambrel roofs.

BUILDING LINE A line formed by the intersection of an exterior wall of a building with the ground.

CANOPY Any structure, other than an awning or marquee, made of cloth, plastic, metal or other substance and providing a roof-like shelter over a public or quasi- public right- of- way.

CAR WASH A structure used for washing vehicles.

CELLAR See "basement."

CHANGE OF USE Any use that substantially differs from the previous use of a building or land.

CHANGE IN EXTERIOR APPEARANCE - A change in material or design, change in paint color is not considered a change in exterior appearance.

CHANNEL The area between the top of the banks of any watercourse, with or without continuous flow, wherein surface waters are contained under conditions less than flood stage. This area shall also consist of lands lying between two (2) or more branches of the same watercourse.

CHILD CARE CENTER An establishment licensed by the Department of Human Services pursuant to N.J.S.A. 30:5B-1, et seq., providing for the care, supervision and protection of children.

COMMERCIAL RECREATION FACILITY A facility designed and equipped for the conduct of leisure, sport or other recreational activities operated as a business and open to the public for a fee.

COMMERCIAL VEHICLES Any commercially registered vehicle except a passenger car. Vehicles normally associated with a commercial use, but not registered for commercial use, shall be deemed commercial vehicles.

COMMON OWNERSHIP Ownership of two (2) or more contiguous lots of real property by one (1) person or persons.

COMMUNITY CENTER A building used for recreational, social, educational and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or non-profit group or agency.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED Any communal community residential facility licensed pursuant to P.L. 1977, c. 448 (C.30:11B-1 et seq.)N.J.S.A. 30:11B-1 et seq., providing, food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L. 1971, c. 136 (C.26:2H1 et al.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this act, "developmentally disabled person" means a person who is developmentally disabled as defined in section 2 of P.L. 1977, c. 448 (C.30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in R.S. 30:44-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity of having been found unfit to be tried on a criminal charge.

CONSERVATION EASEMENT The grant of a property right stipulation that the described land is subject to development restrictions.

CONVALESCENT HOME see definition of nursing home.

CONVERSION Alteration in an existing residential structure resulting in an increase in the number of dwelling units. court, inner A court entirely enclosed by walls or opening on a side lot line.

COURT, OUTER A court opening for its full width on a street, front yard, rear yard, or side yard.

DECK An above grade, unroofed structure without walls that is attached to a residential dwelling unit. An exterior floor system supported by piers, columns or posts.

DENSITY, GROSS The permitted number of dwelling units per total area of land to be developed.

DEVELOPMENT Development means the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land.

DEVELOPMENT PERMIT A document issued by the zoning officer which acknowledges that the building, structure, sign, fence, occupancy or use complies with all provisions of this ordinance or a duly authorized variance.

DISTRIBUTION FACILITY An establishment engaged in the receipt, storage and distribution of goods, products, cargo, and materials, including transshipment by rail or motor vehicle.

DRIVEWAY A private right of way providing access for motor vehicles to a garage, dwelling, other building or use from a street or other right of way.

DRIVE-THROUGH FACILITY An establishment that by design, physical facilities, service or by packaging procedures encourages or permits customers to receive service or obtain goods while remaining in their motor vehicles.

DRIVE-IN RESTAURANT Any establishment that sells food or beverages to customers in a motor vehicle.

DUPLEX A two-unit dwelling sharing a common horizontal or vertical separation with independent means of ingress and egress for each unit.

DWELLING UNIT A building or entirely self-contained portion thereof intended or designed for non-transient residential use by a single housekeeping unit, (A) separated from all other spaces by lockable doors, (B) having access to the outside without crossing another dwelling, (C) having any cooking facilities, fixed or portable, or food refrigeration facilities, and (D) having any sanitary facilities. A house trailer, a boarding or rooming house, convalescent home, fraternity or sorority house, hotel, inn, lodging, nursing, or other similar home, or other similar structure shall not be deemed to constitute a dwelling unit.

DWELLING UNIT, SINGLE-FAMILY A building containing a single housekeeping unit that is not attached to any other dwelling by any means.

DWELLING, TWO-FAMILY A building on single lot containing two (2) dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof, or an unpierced ceiling and floor extending from exterior wall to exterior wall except for a common stairwell.

EASEMENT A grant of one (1) or more of the property rights by the property owner to another person or entity.

FAMILY A single, non-profit housekeeping unit, which bears the generic character of a relatively stable and permanent functioning unit.

FAMILY DAY CARE HOME Any private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day care and which is operated in accordance with N.J.S.A. 40:55D-66.4- 5 et seq. and which provides child care services to no more than five children at any one time excluding children legally related to the provider, children cared for as part of an employment agreement where no payment of care is made.

FENCE A barrier of any material or combination of materials erected to enclose, screen or separate areas.

FINAL APPROVAL The official action of the Planning Board or Zoning Board of Adjustment taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.

FLAG Any local, state or national flag.

FLOOD OR FLOODING A general and temporary condition of partial or complete inundation of normally dry land areas from (A) the overflow of inland or tidal waters and/or, (B) the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD FRINGE AREA That portion of the flood hazard area outside of the floodway which is subject to less severe flooding.

FLOOD, DESIGN Design flood (floodway or flood hazard area) is the relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria, represents a major flood of reasonable expectancy, reflects both flood experience and flood potential, and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevations thereof.

FLOOD HAZARD AREA The flood hazard area shall consist of the floodway and flood fringe area, being the areas that are subject to flooding.

FLOOD HAZARD AREA, SPECIAL The land in the floodplain within a community subject to a one (1%) percent or greater chance of flooding in a given year.

FLOOD INSURANCE RATE MAP (FIRM) The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City.

FLOOD INSURANCE STUDY The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as Flood Boundary-Floodway Map and the water surface elevation of the base flood.

FLOOD PLAIN Same as the flood hazard area.

FLOOD OF RECORD The greatest flood in a given area for which accurate records are available and/or as determined by the New Jersey State Department of Environmental Protection.

FLOODWAY The channel of a river or other water-course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

FLOOR AREA The sum of the gross horizontal areas of all the floors of the building or buildings on a lot measured from the exterior faces of exterior walls equal to or in excess of 7'-6" or from the center line of party walls separating two (2) buildings, excluding cellar and basement areas used only for storage or the operation and maintenance of the building.

FLOOR AREA, LIVABLE All finished spaces within the exterior walls of a dwelling exclusive of garages, breezeways, unheated porches, cellars and basements having a window area of less than ten percent (10%) of the square foot area of the room. Usable floor area shall include all finished spaces not otherwise excluded above such as: principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic spaces having a clear height of six (6) feet from finished floor level to pitch of roof rafter with a clear height of seven (7) feet six (6) inches from finished floor level to ceiling level over fifty percent (50%) of the area of such attic space.

FLOOR AREA RATIO The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.

FLOOR, LOWEST The lowest level of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other non-elevation design requirements.

FUNERAL HOME A building used for the preparation of the deceased for burial and/or the display of the deceased and rituals connected therewith before burial or cremation.

GARAGE, PRIVATE A detached accessory building, or a portion of a principal building, used primarily for the storage of vehicles owned or used by the occupant of the principal building, or used for the storage of incidental items to which the garage is an accessory.

GREENHOUSE A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants.

GUARANTEE, MAINTENANCE Any security that may be accepted by the City for the maintenance of any required improvements.

HEALTH & FITNESS CLUB An establishment that provides facilities for physical exercises and/or saunas, showers and lockers.

HISTORIC INTEGRITY the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.

HISTORIC PROPERTY OR HISTORIC RESOURCE A district, site, building, structure or object significant in American history, architecture, engineering, archeology or culture at the national, state or local level.

HISTORIC SITES INVENTORY a list of historic properties determined to meet criteria of significance specified herein.

HOME OCCUPATION Any endeavor carried on for profit in a dwelling unit by a member of the family in residence in accordance with the standards contained in this chapter.

HOMEOWNER'S ASSOCIATION An association of owners of the various properties of a common ownership community, formed under the provisions of a Master Deed, Declaration of Covenants and Restrictions or other legal instrument.

HOSPITAL/MEDICAL CENTER An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, training facilities, medical offices and emergency care facilities.

HOTEL Any building or portion thereof providing transient lodging accommodations and no cooking facilities containing six (6) or more rooms that are rented or hired out for sleeping purposes for compensation for no more than forty-five (45) consecutive days, with common areas and additional services such as eating, entertainment, recreational and conference facilities, and so constructed that access to and egress from rooms to the outside pass a control desk.

HOUSE OF WORSHIP A church, synagogue, temple, mosque or other facility that is used for prayer or formal religious services by a religious congregation.

IMPERVIOUS COVERAGE Any material or structure, including but not limited to gravel, concrete, and asphalt, that prevents or restricts absorption of stormwater into the ground.

IMPROVABLE AREA the area of a lot for the placement of principal buildings, off-street parking lots, and off-street loading areas which is located within the envelope delineated by the required yards, or buffers of the zone district and which is not encroached upon by, (A) an existing or proposed public right of way, (B) an area classified as a floodway or stream corridor by the New Jersey Department of Environmental Protection and Energy or as an area of special flood hazard or floodway, (C) wetlands or any required wetlands transition area pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1, et seq.), except where construction, fill, or disturbance has been authorized pursuant to the Freshwater Wetlands Act, (D) slope areas where the inclination of the land's surface from the horizontal is fifteen (15) percent or greater for a ten (10) foot interval, or (E) stream corridors.

INDUSTRY Those fields of economic activity including construction, manufacturing, warehousing and wholesale trade, that must meet the performance and bulk standards established by this ordinance.

JUNK Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition. This definition also includes, but is not limited to, unregistered, inoperable vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, machinery, brush, wood and lumber.

JUNKYARD Any space, whether inside or outside a building, used for the storage, sale keeping, or abandonment of junk.

KENNEL Any building, structure, or premises in which cats, dogs or other domesticated animals are kept, boarded, bred or trained for a fee or compensation.

LAUNDROMAT An establishment providing washing, drying, or dry cleaning machines for clothes on the premises for rental use to the general public.

LOADING SPACE, OFF-STREET Any off-street space on the same lot available for the loading or unloading of goods.

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

LOT, CORNER A lot at the junction of and abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five (135) degrees. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than one hundred thirty-five (135) degrees.

LOT, THROUGH A lot other than a corner lot which adjoins two (2) street lines which are at opposite ends of the lot. A through lot shall be considered to have two front yard lines.

LOT DEPTH The mean distance between the front and rear property lines of any lot, measured along a line either parallel to or making equal angles with the side lines.

LOT WIDTH A distance measured at the front yard setback line along a line perpendicular to parallel side lines or making equal angles with both converging side lines. Where a front yard is not required, the lot width shall be measured along the street line. For the purposes of this Chapter, lot width shall not be less than lot frontage.

LOT FRONTAGE The length of the street line of a lot.

LOT LINE A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.

LOT LINE, FRONT The lot line separating a lot from a street right of way.

LOT LINE, REAR The lot line opposite and most distant from the front lot line. In the case of a corner lot, the lot line opposite the shorter front street line shall be considered the rear lot line.

LOT LINE, SIDE Any lot line other than a front lot line or rear lot line.

MANUFACTURED HOME A structure transportable in one or more sections which is built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term manufactured home also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term manufactured home does not include park trailers, travel trailers and other similar vehicles.

MANUFACTURING AND ASSEMBLY Any process whereby the nature, size, or shapes of articles or raw materials are changed, or where articles are assembled or packaged.

MARQUEE A permanent, roof- like structure extending from part or all of a building or other structure over a public or quasi-public right of way and constructed of some durable material such as metal, glass or plastic.

MEMBERSHIP CLUB A building, lot, or land area, used as a private club or social organization not conducted for profit or gain, and which is not an adjunct to or operated by or in connection with or as a public tavern, caf, restaurant or other like public space.

MEZZANINE An intermediate level between the floor and ceiling of any story and covering not more than 33% percent of the floor area of the room in which it is located.

MIXED USE RESIDENTIAL DWELLING A structure that contains residential and non-residential uses.

MOTOR VEHICLE A self-propelled device used for transportation of people or goods over land surfaces. mortuary See "funeral home."

NATIONAL REGISTER CRITERIA the established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.

NEW CONSTRUCTION Structures for which the start of construction commenced on or after the effective date of this ordinance. nightclub An establishment dispensing liquor and meals and providing live entertainment.

NONCONFORMING A lot, use, activity, sign, structure or building whose area, size, dimensions, location, use or activity does not conform to applicable zone requirements.

NUISANCE An interference with the enjoyment and use of property.

NURSING HOME/CONVALESCENT HOME A nursing home or convalescent home shall mean a nursing home, convalescent home, or boarding home for sheltered care as defined in N.J.S.A. 30:11-8.

NURSERY AND LANDSCAPING FACILITY Land, greenhouses or structures used to raise flowers, shrubs and plants for sale.

OFFICE A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files and communication equipment.

OFFICIAL MAP The tax map of the City of Plainfield.

OFFICE, MEDICAL A structure occupied by one or more practitioners of the medical and related arts.

OFF-SITE Located outside the lot lines of the lot in question but within the property which is the subject of a development plan or on a contiguous portion of a street or right of way.

OFF-TRACT Not located on the property that is the subject of a development plan or on a contiguous portion of a street or right of way.

ON-SITE Located on the lot in question.

ON-TRACT Located on the property that is the subject of a development plan or on a contiguous portion of a street or right of way.

OPEN SPACE Any parcel or area of land or water essentially unimproved, except for buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

OPEN SPACE, COMMON An open space area within or related to a 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.

ORDINARY MAINTENANCE AND REPAIR Repair or exact replacement of any existing improvement provided that the work does not alter the exterior appearance of the structure. The following are some of the activities which are permitted as ordinary maintenance and repairs: (A) identical replacement of existing windows and doors; (B) repairs of existing windows and doors and the installation of storm doors and windows that do not change their design, scale or appearance; (C) maintenance and repair of existing roofing materials involving no change in the design, scale or appearance of the structure; (D) replacement of existing clapboards, shingles or other siding with identical materials and in an identical configuration. Maintenance and repair of existing clapboards, shingles, or other siding including masonry involving no change in the design, scale or appearance of the structure.

OUTDOOR DINING AREA A designated area on the premises of a retail food establishment, but outside the principal building, where persons may sit at tables while consuming foods and beverages ordered from the retail food establishment.

OUTDOOR STORAGE The keeping other than in a building of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.

PARKING AREA An open area other than a street or other public road or way, used for the parking of motor vehicles, including access drives or aisles for ingress and egress.

PARKING GARAGE A building or structure consisting of more than one (1) level and used for the temporary storage of motor vehicles.

PARKING LOT An improved off-street, ground-level open area for the temporary storage of motor vehicles parking space, off-street A paved or surfaced area for off-street motor vehicle parking.

PATIO OR TERRACE A level, landscaped, and/or surfaced area on a lot with a principal building and not covered by a permanent roof.

PERFORMANCE GUARANTEE Any security which may be accepted by the City to assure required improvements associated with an application for development will be satisfactorily completed.

PERMIT Any required City approval for exterior work to any structure or property in a historic district or on a historic site, which exterior work is subject to public view. Permit shall include, but is not limited to a building permit, a demolition permit, a permit to move, convert, relocate or remodel or to change the use or type of occupancy of any structure or property in a historic district which involves exterior changes to the structure or the property on which it is located. All actions requiring a certificate of appropriateness as specifically set forth in Section 17:10-10 shall require a permit.

PERSON - an individual, proprietorship, partnership, corporation, association, or other legal entity.

PERSONAL SERVICE ESTABLISHMENT Any business use that provides services to an individual or group of individuals, such as barbershops, pickup/drop-off dry cleaning establishments, beauty salons, travel agencies, instructional training facilities, and substantially similar type uses, and does not provide goods for retail sale or consumption.

PORCH A roofed, open area attached to and with direct access to or from a building.

PRELIMINARY APPROVAL The conferral of certain rights pursuant to the Municipal Land Use Law, prior to final approval of a major site plan or major subdivision, after specific elements of a development have been approved by the delegated approving authority and agreed to by the applicant.

PRESERVATION the act or process of applying measures to sustain the existing form, integrity and material of a building or structure, and the landscape features and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

PRINCIPAL STRUCTURE A building in which the principal use of the lot is conducted. principal use The primary or predominant use of any lot.

PROHIBITED USE Any use that is not specifically permitted by this ordinance.

PROTECTION The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.

PUBLIC PURPOSE USE The use of land or buildings by the City of Plainfield or by any other federal, state, county or municipal governmental body including the City of Plainfield Board of Education.

RECEPTION AND BANQUET HALL A facility for groups to congregate, socialize or celebrate.

RECONSTRUCTION the act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or any part thereof, as it appeared at a specific period of time.

REFUSE AND RECYCLING AREA A designated area either within a building, or a space on the exterior of a building, specifically designed to hold waste or recyclable materials.

REHABILITATION The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.

RESEARCH FACILITY An establishment for conducting investigation in the natural, physical, or social sciences, which may include engineering and product development.

RESTAURANTS Any establishment at which the principal use is the selling of food for consumption on the premises.

RESTORATION The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

RETAIL SALES Establishments engaged in selling goods or merchandise to the general public for consumption, which may include rendering services incidental to the sale of such goods.

RIGHT OF WAY A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, and other similar uses.

RIGHT OF WAY LINE A line separating a right of way from abutting properties.

ROOMING / BOARDING HOUSE - A structure containing a guest room or rooms provided to two (2) or more persons for compensation.

ROW HOUSE See "townhouse."

SETBACK The distance between the building and any lot line.

SETBACK LINE That line that is the required minimum distance from any lot line and that establishes the area within which the structure must be located.

SEXUALLY ORIENTED BUSINESS - (1) A commercial establishment which as one of its principal business purposes offers for sale, rental, or display any of the following: Books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a "specified sexual activity" or "specified anatomical area"; or still or motion picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a "specified sexual activity" or "specified anatomical area"; or instruments, devices, or paraphernalia which are designed for use in connection with a "specified sexual activity"; or (2) A commercial establishment which regularly features live performances characterized by the exposure of a "specified anatomical area" or by a "specified sexual activity," or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a "specified sexual activity" or "specified anatomical area."

SIDEWALK CAFE AREA A designated area of the public right of way where patrons may sit at tables while consuming food and beverages ordered from the retail food establishment.

SIGN Any name, identification, description, display or illumination which is affixed to or painted on or represented directly or indirectly upon a building, structure or parcel of land, and which directs attention to a person, organization, institution, activity, event, place, object, product, commodity, business, entertainment, service or profession or which conveys any message, notice or greeting.

SIGN, AWNING A sign that is mounted, painted, attached to or part of an awning.

SIGN, CONTRACTOR A temporary sign that identifies the tradesperson or architect of a specific improvement on the property for which the improvement is being made.

SIGN, DIRECTORY A ground or wall sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities.

SIGN, FLASHING A sign, the illumination of which is not kept constant in intensity at all times.

SIGN, FREESTANDING A single or multi-faced sign not attached to a building, and with an upright base extending from the ground.

SIGN, GROUND Any sign, other than a freestanding sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.

SIGN, ILLUMINATED A sign having characters, letters, figures, designs or outlines illuminated by electric light or luminous tubes as a part of the sign.

SIGN, INDIRECTLY ILLUMINATED An illuminated, non-flashing sign whose illumination is derived from an external artificial source and is so arranged that no direct rays of light are projected from the artificial source into an area where anyone resides or into any public street or public way.

SIGN, POLITICAL A temporary sign denoting a political campaign headquarters, party affiliation, cause or candidate.

SIGN, PORTABLE A sign that is not securely affixed to the ground or otherwise affixed in a permanent manner to a building or other structure.

SIGN, PROJECT A temporary sign intended to identify a project under construction, which may include the project name, general contractor, architect and prime real estate agent.

SIGN, PROJECTING A sign that is wholly or partly dependent on a building for support and that projects more than nine (9) inches from such building.

SIGN, PUBLIC PURPOSE A sign designed to promote the public health, safety and welfare, including official government notices, government signs, signs to control and direct traffic on public streets, street identification signs, signs erected by public utility companies to warn of dangerous or hazardous conditions and political signs.

SIGN, READER BOARD A temporary, portable sign that incorporates changeable lettering and is intended primarily for advertising or announcement purposes.

SIGN, REAL ESTATE A sign pertaining to the sale or lease of the premises, or a portion thereof, on which the sign is located.

SIGN, RESIDENTIAL DEVELOPMENT A sign identifying a residential major subdivision, condominium, apartment or townhouse complex, and located entirely on the property which it is identifying.

SIGN, RESIDENTIAL NAMEPLATE A wall sign permitted for the sole purpose of identifying the inhabitant residing therein, the house name and/or identifying the address of the house.

SIGN, ROOF A sign that is mounted on the roof of a building or is wholly dependent on a building for support, and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof, or the deck line of a building with a mansard roof.

SIGN, SIDEWALK A temporary, moveable, non-illuminated sign located within the public right of way that is not permanently affixed to a wall, structure or to the ground.

SIGN, TRAFFIC-CONTROL A permitted sign for the purpose of identifying private parking areas and directing the flow of traffic on private property.

SIGN, WALL A sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of the wall.

SIGN, WINDOW 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.

SIGN ALTERATION The enlargement, extension or relocation of an existing sign or support structure.

SIGN AREA The entire area within a contiguous perimeter enclosing the limits of a sign and including the frame of the sign, but not including structural elements outside the limits of such sign, which do form an integral part thereof.

SIGN FACE The area or display surface used for the message.

SIGN RESTORATION The routine maintenance and painting of existing, approved signs that does not change the approved design or increase the total sign area.

SIGN SUPPORTING STRUCTURE All frames, glass or other coverings, gooseneck arms, light bulbs, lights, shields, shades, reflectors, supports, brackets, braces, screws, bolts, fastenings or other items or devices which constitute a part of the support system for any sign, awning, canopy or marquee.

SITE PLAN A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to Article VIII of this ordinance.

SPECIFIED ANATOMICAL AREA - (1) Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if covered.

SPECIFIED SEXUAL ACTIVITY - (1) The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or (2) Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.

START OF CONSTRUCTION The date the building permit is issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement is commenced within 180 days of that date.

STORAGE SHED An accessory construction that is exclusively used by the occupant of the principal building to which it is incidental, and contains items customarily associated with residential use such as personal items, lawnmowers, tools and hardware.

STORY That portion of a building consisting of at least seven (7) feet of vertical height, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. If the ceiling or underside of supporting members is less than four (4) feet above average grade of any space, then that space shall not be considered a story nor counted as floor area.

STORY, ONE-HALF A space under a pitched roof at the top of a building, the floor of which is not more than two (2) feet below any plane, which will not qualify for living space under BOCA (Building Officials and Code Administrators International).

STREAM CORRIDOR Any river, stream, pond, lake or wetland, together with adjacent upland areas, that supports protective bands of vegetation that line the water's edge.

STRUCTURE A combination of materials constructed for use, occupancy, or ornamentation whether installed on, above, or below the surface of land.

SUBDIVISION 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 approving authority 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 instrument 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 and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION, MAJOR Any subdivision not classified as a minor subdivision.

SUBDIVISION, MINOR A subdivision of land for the creation of not more than three (3) lots, provided such subdivision does not involve (A) a planned development, (B) any new street or (C) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

SUBSTANTIAL IMPROVEMENT Any repair, reconstruction or improvement of a structure, where the cost exceeds or equals fifty (50%) percent of the market value of the structure either: (A) before the improvements 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 the alteration affects the external dimensions of the structure. The term does not, however, include 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 any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

SURVEY AS-BUILT A property survey prepared and certified by a licensed land surveyor to reflect the actual location of structures and other improvements constructed on a property.

SWIMMING POOL An accessory structure whether located above or below the ground, designed and maintained for swimming and bathing purposes by a private residence for use by household members and guests, having a depth of more than 18 inches and/or a water surface in excess of 100 square feet.

SWIMMING POOL, PORTABLE A swimming pool which is located above ground level, otherwise not permanently installed, does not require water filtration, circulation and purification, does not exceed a water surface of 100 square feet, and does not require braces or supports.

TAVERN An establishment at which the primary use is the serving and consumption of liquor by the drink to the general public on-site as a principal use. Any establishment possessing a liquor license shall be considered a tavern, absent credible evidence presented to the contrary.

THEATER A building designed for the presentation and viewing of live performances and/or motion pictures. An Adult Entertainment Venue shall not be considered a Theater.

TOPSOIL The top six (6) inch layer of arable soil.

TOWNHOUSE A one-family dwelling in a row of at least three (3) such units in which each unit has its own front and secondary access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

TRAILER A wheel-based non-commercial structure that is used for the transportation or storage of goods or materials, as a construction office, or for temporary short-term habitation in case of calamity.

USE The purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.

WALL, BREAKAWAY A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

WALL, DECORATIVE A wall constructed of stone or other material erected for the sole purpose of providing a decorative and/or landscaped feature, and not to include structural support walls, retaining walls or any other walls constructed for a purpose other than aesthetics.

WAREHOUSE A building used primarily for the storage of goods and materials.

WIRELESS COMMUNICATION FACILITY A structure that facilitates personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services such as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or may be developed in the future.

YARD, FRONT An open, unoccupied space (unless occupied by a structure hereinafter specifically permitted) extending across the full width of the lot and lying between the street line and the foundation line of the principal structure. All yards abutting a street shall be considered a front yard. A front yard is not measured to the front of a porch, but to the main foundation line of the principal structure.

YARD, REAR An open, unoccupied space (unless occupied by an accessory structure) extending across the full width of the lot between the rear lot line and the building line of the principal structure.

YARD, SIDE An open, unoccupied space (unless occupied by an accessory structure) extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the building line of the principal structure.

ZONING OFFICER An agent appointed by the City Council who shall be responsible for the administration and enforcement of the provisions, requirements, regulations and standards contained in this ordinance and who shall have such other duties and responsibilities as may herein specified or assigned by an appropriate body.