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

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

COMPACTION shall mean the increase in soil bulk density.

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

COUNTY REVIEW AGENCY shall mean an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The County review agency is the Hudson County Division of Planning.

DEPARTMENT shall mean the New Jersey Department of Environmental Protection.

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

DESIGN ENGINEER shall mean 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 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, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. [In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.]

DRAINAGE AREA shall mean a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

ENVIRONMENTALLY CRITICAL AREAS shall mean 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 Departments Landscape Project as approved by the Departments Endangered and Nongame Species Program.

EMPOWERMENT NEIGHBORHOOD shall mean 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 shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

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

INFILTRATION shall mean the process by which water seeps into the soil from precipitation.

MAJOR DEVELOPMENT shall mean any "development" that provides for ultimately disturbing one (1) 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 shall mean the City of Bayonne.

NODE shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

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

PERSON shall means any individual, corporation, company, partnership, firm, association, the City of Bayonne, 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 shall mean 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 nonhazardous pollutants.

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

SEDIMENT shall mean 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 shall mean the lot or lots upon which a major development is to occur or has occurred.

SOIL shall mean all unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) shall mean 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 States future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP shall mean the geographic application of the State Development and Redevelopment Plans goals and statewide policies, and the official map of these goals and policies.

STORMWATER shall mean 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 shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation.

STORMWATER MANAGEMENT BASIN shall mean 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 shall mean 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 shall mean 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 shall mean a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES shall mean 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 shall mean previously developed portions of areas:

       a. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

       b. Designated as CAFRA Centers, Cores or Nodes;

       c. Designated as Urban Enterprise Zones; and

       d. Designated as Urban Coordinating Council Empowerment Neighborhoods.

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

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

ABUTTING COUNTY ROAD shall mean any existing or proposed county road shown on the adopted County Master Plan or Official Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.

ACCESS shall mean a physical entrance to property.

ACCESSORY BUILDING shall mean a building or structure subordinate to the main building on the same lot and used for the purposes customarily incidental to those of the main building.

ACCESSORY USE shall mean a use customarily incidental and subordinate to the principal use conducted on a lot. The use should bear a relationship to the principal use.

ACCELERATION OR DECELERATION LANE shall mean an added roadway lane which permits integration and merging or slower-moving vehicles into the main vehicular stream or slowing down of vehicles.

ADDITION shall mean a structure added to the original structure at some time after the completion of the original structure.

ADMINISTRATIVE OFFICER . Under Chapter 33, Planning and Development Regulations, the Administrative Officer shall be the City Engineer and/or the City Planning Consultant or designee. Under Chapter 35, Zoning Regulations, the Administrative Officer shall be the Zoning Officer of the City or designee.

ADVERSE EFFECT shall mean the results of development creating, imposing, aggravating or leading to inadequate, impractical, unsafe or unsatisfactory conditions on a site proposed for development or on off-tract property or facilities. Such conditions may relate to circulation, chemical waste, drainage, erosion, potable water and sewage collection.

ADVERSE ENVIRONMENTAL IMPACT ELEMENT shall mean any environmental pollutant such as smoke, odors, liquid wastes, radiation, noise, vibrations, glare trespass lighting or heat.

AIR RIGHTS shall mean the interest in the use of the space above the land or above the structures or improvements affixed to the land.

AISLE shall mean the traveled way by which cars enter and depart parking spaces.

ALLEY shall mean a minor way which is used primarily for vehicular access to the back or the side of properties otherwise abutting a street.

ALTERATION shall mean any change or rearrangement in the supporting members of an existing building such as bearing walls, columns, beam girders, or interior partitions, as well as any change in doors, window, means of ingress or egress, or any enlargement to or diminution of a building or structure whether horizontally or vertically, or the moving of a building or structure from one location to another.

APARTMENT shall mean one (1) or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing three (3) or more dwelling units.

APARTMENT, HIGH RISE shall mean a building which contains dwelling units and which is greater in height than three and one-half (3 1/2) stories and up to fourteen (14) stories.

APARTMENT, LOW RISE shall mean a building which is greater in height than two and one-half (2 1/2) stories and not greater than three and one-half (3 1/2) stories, containing dwelling units.

APPLICANT shall mean a developer submitting an application for development.

APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.

APPROVED PLAN shall mean a plan which has been granted final approval by the Planning Board or Board of Adjustment in the City of Bayonne.

APPROVING AGENCY shall mean the appropriate City agency given the authority under the New Jersey Municipal Land Use Law to review and approve or deny a proposed land use development, including the Planning Board and the Zoning Board of Adjustment of the City of Bayonne, New Jersey.

APPURTENANCE shall mean any accessory or subordinate building, object, structure or landscape feature located on the site of a landmark or in a historic district.

ARCHITECTURAL shall mean relating or conforming to the rules of architecture; having or conceived of as having a single unified overall design, form or structure.

ASSISTED LIVING FACILITY shall mean residences for the frail, licensed by the State of New Jersey, that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services such as recreational activities, financial services and transportation.

ASSOCIATION . See Homeowner's association; Condominium association. The entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated.

ATTIC shall mean the open nonhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building.

AUTOMOBILE BODY SHOP shall mean any building or land area or portion thereof, used or intended to be used for the purposes of automobile body repair, including, but not limited to, repair or replacement of exterior automobile bodies, welding and straightening of body parts, straightening of automobile frames, and sanding or painting of exterior body parts.

AUTOMOBILE REPAIR (SPECIALIZED SERVICES) shall mean any building, land area or other premises or portion thereof, used or intended to be used for the purposes of rendering specialized services associated with the operation of automobiles, including, but not limited to: muffler repair and replacement; brake repair and replacement; automobile lubrication; transmission repair; tire sales, installation, alignment and replacement; automobile detailing; auto upholstery installation and replacement; auto glass installation; and alternator and starter repair.

AUTO SALES shall mean the use of any building, land area, or other premise for the display and sale of new or used automobiles generally, but may include light trucks or vans, trailers, or recreation vehicles and including any vehicle preparation or repair work conducted as an accessory use.

BAR shall mean a place of business primarily for the sale and on-premises consumption of alcoholic beverages.

BASE FLOOD ELEVATION shall mean the highest elevation, expressed in feet above sea level, of the level of floodwaters occurring in the regulatory base flood.

BASEMENT shall mean a portion of the building partly underground, but having less than one-half (1/2) of its clear height below average contact grade around the periphery of the foundation.

BERM shall mean a mound of earth or the act of pushing earth into a mound.

BICYCLE LANE shall mean a lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.

BICYCLE PATH shall mean a pathway, often paved and separated from streets and sidewalks, designed to be used by bicycles.

BILLBOARD . See Sign, advertising and billboard.

BIG BOX shall mean a large industrial-style building with a footprint of up to two hundred thousand (200,000) square feet and the mass of a three-story (30+ feet) building, generally used for retail commercial purposes.

BLOCK shall mean an area of land bounded by street rights-of-way or waterways.

BOARD shall mean the Planning Board or Zoning Board of Adjustment of the City of Bayonne when acting within their scope of jurisdiction under the chapters that comprise the Land Use Regulations of the City of Bayonne.

BOARD OF ADJUSTMENT shall mean the Board of Adjustment of the City of Bayonne, established pursuant to subsection 33-3.4 of the Revised General Ordinances of the City of Bayonne, and N.J.S.A. 40:55D-69.

BOARD ENGINEER shall mean a New Jersey licensed professional engineer, who may be the City Engineer, retained to provide technical advice to the Board.

BOARDER shall mean a person other than a member of a family occupying a part of any dwelling units who, for a consideration, is furnished sleeping accommodations in such dwelling unit and may be furnished meals as part of this consideration.

BOARDING HOUSE shall mean a dwelling unit or part thereof in which, for compensation, lodging and meals are provided; personal and financial services may be offered as well.

BOARDING SCHOOL shall mean any structure used as a school for profit or not for profit where meals and lodging are provided to the students.

BRIDGE shall mean a structure designed to convey vehicles and/or pedestrians over a watercourse, railroad, street or any depression.

BUFFER shall mean open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another, so as to visually shield or block noise, lights or other incompatibles uses.

BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

BUILDING AREA shall mean the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of steps. All dimensions shall be measured between the exterior faces of walls.

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

BUILDING ENVELOPE shall mean the two-dimensional space within which a principal structure is permitted to be built on a lot and which is defined by minimum yard setbacks.

BUILDING HEIGHT . See Height of building.

BUILDING LINE shall mean a line parallel to the street line or other lot line which touches that part of the building closest to the street line or other lot line. In the case of a cantilevered section of a building, the building line will coincide with the most projected surface.

BUILDING, PRINCIPAL shall mean a building in which the principal use of a lot is conducted.

BULK shall mean a term used to indicate, but not limited to, the size, setbacks, and location of building.

CALIPER shall mean the diameter of a tree trunk measured in inches a distance of six (6) inches off the ground.

CANOPY shall mean a self-supporting roof-like structure or marquee without sides, permanently affixed to the wall of a building and providing overhead protection from the weather at an entrance to said building, which shall be construed to be a part of the building to which it is affixed.

CAPITAL IMPROVEMENT PROGRAM shall mean a timetable or schedule of all future capital improvements to be carried out during a specific period and listed in order of priority, and may also include cost estimates and the anticipated means of financing each project.

CARPORT shall mean a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three (3) sides.

CARTWAY shall mean the actual road surface from curbline to curbline, intended for vehicular use, inclusive of parking lanes and acceleration and deceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved width.

CAR WASH, AUTOMATIC shall mean a building or place of business where the washing of motor vehicles is carried on with the use of a chain or conveyor, blower and water and/or steam-cleaning device.

CAR WASH, HANDWASH shall mean a vehicle washing that does not include mechanized automatic washing.

CELLAR shall mean a space with less than one-half (1/2) of its floor to ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than six and one-half (6-1/2) feet.

CELLULAR COMMUNICATIONS ANTENNAS shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.

CEMETERY shall mean any site which contains the burial, marked or previously marked, dedicated to and used or intended to be used for the permanent internment of the human dead, to include perpetual-care and nonperpetual-care cemeteries, even though suffering neglect or abuse.

CERTIFICATE OF OCCUPANCY (CO) shall mean a certificate issued by the Construction Official allowing occupancy of the building and certifying that the structure or use has been constructed and will be used in compliance with all applicable State codes and this Zoning Ordinance.

CERTIFICATE OF CONTINUED OCCUPANCY (COO) shall mean a Certificate issued by the Construction Official upon a determination that the alleged use of the building or structure has lawfully existed and evidence (1) that a general inspection of the visible parts of the building has been made; (2) that any construction or alterations were made pursuant to construction permit requirements in effect at the time such construction or alteration occurred; and (3) that the building or structure is not unsafe or defined in the Uniform Construction Code.

CHANGE OF USE shall mean any use that substantially differs from the previous use of a building or land. A new use shall be deemed "substantially different" if it is outside the group number classification of the previous use as set forth in the "Standard Industrial Classification Manual" (1987).

CHANNEL shall mean a watercourse with a definite bed and banks which confine and conduct the normal continuous or intermittent flow of water.

CHILD CARE CENTER shall mean an establishment providing for the care, supervision, and protection of children that is licensed by the State of New Jersey pursuant to P.L. 1983, c.492 (C.30:5B-1 et seq.).

CIRCULATION SYSTEMS shall mean structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.

CITY, THE shall mean the City of Bayonne, New Jersey

CITY COUNCIL shall mean the Municipal Council of the City of Bayonne.

CLINIC shall mean an establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers and where patients are not usually lodged overnight.

COMBUSTIBLE LIQUIDS shall mean liquids with a flashpoint at or above one hundred (100) degrees Fahrenheit. Liquids with a flash point above three hundred (300) degrees Fahrenheit shall not be considered combustible for purposes of this chapter.

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.

COMMON OWNERSHIP shall mean ownership of two (2) or more contiguous parcels of real property by one (1) person or legal entity. Joint and/or common owners shall be deemed to be one (1) legal entity.

COMMON PROPERTY shall mean a parcel or parcels of land, together with the improvements thereon, in which the ownership, use and enjoyment of the same are shared by the owners and tenants of the individual dwelling units in the development.

COMMON WATER/SEWERAGE shall mean Water supply and/or sewage disposal systems, whether privately or publicly owned and operated, that serve two (2) or more dwellings or other buildings.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED shall mean any community residential facility licensed pursuant to N.J.S.A. 30-11B-1 et seq. providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (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" N.J.S.A. 26:2H-1 et seq. In the case of such 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.

COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES shall mean a community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq. providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (15) persons with head injuries, 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, 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," N.J.S.A. 26:2H-1 et seq.

COMMUNITY RESIDENCE FOR THE TERMINALLY ILL shall mean any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, for not more than fifteen (15) terminally ill persons.

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE shall mean any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to N.J.S.A. 30:14-1 et seq. providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than fifteen (15) persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

COMPLETE APPLICATION shall mean any and all material required by this chapter for review of development applications under the Land Use Regulations, including but not limited to the application form, affidavit of ownership, boundary descriptions, and plat maps in accordance with ordinance specifications.

CONDITIONAL USE shall mean a use permitted upon a showing that such use will comply with the conditions and standards as contained in Chapter 35, Zoning Regulations, and requiring the approval of the Planning Board or the Zoning Board of Adjustment.

CONDOMINIUM shall mean a building or group of buildings in which dwelling units, offices, or floor area are owned individually, and the structure, common areas and facilities are owned by the owners on a proportional, undivided basis.

CONDOMINIUM ASSOCIATION shall mean the community association that administers and maintains the common property and common elements of a condominium.

CONFERENCE CENTER shall mean a facility used for conferences and seminars, which may include accommodations for sleeping, food preparation and eating, recreation, resource facilities and meeting rooms.

CONSTRUCTION shall mean the act of adding an addition to an existing building or structure; the erection of a new principal or accessory, building or structure on a lot or property; alterations.

CONSTRUCTION OFFICIAL shall mean the Construction Official of the City of Bayonne.

CONSTRUCTION PERMIT shall mean legal authorization for the erection, alteration or extension of a structure.

CONTIGUOUS PARCELS shall mean tracts of land which share one (1) or more common boundaries.

CONVENTIONAL shall mean development other than planned development.

COUNTY, THE shall mean the County of Hudson, New Jersey.

COUNTY MASTER PLAN shall mean a composite of the plan elements for the physical development of Hudson County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board.

COUNTY PLANNING BOARD shall mean the Hudson County Planning Board.

COURTYARD OR COURT shall mean any open space, unobstructed from the ground to the sky, that is bounded on two (2) or more sides by the walls of a building.

CROSSWALK shall mean a right-of-way for pedestrian travel across an intersection.

CULTURAL shall mean activities or acts related to the past or present social and material traits of a group or groups of people.

CULVERT shall mean a structure under a driveway, road, railroad or pedestrian walk, not incorporated in a closed drainage system.

CUL-DE-SAC shall mean the turnaround at the end of the dead-end street.

CURB CUT (DROP CUT) shall mean the opening along the curb line at which point vehicles may enter or leave the roadway.

CURB LEVEL shall mean the level of the established curb in front of a building measured at the center of such front. Where no curb elevation has been established, the average elevation of the finished lot grade immediately adjacent to a building shall be considered the curb level.

CUT shall mean a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface or excavated surface.

CYBERHOTELS/TECHOTEL/SERVERFARMS/TELECOMMUNICATION CENTERS shall mean businesses that are equipment oriented generating relatively low employment often located in high security windowless buildings. These uses are infrastructure dependent with high electricity and telecommunications infrastructure requirements.

DAYS shall mean calendar days.

DEAD END STREET shall mean a street or portion of a street which is accessible by a single means of ingress or egress.

DECK shall mean a raised surface attached to a principal building at or above three (3) feet of the finished grade and not covered by a permanent roof.

DEDICATION FOR STREET PURPOSES shall mean a dedication of land for construction, reconstruction, widening, repairing, maintaining, using or improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said street, including, but not limited to, curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.

DENSITY shall mean the permitted number of dwelling units per gross area of land to be developed.

DEVELOPER shall mean the legal or beneficial owner or owners of a lot or of any land 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 excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land for which permission may be required pursuant to the Land Use Regulations of the City of Bayonne.

DEVELOPMENT, CONVENTIONAL shall mean development other than planned development or cluster development.

DEVELOPMENT REGULATION shall mean zoning, subdivision, site plan, official map or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.

DISTRICT shall mean a zoning district established pursuant to the provisions of Chapter 35, Zoning Regulations.

DORMITORY shall mean a residence hall providing rooms for individuals or for groups of students enrolled at an associated institution.

DRAINAGE RIGHT-OF-WAY shall mean the land required for the installation and maintenance of stormwater sewers or drainage ditches, grading or other means of stabilizing watercourses and runoff to prevent flooding and minimize erosion and sedimentation, or as required along a natural stream, body of water or watercourse to preserve the channelization and direction of water flow on and across the land to be developed including any remainder parcels to prevent onsite, off-site, on-tract and off-tract flooding and water damage to the public.

DRIVEWAY shall mean a paved or unpaved area used for ingress or egress of vehicles and allowing access from a street to a lot, building or other structure or facility.

DRIVE-IN USE shall mean an establishment that by design, physical facilities, service or packaging procedures encourages or permits customers to receive service, obtain goods, or be entertained while remaining in their motor vehicles.

DRY WELL shall mean a covered pit with an open jointed lining into which water is piped or directed from roofs, basement floors, other impervious surfaces or swales or pipes to seep or percolate into surrounding soil.

DWELLING shall mean a building or portion thereof that is used exclusively for human habitation. "Dwellings" may include but are not limited to the following types:

APARTMENT UNIT shall mean a portion of a multifamily or mixed use building designed and used exclusively as a dwelling.

FLAT shall mean a one-story apartment unit in a multifamily mixed use building.

GARDEN APARTMENT shall mean a building or group of buildings designed as an integral whole, for occupancy by four (4) or more families, living in separate apartments independently from each other.

SINGLE FAMILY DWELLING shall mean a detached one-family dwelling unit.

DOUBLE FAMILY DWELLING shall mean a detached residential building designed or occupied as a residence for two (2) families containing two (2) vertically or horizontally contiguous independent dwelling units, each such units consisting of a room or series of connected rooms having a separate entrance and containing living, cooking, sleeping and sanitary facilities for one (1) family.

MULTIPLE (MULTIFAMILY DWELLING) shall mean a building or portion thereof containing three (3) or more than three (3) dwelling units.

PATIO HOME shall mean a one-family dwelling on a separate lot with open space setbacks on three (3) sides and with a court.

TOWNHOUSE, ONE-FAMILY shall mean a one-family dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more vertical common fire resistant walls.

TOWNHOUSE, TWO-FAMILY shall mean a two-family dwelling in a row of at least two (2) such double units in which each individual unit is served by an exterior door with a private stairway, and in which each double unit is separated from any other double unit by one or more vertical common fire resistant walls.

DWELLING UNIT shall mean one (1) or more rooms designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

EASEMENT shall mean a right granted for the use of private land for certain public or quasi-public purposes; also the land to which such a right pertains.

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.

EMBANKMENT shall mean a man-made or natural deposit of soil, rock or other materials.

ENVIRONMENTAL IMPACT ASSESSMENT shall mean a study to determine the potential direct and indirect effects of a proposed development on the environment.

EROSION shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

ESSENTIAL SERVICES shall mean services needed for the health, safety, and general welfare of the community, such as underground, surface, or overhead electrical, gas, telephone, steam, water, sewerage, and other utilities and the equipment and appurtenances necessary for such systems to furnish an adequate level of service for the area in which it is located.

EXCAVATION shall mean removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances, other than vegetation, from the water, land surface or beneath the land surface, whether exposed or submerged.

EXISTING GRADE shall mean the vertical location of the ground surface prior to excavating or filling.

FAMILY shall mean a group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

FAMILY DAY CARE HOME shall mean any private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day care in which child care services are regularly provided to no less than three (3) and no more than five (5) children for no less than fifteen (15) hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:

       1. The child being cared for is legally related to the provider; or

       2. The child is being cared for as part of a cooperative agreement between parents for the care of their children by one (1) or more of the parents, where no payment, for the care is being provided.

FENCE shall mean a structure made of posts or stakes, joined together by boards, wire or rails, serving as an enclosure, a barrier or as a boundary.

FENCE LINE shall mean the established line of existing fences on a street, more or less parallel to the curbline. The fence line may be within the public right-of-way.

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

FINANCIAL INSTITUTION shall mean any structure wherein business of primarily a monetary nature is transacted, such as banks, savings and loans associations, mortgage companies and similar institutions.

FINAL PLAT shall mean the final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper County Recording Officer.

FLAMMABLE LIQUIDS shall mean liquids with a flash point below one hundred (100) degrees Fahrenheit.

FLASH POINT shall mean the minimum temperature in degrees Fahrenheit at which a flammable liquid will give off sufficient vapors to form an ignitable mixture with air near the surface or in the container, but will not sustain combustion.

FLOOD OR FLOODING shall mean a general and temporary condition or partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD DAMAGE, POTENTIAL shall mean the susceptibility of a specific land use at a particular location to damage by flooding and the potential of the specific land use to increase off-site flooding or flood-related damages.

FLOOD FRINGE AREA shall mean that portion of the flood hazard area outside the floodway, based on the total area inundated during the regulatory base flood plus twenty-five (25%) percent of the regulatory base flood discharge.

FLOOD HAZARD AREA shall mean the flood plain consisting of the floodway and the flood fringe area.

FLOOD INSURANCE RATE MAP (FIRM) shall mean 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 community.

FLOOD OF RECORD shall mean the greatest flood in the City for which accurate records are available.

FLOOD PLAIN . The same as the flood hazard area.

FLOOD, REGULATORY BASE shall mean flood having a one (1%) percent chance of being equaled or exceeded in any given year.

FLOODWAY shall mean the channel of a natural stream or river and portions of the flood plain adjoining the channel which are reasonable required to carry and discharge the floodwater or flood flow of any natural stream or river.

FLOOR AREA, NONRESIDENTIAL shall mean the sum of the area of all floors of buildings measured to the dimensions of the outside walls of the buildings, excluding (1) attic, basement and cellar floor area used solely for storage or utilities; (2) parking garages; (3) open porches, patios, terraces, breezeways, arcades, utility, mechanical and emergency power equipment areas; (4) guard houses; and (5) any open area above the ground floor within an open atrium space.

FLOOR AREA RESIDENTIAL shall mean the sum of the gross horizontal areas (including enclosed porches) of the several floors of a building or group of buildings on a lot, measured from the exterior faces of exterior walls or from the center line of a wall separating two (2) buildings, but excluding the following:

       1. Cellars.

       2. Any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building.

       3. Decks.

       4. Attics.

       5. Private garages of less than five hundred (500) square feet (either attached or detached).

FLOOR AREA RATIO (FAR) shall mean the sum of the floor area of all floors of buildings or structures compared to the total area of the site.

FOOD ESTABLISHMENT shall mean an establishment primarily engaged in the retail sale of food which is processed or otherwise prepared for the eventual consumption but not consumed on the premises. Such uses include but are not limited to the following: bakeries, delicatessens, ice cream parlors and bagel shops. Where such uses have tables, such uses shall be deemed restaurants.

FOOTCANDLE shall mean a unit for measuring illumination equaling the amount of direct light on a surface.

FOOTPRINT shall mean the ground floor area of a building/ buildings that cover the lot area.

FRONTAGE . See Lot, frontage.

FUNERAL HOME shall mean a building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

GARAGE, PARKING shall mean a building intended for the parking of motor vehicles.

GARAGE, PRIVATE shall mean a detached accessory building or a portion of the main building used primarily for the storage of a passenger vehicle or vehicles and not more than one (1) commercial vehicle of a rated capacity not exceeding three-quarter (3/4) tons, which commercial vehicle is owned or used by the occupant of the building to which the garage is accessory.

GARAGE, PUBLIC shall mean an enclosed building intended for the storage, servicing or repair of motor vehicles as a business or any facility that is a part of an agency dealing in new or used motor vehicles. A public garage shall not include a car wash or auto detailing facility.

GARBAGE DUMPSTER shall mean a metal, or equivalent, receptacle which is used for temporary storage of garbage refuse or any type of waste material; which is emptied on the premises by means of a mechanical device which is part of the collection vehicle.

GASOLINE SERVICE STATION . See Service station, gasoline.

GOVERNING BODY shall mean the Municipal Council of the City of Bayonne.

GOVERNMENT AGENCY shall mean any department, commission, independent agency or instrumentality of the United States, the State of New Jersey, and/or any county, municipal or other governmental unit.

GRADE FINISHED shall mean the final grade or elevation of the ground surface conforming to the proposed design.

GRADE LEVEL shall mean the mean elevation at the curb level opposite those walls of the building that are located within five (5) feet of the street line; or where all the walls of the building are more than five (5) feet from the street line, the mean elevation of finished grade where such a grade abuts the building.

GRADING shall mean any operation that modifies the existing topography such as cutting, stripping, filling, stockpiling or any combination thereof.

GROSS FLOOR AREA . In residences, shall be measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio and further excluding the area used as a cellar, basement and utility, heating and cooling rooms. Only those portions of floor areas in residential structures which are at or above grade and have a ceiling height above them of seven and one-half (7 1/2) feet or more or those floor areas on the top story which meet the definitions of a half-story shall be included in the "gross floor area." In, nonresidential structures, floor areas used for storage and other purposes, regardless of the ceiling height, shall be included in the "gross floor area," but floor areas used for utility, heating and cooling rooms shall be excluded. The "gross floor area" of any use sharing a common wall with another use shall be measured from the center of interior walls and the outside of exterior walls.

GROUND FLOOR shall mean the first floor of a building other than a cellar or basement.

GROUP HOME shall mean a community residence for the assisted care of persons with special needs that provides shelter and meals as well as personal care, counseling, social activities, transportation and other supportive services depending upon the nature of the facility. Group homes include but are not limited to assisted care boarding homes licensed by the State, single-family dwellings for the placement of children pursuant to N.J.S.A. 40:D-66c and community residences for the developmentally disabled* pursuant to N.J.S.A. 40:44D-66.2. Group homes shall contain a maximum of twelve (12) residences unless otherwise specified by State or Federal law.

HAZARDOUS MATERIALS shall mean any substance or material that, by reason of its toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance including, but not limited to: inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts, lead, nickel, and mercury and their inorganic salts, or metallo-organic derivatives; coal, tar acids, such as phenol and cresols and their salts, and all radioactive materials.

HEIGHT OF BUILDING shall mean the vertical distance from the average finished ground elevation on any side around the foundation of a building or structure to the level of the highest point of the roof surface.

HISTORIC shall mean a building, structure, object, site or landscape feature having a degree of significance or importance over or at a period of time.

HISTORIC DISTRICT shall mean one (1) or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

HOME OCCUPATION shall mean an activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling unit.

HOMEOWNERS' ASSOCIATION shall mean a community association, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.

HOME PROFESSIONAL OFFICE shall mean a home occupation consisting of the office of a practitioner of a recognized profession, including but not limited to offices of physicians, dentists, podiatrists, lawyers, architects, engineers, commercial artists, planners and clergymen.

HOSPITAL shall mean 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, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.

HOTEL shall mean any building including, but not limited to, any related structure, accessory building, and land appurtenant thereto, and any part thereof, including a restaurant, meeting rooms, and recreational facilities in which there are ten (10) or more guest rooms or suites used, maintained, advertised as, or held out to be, a place where sleeping or dwelling accommodations are available to transient or permanent guests.

HOUSE OF WORSHIP shall mean a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

HOUSEHOLD shall mean a family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.

HOUSEKEEPING UNIT shall mean one (1) or more persons living together in one (1) dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.

IMPERVIOUS COVERAGE shall mean any material which generally reduces or prevents absorption of stormwater into the ground, including but not limited to buildings, parking areas, driveways, sidewalks, paving and patios, but not swimming pools. All required parking areas which are permitted to remain unimproved and all gravel areas shall be considered as impervious surfaces.

IMPROVED LOT shall mean a lot upon which exists a structure or building.

INDUSTRIAL PARK shall mean an area wherein one (1) or more buildings are erected for industrial purposes in relation to one another as part of an integrated and comprehensively planned total unit, whether or not the buildings are erected simultaneously or over a period of time.

INSTITUTIONAL AND PUBLIC USES shall mean nonprofit public or quasi-public institutions and uses, such as public and private schools, hospitals, libraries and municipalityowned or operated buildings, structures or land used for public purposes, not including houses of worship.

KENNEL shall mean any premises or portion thereof, other than a veterinary hospital, on which more than four (4) dogs, cats, or other domestic animals over six (6) months in age are kept, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.

LAND shall mean ground, soil or earth, including improvements and fixtures on, above or below the surface.

LAND AREA shall mean the area contained within the lot lines of a lot not including any portion of a street right-of-way.

LAND DISTURBANCE shall mean any activity involving the clearing, cutting, excavating, filling, grading and other activity which causes land to be exposed to the danger of erosion.

LANDSCAPE FEATURE shall mean any grade, body of water, stream, rock, plant, shrub, tree, path, walkway, road, plaza, fountain, wall, sculpture or other form of natural or artificial landscaping.

LOADING SPACE shall mean an off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading with fifteen (15) feet of vertical clearance and lengths and widths that meet this chapter.

LOCAL UTILITY shall mean any sewerage authority pursuant to the "Sewerage Authorities Law," N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant to the "Municipal and County Utilities Authority Law," N.J.S.A. 40:14B-1 et seq.; or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provide gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.

LONG TERM CARE FACILITY/NURSING FACILITY/NURSING HOME shall mean a facility that is licensed by the Division of Health to provide health care under medical supervision and continuous nursing care for twenty-four (24) or more consecutive hours to two (2) or more patients who do not require the degree of care and treatment which a hospital provides and who, because of their physical or mental condition, require continuous nursing care and services above the level of room and board.

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

LOT AREA shall mean the total area within the lot lines of a lot but not including any street rights-of-way.

LOT CONSOLIDATION shall mean an action by the Planning Board eliminating lot lines from contiguous lots for tax billing purposes.

LOT, CORNER shall mean a parcel of land, either at the junction of and abutting on two (2) or more intersecting streets, or abutting a single street at the point where the road tangents deflect by more than forty-five (45) degrees. The greater frontage of a comer lot is its depth and the lesser frontage is its width.

LOT, COVERAGE shall mean that part of one (1) lot or more than one (1) lot which is improved or is proposed to be improved with buildings and/or other structures, including but not limited to driveways, parking lots, pedestrian walkways and other man-made improvements on the ground surface which are more impervious than the natural surface.

LOT DEPTH shall mean the minimum distance between its mean front lot line and its mean rear lot line.

LOT DISTURBANCE shall mean all areas disturbed for the purpose of the construction of buildings or other structures on an individual fee simple lot. This total shall include all disturbance including but not limited to building and structure areas, lawns and areas of tree removal.

LOT FRONTAGE shall mean the shortest distance between the intersection points of the side lines of a lot with the front street right-of-way line. In the case of comer lots, the frontage shall be measured along the lesser frontage.

LOT, INTERIOR shall mean a lot other than a comer lot.

LOT LINE shall mean a line of record bounding a lot that divides one (1) lot from another lot or from a public or private street or any other public space.

LOT LINE, FRONT shall mean the lot line separating a lot from a street right-of-way, also referred to as a "street line." In the case of corner lots, the front lot line shall be the street line with lesser frontage. In the case of through lots, the front lot line shall be the line on which the primary entrance of the principal building faces.

LOT LINE, REAR shall mean the lot line opposite and most distant from the front lot line, or the point at which the side lot lines meet.

LOT LINE, SIDE shall mean any lot line other than a front or rear lot line.

LOT, THROUGH shall mean a lot that fronts upon two (2) parallel streets or that fronts upon two (2) streets that do not intersect at the boundaries of the lot.

LOT WIDTH shall mean the distance between the side lot lines measured at the front setback line. On corner lots, lot width shall be measured at the front setback line parallel to the lesser frontage.

LUMEN shall mean a unit of measure for the flow of light.

MAINTENANCE GUARANTEE shall mean any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.

MAJOR SUBDIVISION shall mean all subdivisions not classified as minor subdivisions.

MARINA shall mean a facility for storing, servicing, fueling, berthing and securing of pleasure boats and which may include eating, sleeping and retail facilities for owners, crews and guests.

MARQUEE shall mean a hood, canopy, awning or permanent construction that projects from the wall of a building, usually above an entrance.

MASTER PLAN shall mean a composite of one (1) or more written or graphic proposals for the development of the City of Bayonne, showing objectives, policies and standards for development, covering land use, housing, circulation, utilities, community facilities, recreation, and conservation, written and adopted in a manner determined by law.

MAYOR shall mean the chief executive of the City.

MINOR SUBDIVISION shall mean a subdivision creating three (3) or less lots including the remainder of a lot and fronting on an existing street; provided that such subdivision does not involve the construction or substantial improvement of any new street or the extension of any off-tract improvement.

MLUL shall mean the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

MOBILE HOME shall mean a dwelling unit manufactured in one (1) or more sections, designed for long term occupancy; containing living and sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; and designed to be transported after fabrication on its own wheels, or on a flatbed or other trailers, arriving at the site where it is to be occupied as a dwelling complete, usually including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations. Travel trailers and campers are not considered mobile homes.

MOTEL (OR MOTOR LODGE) shall mean one (1) or more buildings designed for transitory occupancy by travelers with parking space in proximity to each individual unit.

MULTIFAMILY shall mean a building containing three (3) or more dwelling units that share common horizontal separations. See Dwelling, multiple.

MUNICIPAL AGENCY shall mean the Planning Board, Board of Adjustment or the City Council when acting pursuant to the Municipal Land Use Law. Municipal resident shall mean a person who is domiciled in the City of Bayonne.

MUNICIPAL USE shall mean any governmental use made by the City of Bayonne of property owned or leased by it or legally under control by easement, license or otherwise.

MUNICIPALITY shall mean City of Bayonne.

MUSEUM shall mean a nonprofit, noncommercial establishment operated as a repository for collected natural, scientific, historic or literary objects of interest or works of art which are open to the public and not regularly engaged for profit in the sale or distribution of the objects collected.

NARCOTIC AND DRUG ABUSE TREATMENT CENTER shall mean any licensed institution, facility, place, building or agency which supplies care, treatment, services, maintenance, accommodation or board, or any of them, in a group setting primarily or exclusively for individuals having any type of habitation, dependency or addiction to the use of any kind of controlled substance, narcotic drug or other type of drug; and which provides guidance, supervision and personal services which enable the drug user, dependent or addict to move into independent living in normal surroundings, but does not provide those services that can be rendered only by a physician or with the confines of a hospital, and does not provide a permanent residence but only a temporary one.

NATURAL GROUND SURFACE shall mean the ground surface in its original state before any grading, excavation or filling.

NET ANNUAL RETURN shall mean the amount by which earned income yielded by the improvement parcel during a test year exceeds the operating expenses of such parcel, including mortgage interest and amortization.

NIGHTCLUB shall mean any room, building or place in which any musical entertainment, singing, dancing or other similar amusement is permitted in connection with the restaurant business or business of directly or indirectly selling food or drink to the public.

NONCONFORMING LOT shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING SIGN shall mean any sign lawfully existing on the effective date of an ordinance or any amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of such ordinance.

NONCONFORMING STRUCTURE shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails to conform to the requirements of the zoning 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 a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NOTICE TO PROCEED shall mean a document attesting that an emergency situation exists, as certified by the Building or Zoning/Administrative Officer, requiring an immediate issuance of a building permit or other permit to commence to stabilize, secure, repair or protect a landmark building, structure, object, site or landscape feature.

NURSERY SCHOOL . See Child care center.

NURSING FACILITY/NURSING HOME . See Long term care facility.

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

OBLIGOR shall mean any individual, firm, association, corporation or any other legal entity and shall include the owner or subdivider, or both, as may be required by the City. The obligor shall be responsible for posting and executing any required performance guaranty.

OBSTRUCTION shall mean and include, but not be limited to, any structure, fill, excavation, channel modification, embankment, rock, gravel, refuse or matter in, along, across, or projecting into any street, right of way, sidewalk, channel, watercourse or flood hazard area which may impede, retard or change the direction of the flow of traffic, persons, water or other materials.

OFFICE shall mean a place for the transaction of business where reports are prepared, records are kept and services rendered, but where no retail sales are offered and where no manufacturing, assembly or fabricating takes place.

OFFICIAL MAP shall mean a map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.

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 a 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-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 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, COMMON shall mean an open space area within or related to a site designated as a development and designed and intended for 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.

OWNER shall mean an individual, firm, association, syndicate, co-partnership or corporation having sufficient propriety interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.

PARK shall mean a tract of land designed and used by the public for active or passive recreation.

PARKING AREA, PRIVATE shall mean any open area, including parking spaces and aisles, providing direct access thereto, used for the temporary storage of automobiles and other permitted vehicles for the private use of the owners or occupants of the lot on which the area is located.

PARKING AREA, PUBLIC shall mean any open area, other than a street or other public way, including parking spaces and aisles, providing direct access thereto, used for the temporary storage of automobiles and other permitted vehicles and available to the public, with or without compensation, or as an accommodation for clients, customers and employees.

PARKING FACILITY shall mean any public or private parking area or garage.

PARKING SPACE shall mean a space for the off-street parking of one (1) operable, licensed motor vehicle within a public or private parking area.

PATIO shall mean a level, surfaced area directly adjacent to a principal building at or within one and one-half (1 1/2) feet of the finished grade, not covered by a permanent roof. Patio home. See Dwelling, patio home.

PERFORMANCE GUARANTEE shall mean any security which may be accepted by the City, including cash, provided that a municipality shall not require more than ten (10%) percent of the total performance guarantee in cash.

PERFORMANCE STANDARDS shall mean criteria or limits relating to certain characteristics that a particular use or process may not exceed and (a) adopted by Chapter 35, Zoning Regulations or (b) required by other applicable City, State, or Federal Laws or regulations.

PERMIT shall mean a certificate issued to perform work under this chapter.

PERMITTED USE shall mean any use of land or buildings as permitted by this chapter.

PERSON shall mean a corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, the State and all political subdivisions of the State or any agency or instrumentality thereof.

PERSONAL SERVICES shall mean establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.

PLANNED UNIT RESIDENTIAL DEVELOPMENT shall mean an area with a specified minimum contiguous acreage of five (5) acres or more to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.

PLANNING BOARD shall mean the Planning Board of the City of Bayonne, established pursuant to subsection 33-3.3 of the Revised General Ordinances of the City of Bayonne, and N.J.S.A. 40:55D-23.

PLAYGROUND shall mean a piece of land used for and usually equipped with recreational facilities for recreation.

PLAZA shall mean an open area for the general public's use and which is designed for pedestrian access from the street level(s) which it abuts and which is an open area designed in addition to any required yard area or open spaces generated by maximum coverage regulations (quite often an area generated by erecting a building on stilts) and which may have improved surfacing, sitting areas and landscaping.

PLAT shall mean a map of subdivision or site plan.

PORCH shall mean a roofed open area, which may be screened, usually attached to a part of and having direct access to and from a building.

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 scope, scale and relationship to its site and immediate environs.

PRINCIPAL BUILDING shall mean a building in which is conducted the main use of the lot.

PRINCIPAL STRUCTURE shall mean a structure in which the principal use of a lot on which the structure is located is conducted.

PRINCIPAL USE shall mean the primary purpose for which a lot or building is used.

PRIVATE SCHOOL shall mean an institution of academic education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the Commission on Higher Education.

PROFESSIONAL OFFICE shall mean the office of a member of a recognized profession, maintained for the conduct of professions including, but not limited to, physicians, chiropractors, dentists, attorneys, engineers, architects, planners, but not including real estate sales offices or nonprofessional business offices.

PROFESSIONAL REVIEW shall mean technical review of applications for development by staff or retained consultants, who are considered competent and prepared by virtue of their expertise, training, education and/or licensure to undertake such review for the land use of the City of Bayonne. All professional review shall take place under the supervision of New Jersey licensed professional planners, attorneys, engineers, architects, landscape architects or surveyors.

PUBLIC AREAS shall mean (i) public parks, playgrounds, trails, paths and other recreational areas; (ii) other public open spaces; (iii) scenic and historic sites; and (iv) 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 stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to 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 non-point pollution.

PUBLIC OPEN SPACE shall mean an open space conveyed or otherwise dedicated to a municipality, municipal agency, board of education, State or County agency, or other public body for recreational or conservational uses.

PUBLIC PURPOSE shall mean the use of land or buildings by the Governing Body, City School Board or some officially created City agency or authority.

PUBLIC UTILITY FACILITIES shall mean telephone and electric lines, poles, equipment and structures, water or gas pipes, hydrants, valves, mains or structures or sewer pipes, together with accessories and appurtenances, maintained, operated and conducted for the service, convenience, necessity, health and welfare of the public.

QUASI-PUBLIC shall mean a structure or use owned or operated by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of public programs.

QUORUM shall mean a majority of the full authorized membership of a municipal agency.

RECREATION FACILITY shall mean a place where sports, leisure time activities and customary and usual recreational activities are carried out.

RECREATION FACILITY, PERSONAL shall mean an accessory use located on the same lot as the principal permitted use and designed to be used primarily for the occupants of the principal use and their guests.

RECREATION FACILITY, PRIVATE shall mean facilities operated by a private organization and open only to bona fide members and guests of such organization.

RECREATION, FACILITY, PUBLIC shall mean facilities operated by the City, County or other governmental agency.

RECREATIONAL VEHICLE shall mean a vehicle without permanent foundation that can be towed, hauled or driven and primarily designed as temporary living accommodations for recreational, camping and travel use.

RECYCLING SITE shall mean premises where materials containing scrap metal and glass are brought to be sorted, baled, or compacted and then shipped to another location for use in a substantially different form. A recycling site does not include any use involving hazardous materials or flammable materials or the exposure of merchandise for retail use at the site.

RELOCATION shall mean any change of the location of a building, object site, structure or landscape feature in its setting or to another setting.

RESEARCH LABORATORY shall mean a facility limited to laboratories engaged in scientific investigation testing or the production of factual information for industrial, commercial or institutional clients.

RESIDENTIAL CLUSTER shall mean a contiguous or noncontiguous area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space as an appurtenance.

RESIDENTIAL DENSITY shall mean the number of dwelling units per gross acre of residential land use including streets, easements and open space portions of a development.

RESOURCE shall mean a collection of buildings, objects, sites, structures, landscape features or areas that exemplify the cultural, social, economic, political, archaeological or architectural history of the nation, State or City.

RESUBDIVISION shall mean the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or 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 made so as to combine existing lots by deed or other instrument.

RIGHT-OF-WAY shall mean land set aside for use as a street, alley, or common means of communication, travel or drainage.

ROW HOUSE shall mean one (1) of an unbroken line of houses sharing one (1) or more sidewalls with its neighbors, or one (1) of a number of similarly constructed houses in a row; usually in a housing development.

SATELLITE DISH EARTH STATION AND ANTENNAS shall mean any apparatus, including structural supports, which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals, with the exception of conventional television antennas. Such apparatus is commonly referred to as dish a antenna.

SCHOOL shall mean any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.

SEDIMENTATION shall mean the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SERVICE STATION, GASOLINE shall mean premises where gasoline or other motor fuels, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where normal automobile maintenance and minor repairs are performed, exclusive of automobile repair garage, auto body work and auto laundry.

SETBACK LINE shall mean a line drawn parallel with lot line and drawn through the point of a building lying nearest to the street line or lot line.

SIGN shall mean any name, identification, description, display or device 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, place, object, product, business, entertainment, service or profession.

SIGN, ADDRESS shall mean a sign which bears only the name(s) of the individual building occupant(s) and/or the property address(es) and post office number(s).

SIGN, ADVERTISING AND BILLBOARD shall mean a sign, freestanding or attached to a building or structure, which directs attention to a business, commodity, service, or entertainment sold or offered elsewhere than upon the premises where such sign is located, or to which it is affixed.

SIGN AREA :

       1. The sign area of a box sign shall be the area of the box enclosing the illuminating apparatus to which the lettering and/or symbols is applied.

       2. The sign area of an individual letter sign shall be the area of the smallest single rectangle which encompasses all lettering and/or symbols.

       3. The sign area of a flat sign shall be the area of the backing to which the lettering and/or symbol is applied.

       4. The sign area of a projecting sign or freestanding sign shall be defined as the above items (1) and (3) except that both sides of a projection or freestanding sign shall be considered in determining the sign area.

       5. Name and property address signs, governmental and public utility signs, legal and other required notice signs and traffic, parking and directional signs shall not be considered in determining the sign area of a building.

SIGN, AWNING shall mean a sign on or attached to a temporary retractable shelter which is supported entirely by the exterior wall of a building.

SIGN, BOX shall mean a sign consisting of individually painted, plastic, metal, or wood letters or symbols applied to or embossed in an enclosure containing interior illumination or an apparatus for interior illumination or an apparatus for interior illumination of the background, the individual letters and/or symbols.

SIGN, BUSINESS shall mean a sign which directs attention to a business, profession, commodity service, or entertainment offered or sold upon the premises where such sign is located or to which it is affixed.

SIGN, CANOPY shall mean a sign on or attached to a permanent overhanging shelter which projects from the face of a building and is supported only partially by the building.

SIGN FACADE AREA shall mean that area of a building facade fronting on a public right-of-way which is occupied by a single occupant. The sign facade area shall be the product of the sign frontage and the floor-to-floor height of the occupied space. Where all floors are occupied by a single use, the sign facade area shall be the product of the sign frontage and the floor-to-roof height (with parapets and/or other flat work omitted).

SIGN, FLASHING shall mean an illuminated sign on which the attached artificial light is not stationary and/or constant in intensity and color at all times when such sign is in use. Any revolving, illuminated sign shall be considered a flashing sign.

SIGN, FLAT shall mean a sign consisting of individually painted, plastic, metal or wood letters applied, embossed or engraved on a flat backing which is attached to a building facade, freestanding support, or other structure.

SIGN FRONTAGE shall mean the length along each occupiable floor of a building front or building side which faces a street or a private way directly accessible from a street which is occupied by a separate and distinct use.

SIGN, GOVERNMENTAL AND PUBLIC UTILITY LOGO shall mean flags and insignia of any government and/or public utility except when displayed as a commercial promotion.

SIGN, HOME PROFESSIONAL shall mean a sign which identifies a permitted home professional occupation, affixed to the structure.

SIGN, IDENTITY shall mean a sign which identifies the name of a building, the primary occupant, or the principal use of the premises not related to a business or any combination of the above.

SIGN, ILLUMINATED shall mean a sign which is artificially lit by an exterior apparatus or which contains interior illumination or apparatus for interior illumination of the background, individual letters, and/or symbols of a sign.

SIGN, INDIVIDUAL LETTER shall mean a sign which consists of individual plastic, wood, metal or other material, letter(s) and/or symbol(s) which are attached directly to the facade of a building.

SIGN, INSTITUTIONAL AND CHURCH BULLETIN shall mean a board or panel with means for interchanging letters and/or messages which is erected and maintained by a church, synagogue, temple, school, governmental building, or other approved religious or institutional use for the purpose of announcing events related to such institution or church.

SIGN, MARQUEE shall mean a sign on or attached to a permanent overhanging shelter which projects from the face of a building and is entirely supported by the building.

SIGN, PROJECTING shall mean a sign containing the sign message in a plane or planes not parallel to the building to which it is attached.

SIGN, ROOF shall mean a sign located on the roof of a building or supported by the roof of a building.

SIGN, WALL shall mean a sign attached to a building in such a manner that the sign message is parallel to the face of the building to which it is attached.

SIGN, WINDOW shall mean a sign which is mounted on the inside of a window in such a manner that it can be viewed from the exterior of a building.

SITE DISTANCE shall mean a line of unobstructed vision from a point three (3) feet above the centerline of a street, alley or excess driveway to the nearest point on the top of an object four (4) inches high on the same centerline.

SITE PLAN shall mean a development plan of one (1) 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 review and approval requirements of this chapter.

SIGHT TRIANGLE shall mean a triangular area at a street intersection where vision is unobstructed, which area is formed by the intersection street lines and a line drawn between points on the street centerline located seventy-five (75) feet from the intersection of the centerlines.

SKETCH PLAT shall mean the sketch map of the subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.

SOCIAL CLUB OR LODGE shall mean a nationally, State or locally affiliated and chartered association of persons for promotion of some nonprofit common objectives, such as literature, science, politics, good fellowship, etc., meeting periodically, limited to members and their guests. The sale of alcoholic beverages to members and their guests may be allowed, provided it is secondary and incidental to the promotion of some other common objective by the organization.

SOCIAL CLUB (OR CLUB, FRATERNAL LODGE), STORE FRONT shall mean a social club entity as defined in this chapter, converting premises formerly used for business or commerce, to use (a) exclusively or primarily as a meeting or gathering place; (b) for generally noncommercial purposes; and (c) exclusively or primarily for individuals with similar tastes or interests. It shall not be sufficient to exclude an entity from this definition that occasionally uses its premises for commercial purposes or occasionally is open to members of the general public.

STORY shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between the floor and the ceiling next above it; the interior of a roof shall be considered one-half (1/2) story.

STORY, HALF shall mean a story under a pitched roof at the top of a building.

STREET shall mean any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing State, County or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the County Recording Officer and includes the land between the right-of-way lines whether improved or unimproved and may comprise pavement, shoulders, gutters, sidewalks, parking lanes and other areas within the right-of-way lines. For the purpose of this chapter, streets shall be classified as follows:

       1. Residential service streets shall mean streets providing direct access to residential structures, and intended primarily to serve only the properties along them.

       2. Local streets shall mean streets connecting residential service streets, providing access to community facilities and secondary traffic arteries and intended primarily for the use of neighborhood traffic.

       3. Collector streets shall mean streets connecting feeder streets to major traffic streets, intended primarily for interneighborhood and commuter traffic.

       4. Arterial streets shall mean streets serving large volumes of comparatively long distance, high speed traffic and intended primarily for intercity and commuter traffic.

STREET LINE shall mean the street right-of-way line forming the dividing line between the street and a lot.

STRUCTURE shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.

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

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 chapter, if no new streets are created: (a) divisions of land found by the Planning Board of 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 interstate provisions, (c) divisions of property upon court order and (d) conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION AND SITE PLAN 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 and site plans and such other duties relating to land subdivision and site plan review which may be conferred on this Committee by the Board.

SUBSTANTIAL IMPROVEMENTS shall mean any improvement or repair of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure before the improvement is started or, if the property has been damaged and is being restored, before the damage has occurred.

SUPERMARKET shall mean a retail establishment primarily selling food as well as other conveniences and household goods.

SWIMMING POOL shall mean private residential and public pools, permanently constructed, above or below ground, having a depth of more than twenty-four (24) inches and/or a water surface of more than one hundred (100) square feet, designed and maintained for swimming and bathing purposes; pools include all buildings, structures and equipment appurtenant thereto.

SWIMMING POOL, PORTABLE shall mean a pool not permanently installed lacking water filtration, circulation and purification systems, without braces or supports, and having less than two (2) feet of water in depth and less than one hundred (100) square feet of water surface area.

TRAILER (TRUCKING) shall mean any structure designed for the purpose of mounting upon wheels, but incapable of moving or traveling under its own power other than when attached to a motorized trucking cab for the purpose of traveling or hauling.

TRAILER CAMP shall mean any premises on which are parked two (2) or more vehicles designed, intended, arranged or used for housekeeping and sleeping purposes, or any premises used or offered for the purpose of supplying to the public a parking space for two (2) or more such vehicles, whether such vehicles stand on wheels or rigid supports.

VARIANCE shall mean permission from the appropriate authority to depart from the literal requirements of the chapters comprising the Land Development Regulations of the City of Bayonne.

VENDING MACHINE shall mean any self-service device offered for public use which, upon insertion of a coin, coins or token, or by other means, dispenses unit servings of food or beverage, either in bulk or in package.

VETERINARY HOSPITAL shall mean a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.

WAREHOUSE shall mean a building used primarily for the storage of goods and materials operated for a specific commercial establishment in a particular industrial or economic development areas.

YARD, FRONT shall mean an open space, extending along the full width of the lot, bounded in front by the street line, if straight, or by the line tangent to the street line at the midpoint of the frontage, if curved, and bounded in the rear by a straight line drawn through the front most building point and parallel to the front line.

YARD, REAR shall mean an open space extending along the full width of the lot bounded in the rear by the rear lot line, if straight, or by the line drawn tangent at the midpoint of the rear lot line to the rear lot line, if curved, and bounded in front by a straight line drawn through the rear-most building point and parallel to the rear line.

YARD, SIDE shall mean an open space extending from the front yard to the rear yard and lying between the side lot line and the closest building point on either side.

ZERO LOT LINE shall mean the location of a building on a lot in such a manner that one (1) or more of the building's sides rest directly on a lot line.

ZONING BOARD OF ADJUSTMENT shall mean the Zoning Board of Adjustment of the City of Bayonne established pursuant to subsection 33-3.4 of the Revised General Ordinances of the City of Bayonne, and N.J.S.A. 40:55D-69.

ZONING OFFICER shall mean the officer charged with the administration and enforcement of Chapter 35, Zoning Regulations.

ZONING PERMIT shall mean a document signed by the Zoning 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 the zoning ordinance or variance therefrom duly authorized by an approving agency and as set forth in this chapter.

ZONING REGULATIONS shall mean Chapter 35 of the Revised General Ordinances of the City of Bayonne.

COAH shall mean the New Jersey Council on Affordable Housing.

DEVELOPMENT FEES shall mean money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAHs rules.

EQUALIZED ASSESSED VALUE shall mean the value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.

SUBSTANTIVE CERTIFICATION shall mean a determination by COAH approving a municipalitys housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six (6) years in accordance with the terms and conditions therein.

FRONT YARD SETBACK : The linear distance between the principal facade of a building or structure and the nearest public street or right-of-way. Ancillary elements of a building such as entrance porticos, staircase/elevator risers, window bays, etc. may project into the front yard setback for a maximum distance of 5 feet.

ADMINISTRATIVE APPROVAL shall mean the process for locating antennas and radio equipment on or within defined zones or locations that shall not require conditional use approval in accordance with N.J.S.A. 40:55D-67 of the Municipal Land Use Law or "Site plan approval" N.J.S.A. 40:55D-46, or any variance in accordance with N.J.S.A. 40:55D-70(a) or (d) of the Municipal Land Use Laws.

ADMINISTRATIVE REVIEW shall mean an applicant for a wireless facility entitled to a administrative approval shall meet with the City Planning Administrator and the City Engineer to discuss the proposed location of the wireless communication antennas, the proposed location and possible landscape screening of any accessory shelters housing the related electronic equipment, and any other construction that may be proposed or required regarding the installation of the proposed antennas. Pursuant to the instruction given to the applicant by the City Planning Administrator and the City Engineer at the time of meeting, the applicant thereafter shall submit plans and documentation for review, approval and signing by the City Planning Administrator, the City Engineer, and thereafter a construction permit shall be issued. No construction permit, however, shall be issued by the Construction Official until her or she is in receipt of such signed plans.

ALTERNATIVE TOWER STRUCTURE shall mean man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers and similar alternative design mounting or stealth structures that camouflage or conceal the presence of antennas or towers.

ANCILLARY FACILITIES shall mean the buildings, cabinets, vaults, closures and equipment required for operation of telecommunications systems including but not limited to repeaters, equipment housing and ventilation and other mechanical equipment.

ANTENNA shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.

BACKHAUL NETWORK shall mean the lines that connect a provider's towers/cell sites to one (1) or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.

CO-LOCATION shall mean when two (2) or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.

FAA shall mean the Federal Aviation Administration.

FCC shall mean the Federal Communications Commission.

GUYED TOWER shall mean a tower that is supported or braced through the use of cables (guy wires) that are permanently anchored.

HEIGHT shall mean when referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

LATTICE TOWER shall mean a type of tower that is self-supporting with multiple legs and cross bracing of structural steel.

MONOPOLE shall mean the type of tower that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.

MOUNT shall mean the surface or structure upon which antennas are mounted, including the following three (3) types of mounts:

       a. Building mount. Mounted on the roof or the side of a building.

       b. Ground mounted. Antenna support (tower) mounted on the ground.

       c. Structure mounted. Mounted on or in a structure other than a building.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS shall mean any tower or antenna for which a building permit or development application approval has been properly issued prior to the effective date of this section including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

PREFERRED LOCATIONS shall mean locations that are listed in subsection 35-26.8b. that have been found to be the most desirable for the location of personal wireless service facilities because of the existing development in the area or on the site, the types of buildings already existing at the site, the existence of similar or compatible facilities at the particular site, the commercial or industrial nature of the area, the zoning designation of the area, and/or the technical suitability of the particular location.

       It is the burden of the applicant on any application to provide reasons why a certain preferential location is more suitable than a listed preferred location that precedes it.

RADIO FREQUENCY RADIATION (RFR) , for the purposes of this section, shall mean the emissions from wireless telecommunications facilities or any electromagnetic energy within the frequency range from 9.003 MHZ to 30,000 MHZ.

STEALTH DESIGN shall mean a telecommunication facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment. (See Alternative Tower Structure)

TOWERS shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, lighting towers, alternative tower structures and the like. The term includes the structure and any support thereto.

TYPE 1 FACILITY shall mean (a) a new monopole to which an antenna or antenna array is attached or (b) an existing monopole that is modified or rebuilt to a taller height.

       The definition of Type 1 facility also includes the associated equipment enclosure.

TYPE 2 FACILITY shall mean (a) a building-mounted antenna or antenna array that does not meet the conditions of a Type 3 facility or (b) an antenna or antenna array added to an existing monopole where there is no modification required related to the height of the monopole.

       The definition of Type 2 facility also includes the associated equipment enclosure.

TYPE 3 FACILITY shall mean a roof-mounted antenna or antenna array that meets the following conditions:

       a. The vertical dimension of the antenna(s) together with the associated mounting equipment and cabinets does not exceed twenty (20%) percent, but not more then ten (10) feet, of the height on the building on which it is mounted; and

       b. The facility is categorically excluded from routine monitoring by virtue of the power output of all antennas placed on the building pursuant to the standards set forth by the FCC as those standards may be modified from time to time.

       1. The power output is measured in Watts, Effective Radiated Power (ERP) or Effective Isotropic Radiated Power (EIRP); and

       2. It is assumed for the purpose of calculation that all channels are operating simultaneously and continuously at maximum power; and

       3. The power is calculated as a sum of the output of all antennas from all carriers that share the building.

       The definition of Type 3 facility also includes the associated equipment enclosure.

TYPE 4 FACILITY shall mean an antenna or antenna array mounted on an existing street or light pole that does not otherwise meet the criteria of a Type 5 facility.

TYPE 5 FACILITY shall mean a single array and transmitter mounted on a structure such as an existing street or light pole within a developed street, with the associated equipment enclosure mounted on the pole or installed completely below grade and the total power output not to exceed 10W and is less than sixteen (14 x 16) inches in length and width and eight (8) inches in depth including all associated equipment, and may have an antenna with a length not to exceed thirty (30) inches.

WIRELESS COMMUNICATIONS shall mean any personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is exclusively for receive-only antennas, nor does it include noncellular telephone service.

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

ADMINISTRATIVE OFFICER shall mean the Zoning Officer or other person designated by the Mayor to handle the administration of historic project review applications as well as the coordination of building permit applications as referenced in this chapter.

AFFECTING A HISTORIC SITE OR HISTORIC DISTRICT shall mean any development activity which alters the exterior architectural appearance of an historic site or any improvement within an historic district.

ALTERATION shall mean any work done on any improvement which (i) is not an addition to the improvement and (ii) constitutes a change by addition or replacement in the exterior architectural appearance of an improvement.

APPLICATION shall mean a request to the Historic Preservation Commission completed on forms available from the administrative officer or the Commission, to review a proposal for addition, alteration, demolition or other work on any structure or property located in an historic district, for purposes of obtaining certification by the Commission that the application is acceptable in terms of the review standards set forth in this chapter. Application shall include any application for development made to the Construction Official, Planning Board or Board of Adjustment which must be referred to the Commission for review.

DEMOLITION shall mean the partial or total razing, dismantling or destruction of any historic site or any improvement within an historic district.

DEVELOPMENT shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alterations, relocation or enlargement of any building or other structure or of any mining excavation or landfill, and any use or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. or Chapter 35, Zoning Regulations, of the Revised General Ordinances of the City of Bayonne.

HISTORIC DISTRICT shall mean those areas which comprise (i) one or more historic sites and intervening or surrounding property significantly affecting, or affected by, the quality and character of the historic site or sites; or (ii) a definable group of tax map lots, the improvements on which when viewed collectively:

       a. Represent a significant period or periods in the architectural and social history of the municipality; and/or

       b. Because of their unique character can readily be viewed as an area or neighborhood distinct from surrounding portions of the municipality; or

       c. Have a unique character resulting from their architectural style.

RESOURCES WITHIN AN HISTORIC DISTRICT shall be classified as either key, contributing, or noncontributing:

KEY shall mean any buildings, structures, sites or objects which, due to their significance, would individually qualify for landmark status.

CONTRIBUTING shall mean any buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant, or because they represent an architectural type, period, or method for which the district is significant.

NONCONTRIBUTING shall mean any buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period, or method for which the district is significant.

HISTORIC SITE shall mean any real property, man-made structure, natural object or any portion or group of the foregoing which is of historical, architectural, cultural, scenic or archeological significance.

IMPROVEMENT shall mean any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than one hundred eighty (180) days.

INTEGRITY shall mean 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.

INTERESTED PARTY shall mean any person whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire, or enjoy property under this chapter or under any other laws 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.

INVENTORY shall mean a list of historic properties determined to meet specified criteria of significance.

LANDMARK shall mean an historic site as defined in this chapter.

MASTER PLAN shall mean the Master Plan of the City of Bayonne, adopted by the Planning Board, as the same may be amended from time to time.

NATIONAL REGISTER CRITERIA shall mean the established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places. Ordinary maintenance shall mean repair of any deterioration, wear, or damage to a structure, in order to return the same, as nearly as practicable, to its condition prior to the occurrence of such deterioration, wear, or damage with materials and workmanship of the same quality

ORDINARY MAINTENANCE shall further include replacement of exterior elements or accessory hardware, including signs, using the same materials and workmanship and having the same appearance.

PERMIT shall mean any permit required to be obtained from the Construction Official, the Zoning Officer, or the Department of Public Works and Parks in conjunction with construction, alteration, renovation or other work to be done on or about a property.

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

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

RECONSTRUCTION shall mean 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.

REHABILITATION shall mean 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.

REMOVAL shall mean the partial or complete removal of a structure.

REPAIR shall mean any work done on an improvement that is not an addition and does not change the exterior appearance of any improvement.

RESTORATION shall mean 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.

STRUCTURE shall mean a combination of materials to form a construction for occupancy, use, or ornamentation whether installed on, above, or below the surface of a parcel of land.