[Ord. 6/26/79 § 200; Ord. 9/11/84 § 1; Ord. 91-14 § I; Ord. 96-15 § I; Ord. No. 2005-06 § 1; Ord. No. 2005-09, Ord. No. 2006-06 § 1; Ord. No. 2011-13; Ord. No. 2017-12 § 2]
For the purposes of this chapter, certain phrases and words are herein described as follows:
The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; the word "lot" includes the words "plot," "premises," "tract;" the word "building" includes the words "structure," "dwelling" or "residence." Any word or term not defined herein shall be used with the meaning of standard use. Moreover, whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1, et seq., such term is intended to have the meaning as defined in such statutes, unless specifically defined to the contrary in this chapter.
ACCESSORY USEshall mean a building, or a portion of a building, use or structure, or portion of a structure, customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with the principal use or building, whether the same be attached or detached.
[Added 5-8-2018 by Ord. No. 2018-06]
ADMINISTRATIVE OFFICERshall mean the Zoning Officer of the Borough of Allenhurst, Monmouth County, New Jersey.
ALTERATIONS OR ADDITIONS, STRUCTURALshall mean any change in or addition to the supporting members of a building such as walls, columns, beams, girders, posts, or piers. All additions shall conform to the development regulations of the Borough of Allenhurst, including but not limited to use, setback, coverage, and other bulk requirements for development.
ARCHITECTURAL DRAWINGSshall mean drawings prepared, signed and sealed by a New Jersey licensed architect, or drawings prepared by an applicant, which clearly and unambiguously indicate all existing structures on the property, and all proposed changes and new work in the case of an addition or modification, or all that is proposed to be constructed on the property if the proposal is for new construction. Drawings shall include a site plan, floor plans and elevations in sufficient scale and detail to convey the existing and the intended new work, and also show all impervious coverage existing and being proposed. The elevation drawings shall indicate all features (i.e. dormers, windows, roofs, trim, etc.) and surface finishes proposed for the project. Plans shall indicate the intended use of all rooms, terraces, porches, etc. on all floors of the building or structure.
BASEMENTshall mean that portion of a building which is partly or completely below grade and being at least one-half (1/2) its height below grade. The term basement shall be used interchangeably with cellar, and the definition of both words shall be the same for purposes of the Borough's Development Regulations, Development Procedures, Historic Preservation Ordinance, Design Guidelines, and any other section of the Borough's Ordinances associated with construction or development on properties within the Borough.
BOARDING HOUSEshall mean a dwelling with sleeping rooms used or intended for permanent or transient guests being lodged with meals for a fee and/or rent.
BUILDINGshall mean any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers, or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.
BUILDING, ACCESSORYshall mean any building that is not used for occupancy for residential or commercial purposes, but is used ancillary to any principal building, and shall include garage, shed, recreation shelter, or any other building that is not a principal building.
BUILDING COVERAGEshall mean the square footage or other area measurement by which the principal building and/or structure, and any detached garage with living space, occupies the lot as measured on a horizontal plane at the closest points to any lot line. The maximum building coverage requirements permitted by this chapter shall be the total area of the principal building and/or structure, and shall include all attached decks, patios, and/or porches, and attached or integral garages, except that for single-family residential dwellings, building coverage shall not include any open, unenclosed portion of a first floor porch or porte cochere that extends into a front yard or side yard from the building line. If a first floor, open front porch or porte cochere has any enclosed area, or there is an enclosed area on any story above the first floor, such enclosed area on the first floor and/or any story above the first floor shall be included in the building coverage calculation.
BUILDING FRONTshall mean the main outer wall of a building facing a street having the main entrance thereto.
BUILDING HEIGHTshall mean the vertical distance measured to the highest point from the mean elevation of the grade five (5) feet away from foundation, or proposed foundation, along the side(s) of the building facing a street or to the street line, whichever is closer to the foundation. On a corner lot the height shall be measured on the street having the greatest slope. In all cases where this chapter provides for a height limitation by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and specified number of stories within the footage.
BUILDING, PRINCIPALshall mean any building that is used primarily for occupancy for residential or commercial purposes.
BUSINESS OFFICEshall mean an office for one of the following purposes: law, medicine, dentistry, engineering, architecture, real estate, insurance, financial and fiduciary institutions, stockbroker, optometrist, optician, and shall also be defined as including executive and clerical offices.
CELLARshall mean that portion of a building which is partly or completely below grade and being at least one-half (1/2) its height below grade. The term cellar shall be used interchangeably with basement, and the definition of both words shall be the same for purposes of the Borough's Development Regulations, Development Procedures, Historic Preservation Ordinance, Design Guidelines, and any other section of the Borough's Ordinances associated with construction or development on properties within the Borough.
CURB LEVELshall mean the mean level of the curb opposite the center of the building on that side where the average curb is highest.
DEPTH OF REAR YARDshall mean the mean distance from the rear lot line or the district boundary line, if it is closer to the front lot line, and the part of the building which is nearest thereto.
DWELLING, DETACHEDshall mean a building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one (1) housekeeping unit and which has sleeping, sanitary, cooking and general living facilities.
ENVIRONMENTAL DESIGNshall mean the harmonious relating of proposed structures to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed building, structure, and open spaces in a design control district.
FAMILYshall consist of persons constituting a single, bonafide, nonprofit housekeeping unit and who are living together as a stable and permanent living unit, being a traditional family unit or the functional equivalent thereof. A family, as defined in this chapter, does not include a society, club, fraternity, sorority, association, lodge, organization or similar group. In no case shall a boarding house or rooming house be considered a one (1) family dwelling.
FAST FOOD RESTAURANTshall include drive-in restaurants as well as those restaurants where pre-prepared or quickly prepared food is served to customers who order food from counter persons. In such restaurants, food is dispensed by counter persons and removed by customers for consumption either in the out-of-doors, whether or not at tables, or in automobiles, or brought to some other location for consumption. Restaurants shall not be deemed to be fast food restaurants when food is served at counters or tables and chairs by either waiters or waitresses to customers. Food serving establishments shall not be deemed to be fast food restaurants, whether or not food is served in the manner described immediately above, where the service of such food for immediate consumption is merely an ancillary part of the business of a delicatessen, allowed grocery store, and/or package goods liquor store or similar establishment.
FIRST FLOOR AREAshall mean the area of the first floor of a building measured by using the outside of the building at floor level excluding attached garages, and porches whether or not enclosed. For a split-level, bi-level, or tri-level dwelling, the area shall be considered to be the sum of the areas of two (2) adjoining levels. Cellars are not considered to be first floor.
GARAGE, PRIVATEshall mean a building used as an accessory to the dwelling and which provides for the storage of the passenger automobiles of the occupants of the dwelling and other equipment and items ancillary to the occupancy of such dwellings and in which no occupation, business or service is conducted. Private garages shall have a capacity of not more than three (3) such passenger automobiles.
a. A private garage on a residential property may be a detached building, or part of the attached structure, that is used as an accessory to the dwelling, and which provides for the storage of the passenger automobiles of the occupants of the primary residential dwelling, and the storage of other equipment and items ancillary to the residential occupancy of such dwelling and in which no occupation, business or service is conducted. Detached garages are required within the Historic District.
b. A private garage on commercial properties shall mean a detached building or attachment structure that is used for the purpose of storing passenger automobiles and/or equipment ancillary to the commercial use of the commercial dwelling.
GROSS FLOOR AREAshall mean the area measured by using the outside dimension of the building, excluding the area of a garage, attic, porch, patio or cellar. Only those floor areas which have a ceiling height of seven and one-half (7.5) feet or more and those areas used for storage in nonresidential uses shall be included in the gross floor area.
HABITABLE FLOOR AREAThe sum of the gross horizontal area of all the stories and half stories of a building as measured from the exterior face of exterior building walls, or from the center line of wall separating two buildings. In residential buildings, garages, attics, and cellars shall not be calculated as habitable floor area. For a new dwelling, 50% of the area of an attached garage shall be calculated as habitable floor area.
[Added 3-23-2021 by Ord. No. 2021-04]
HOUSES OF WORSHIPshall mean a building or group of buildings, including customary accessory buildings, designed or intended for public worship on a permanent or continuous basis including, but not limited to, a building or structure where people regularly assemble for worship, chapels, cathedrals, synagogues, temples, church houses, churches, meeting houses and similar designations as well as parish houses, convents and such accessory uses. A "house of worship" is further defined as a place used as the regular site for the traditions services of an organized religious body, which services are presided over by the ordained minister of said religion. A "house of worship" may maintain on its premises such activities affiliated with said house of worship as are reasonably related to traditional house of worship use, such as but not limited to worship services, religious education programs, house of worship social and recreational activities and such similar organizations or functions, all of which are hereby deemed to be accessory uses.
[Added 5-8-2018 by Ord. No. 2018-06]
IMPERVIOUS SURFACE COVERAGEshall mean the square footage or other area measurement by which a building and/or structure occupies the land as measured on a horizontal plane. The maximum impervious surface coverage requirements permitted by this chapter shall be the total area of all buildings and structures as herein defined. Buildings and structures include, but are not limited to, buildings, structures, dwellings, accessory building, garages, storage sheds, tool sheds, recreational courts, including, but not limited to, tennis and basketball courts, pools, decks, patios, all porches, driveways, walkways and all other areas covered by driveway material, pavers or other impervious or hardscape material.
LIVABLE SPACEAny space within a residential structure that can be used for sleeping or prolonged occupancy, including cellars and attics with interior walls, electricity, plumbing, or other features commonly referred to as “finished basements.” Living space shall be treated as a bedroom for purposes of means of egress pursuant to the Uniform Construction Code. Where livable space is in a cellar or attic, it shall not be considered "habitable floor area" as defined in this chapter.
[Added 3-23-2021 by Ord. No. 2021-04]
LOTshall mean a distinct and separate tax lot and block as issued by the tax assessor, or the combination of adjacent properties under common ownership and which have merged by operation of law even if there are separate and distinct tax lots and block identification for each adjoining lot.
LOT, CORNERshall mean a lot with two (2) adjacent sides abutting upon streets or other public spaces. All residential corner lots shall have two (2) front yards, one (1) side yard, and one (1) rear yard. The rear yard shall be opposite the narrower of the two (2) lot lines abutting upon streets or other public spaces.
LOT DEPTHshall mean the distance from the front line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot and perpendicular to the front lot line. For non-rectangular or irregular lots, depth shall be the shortest distance from the front lot line to the rear lot line. In case of a corner lot, the greatest dimension is in its depth and its least dimension is its main frontage unless otherwise specified in this chapter.
LOT LINEshall mean any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street.
LOT SIZEshall mean the total square footage of a lot under common ownership measured using all of the metes and bounds of the exterior lot lines.
LOT WIDTHshall mean the straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line.
MAIN FRONT WALLshall mean the main wall nearest to and facing on a street, not including ground story porches and piazzas that are not closed in, and in which the main entrance is located.
MINOR SUBDIVISIONshall mean any subdivision of land fronting on an existing street that does not involve (a) the creation of more than two (2) lots (one (1) new lot and the remaining parcel); (b) planned development; (c) any new street; and d. the extension of any off-tract improvement. Any readjustment of lot lines resulting in no new lot(s) shall be classified as a minor subdivision.
OFFICIAL MAPshall mean a map adopted in accordance with the Municipal Land Use Law (Chapter 291) of the Laws of 1975) or any prior act authorizing such adoption. Such map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.
PARKING SPACEshall mean an area of not less than nine (9) feet wide by twenty (20) feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
PASSENGER AUTOMOBILESshall mean all automobiles used and designed for the transportation of passengers, other than omnibuses and school buses.
PLATshall mean the map of a subdivision or site plan and is used interchangeably in the chapter with "plan."
a. SKETCH PLATshall mean the sketch map of a subdivision of sufficient accuracy to be used for the purposes of discussion and classification and meeting the requirements of this chapter.
b. PRELIMINARY PLATshall mean the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of subsection
26-6.6 of this chapter.
c. FINAL PLATshall mean the final map of all or a portion of the subdivision or site plan which is presented to the Planning Board for final approval in accordance with these regulations.
PORCHshall mean a veranda or raised level platform with open sides, with or without a roof, projecting out from a main exterior wall of a building and used as an entrance way and/or for sitting or lounging out of doors.
RESTAURANTshall mean a commercial operation where food and drinks are prepared and served to customers by waiters or waitresses for consumption while seated at tables inside the building or outside.
ROOMING HOUSEshall mean a dwelling which contains sleeping rooms used or intended for permanent or transient guests being lodged without meals for a fee or rent.
SETBACK LINEshall mean a line drawn parallel with the street line or front lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line; with the exception of an open front porch in a residential district which may extend within the required front yard a maximum of ten (10) feet.
SIDEWALKshall mean a hard-surfaced pedestrian walkway which is in close proximity and runs parallel to the street curb.
SITE PLAN REVIEWshall mean the examination of the specific development plans for a lot. Whenever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the municipality.
STORYshall 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 is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling. A half-story is the area under a pitched roof at the top of a building, the floor of which is at least four (4) feet, but no more than six (6) feet, below the plate.
STREET LINEshall mean the dividing line between a lot and the street, including sidewalks or other public or open space to which there is permanent access to the lot.
STRUCTUREshall 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.
SWIMMING POOL, PORTABLEPortable pools shall not be subject to the requirements of Section
26-5 and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface area of one hundred (100) square feet; have a depth of less than eighteen (18) inches; and do not require braces or supports.
SWIMMING POOLS, PRIVATE RESIDENTIALshall mean and include artificially constructed pools, having a depth of eighteen (18) inches or more and/or a water surface of one hundred (100) square feet or more; designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located within a dwelling or on a lot as an accessory use to a dwelling and shall include all equipment and appurtenances thereto.
YARD, FRONTshall mean an unoccupied space open to the sky extending across the full width of the lot and lying between the street line and the closest point of any building on the lot with the exception of an open porch which may extend ten (10) feet into the required front yard area in a residential district. The depth of the front yard shall be measured horizontally at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard shall be the same as the required setback. For lots fronting on the ocean rather than on a street, the front yard is measured from the face of the bulkhead or retaining wall nearest to the building.
YARD, REARshall mean an unoccupied space open to the sky extending across the full width of the lot and lying between the rear lot line or the district boundary line, if it is nearer to the front lot line, and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines or at right angles to the district boundary line. The minimum required rear yard shall be the same as the required setback.
YARD, SIDEshall mean an unoccupied space open to the sky extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines.