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Avalon City Zoning Code

§ 27-3

LANGUAGE INTERPRETATIONS AND DEFINITIONS.

[Ord. No. 607-2009 § 27-3; Ord. No. 626-2010 § 1; Ord. No. 635-2010 § 1; Ord. No. 654-2012 § 1; Ord. No. 662-2012 § 1, Ord. No. 663-2012 § 1; Ord. No. 675-2013 § 1; Ord. No. 681-2013 § 1; Ord. No. 689-2013 § 1; Ord. No. 695-2014 § 2; Ord. No. 728-2015 § 1; Ord. No. 730-2015 § 3; Ord. No. 743-2016 § 1]
a. 
Word Usage. For the purposes of this chapter, certain words shall have the meaning assigned to them as follows. The following definitions are intended to interpret and clarify word usage in the Borough of Avalon Zoning Ordinance and not necessarily intended to be used to interpret or clarify word usage in other portions of the Code of the Borough of Avalon.
1. 
Words in the present tense include the future. The singular form of a word includes the plural form and the plural form of a word includes the singular form.
2. 
The word "building" -- includes "structure" and any part thereof.
3. 
The phrase "used for" -- includes "arranged for," "designed for," "intended for," "maintained for," "constructed for," "altered for," "converted for," "rented for," "leased for," or "occupied for."
4. 
The word "person" -- includes an individual, corporation, partnership, incorporated association, or any similar legal entity.
5. 
The words "includes" or "including" -- shall not limit the term to the specified examples, but is intended to extend their meaning to all other instances of like kind and character.
6. 
The words "shall" and "will" -- are mandatory and not discretionary, and the word "may" is permissive.
7. 
The feminine gender includes the masculine gender and vice versa.
b. 
Statutory Definitions. Whenever an undefined term is used in this chapter which is defined in N.J.S.A. 40:55D-3 through D-7, such term is intended to have the meaning set forth in the definition of that found in said statute, unless a contrary intention is clearly expressed in context.
c. 
Definitions. The following words and phrases shall have the meaning given in this section when applied to the entire chapter.
ACCESS
A way or means of approach to provide physical entrance to a property.
ACCESSIBILITY STRUCTURE
Any structure constructed with the purpose of providing ingress or egress to a building or to facilitate movement within a building by disabled persons as defined under the Americans with Disabilities Act.
ACCESSORY BUILDING OR STRUCTURE
A building or structure which is detached from a principal building or structure on the same lot and which is customarily incidental and subordinate to the principal building or structure. Any accessory building attached to the principal building by a roofed structure shall be considered part of the principal building. Accessory buildings include detached garages, tool and storage sheds, greenhouses, gazebos, cabanas and pergolas. Accessory structures include swimming pools, fences and detached patios.
ACCESSORY USE
A use of land or a building or portion thereof customarily incidental and subordinate to the principal use of the land or building, located on the same lot with the principal use.
ADDITION
An extension or increase in floor area or height of a building or structure.
ADMINISTRATIVE OFFICER
The Secretary of the Board in the case of matters involving the Board; the Municipal Clerk in the case of matters involving the Governing Body; and the Zoning Officer in the case of matters involving the issuance of zoning permits, zoning certificates of occupancy when authorized by ordinance and Zoning Ordinance enforcement.
APARTMENT
A suite of two (2) or more rooms, including bath and kitchen, intended or designed for use as a residence by a single person, or persons living as a family independent of other occupants of the same building.
AUTOMOBILE SERVICE STATION
Any building, land area, or other premises or portion thereof, used or intended to be used for the retail dispensing or sale of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar accessories. In addition, an automobile service station may engage in the retail exchange, or sale of gasoline, oil, kerosene, and propane for home use.
AUTOMOBILE WASH
Any building or premises or portions thereof used for washing automobiles. Automobile washes are only accessory to garages and automobile service stations.
BARRIER SAND DUNE
Those dunes immediately west of the beach area; which should remain undisturbed in order to provide protection during high tides.
BASE FLOOD
A flood having a 1% chance of being equaled or exceeded in any given year. The base flood is the national regulatory standard used by the National Flood Insurance Program (NFIP) and all Federal agencies for the purposes of requiring the purchase of flood insurance and regulating new development. Base Flood Elevations (BFEs) are typically shown on Flood Insurance Rate Maps (FIRMs).
BASE FLOOD ELEVATION
Refer to definition contained in Borough of Avalon General Ordinances Chapter 19, Section 19-2.
BASEMENT (also CELLAR)
That portion of a building which is partly below and partly above grade and having at least one-half (1/2) its height above grade.
BAY LOTS
Those lots adjacent to the watercourse, inlet, bay, or lagoon.
BAY WINDOW
A window which protrudes no more than two (2) feet from a wall and does not extend from the floor to ceiling on either the interior or exterior of the building and does not include any floor space.
BEDROOM
Any room within a dwelling unit, finished or unfinished, which may reasonably be expected to serve as a bedroom or dormitory planned and intended for sleeping.
BOARD
The Avalon Planning/Zoning Board of Adjustment.
BOARDINGHOUSE
A dwelling providing not more than nine (9) rental rooms or twenty (20) dining accommodations for paying guests.
BUILDABLE AREA
The area of a lot or parcel that may be used for permitted building or buildings, including all remaining portions of the lot after required yard areas have been subtracted. In the case of a section of a building, which is cantilevered, the exterior surface of the most projected area must fall within the "buildable area." First floor entrance steps and normal roof overhangs of not more than two and one-half (2 1/2) feet on any two (2) facades of the building may project beyond the buildable area (See subsection 27-7.3c).
BUILDING
Exclusive of a public school facility, a structure enclosed with exterior walls or fire walls, built, erected and framed of component structural parts, designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind. When used herein, "building" and "structure" shall be interchangeable, except where the context clearly indicates otherwise.
BUILDING COVERAGE
The horizontal area measured along the outside perimeter of all the exterior walls on all stories or floors, for all principal and accessory buildings on a lot, divided by the entire area of the lot, but excluding chimneys.
BUILDING HEIGHT
The vertical dimension of a building measured from the freeboard elevation (base flood elevation, as set forth by National Flood Insurance Program (N.F.I.P.)), plus three (3) feet to the highest point of the roof. False work, cornices, cupolas, finials and other decorative features shall not exceed the permissible building height.
The building height for dune lots shall be measured from the finished grade elevation located five (5) feet from the building's easterly facade. Dune lots are those lots regulated under the Beach and Dune Protection Ordinance. (Chapter 23).
A maximum two (2) foot allowance is permitted for a crawl space if the finished grade elevation (measured at the rear yard setback) or in the case of dune lots as measured above would preclude a two (2) foot crawl space. The finished grade elevation shall be in accordance with the applicable provisions in the Avalon Code.
[Ord. No. 730-2015 § 3]
BUILDING HEIGHT, COMMERCIAL
The vertical elevation of a commercial structure measured from the freeboard elevation. False work, cornices, cupolas, finials, parapets and other decorative features shall not exceed the permissible building height.
BUILDING HEIGHT, RESIDENTIAL
The vertical elevation of a building measured from the freeboard elevation to the highest peak of the roof. False work cornices, cupolas, finials, parapets and other decorative features shall not exceed the permissible building height. The building heights in the R-1AA Zone shall be measured from the finished grade located five (5) feet from the building's easterly façade at the center point of the lot. All lots in the R-1AA Zone are regulated under Chapter 23, Beach and Dune Protection.
A maximum two (2) feet allowance is permitted for a crawl space if the finished grade (measured at the center point of the rear yard setback), or in case of dune lots as measured above, would preclude a two (2) feet crawl space. The finished grade elevation shall be in accordance with the applicable provisions of the Avalon Ordinances.
BUILDING SETBACK LINE
A line drawn parallel to the street line or 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 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. In the case of interior or flag beachfront lots, the front setback line shall be the property line parallel to the beach. In the case of interior or flag bay-front lots the front setback line shall be the property line closest to and parallel to the street line.
BULKHEAD
An upland structure with the purpose of limiting encroachment of water to upland areas which is within the limit of the mean high water line.
BULKHEAD LINE
The line at which an established bulkhead used to maintain an upland area, constructed of fiberglass, stone, concrete, brick, wood, simulated wood, concrete pavers, asphalt, or any other construction material is located. For zoning purposes only on waterfront properties, where no official "bulkhead line" has been established, the mean high water line shall be considered the established bulkhead line. However, in no event shall this be construed to permit construction beyond an existing bulkhead.
CABANA
A building containing facilities for changing associated with a pool, beach, or watercourse. Plumbing for a sink is permissible. Toilets, indoor showers, bathtubs, or cooking facilities are not permitted in a cabana structure.
[Amended 6-23-2021 by Ord. No. 821-2021]
CANTILEVER
A projecting beam or member supported at only one (1) end.
CARPORT
A roof projecting from the side of a building, having no more than one (1) wall, used for a shelter for an automobile.
CHANGE OF USE
Any use which is not substantially the same as the previous use of a building or land.
CLEARING OF LANDSCAPING
When forty (40%) percent or more of existing vegetation is removed from a residential lot to permit dwelling expansion or construction.
CLUB
A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
COMMERCIAL
Activity involving the sale of goods and services carried out for profit.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization therefor by the Board.
Construction PODS®
Steel framed and portable moving and storage units for the temporary storage of tools, materials or supplies, with the exception of hazardous and explosive materials, by contractors and craftsman used in conjunction with residential or commercial constructions and located at construction sites.
CONVENIENCE STORES AND SUPERMARKETS
A retail establishment primarily selling food as well as other convenience and household goods.
COVERAGE, BUILDING
See Building Coverage definition.
COVERAGE, IMPERVIOUS
The area of all portions of the lot, which are covered by impervious surfaces, divided by the entire area of the lot.
CURB AREA
That portion of a street right-of-way lying between the curbline and the street right-of-way line, or property line, in which sidewalks may be constructed.
CURB CUT
The making of an opening in or through any existing curb or the leaving of a void or depression in a newly constructed curb to facilitate vehicular passage.
CURB LEVEL
The legally established level of the curb at the midpoint of a front line of a lot or other parcel of land as determined and regulated under Chapters 15, Streets and Sidewalks.
DECK, ATTACHED
A raised exterior floor attached to the principal structure, with a minimum height of eight (8) inches measured from grade. Attached decks may not occupy yard areas.
[Ord. No. 728-2015 § 1]
DECK, DETACHED
A raised exterior floor, detached from the principal structure, with a maximum height of eight (8) inches measured from grade. Detached decks may occupy yard areas.
[Ord. No. 728-2015 § 1]
DRIP IRRIGATION SYSTEM
Micro irrigation system (low pressure and low volume) wherein water is applied to the soil surface or small streams through emitters.
DRUGSTORE
A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines but where nonmedical products may be sold as well.
DUNE LINE
That certain line established by the Borough of Avalon, which encompasses, outlines and delineates all beach dune areas. Since dunes are dynamic and changing, the "dune line" must be updated every five (5) years or after a major storm to redefine potential and existing beach dune areas.
DWELLING
A structure, or an entirely self-contained portion thereof, which is designed for and occupied principally as a place of residence for one (1) housekeeping unit. A dwelling must be suitable for year-round occupancy and must contain facilities for cooking, sleeping, bathing, and human sanitation, which are for the exclusive use of the occupants of the dwelling.
DWELLING, MULTIPLE
A building arranged for occupancy by three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY
A building containing not more than one (1) dwelling unit.
DWELLING, TOWNHOUSE
A dwelling which is designed for, and occupied exclusively as, the residence of one (1) housekeeping unit; and which is totally separated from the other by an unpierced rated wall extending from the ground to the roof, or an unpierced ceiling and floor extending from exterior wall to exterior wall.
DWELLING, TWO-FAMILY OR DUPLEX
A building containing not more than two (2) dwelling units.
DWELLING UNIT
A single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT
A grant of one (1) or more of the property rights by the property owner to and for the use of the public, a corporation or another person or entity.
EAVE
The projecting lower edges of a roof overhanging the wall of a building.
ELEVATION
A vertical distance above or below a fixed reference level.
ENCLOSED PORCH
A roofed area which is an exterior part of a building extending beyond the exterior walls of the building, with no heat, cooling or interior finish and which has a window to wall area ratio of more than 50%. Also known as a "three-season room" or "sun room".
[Ord. No. 728-2015 § 1]
ENTRANCE PLATFORM
An area of deck or concrete used as the transition from the entry stairs to the home's exterior entry door.
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmission or distribution systems and collection, communication, supply or disposal systems, including poles, wires, mains, cables, hydrants, necessary substations (when designed to conform to surrounding uses) and other similar equipment or accessories in connection therewith (not including service buildings or yards) reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission for the public health, safety and/or general welfare.
EXISTING USE
The use of a lot or structure at the time of the enactment of the zoning ordinance.
FAMILY
One (1) or more individuals occupying a dwelling unit and living as a single housekeeping unit.
FAST FOOD RESTAURANT
A restaurant specializing in the rapid preparation and service of food, not waitress served, and which provides service, in whole or in part, on a drive through basis. Any restaurant with drive through service shall be deemed a fast food restaurant.
FENCE
Artificially constructed with a man-made material or combination of man-made materials installed to demarcate a property boundary.
FENCE, LIVING
Artificially constructed linear feature comprised of any living plants, trees, or shrubbery installed to demarcate a property boundary.
FLOOD PROOFING
Refer to definition contained in Borough of Avalon General Ordinances Chapter 19, Section 19-2.
FLOOR AREA
The sum of the habitable area of all floors of a building, structure or unit.
FLOOR AREA RATIO (FAR)
The sum of the area of all the floors of buildings or structures compared to the total area of the site.
[Ord. No. 728-2015 § 1; amended 11-15-2021 by Ord. No. 829-2021; 3-9-2022 by Ord. No. 834-2022; 1-25-2023 by Ord. No. 852-2023]
1. 
The FAR calculation shall include:
(a) 
Third-floor porches. (Decks which are not covered areas are not included in FAR; see the following section.)
(b) 
Detached garages.
(c) 
Sheds, cabanas, and similar enclosed buildings.
2. 
The FAR calculation shall not include:
(a) 
Decks.
(b) 
First- and second-floor porches.
(c) 
Gazebos and pergolas.
(d) 
Attached garages which are enclosed provided that such garages can only be used for parking and storage.
Notwithstanding the FAR calculation, required setback and other zoning requirements remain unchanged.
FREEBOARD
Refer to definition contained in Borough of Avalon General Ordinances Chapter 19, Section 19-2.
FREEBOARD ELEVATIONS
Refer to definition contained in Borough of Avalon General Ordinances Chapter 19, Section 19-2.
GARAGE, PRIVATE
Any building or part thereof accessory to a principal building, providing for the storage of automobile(s) owned by the occupants of the main building to which the garage is accessory, including one (1) commercial vehicle with a capacity not greater than one (1) ton.
GEOTHERMAL ENERGY SYSTEM
A self-contained mechanical heat and air conditioning system (heat pump) and hot water heating system which utilizes the constant temperature of the earth as the heat exchanger. A geothermal heat pump system consists of indoor heat pump equipment, a ground loop, a heat distribution sub-system and a flow center to connect the indoor and outdoor equipment.
GEOTHERMAL CLOSED LOOP SYSTEM
A geothermal energy system which uses a water and/or antifreeze solution, circulated in a ground loop of pipe to extract heat from the earth.
GEOTHERMAL OPEN LOOP SYSTEM
A geothermal energy system which draws water from a suitable source for use as the heat source, and after use, discharges the water into a suitable drainage filed, well or other return area.
GREEN SPACE
See definition contained in subsection 27-7.3t, Definitions
[Ord. No. 743-2016 § 2]
HABITABLE AREA
The space in a building for living, sleeping, eating or cooking. For the purposes of zoning, bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are considered habitable areas.
HOME OCCUPATION OR HOME PROFESSION
An occupation or profession which is customarily carried on in a dwelling unit or in an accessory building, which is operated by a member of the family residing on the premises and which is clearly incidental and secondary to the use of a main building for residential purposes.
HOTEL OR MOTEL
Any building, including but not limited to any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains 10 or more units of dwelling space or has sleeping facilities for 25 or more persons and is kept, used, maintained, advertised as, or held out to be, a place where sleeping or dwelling accommodations are available to transient or permanent guests.
This definition shall also mean and include any hotel, motor hotel, motel, or established guesthouse, which is commonly regarded as a hotel, motor hotel, motel, or established guesthouse, as the case may be, in the community in which it is located; provided, that this definition shall not be construed to include any building or structure defined as a multiple dwelling in this act, registered as a multiple dwelling with the Commissioner of Community Affairs as hereinafter provided, and occupied or intended to be occupied as such nor shall this definition be construed to include a rooming house or a boarding house as defined in the "Rooming and Boarding House Act of 1979," P.L. 1979, c. 496 (C. 55:13B-1 et al.) or, except as otherwise set forth in P.L. 1987, c. 270 (C. 55:13A-7.5, 55:13A-7.6, 55:13A-12.1, 55:13A-13.2), any retreat lodging facility, as defined in this section.
IMPERVIOUS COVERAGE
See Coverage, Impervious definition.
IMPERVIOUS SURFACE
Any structure which reduces the absorption of storm water into the land. These structures include, but are not limited to, buildings, open porches, patios, driveways, sidewalks, swimming pools, tennis courts, and basketball courts; whether constructed of fiberglass, stone, concrete, brick, wood, simulated wood, concrete pavers, asphalt, or any other construction material.
IRRIGATION ZONE
Area of a lawn or planting irrigated by a single valve.
JUNKYARD
Any lot or portion thereof, used for storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, and machinery or parts thereof.
KENNEL
Any building or land parcel used for the keeping of four (4) or more adult dogs and/or other household pets.
LOT
A parcel of land above or below water, occupied by or which may be occupied by a building and its accessory buildings, and including yards and other open spaces required by this chapter.
LOT AREA
The total area within the property lines of a lot, exclusive of any area within a street right-of-way.
LOT, CORNER
A lot lying contiguous to, and at the junction of two (2) or more, intersecting streets, or upon two (2) parts of the same street, forming an interior angle of less than one hundred thirty-five (135) degrees. Each corner lot shall have two (2) front yards, one (1) side yard and one (1) rear yard.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot line.
LOT FRONTAGE
The horizontal distance across the lot measured along the front lot line. In the case of a lot with multiple street frontages, including a corner lot, the front lot line with the least dimensions fronting on a street shall constitute the lot frontage. In no event may more than one (1) front line be used to calculate lot frontage. Lot frontage on an unimproved street shall not satisfy the minimum lot frontage requirements unless said unimproved street is to be improved as part of the application for development.
LOT INTERIOR
A lot other than a corner lot.
LOT LINE, FRONT
The street line on which the lot fronts or abuts; for interior or flag beachfront lots, the property line parallel and adjacent to the beach. In no case shall any structure be closer than ten (10) feet to the dune line. The property line parallel and closest to the street line for interior or flag bay front lots.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line. The lot line other than a street line which is the furthest lot line from the street. For zoning purposes only on waterfront properties, the bulkhead line or mean high water line shall be considered the rear lot line. However, in no event shall this be construed to permit construction beyond an existing bulkhead.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT WIDTH
The distance between side lot lines measured parallel with the right-of-way for lots located on tangents and measured radially for lots located on curves.
MARINA
Facilities for the sale, repair, building, launching and storage of boats. Operations are completed both on land and in a water course.
MEAN HIGH WATER (MHW)
is a tidal datum that is the arithmetic mean of the high water heights observed over a specific 19-year Metonic cycle (the National Tidal Datum Epoch). For the New Jersey shore, the two (2) high waters of each tidal day are included in the mean. This datum is available from the New Jersey Department of Environmental Protection, Bureau of Tidelands.
MEAN HIGH WATER LINE (MHWL)
is the intersection of the land with the water surface at the elevation of mean high water. The elevation of mean high water varies along the oceanfront and the tidal bays and streams in the coastal zone. For purposes of this chapter the surveyed mean high water line elevation will be utilized.
NAVD 88
North American Vertical Datum of 1988. The vertical control datum established for vertical control surveying in the Unites States of America based upon the General Adjustment of the North American Datum of 1988. It replaces the National Geodetic Vertical Datum of 1929. All New Jersey and New York Advisory flood hazard elevations are referenced to NAVD 88.
NGVD 1929
National Geodetic Vertical Datum of 1929. National standard reference datum for elevations, formerly referred to as Mean Sea Level (MSL) of 1929. NGVD 1929 may be used as the reference datum on some Flood Insurance Rate Maps (FIRMs).
NATIONAL IRRIGATION ASSOCIATION (IA)
A nonprofit organization formed to promote the development, proper use and acceptance of irrigation equipment for all possible applications.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to this chapter, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the chapter.
NONCONFORMING LOT
A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the present requirements of this chapter by reason of such adoption, revision or amendment.
NONCONFORMING SIGN
Any sign which was lawful prior to the adoption, revision, or amendment of this chapter, but which fails to conform to the present requirements of this chapter by reason of such adoption, revision, or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment to this chapter, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of this chapter.
OFFICE
A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
OPEN PORCH
A roofed open area, on any story, which is an exterior part of a building including a breezeway outside of and extending beyond the exterior walls of the building. Each exterior wall of the porch, which is not an exterior wall of the building, shall be completely and permanently open above the top of the railing or guards not more than six (6) inches above the Building Code required height for railings or guards (as applicable). An open porch may be screened.
[Ord. No. 728-2015 § 1]
PARKING, SEMI-ENCLOSED
A parking space or spaces, enclosed on three (3) sides by walls, located on the ground floor of a structure.
PARKING SPACE, OFF-STREET
A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way. An area either within a structure or in the open exclusive of driveways, access drives and fire lanes, except that nothing shall prohibit private driveways for dwelling units from being considered off-street areas, provided that no portion of such public driveway within the right-of-way line of the street intersected by such driveway shall be considered an off-street parking space. A parking space shall be surfaced with stone, broken stone, concrete, asphalt, or unit pavers.
PATIO
A paved, unenclosed, roofless area at ground level. "Patios" may occupy portions of required side or rear yard areas.
PAVILION
A structure with a roof and open on all sides.
[Added 6-23-2021 by Ord. No. 821-2021]
PERGOLA
A structure with a defined support system for an open roof, either attached to a building or freestanding. The roof must maintain a maximum opacity of seventy (70%) percent.
PERMITTED USE
Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSONAL ON-DEMAND STORAGE UNITS (PODS®)
Steel framed and portable moving and storage units for the temporary storage of personal belongings and household items, with the exception of hazardous and explosive materials.
PERVIOUS SURFACE
Green space, landscape area, and stone areas not used for parking or driving that permit passage of storm water through the material.
POOL
A water-filled enclosure, permanently constructed or portable, maintained for swimming or bathing.
POOL, ABOVEGROUND
A pool of any shape constructed entirely above the final property grade. Aboveground pools are capable of being easily disassembled and reassembled to their original configuration.
POOL, COMMERCIAL
Any pool used in connection with any commercial or multi-family use.
POOL, COPING
The cap, made of any material, on the wall that provides a finishing edge around the pool or spa. It may be used as part of the system that secures the vinyl liner to the top of the pool wall and as a means of preventing water run-off from entering the pool.
POOL DECK
Those areas immediately adjacent to the pool or spa specifically constructed or installed for standing or walking. These decks may be made of concrete, wood, composite materials or masonry.
POOL, HOT TUB
A portable, warm water reservoir with self-contained pump, filter, control and heating components as an integral part of the product.
POOL, INGROUND
A pool of any shape constructed entirely below the final property grade. Inground pools are of permanent construction.
POOL, ONGROUND
A pool of any shape constructed partially above the final grade and has an excavated area partially below the final grade level. Onground pools are of permanent construction.
POOL, RESIDENTIAL
Any pool used in connection with a single-family or two-family private residence.
POOL, SPA
A permanently fixed, warm water reservoir with separate, detached pump, filter, controls and heating components. Spas may be attached or separate from onground and inground pools.
PRECIPITATION RATE
Rate at which a sprinkler system applies water to a given area.
PRESSURE COMPENSATING EMITTER
Device which maintains constant downstream operating pressure (immediately downstream of the device) which is lower than the upstream pressure.
PRINCIPAL BUILDING
A building in which is conducted the principal use of the lot on which it is located.
PRINCIPAL USE
The primary or predominant use of any lot.
PROPERTY LINE
The boundary line to define a plot or lot in a particular block.
RAIN SENSOR
An electronic device which measures naturally occurring moisture.
REPAIR GARAGE
Any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, and repair of vehicles is conducted or rendered.
RESORT HOUSE
A residentially styled structure that is used, maintained, marketed, promoted and/or advertised as a destination location available for rent, lease or sub-lease for a gathering of invited guests for functions and special events, including, but not limited to: weddings, retreats, family reunions, parties and meetings. A resort house is a commercial use appropriate only in areas zoned for hotel/motel use and never has been permitted as a legal use under existing ordinance standards. A resort house is a commercial use and is not a traditional single-family residence and requires more off-street parking in order to accommodate the number of guests. Traditional seasonal rentals as defined in Chapter 22 or bed and breakfast establishments, licensed by the Borough and intended to accommodate not more than eighteen (18) persons shall not be considered to be resort houses.
RETAINING WALL
A structure designed and constructed to resist lateral pressure of soil when there is a desired change in ground elevation that exceeds the angle of repose (the slope) of the soil.
ROOF
The outside top covering of a building, deck, porch or patio intended to shelter the underlying structure.
ROTATOR OR SPRAY IRRIGATION
Method of irrigation in which the water is sprayed, or sprinkled, through the air to the ground surface.
SIGN
Any device (fixed or movable, permanent or temporary) for visual communication that is used for bringing the subject thereof to the attention of the public, (including banners) but not including any flag, badge or insignia of any government or government agency or any civic, charitable, religious, patriotic, fraternal or similar organization (or art work not advertising a specific product or business).
SINGLE AND SEPARATE LOT OWNERSHIP
The ownership of a lot by one (1) or more persons as an individual, partnership or corporation separately and distinctly from an adjoining lot.
SMART CONTROLLER
An electric timing device that operates each (irrigation) zone for a predetermined time and frequency and incorporates one or more sensors to prevent excessive watering.
SOAKER HOSE IRRIGATION SYSTEM
An irrigation system which utilizes semi-permeable hoses to wick or weep water either below the root level or at the ground level of the area.
SOIL MOISTURE SENSOR
An electronic device which measures field capacity and the actual soil moisture in the root zone soil at any given time.
SOLAR ENERGY SYSTEM
A complete design or assembly consisting of a solar energy collector, an energy storage facility (where utilized) and components for the distribution of transformed energy.
SPRINKLER
Hydraulically operated mechanical device which discharges water through a nozzle or nozzles.
STREET LINE
The boundary line of a street that forms the division between the street right-of-way, and abutting lots, or other land parcels.
STRUCTURE
A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.
SUBSTANTIAL DAMAGE
Refer to definition contained in Borough of Avalon General Ordinances Chapter 19, Section 19-2.
SUBSTANTIAL IMPROVEMENT
Refer to definition contained in Borough of Avalon General Ordinances Chapter 19, Section 19-2.
SWAT CERTIFICATION
"Smart Water Application Technologies" process by which products are tested for adherence to NIA minimum standards.
TERRACE
A raised, level and unroofed platform of earth or concrete, supported by one (1) or more faces of masonry or wood support. Terraces may not occupy any required yard areas.
TRELLISWORK
A frame of latticework used as a support for climbing plants. Trelliswork includes arbors and decorative gates. It is generally intended that trelliswork be high enough for humans to walk through or under.
UPLAND
Land above the high water line and not within the wetlands.
USE
The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.
WALL
(1) The vertical exterior surface of a building; or (2) the vertical interior surfaces which divide a building's space into rooms.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks.
WHOLESALE
The sale of commodities in quantity for resale, typically not to the general public.
WIND TURBINE
A complete system, along with ancillary equipment, whose primary purpose is to convert wind energy into electrical power and provide for the collection, storage and distribution of same.
YARD
An open space on the same lot with a principal building, unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter.
YARD, FRONT
The yard extending across the entire width of the lot lying between the front lot line or street line and the nearest wall or part of the building, but not including the usual uncovered steps. The depth of the "front yard" shall be measured at right angles to the adjoining street line. In the case of interior beachfront lots, the depth of the "front yard" shall be measured at right angles to the lot line parallel to the beach. In the case of corner lots "front yards" shall be provided along both street frontages.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear lot line and the nearest wall or part of the building. The depth of a "rear yard" shall be measured at right angles to the rear lot line. In the case of through lots fronting on two (2) parallel streets, there will be no "rear yard," and front yard requirements will be increased by five (5) feet on each street. In the case of bay front lots the rear yard is measured from the front property line where the yard is one hundred ten (110) feet or less.
YARD, SIDE
A yard located between the sideline of the lot and the nearest wall or part of the building and extending from the front yard to the rear yard. The width of the "side yard" shall be measured at right angles to the side lot line. In the case of corner lots, there shall be only one (1) "side yard" adjacent to the interior lot line.