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Barnegat Light City Zoning Code

§ 215-2

Definitions.

The following words, phrases and terms as used in this chapter are hereby defined for the purposes of this chapter as herein set forth; provided, however, that the inclusion of any definition in this section of this chapter shall not be construed as permitting any use or thing except as may hereinafter expressly be permitted pursuant to § 215-4 et seq.
ACCESSORY USE OR BUILDING
A subordinate use or building, the purpose of which is incidental to that of the main use or building on the same lot.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moving from one location or position to another; provided, however, that such change, rearrangement, enlargement or extension impacts on any of the provisions or requirements of this chapter as to building height, area coverage of lot, side or rear yard requirements or use.
BOARD OF ADJUSTMENT
The Zoning Board of the Borough of Barnegat Light established pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
BUILDING
Any structure having a roof supported by columns, piers or any walls, including tents, or having other supports and any unroofed platform, terrace or porch having a vertical face higher than one foot above the level of the ground from which the height of the building is measured. When railings are used in construction of steps, decks and porches they shall be considered a safety requirement and will not be classified as part of the face measurement of the structure.
BUILDING AREA
The total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings. Extensions and porches less than three feet in height not exceeding 42 square feet at ground level nor projecting more than seven feet from the building, in the front only, shall not be considered building area.
BUILDING HEIGHT
The vertical dimension measured from the crown of the nearest improved street on which the building or structure is located to the horizontal plane of the highest point of the roof of the structure or building. The point in the crown of the street from which the measurement is taken shall be the midpoint between the extension of the side lines of the lot which will intersect the crown of said improved street.
BUILDING LINE
A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line. Roof eaves not exceeding a distance of 16 inches measured vertically from the sidewalls of the building may encroach into any required yard area.
CERTIFICATE OF ZONING OCCUPANCY
A certificate issued by the Zoning Officer upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted by the Board of Adjustment or Planning Board, and all other applicable zoning requirements have been complied with by the owner or his representative.
CONDITIONAL USE
A use which is not appropriate generally or without restrictions and supervision imposed by the Zoning Board of Adjustment or the Planning Board but which, if controlled as to number, area, location or relation to neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such use may be permitted in accordance with the provisions of this chapter.
CONSTRUCTION CODE OFFICIAL
The official of the borough appointed pursuant to the Uniform Construction Code of New Jersey.
DWELLING, MULTIFAMILY
A building designed for or occupied exclusively by three or more dwelling units designed for three or more families living independently of each other.
DWELLING, ONE-FAMILY
A building or structure designed for or occupied exclusively by one dwelling unit.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two units suitable for two families living independently of each other.
DWELLING UNIT
One or more rooms providing living facilities for one family, including equipment for cooking or provisions for the same.
EASEMENT
A privately held thoroughfare.
EASEMENT LINE
That line determining the limit and extent of the right in the owner of one parcel of land to use the land of another for a special purpose.
FAMILY
One or more persons related by blood or marriage occupying a dwelling unit and living as a single, nonprofit housekeeping unit or a collective number of individuals living together in one house, including servants, whose relationship is of a permanent and distinct domestic character and cooking as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization.
GARAGE, PRIVATE
A detached building or space within the main building, designed for use as an accessory use to the main use for which the lot is dedicated, which is designed primarily for the storage of vehicles. Garages may be of two types:
A. 
DETACHED GARAGEA building or structure separate and apart from the main building or structure on the lot and used for accessory purposes as above.
B. 
ATTACHED GARAGEA part of the main building or structure located on a lot or a separate building or structure located on the lot built or constructed so as to be permanently attached to the main building or structure and located entirely within the setback lines required for a main structure on the lot.
GRADE, FINISHED
The completed finished surface of a lot upon which a structure has been erected pursuant to approved plans, approved by the Planning Board or Construction Code Official of the Borough of Barnegat Light, for which structure or building a permanent certificate of occupancy has been issued. Where any ordinance of the borough has established a finished grade at a different level from the grade as herein described, the grade as defined and established by such ordinance shall be determined to be the finished grade.
HOME OCCUPATION
Any gainful employment or occupation of one or more members of the resident family which shall constitute, either entirely or partly, the means of livelihood of such member or members and which shall be conducted clearly as a secondary or accessory use to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure or in a secondary building which is accessory to such principal structure. Home occupations are normally in the field of work of the artisan and may include home offices of said occupations where not more than one person who is not a member of the family in residence at the site and in the home is employed. The retail sale of goods or services in structures designed or altered to make such activities the primary use of any structure shall not be construed hereunder to be a home occupation. No greater than 20% of the principal dwelling structure or accessory structure shall be used for the occupation. The twenty-percent limitation shall be 20% of the principal dwelling structure utilized for the home occupation or 20% of the accessory structure used for the home occupation and shall under no circumstances include 20% of both such structures. No machines or equipment shall be used which will cause electrical or other interference with radio and television reception in adjacent residences.
HOME PROFESSIONAL OFFICE
The office of a member of a recognized profession, as hereinafter indicated, when conducted on a residential property shall be conducted by one professional member of the residential family, with not more than one employee, entirely within a residential building and shall include only the offices of medical doctors, osteopaths, psychiatrists, optometrists, dentists, chiropractors, ministers, architects, professional engineers, land surveyors, lawyers and accountants and no others. No greater than 20% of the principal dwelling structure or accessory structure shall be used for the home professional office. The twenty-percent limitation shall be 20% of the principal dwelling structure or 20% of the accessory structure used for the home professional office utilized for the home professional office and shall under no circumstances include 20% of both structures. No machines or equipment shall be used which will cause electrical or other interference with radio and television reception.
HOTEL (MOTEL)
A building containing rooms used, rented or hired out to be occupied for sleeping purposes by guests, where no kitchen or only a general kitchen and dining room are provided within the building or as an accessory building, or both; provided, however, that a single private kitchen facility may be maintained by a resident owner or resident manager of the hotel (motel) for the exclusive use of such owner or manager and his or her family.
LIVING SPACE
Floor space used for general living purposes, measured from the exterior walls; finished attic space with a ceiling height of seven feet six inches or more sloping to a height at the eaves of not less than four feet from the floor to the underside of the rafters; excluding the floor area of the basement or cellar, garage and porches.
LOT
A parcel or area of land, the dimension and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.
LOT AREA
An area of land which is determined by the limits of the lot lines bounding that area.
LOT, CORNER
A parcel of land at the junction of and fronting on two or more intersecting streets.
LOT COVERAGE
That portion of the lot area covered by building area. In addition, all outdoor hard surfaces for recreational activities, such as game courts, shall be included in lot coverage in applying the area and yard limitations provided in this chapter.
[Amended 7-13-2016 by Ord. No. 2016-007]
LOT DEPTH
The depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear, provided that where side lot lines in the rear are less than 25 feet apart at their rearmost points, measured along a line parallel to the front line and 25 feet in length within the lot, they shall be used as the rearmost measuring point.
LOT FRONTAGE
A lot line or portion thereof which is coexistent with a street line, easement line or right-of-way.
LOT, INTERIOR
A lot other than a corner lot.
LOT WIDTH
As determined by measurement across the front yard at the setback line. The width between the side lot lines at the points where they intersect the street line shall not be less than 80% of the required minimum lot width. In the case of lots on the turning circle of culs-de-sac or at points of street curvature where the radius at the right-of-way line of the street (or a circle approximately following the right-of-way and intersecting the foremost points of the side lot lines) is less than 90 feet, the eighty-percent requirement shall not apply. In any case, the width at the right-of-way line of the street shall not be less than 20 feet.
MARINA
A dock or basin operated for profit or to which public patronage is invited providing moorings or marine services for power yachts, launches or other watercraft.
MODEL HOME
A building constructed or erected by a building contractor or developer displaying his particular crafts and building techniques to the general public for the purpose of selling crafts and building techniques. The building shall not be used by any person engaged in any activity which would require a real estate broker's license. The building shall conform in all respects to the regulations and restrictions of the zoning district in which it is located.
NONCONFORMING BUILDING
A building which in its designed location upon a lot does not conform to the regulations of this chapter for the zone in which it is located but which was in all respects a lawful building at the time it was constructed.
NONCONFORMING LOT
A lot or parcel which does not have the minimum width or depth or contain the minimum area for the zone in which it is located or the use to which it is being put and which was in all respects lawful at the time it was first delineated by deed or plot plan of public record.
NONCONFORMING USE
Use of a building or of land that does not conform to the regulations of the zone in which it is located but which use was in all respects lawful when it was begun.
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
PARKING SPACE, OFF-STREET
An off-street space available for the parking of a motor vehicle, which space is held to be an area of nine feet wide and 20 feet long.
[Amended 7-16-1997 by Ord. No. 97-8]
PLANNING BOARD
The Planning Board of the Borough of Barnegat Light established pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
SETBACK LINE
A line located within the boundaries of a platted lot and parallel to the lot lines of the lot creating an area between the setback line and the lot line within which no structure or building may be erected.
SIGN
Any structure or part thereof attached thereto or painted or represented thereon which shall display or be designed to display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement, but not including any flag, badge or insignia of any public, civil, charitable or religious group.
A. 
PREMISES OR POINT-OF-SALE SIGNAny sign, symbol, trademark, structure or similar device used to identify the product made or the activity pursued by any individual, business, service or commercial enterprise which is displayed upon the lot or premises occupied by such an enterprise for the purpose of apprising the public of the location of such enterprise and the type of activity in which it is engaged.
B. 
DIRECTIONAL SIGNAn advertising sign or device intended to direct or point toward a place which is removed geographically from the location of the directional sign and which is intended to aid the unfamiliar in locating the place to which the sign directs.
SIGN AREA
The area included within the outer frame or edge of a sign surface, exclusive of the structure to support it properly, trim and framing devices, and being the surface upon which the message conveyed by the sign actually appears. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided shape which most closely outlines the sign. Where a sign contains a message on two sides, each side shall be considered a separate sign; provided, however, that where the identical message and wording appear on both sides of such sign, the two sides shall be considered a single sign.
STORY
That part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it, except a cellar. Any floor under a sloping roof at the top of a building which is more than seven feet six inches below the bottom of the top ridge shall be counted as a story. A basement beneath a dwelling as well as any floor area under a sloping roof at the top of a building which is less than seven feet six inches below the bottom of the top ridge but more than four feet in height shall be counted as a half story. Occupancy of any half story as separate living quarters is forbidden. The term "basement" as used herein shall be defined as the term is defined in the BOCA National Existing Structures Code, 1987 Edition.
[Amended 7-16-1997 by Ord. No. 97-8]
STREET
A public thoroughfare, whether or not the same is improved, which has been dedicated or deeded to the public for public use and which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. or which is shown on a plat duly filed and recorded in the office of the Ocean County Clerk prior to the establishment of a municipal planning board and the grant to such board of the power to review plats.
[Amended 3-25-1991 by Ord. No. 91-54]
STREET GRADE
The completed finished surface of the street adjacent to any lot at the crown or highest point of such street between the two side lines of the lot, as the same may be extended across the street.
STREET LINE
That line determining the limit of the existing highway right of the public.
STRUCTURAL ALTERATION
Any change in the supporting sections of a building, such as bearing walls, columns, beams or girders, or in the utility system or mechanical equipment of a structure which materially alters its usability, capacity or function.
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
YARD, FRONT
An open, unoccupied space on the same lot with the principal building extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. On any lot which is a corner lot fronting on two streets, the front yard shall face on and front on the wider of the two streets.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then the depth of a rear yard shall be measured along the lot depth line, defined in this section.
YARD, SIDE
An open, unoccupied space between the side line of the lot and the nearest line of a building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot line, as the case may be. The width of a side yard will be measured at right angles to the side of the lot.
VARIANCE
Permission to depart from the literal requirements of this chapter pursuant to N.J.S.A. 40:55D-40, 40:55D-60 and 40:55D-70.
ZONING OFFICER
The borough official holding that title and having been appointed by the Mayor of the Borough of Barnegat Light with the advice and consent of the municipality as hereinafter provided.