Barrington City Zoning Code
ARTICLE I
General Provisions
§ 360-1 Short title. [1]
This chapter shall be known and may be cited as the "Revised Zoning Ordinance of the Borough of Barrington, New Jersey, 1962."
§ 360-2 Purpose.
The zoning regulations and districts set forth in this chapter are made in accordance with a Master Plan study by the Borough Planning Board for the general welfare of the municipality and are intended to achieve, among others, the following purposes: to lessen congestion in the streets, to secure safety from fire and other danger, to provide adequate light and air, to prevent the overcrowding of the land, to avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, as well as the conservation of the value of land and buildings. These were made with reasonable consideration, among other things, of the existing character of the various areas within the Borough and their respective suitability for particular uses.
§ 360-3 Standards to be minimum and uniform.
The regulations set by this chapter within each district shall be minimum regulations, unless otherwise specified, and shall apply uniformly to each class or kind of structure or land.
§ 360-4 Compliance.
A.
New uses and structures. In all districts, after the effective date of this chapter, any new building or structure or any tract of land shall be constructed, developed and used only in accordance with the regulations specified for each district.
B.
Existing uses and structures. In all districts, after the effective date of this chapter, any existing building or other structure or part thereof or any tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations of Article VI.
§ 360-5 Types of regulations.
The following minimum and uniform regulations shall apply in the respective districts:
A.
Use regulations, including uses by right and accessory uses and uses by special permit.
B.
Area and bulk regulations, including required front, side and rear yards, maximum permitted height and maximum allowable lot coverage.
C.
Off-street parking regulations, including minimum required parking spaces.
D.
Off-street loading regulations, including minimum required loading berths for the specified uses.
E.
Sign regulations, including their sizes, lighting and location.
§ 360-6 Establishment of districts.
§ 360-7 Lot sizes.
Any lot hereafter created, as well as the open spaces reserved on it, must equal or exceed the minimum sizes prescribed by this chapter for the district in which the lot is included, unless otherwise specifically stipulated in Chapter 305, Subdivision of Land.
§ 360-8 Prohibited uses.
A.
Garden apartments are specifically prohibited in any zone and on any lot in the Borough of Barrington.[1]
B.
Alternative treatment centers which are authorized to grow and provide registered qualifying patients with usable marijuana and related paraphernalia (including cultivation, manufacturing, and/or dispensing of medical marijuana), in accordance with the provisions of the Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq. and authorized recreational marijuana retail facility, involving the sale of marijuana and related paraphernalia for recreational purposes to members of the general public, if permitted by state law, are prohibited uses in the all of the residential and commercial zoning districts of the Borough of Barrington.
[Added 12-11-2018 by Ord. No. 1100; amended 7-13-2021 by Ord. No. 1145; 7-13-2021 by Ord. No. 1146]
§ 360-9 Allowable uses.
[Added 10-13-1998 by Ord. No. 715]
§ 360-9.1 Electric vehicle supply; service equipment.
[Added 2-14-2023 by Ord. No. 1165]
A.
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
B. CERTIFICATE OF OCCUPANCY CHARGING LEVEL(1) (2) (3) ELECTRIC VEHICLE ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE MAKE-READY PARKING SPACE PRIVATE EVSE PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the Act and the regulations. See the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a 15- to 20-amp breaker on a 120-volt AC circuit.
Level 2 operates on a 40- to 100-amp breaker on a 208- or 240-volt AC circuit.
Direct current fast charger (DCFC) operates on a 60-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial-grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus, designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level 2 EVSE and direct current fast chargers. "Make-ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et al.).
EVSE that has restricted access to specific users (e.g., single- and two-family homes; executive parking fleet parking with no access to the general public).
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4)
The Barrington Zoning Officer and/or the Municipal Engineer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Barrington's land use regulations.
(5)
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a)
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b)
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c)
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
(6)
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(c)
A one-time written correction notice is not issued by the Barrington Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(7)
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and make-ready parking spaces.
(1)
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(h)
Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to this chapter.
(2)
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(2)
Installation.
(a)
Installation of EVSE and make-ready parking spaces shall meet the Electrical Subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c)
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d)
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(3)
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(b)
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in § 1-1 of the Code of the Borough of Barrington. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Barrington's ordinances and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, Barrington shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be $0.00 for each hour that the electric vehicle is connected to the EVSE.
(b)
This fee may be amended at any time by a resolution adopted by the Borough Council of the Borough of Barrington.
(c)
Private EVSE: Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.
§ 360-10 Zoning Map.
A.
Adoption of Zoning Map. The areas within the Borough as assigned to each district and the location of boundaries of the districts established by this chapter are shown upon the Zoning Map, dated July 27, 1962, as amended, which, together with all explanatory matter thereon, is declared to be a part of this chapter and shall be kept on file with the Borough Clerk. If, and whenever, changes are made in boundaries or other matters included on said Zoning Map, such changes in the map shall be made promptly after the amendment has been approved by Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
District boundary lines. The district boundary lines shall be as shown on the Zoning Map. District boundary lines are intended to coincide with lot lines, center lines of streets and alleys, the corporate boundary of the Borough or as dimensioned on the map. In case of doubt or disagreement concerning the exact location of the boundary line, the determination of the Planning Board, as provided in Article VIII, shall prevail.
[Amended 2-11-1997 by Ord. No. 691]
§ 360-11 Repealer; continuation of certain provisions.
The Zoning Ordinance of the Borough of Barrington, 1952, as amended, shall have no further force or application after the effective date of this chapter, except with reference to any existing cases, proceedings, liabilities and/or obligations arising out of such ordinance of 1952, and these shall continue and will be governed by the provisions of that chapter until they shall have been concluded, either by voluntary act of the parties or by order and judgment of any court of competent jurisdiction. All other now-existing ordinances or parts of ordinances which are contrary to the provisions of this chapter are hereby repealed to the extent necessary to give this chapter full force and effect.
§ 360-12 Word usage.
For the purpose of this chapter, certain words shall have the meanings assigned to them, as follows:
A.
Words used in the present tense include the future. The singular number includes the plural, and the plural the singular.
B.
The word "shall" is always mandatory.
C.
The word "building" includes "structure" and any part thereof.
D.
The phrase "used for" includes "arranged for," "designed for," intended for," "maintained for" or "occupied for."
E.
The word "person" includes an individual, association or any other similar entity.
F.
The word "includes" or "including" shall not limit the term to the specified example but is intended to extend its meaning to all other instances of like kind and character.
§ 360-13 Definitions.
The following words and phrases shall have the meanings given in this section, as follows:
A subordinate building, the use of which is customarily incidental to that of the principal building and is used for an accessory use and is located on the same lot.[1]
A use conducted on the same lot as a principal use to which it is related and located either within the same structure or in an accessory structure or as an accessory use of land, except that off- street parking need not be located on the same lot; clearly incidental to and customarily found in connection with a particular principal use; and either in the same ownership as such principal use or operated and maintained on the same lot for the express benefit of the owner, occupants, employees, customers or visitors. An "accessory use" includes:
Residential accommodations for caretakers of institutions and large commercial or industrial uses.
Keeping of domestic animals, but not for sale or hire.
Swimming pools restricted to the occupants of the principal use and guests for whom no admission or membership fee is charged.
Domestic or agricultural storage customarily found in a barn, shed, toolroom or similar structure.
The removal for sale or otherwise of loam, clay, sand, gravel or stone in connection with the construction of a building or other structure on the same lot, but in no case below the legal street grade.
Accessory off-street parking spaces, open or enclosed.
Accessory off-street loading berths.
Accessory signs.
Accessory radio or television antennas.
See "sign."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A minor way open to public use, which may or may not be legally dedicated, and is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
All incidental changes or replacements in the nonstructural parts of a building or other structure.
Minor changes or replacements in the structural parts of a building or other structure, limited to the following examples and others of similar character or extent:
Alterations of interior partitions to improve livability in nonconforming residential buildings, provided that no additional dwelling units are created thereby.
Alteration of interior partitions in all other types of buildings or other structures.
Making windows or doors in exterior walls.
Strengthening the load-bearing capacity in not more than 10% of the total area to permit the accommodation of a specialized unit of machinery or equipment.[2]
A story or portion of a story partly below curb level with at least one-third of its height, measured from floor to ceiling, above mean curb level.
A tract of land bounded by streets, public parks, railroad rights-of-way, excluding sidings and spurs, and corporate boundary lines of the Borough of Barrington.
Any structure which is permanently affixed to the land, has one or more floors or stories and a roof and is bounded by either lot lines or yards. A "building" shall not include such structures as billboards, fences or structures with interior surfaces not normally accessible to human use, such as gas tanks, grain elevators, coal bunkers or similar structures. A "building" may accommodate more than one family and have more than one dwelling unit and be used for residential, commercial or manufacturing purposes.
The term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines, and, therefore, includes:
See "street, center line of."
A statement, signed by the Zoning Administration Officer, setting forth that a particular parcel of land or a particular building or structure may lawfully be employed for specific uses or that a particular building or structure complies with all the requirements for the zoning district in which it is located.
See "lot, corner."
The average height of that part of the curb directly in front of the area in question.
An imaginary, vertical plane which begins at the curb and extends directly upward.
One which has yards on all four sides.
Consists of one or more rooms for living purposes, together with separate cooking and sanitary facilities, and is accessible from outdoors either directly or through an entrance hall shared with other dwelling units and is used or intended to be used by one or more persons living together and maintaining a common household.
An addition to the floor area of an existing building, an increase in size of another structure or an increase in that portion of a tract of land occupied by an existing use.
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
[Amended 1-19-2006 by Ord. No. 830; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The sum of the gross area of the several floors of a building or buildings measured from the face of exterior walls or from center lines of walls separating two buildings. In particular, "floor area" includes:
Basement space, except such space which, if enclosed, does not have any windows or exterior walls.
Elevator shafts, stairwells and attic space (whether or not a floor has been laid) providing structural headroom of eight feet or more.
Roofed terraces, exterior balconies, breezeways or porches, provided that over 50% of the perimeter of these is enclosed.
Any other floor space used for dwelling purposes, no matter where located within a building.
Accessory buildings, excluding space used for accessory off-street parking or used for loading berths.
Any other floor space not specifically excluded, excluding space used for air-conditioning machinery or cooling towers and similar mechanical equipment serving the building and cellar space.
See "yard, front."
See "yard line, front."
See "parking lot or garage, commercial."
Accessory to a principal building, either attached to it or separate, and used only for storage purposes.
Freestanding multiple dwellings, two or three stories in height, in which not less than two and not more than four dwelling units per floor are served by one staircase; designed to afford a maximum amount of common open space per family; and usable only as dwelling units and not for any other purpose, and the use of said units for business purposes, commercial purposes or for the carrying on of home occupations is expressly prohibited.
An area of land, together with any structure thereon, used for the retail sale of motor fuel and lubricants and incidental services, such as lubrication and hand-washing of motor vehicles, and the sale, installation or minor repairs of tires, batteries or other automobile accessories.
The vertical distance measured from the average level of the finished grade along all of the exterior walls of a building to the highest point of the roof, in the case of a flat roof, to the mean height between the eaves and ridge, in the case of a pitched roof or to the highest point on any structure which rises wholly or partly above the roofline and whose area equals or exceeds 20% of the ground-floor area of the building which supports it.
The vertical distance measured from ground level to the highest point on the sign itself and/or its supporting structure or along the face of the sign or its supporting frame from lowest point to highest.
Any profession or occupation with the purpose of making or earning money, wages or income which has no employees, visiting clients or customers, vehicles or signage. Any home business that generates additional parking, additional traffic or additional equipment not customarily associated with a residential area shall be prohibited.
[Amended 5-14-1996 by Ord. No. 675]
Bed-and-breakfast inns involving the renting of any rooms to the public will require a special permit from the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A building or part of a building in which living and sleeping accommodations are used primarily for transient occupancy and may be rented on a daily basis, and twenty-four-hour desk service is provided, in addition to one or more of the following services: maid, telephone, bellboy services or the furnishing or laundering of linens. A restaurant, cocktail lounge, public banquet hall, ballroom or meeting room is permitted as an accessory use.
That portion of the home wherein the normal functions of the household are exercised, including any attic or loft area which is accessible by a permanent stairway at least 30 inches wide, with risers not over eight inches and tread 10 inches, and which has at least seven feet of headroom at all points, computed where there is a suitable floor, and has at least 7.4 feet of headroom from the floor to cellar beam for at least 1/2 of the area computed, and the height at knee wall shall be at least five feet. For purposes of this chapter, basement or cellar area is not to be computed in the total area.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A lot of record existing at the effective date of this chapter; a tract or parcel of land, either unsubdivided or consisting of two or more contiguous lots of record, located within a single block, which, on the effective date of this chapter or any applicable amendment thereto, was in single ownership or control; or a parcel of land, located within a single block, which, at the time of filing for a zoning permit, is designated by its owner or developer as a tract to be used or developed as a unit under single ownership or control. A "lot" may or may not coincide with a lot of record as shown on the Official Tax Maps of the Borough of Barrington.
That certain border separating an approved building lot of the Borough of Barrington from the public street, and in all cases "front lot lines" shall abut a public street of this Borough, whether now in use or dedicated or preserved as a paper street for future use, but "front lot line" shall, in all cases, measure at least 50 feet as frontage upon said public street.
Any lot line, except a front lot line, which is parallel to, or within 45° of being parallel to, and does not interesect any street line. In the case of a corner lot, the owner or developer may make a different designation. See the definition of "lot, corner" for requirements.
Any lot line which is not a front lot line or a rear lot line.
[Amended 8-14-1990 by Ord. No. 551]
The distance as measured in feet between the two side lines, as measured along the front lot line, except in those cases wherein the front lot line shall lie on a curve or radius, and shall be in a R-1, R-2, or R-3 District, and in such case, the "lot width" shall be the distance between the two side lines as measured along the building line; provided, however, that in no such case shall the front lot line be less than 45 feet.
A lot bounded on at least two sides by streets; whenever the lines of such streets, extended, form an interior angle of 135° or less, the lot shall be deemed to have two fronts.
[Amended 8-14-1990 by Ord. No. 551; 6-14-2005 by Ord. No. 811; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
That portion of a lot which is covered by buildings or other surfaces which are more impervious than the natural surface, including, but not limited to, paved surfaces, patios, decks, swimming pools, garages, sheds, driveways and/or other accessory buildings.
[Added 6-14-2005 by Ord. No. 811]
A building or a group of buildings which contain living and sleeping accommodations used primarily for transient occupancy and which have individual entrances from outside the building to serve each such living or sleeping unit.
Any lawful building or other structure which does not conform to one or more of the applicable area and bulk regulations of the district in which it is located, either on the effective date of this chapter or as a result of a subsequent amendment thereto.
Any lawful lot which does not conform to one or more of the applicable area regulations of the district in which it is located, either on the effective date of this chapter or as a result of a subsequent amendment thereto.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any lawful use, whether of a building or other structure or of a tract of land which does not conform to the applicable use regulations of the district in which it is located, either on the effective date of this chapter or as a result of subsequent amendments thereto. However, no existing use shall be deemed nonconforming solely because of any of the following:
Shall consist of:
Parks, other recreation space or generally open areas available to the public, either free or by fee; or
Yards or other open areas in connection with residential buildings occupied by more than two families per lot, which are intended for the sole use of the occupants of such buildings and their guests.
A lot or structure whose principal use is the parking or storage of motor vehicles for specified time periods or the dead storage of motor vehicles. Minor repairs incidental to the parking and storage of motor vehicles are permitted as an accessory use.
Shall consist of:
See "garage, private."
See "yard, rear."
See "yard line, rear."
A dwelling which has more than one sleeping room for rent to persons not related to its other occupants. The term "rooming house" includes the term "boardinghouse."
A house which is:
See "gasoline service station."
See "yard, side."
See "yard line, side."
The portion of a corner lot within which fences, hedges, walls, retaining walls, structures and landscaping designs are limited to a maximum of 36 inches above the adjacent sidewalk, or the adjacent street where there is no sidewalk, to ensure an unobstructed view for motorists. The restricted sight triangle is determined by first locating the intersection of two curblines and, thereafter, measuring to points 35 feet back along the curbline. Parking of any vehicle shall not be within 35 feet from the intersection.
[Added 1-19-2006 by Ord. No. 830; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any letter, word, model, device or representation intended as an announcement, direction or advertisement. A "sign" is:
One which offers services or goods and which identifies the nature, kind or ownership of the establishment it is accessory to, on the lot on which the sign is located.
A written approval issued by the Planning Board subsequent to hearing and majority vote approval to allow enumerated permitted uses within a specific zoning district when required by this chapter. Formal notice requirements under Article I of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are not required.
[Added 7-9-1991 by Ord. No. 575; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
That portion of a building located between the surface of any floor and the next floor above it; if there is not more than one floor, the space between any floor and the ceiling next above it shall be considered a "story."
A publicly used way as shown on the Tax Maps of the Borough.
A way intended for general public use to provide means of approach for vehicles and pedestrians from a way shown on the Tax Maps to a building or other structure which performs the functions generally associated with a way shown on the Tax Maps.
Includes the words "road," "highway" and "thoroughfare."
A boundary of a publicly used way as shown on the Tax Map, and a lot line separating a street from other land.
The center line of a street which is usually at an equal distance from both street lines.
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, and may occupy space above, at or below ground level.
That portion of the lot which is unoccupied and open to the sky and extends from the lot line to the yard line.
A line drawn parallel to the corresponding lot line at a distance specified for the required depth of yard in each respective case.
Bounds the front yard and is parallel to the front lot line, the exception being a corner property, which shall be deemed to have two front lines.
[Amended 8-14-1990 by Ord. No. 551]
Bounds the rear yard and is parallel to the rear lot line.
Bounds the side yard and is parallel to the side lot lines.
The yard extending along the full length of the front lot line, the exception being a corner property, which shall be deemed to have two front lines.
[Amended 8-14-1990 by Ord. No. 551]
A yard extending the full length of the rear lot line.
A yard extending along the side lot line from the required front yard to the required rear yard.
§ 360-14 Construal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The interpretation of the regulations of this chapter is intended, in addition to the provisions of §§ 360-3 and 360-10, to ensure that whenever these requirements are at variance with any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, as particularly refer to area and bulk regulations and impose higher standards, the most restrictive requirements shall govern.