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Beach Haven City Zoning Code

§ 212-3

Definitions and word usage.

[Amended 1-23-1984 by Ord. No. 84-2; 5-29-1984 by Ord. No. 84-13; 2-28-1994 by Ord. No. 94-5; 6-12-2000 by Ord. No. 2000-12; 4-8-2002 by Ord. No. 2002-4; 3-8-2004 by Ord. No. 2004-5; 11-8-2004 by Ord. No. 2004-29; 10-11-2005 by Ord. No. 2005-23A; 4-13-2009 by Ord. No. 2009-9; 6-11-2018 by Ord. No. 2018-18C; 4-8-2019 by Ord. No. 2019-9C; 8-10-2020 by Ord. No. 2020-13C; 9-14-2020 by Ord. No. 2020-16C; 4-12-2021 by Ord. No. 2021-9C; 4-12-2021 by Ord. No. 2021-9C; 9-13-2021 by Ord. No. 2021-33C; 5-26-2022 by Ord. No. 2022-11C; 11-12-2024 by Ord. No. 2024-35C; 4-14-2025 by Ord. No. 2025-6C]
Whenever a term used in this chapter is defined in N.J.S.A. 40:55D-1 et seq., the term is intended to have the meaning set forth in the definition of such term in the statute. However, the following terms, as used in this chapter, shall be defined as follows:
A. 
Words and phrases.
(1) 
The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(2) 
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(3) 
The word "shall" is mandatory; the word "may" is permissive.
(4) 
The words "used or occupied" include the words "intended, designed or arranged to be used or occupied."
(5) 
The word "lot" includes the words "plot" or "parcel."
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING OR STRUCTURE - RESIDENTIAL
A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. No interior finishing or plumbing are permitted. One story only. Limit one, plus a shed, per property. Maximum of 264 sq. ft. These buildings/structures shall be calculated in building coverage. Any deviation requires Land Use Board approval.
ACCESSORY USE
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
ALTERATIONS
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.
APPROVING AUTHORITY
The Planning Board or the Board of Adjustment of the Borough of Beach Haven when acting pursuant to the authority of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
ATTICS
The unfinished space between the ceiling assembly and the roof assembly
BAR
An establishment used primarily for the sale or dispensing of liquor by the drink to the general public for on-site consumption and where packaged liquors may be served or sold as an accessory use, and food may be sold and consumed on-site as an accessory use.
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
BUILDING AREA
The portion of a lot remaining after required yards have been set aside, in which buildings may be placed.
BUILDING COVERAGE
The ratio of the horizontal area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area. Building coverage shall include decks, porches, steps, detached garages, and accessory structures and not exceed 35%.
BUILDING HEIGHT
The measurement shall be taken from the center-line grade of the nearest improved street or easement on which the building or structure is located. In the case of property fronting on two or more lawful streets, the elevation of the existing center-line street grade to the lowest street shall govern. To determine the height on the vertical plane of the building being measured, a straight, level line perpendicular to the edge of the easement or improved street and running directly from the center-line grade of the said easement or improved street to the vertical face of the building at its closest point to the center-line grade of the improved street or easement shall be marked, from which a vertical line shall be taken upwards to the point of the intersection of the plane of the highest point of the building.
BUILDING LINE
A line formed by the intersection of a horizontal plane that coincides with the exterior surface of the building, steps or 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. Eaves or overhangs are not considered as occupying area; provided, however, that the same do not extend more than two feet into any required setback area.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Construction Official 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 Land Use Board, and all other applicable requirements, have been complied with.
CLUSTER DEVELOPMENT
Development for multifamily use consisting of the dwelling units located in separate and distinct buildings.
CONDITIONAL USE
A use permitted in a particular zoning district when it is shown that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in the Zoning Ordinance and authorized by the Land Use Board (approving authority).
CONDITIONED SPACE
An area, room or space that is enclosed within the building thermal envelope and that is directly heated or cooled or indirectly heated or cooled. Spaces are indirectly heated or cooled where they communicate through openings with conditioned spaces, where they are separated from conditioned spaces by uninsulated walls, floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating or cooling. Conditioned space shall be counted towards building coverage and floor area ratio.
DECK BOXES/STORAGE BINS
May not exceed four feet in height.
DWELLING
A building designed and constructed to accommodate one or more families.
DWELLING, MULTIPLE-FAMILY
A detached residential dwelling designed for or occupied by three or more families with each single family sharing a common interior wall, ceiling, or floor extending from ground to roof, or from exterior wall to exterior wall with each single family maintaining one kitchen or cooking facility.
DWELLING, SINGLE-FAMILY
A detached residential dwelling designed for or occupied by one family only, providing one kitchen or cooking facility.
DWELLING, TWO-FAMILY
A detached residential dwelling designed for or occupied by two families with each single family residing in a portion of the structure which shares a common interior wall, ceiling or floor extending from ground to roof, or from exterior wall to exterior wall with each unit to contain one kitchen or cooking facility.
ELECTRICAL EQUIPMENT
Equipment associated with heating, ventilation, fixed-location generators, and air conditioning. The maximum required setback from the principal structure shall be one foot. Platforms for equipment shall not exceed 32 square feet and shall be exempt from building coverage but shall be included in impervious coverage and shall be located in rear and side yards. A five-foot minimum setback shall be required.
FACADE
The exterior face of a building, including, but not limited to, the wall, windows, window sills, doorways, and design elements such as cornices, expression lines, and parapets.
FACE
The part of the exterior wall of a building that faces one direction and is located between the ground level and the ceiling of its top story.
FAMILY
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.
FIXED LOCATION EQUIPMENT PLATFORMS
Fixed-location generators, equipment associated with heating, ventilation, air conditioning and the like shall comply with the following setback requirements:
(1) 
The maximum required setback from the principal structure shall be one foot.
(2) 
The platform for the fixed-location generators, equipment associated with heating, ventilation, and air conditioning shall not exceed 32 square feet and shall be exempt from building coverage but shall be included in impervious coverage and shall be located in rear and side yards only meeting the five-foot minimum setback.
FLOATING HOME
Any vessel in fact used, designed or occupied as a permanent dwelling unit, business office or source of any occupation, or for any private or social club of whatsoever nature, including but not limited to a structure constructed upon a barge primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored or docked within the corporate limits of the Borough of Beach Haven, whether such vessel is self-propelled or not and whose volume coefficient is greater than 3,000 square feet. "Volume coefficient" is the ratio of the habitable space of a vessel measured in cubic feet and the draft of a vessel measured in feet of depth.
FLOATING HOME MARINA
That area within the Borough of Beach Haven covered by any waterway within the Borough where one or more sites or locations are rented or offered for rent, sold or offered for sale for the location of floating homes.
FLOOR AREA RATIO (FAR)
Representing the heated and conditioned gross floor area of all buildings or structures on a lot divided by the total lot area.
FREE STANDING FIREPLACES AND FIRE PITS
A ten-foot minimum setback shall be required from all lot lines and other structures.
FRONT FACADE
The principal face of the building that consists of the primary building entrance, scaled appropriately to the individual dwelling.
GARAGE RESIDENTIAL
An accessory use or structure for housing a motor vehicle or vehicles. No more than one commercial vehicle not exceeding one-ton capacity may be parked or stored inside or on premises. Detached residential garages are not to exceed one story and a maximum of 18 feet in height above the established street grade. Attic space within the garage shall only be utilized for storage. A five-foot minimum setback shall be required.
GAZEBO
An accessory roofed structure, freestanding, open-air, not exceeding 10 feet in height and 100 square feet in floor area. A five-foot minimum setback shall be required.
HABITABLE AREA
Area shall be taken to outside face of exterior walls and shall include all space in buildings for living, sleeping, eating, cooking, bathrooms, toilet compartments, closets, halls and storage or utility spaces, as well as stairs, excluding attics, crawl spaces, basements, open decks, covered porches and garages. No habitable area may be below the base flood elevation.
HEIGHT LIMITS
No building of structure shall exceed 35 feet nor three stories in height. The measurement shall be taken from the center-line grade of the nearest improved street or easement on which the building or structure is located. In the case of property fronting on two or more lawful streets, the elevation of the existing center-line street grade to the lowest street shall govern. To determine the height on the vertical plane of the building being measured, a straight, level line perpendicular to the edge of the easement or improved street and running directly from the center-line grade of the said easement or improved street to the vertical face of the building at its closest point to the center-line grade of the improved street or easement shall be marked, from which a vertical line shall be taken upwards to the point of the intersection of the plane of the highest point of the building.
IMPERVIOUS LOT COVERAGE
The square footage or other area measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s). All paved or unpaved parking spaces and lots, swimming pools, hot tubs, whirlpools and other bodies of collected water, buildings, roads, driveways, walkways, tennis courts, patios and any other structure or on-site material, surface covering, or ground condition that do not permit the natural soil absorption and permeation of water shall be considered impervious surfaces and included in the computation of lot coverage, except that the ornamental coverage of a lot with stones or similar materials or inground landscaping, sod or grass shall not be considered part of the impervious lot coverage. For the purpose of this definition, impervious lot coverage shall include any and all kind of pavers.
LOT
A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as herein required. Such lot shall have direct vehicular access to an improved public street as herein defined and may consist of:
(1) 
A single lot of record.
(2) 
A portion of a lot of record.
(3) 
A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(4) 
A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this chapter.
LOT COVERAGE
That portion of a lot which is permitted in the applicable zoning district to be covered by a building as defined herein. For the purposes of calculating lot coverage, no portion of the lot which is mapped as wetlands and no portion which is riparian shall be includable in the calculation of determining permissible lot coverage. For example, if a lot containing 20,000 square feet in the RC District contains 2,000 square feet of areas mapped as wetlands or riparian lands, then only 18,000 square feet of that lot may be used in calculating the permissive coverage.
LOT FRONTAGE
(1) 
On regular lots, the front shall be construed to be the portion nearest the public street. In determining yard requirements, all sides of any regular lot adjacent to a public street shall be considered frontage, and yards shall be as provided under the definition of "yards on regular lots."
(2) 
On irregular lots, portions of which abut public streets, no lot frontage need be determined for purposes of determining front yard requirements as such, but no building shall be erected in the portion of the lot abutting the public street within the same distance therefrom as specified for adjoining yards abutting public streets and limitations concerning height of fences, walls, yard accessories or ornaments or furniture and hedges and other vegetation shall apply as for such adjoining yards.
LOT, IRREGULAR
A lot so located, shaped or oriented that application of general measurement methods or yard location requirements of the district is impractical and serves no useful public purpose, and/or with location of yards by type (front, side and rear) not logically determined by nor related to adjacent yard patterns. An irregular lot shall be considered to meet the dimensional requirements of the district in which it is located, provided that:
(1) 
Lot area, as computed for regular lots, shall meet district requirements for the proposed use.
(2) 
All yards shall provide the same separation from lot lines as required generally on a regular lot for the minimum side yard for the use in the district; provided, however, that where district regulations permit building to a lot line of a regular lot under specified circumstances, the same regulations shall apply on an irregular lot.
LOT, REGULAR
A lot abutting a public street and so located, shaped and oriented to adjacent lots as to be reasonably adapted to application of general measurements as indicated below and with location of yards by type (front, side, rear and special) logically determined by and related to adjacent yard patterns. Width of a regular lot shall be determined by measurement across the rear of the required front yard; provided, however, that width between side lot lines at the points where they intersect the street line shall not be less than 80% of required minimum lot width, except in the case of lots on the turning circle of cul-de-sac or at points of street curvature where the radius at the right-of-way line of a street (or a circle approximately following the right and intersecting the foremost points of the side lot lines) is less than 90 feet, in which case the 80% requirement shall not apply.
MARINA
A dock or base and operated for profit or to which public patronage is invited, providing moorings or marine services primarily for power yachts, launches or other watercraft, other than floating homes, and which is also capable of removing any and all crafts moored within the marina, out of the water for repair or as a result of emergent conditions.
NIGHTCLUB
An establishment dispensing liquor and food where music, dancing or entertainment is conducted.
OUTDOOR KITCHEN
An accessory use with an outdoor sink. A ten-foot minimum setback shall be required and shall not exceed 20 sq. ft. in area.
PERGOLA
An accessory structure of parallel colonnades supporting an open roof of crossing rafters or trelliswork not exceeding 10 feet in height and 100 square feet in floor area. A five-foot minimum setback shall be required.
PERVIOUS HARDSCAPE
A porous paver or porous pavement surface that allows water to percolate and is constructed utilizing an uncompacted subgrade, base layer/fabric filter, uniformly graded stone aggregate and a porous layer to ensure adequate drainage.
PORCHES
A roofed-over deck area of unconditioned space with required railings and guards only. Railings and walls shall not be solid, unless transparent. Porches may be enclosed with insect screening.
RESTAURANT
A food establishment primarily selling prepared food for consumption on premises.
RETAINING WALLS
A structure that is constructed between lands of different elevations to stabilize the surfaces, prevent erosion and/or protect structures. Retaining walls in the SFHA Special Flood Hazard Area shall be designed by a licensed design professional to prevent floatation. All retaining walls must be constructed on the same lot as the improvement requiring the retaining wall and count toward impervious coverage. Retaining walls shall not be counted towards building coverage. For definition purposes, bulkheads along a body of water are not retaining walls.
SHED RESIDENTIAL
Accessory structure to single family residential for storage space, not to exceed 145 square feet in floor area and 10 feet in height, provided that the same are constructed of light frame only. A five-foot minimum setback shall be required. No interior finish, electric or plumbing. Any other variation shall be considered an accessory structure. Limit one.
STREET LINE
The right-of-way line of a street.
STRUCTURE
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50% of the value of the existing structure, as determined by the Assessor, either before the start of construction of the improvement or repair, if the structure has been damaged and is being restored, before the damage occurred. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. For the purposes of this definition, substantial improvement and/or substantially improved is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(1) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
(2) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
TAVERN
Place of business for the sale and on-premises consumption of alcoholic beverages, also known as a "bar."
TRAILER, CONSTRUCTION OR STORAGE
An enclosed vehicle or container utilized for the storage of personal property of any kind during the construction, alteration or repair of any structure, which vehicle or container has no means of self-propulsion but which is pulled or towed behind a motor vehicle or carried upon or by a motor vehicle designed for that purpose. No activity or sales are permitted to be conducted in construction or storage trailers.
TRANSIENT BOAT SLIP
Any boat slip not designated and reserved for a specific vessel or individual, and at which any vessel does not remain docked overnight.
YARD
A required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility as indicated herein.
YARDS ABUTTING PUBLIC STREETS
Required yards abutting public streets shall be measured in the following manner: A straight line shall be drawn between two points at which lot lines intersect street lines on any face of the lot. Where property corners are rounded, such points shall be plotted by projecting lot lines to the point where they would have met the street line without rounding. Depth of required yards abutting public streets shall be measured perpendicular to such straight lines, and the inner line of such required yards shall be parallel to the outer line so established. In any such required yard abutting a public street, no fence, wall or hedge or other vegetation shall be permitted which materially impedes visibility across such yard between a height of 30 inches and eight feet.
YARDS ON REGULAR LOTS
(1) 
FRONT YARDA yard extending between side lot lines across the front of a lot adjoining a public street.
(a) 
On through lots, unless the prevailing lot pattern indicates otherwise, front yards shall be provided on all frontages in accordance with the general regulations of the district concerning the minimum depth of front yards. Where a front yard adjoins public streets on adjacent lots, the Building Administrator shall determine front yard requirements to provide a yard:
[1] 
With the least front yard depth required on an adjacent lot; or
[2] 
With the greatest front yard depths required on adjacent lots; or
[3] 
With the average of front yard depth required on adjacent lots; or
[4] 
Running from the rear line of one adjacent front yard to the rear line of the other, and to the street, in which case the rear line of the required front yard need not be parallel to the front line.
(b) 
At intersections of two public streets, on corner lots without reversed frontage, a front yard of the depth generally required in the district shall be provided in accordance with the prevailing yard pattern, and a second front yard of 1/2 the depth required for front yards generally in the district shall be provided on the other public street frontage.
(c) 
In the case of corner lots with more than two frontages on public streets, the Building Administrator shall conform yard requirements adjacent to such streets to yard patterns required on adjacent lots. Yards so provided, where not otherwise specified by their regulations, may have the least, the most or the average of required front yard depths on adjacent lots.
(2) 
SIDE YARDA yard extending from the rear line of the required front yard to the rear lot line or, in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of corner lots, yards remaining after full and half-depth front yards have been established shall be considered side yards. In the case of through lots, side yards shall extend from the real lines of front yards required. Width of required side yards shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations, with its inner edge parallel to the side lot line.
(3) 
REAR YARDA yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards but only front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations, with its inner edge parallel to the rear lot line.
(4) 
SPECIAL YARDA yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the Building Administrator shall require a yard with minimum dimensions as generally required for a side yard or rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.