Brooklawn City Zoning Code
ARTICLE I
Purpose; Districts; Conformity; Definitions
§ 150-1 Purpose.
This chapter shall be held to be the minimum requirements adopted pursuant to the Municipal Land Use Law, Chapter 291, Laws of New Jersey, 1975, N.J.S.A. 40:55D-1 et seq., in order to promote the public health, safety, morals and general welfare. Among other purposes, the provisions of this chapter are intended to provide adequate light, air and convenience of access, to prevent overcrowding of land or buildings and to avoid undue concentration of population by regulating and limiting the use of land, the height and bulk of buildings wherever erected, to limit and determine the size of yards and other open spaces and to conserve the value of property and encourage the most appropriate use of land throughout the borough.
§ 150-2 Districts.
§ 150-3 Zoning Map; district boundaries.
[Amended 3-20-2017 by Ord. No. 6-17; 7-10-2017 by Ord. No. 15-17]
The Zoning Map of the Borough of Brooklawn be and hereby is adopted consistent with the terms and conditions of this chapter. The boundaries of these districts are hereby established as shown the Zoning Map, which accompanies and is hereby declared to be a part of this chapter and a copy of which is on file with the Brooklawn Borough Clerk. Where said map indicates a district boundary on a set, the center line of such street shall be construed to be the boundary.
§ 150-4 Conformity with regulations.
Hereafter, no land shall be used or occupied and no building, structure or premises or part thereof shall be used, occupied, erected, altered, constructed, reconstructed, moved, raised, extended or enlarged except in conformity with the regulations herein prescribed for the district in which it is located. In case of mixed use or occupancy, the regulations for each use shall apply to the portion of the building or land so used or occupied. These regulations, however, shall be subject to such powers as may be given to the Board of Adjustment by law and by this chapter.
§ 150-5 Definitions and word usage.
A.
Word usage. For the purpose of this chapter, any words used in the present tense include the future; the plural number includes the singular; the words “used for” include the meaning “designed for”; the word “structure” includes the word “building.” The meaning of all words not defined in this chapter shall be taken from New Jersey Building Officials and Code Administrators Basic Building Code/1978 or amendments and reissues thereof.
B. ACCESSORY BUILDING ACCESSORY USE ALLEY ALTERATION APARTMENT BUILDING CERTIFICATE OF OCCUPANCY CURB LEVEL CURBLINE DEPTH OF LOT DEVELOPER FAMILY FENCE FRONT YARD GAS STATION HALF STORY HEIGHT LIMIT HEIGHT OF BUILDINGS INTERIOR LOT JUNKYARD LOT MAJOR REPAIRS MIXED OCCUPANCY NONCONFORMING USE OFF-STREET PARKING FACILITY ONE-FAMILY DETACHED DWELLING PARKING AREA PORCH PRIVATE GARAGE PUBLIC GARAGE REAR YARD REDEVELOPMENT SEMIDETACHED DWELLING SIDE YARD SIGN STORY STREET STREET LINES STRUCTURE THROUGH LOT YARD
Definitions. For the purpose of this chapter, certain terms and words are hereby defined as follows:
A building or structure subordinate to and located on the same lot with the main building and designed, intended or used as an accessory use.
Use of a building, lot or portion thereof, which use is customarily incidental and subordinate to the principal use of the main building or lot.
Any roadway or public way dedicated or open to public use or shown on the Borough Map and not opened, 20 feet or less in width.
Any change in the supporting members of a building, except such change as may be required for its safety; any addition to a building; or removal of a building from one location to another .
A building or series of buildings under single ownership, with common yards and open spaces, containing two or more suites of rooms equipped for separate housekeeping.
A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property, including tents, lunch wagons, dining cars, camp cars, trailers and other roofed structures on wheels or other supports used for residential, business, mercantile, storage, industrial, institutional, educational, assembly or recreational purposes.
A statement signed by the Construction Code Official, setting forth that a building or structure does comply with this chapter or that a building, structure or parcel of land may lawfully be used for specified uses.
[Amended 4-21-1986 by Ord. No. 7-86]
The elevation of the top of the curb or the established curb grade opposite the center of the building or portion thereof under consideration. Where the building does not adjoin the street, the average elevation of the proposed grade line of the ground immediately adjacent to the building as shown on the building plans shall be considered as the “curb level.”
The line of the curb as presently existing or as may hereafter be established by the governing body of the borough.
The mean horizontal distance between the front lot line and rear lot line.
The legal or beneficial owner or owners of a lot or of any land, including the holder of an option or contract of purchase or other person having an enforceable proprietary interest in such land.
An individual or two or more persons related by blood or marriage or a group of individuals of not more than four persons not related by blood living together as a single housekeeping unit. In each instance the “family” shall be understood to include necessary servants and may be understood to include lodgers or roomers taken for hire.
An enclosing barrier about a lot or portion thereof.
A yard across the full width of the lot extending from the front line of the building to the from of the lot except as otherwise provided herein.
Any establishment which stores, sells dispenses fuel for motor vehicles.
A story under a gabled, hipped or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet nor less than one foot above the finished floor of such story .
A vertical distance fixed in each district and measured from the curb level.
The vertical distance measured from the curb level to the highest point of the roof adjacent to the street wall for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gabled, hipped and gambrel roofs.
A lot the side lines of which do not abut on a street.
Any place or structure used for the collection, storage, purchase or sale of junk, rags, bones, old rope, old iron, old automobiles, brass, copper, tin or other metals, old bottles of any and every nature and description whatsoever.
A parcel of land which is or may be occupied by a building and accessory buildings, including the open spaces required under this chapter .
Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, joists or rafters or enclosure walls.
Occupancy of a building or land for more than one use.
A use of a building or lands that does not conform to the regulations of the district in which it is situated.
A parking area, as hereinafter defined, for the parking of passenger vehicles of the occupants, employees, visitors and patrons of specified types of buildings.
A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.
An open, off-street land area, including parking spaces and access and egress drives or aisles, used or required by this chapter for parking of automobiles or other vehicles exclusively and in which no gasoline or automobile accessories are sold and no other business is conducted.
A roofed, open structure projecting from the front, side or rear wall of a building and having no enclosed features of glass, wood or other material more than 30 inches above the floor thereof except the necessary columns to support the roof.
A garage in which no business, service or industry is carried on and which is designed to contain not more than three noncommercial motor vehicles.
Any garage not included within the definition of a private garage.
A yard across the full width of the lot, extending from the rear line of the building to the rear line of the lot.
Clearance, replanning, development and redevelopment; the conservation and rehabilitation of any structure or improvement; the construction and provision for construction of residential, commercial, industrial, public or other structures; and the grant or dedication of spaces as may be appropriate or necessary in the interest of the general welfare for streets, parks, playgrounds or other public purposes, including recreational and other facilities, incidental or appurtenant thereto, in accordance with a redevelopment plan.
[Added 5-16-2005 by Ord. No. 9-05]
A building designed for and occupied exclusively as a residence for only one family, applied to one of two houses which are detached from other buildings and joined together by a single party wall.
A yard between the side line of the building and the adjacent side line of the lot, extending from the front yard to the rear yard. If there is no front yard, the “side yard” shall be considered as extending to the front line of the lot, and if there is no rear yard, the “side yard” shall be considered as extending to the rear line of the lot.
Any outdoor or indoor device, structure or display of any writing, picture, painting, emblem, drawing or similar device intended to invite or draw the attention of the public to any goods, services, activity or location, separate, attached to or part of a structure.
That portion of a building included between the surface of any floor and the floor above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.
Any roadway or public way dedicated or open to public use or shown on the Borough Map, except an alley.
The lines upon which the width of the abutting streets is established, i.e., the property line and not the curbline.
Anything constructed or erected, permanent or portable, or anything attached to something having a permanent location on the land.
An interior lot having frontage on two streets or one street and an alley.
An open, unoccupied space on the same lot with a building, unobstructed from the ground to the sky except as otherwise provided herein.