Harvey Cedars City Zoning Code

A subordinate use or subordinate building the purpose of which is incidental to that of the main use or main building and on the same lot.

An increase in the footprint area of a building, an increase in the height, or an increase in the number of stories of a building.

The rearrangement of any space by the construction of walls or partitions or by a change in ceiling height, the addition or elimination of any door or window, the extension or rearrangement of any system, the installation of any additional equipment or fixtures and any work which reduces the loadbearing capacity of or which imposes additional loads on a primary structural component.

Area between ceiling joists of top story and the roof rafters above. An attic area shall not be finished nor heated and not used for anything but storage or mechanical equipment.

The portion of a lot remaining after required yard areas have been set aside.

Any structure having a roof supported by columns, piers, or walls including tents, lunch wagons, trailers, dining cars, camp cars, or other structures on wheels or having other supports and any unroofed platform, terrace or porch having a vertical face higher than 12 inches above the level on the ground from which the height of the building is measured.

The sum of the areas enclosed by the principal and accessory building lines, including any porches and decks. Building footprint area shall exclude:

The difference in elevation from the crown of the established road, street, or easement grade at the center of the front yard to the highest point of the building or structure. Eastward of Long Beach Blvd., the established grade shall be the higher elevation of either the existing street or easement, or the established street profile. The height of properties fronting the eastward side of Long Beach Blvd. shall be based on the closest east/west easement or street on the eastward side of Long Beach Blvd. See Subsection 24-11.10. Westward of Long Beach Blvd., for lots that have been filled 20 inches above the centerline street grade, the building height shall be increased by one foot. See Subsection 13-7.2 for Height Limits.

A line formed by the intersection of a horizontal 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, except for roof overhangs projecting two feet or less, or chimneys projecting two feet or less and bay windows not extending to finish floor less than 12 square feet in area. All yard requirements are measured to the building line.

A certificate issued by the Borough Building Administrator and enforced by the Zoning Officer upon completion of construction and/or alteration of any building, or upon the sale, conveyance, transfer of ownership or change in the use of any building and/or structure which certified that all requirements of this chapter or such adjustments thereto which have been granted by the Board of Adjustment or Planning Board and all other applicable requirements have been complied with.

A permitted use in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance and upon the approval by the appropriate board.

An outside bench and/or seat provided for patrons as a convenience to use while consuming takeout foods.

An exterior floor system supported on at least two opposite sides by an adjoining structure and/or posts, piers, or other independent supports. Any deck area with a deck or roof above shall be considered a porch.

A use of land where a single parcel, site, or property is used for two distinct uses, both of which are permitted uses in the zone and meet all other town and zoning requirements, specifically a residential use and a commercial use such as a business/professional office, a retail business or a personal/household service establishment, being conducted in a single structure or on a single lot.

A detached residence designed for or occupied by one family only.

The lands required for the installation of stormwater sewer or drainage ditches and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facilities.

Access easements used for pedestrian traffic to gain access through a private property. No building or structure, whether principal or accessory shall be closer than eight feet to the pedestrian access easement line.

An easement created for the purpose of providing vehicular or pedestrian access across one property to another.

The right-of-way acquired by a utility or governmental agency or local utilities, included but not limited to water, sewer, stormwater and gas mains, telephone and electric poles, cables, pylons, and towers. Utility easements are not required to meet minimum setback requirements for zoning purposes.

An easement created for the purpose of vehicular ingress and egress. No portion of a vehicular easement can be included in required setbacks. Setbacks shall be measured from the easement line.

One or more persons occupying a single housekeeping unit and using common cooking facilities provided that unless all members are related by blood or marriage, no such family shall contain over five persons.

See Subsection 24-11.10 regarding lot fill, and Subsection 16-7.3f regarding easements and lots.

A device that provides a back-up power source and is connected to a building's electrical system and which shall be considered a structure.

The heated and air-conditioned areas of buildings utilized for living, sleeping, eating or cooking, including bathrooms, toilet compartments, closets, mezzanines, stairways, foyers, halls, storage, utility areas, and closed porches. Habitable Areas shall not include unheated attics, crawl spaces, basements or garages, decks, open porches, and floor space less than five feet in height. Habitable Areas will be calculated from the exterior walls of the structure.

Surface covering the natural earth which covering inhibits, reduces, or prevents water percolation or absorption into the natural earth, thereby causing surface water to drain off the site of the surface covering rather than be absorbed into the earth constituting lot upon which the surface covering is placed, including, but not limited to, decks, brick, concrete pavers, asphalt, artificial turf, and similar type pavements that cover the lot. Timber or plastic decks having open joints, and gravel, shell or stone surfaces are not considered impervious coverage.

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:

The ratio of building footprint area to upland lot area.

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 the public street shall be considered frontage unless otherwise modified herein.

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 the street (or circle approximately following the right and intersection the foremost points of the side lot lines) is less than 90 feet, in which case the 80% requirement shall not apply; however, the minimum width at the street line in the situation where the radius is less than 90 feet, shall not be less than 25 feet.

A lot containing a combination of commercial and residential uses. The mix of uses may be contained in one or more buildings and/or separated into different buildings on a lot pursuant to the requirements of the Code.

An image larger than a sign, as defined in this chapter, such as a painting, photograph, and/or multi-colored shapes or designs applied to a wall on private property. Any wall on private property that has two or more paint colors applied (not including trim and fixtures) larger than a sign shall be considered a mural. A mural normally does not include landscaping, or architectural ornamentation.

An off-street parking space shall be 10 feet by 18 feet, plus necessary space for maneuvering incidental to parking or unparking and shall not encroach upon any public way. Every off-street parking space shall be accessible from a public way.

One of the following:

Any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied. Reconstruction may include repair, renovation, alteration, or any combination thereof. For further clarification of such definitions reference shall be to the New Jersey Administrative Code, N.J.A.C. 5:23-6.4 et seq.

Any establishment, however designated, at which food is sold for consumption on the premises, inside or outside and including take-out service.

Any establishment which food is sold for consumption off premises and with no table seating or service.

Any establishment at which food and/or sundries are sold primarily for consumption off premises with some limited on-site seating. Kitchen cooking apparatus that require ventilation, including, but not limited to, flat tops, ovens, stoves, and/or fryers are not permitted. Microwaves, panini presses, and toaster ovens are permitted.

Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided however, that the following shall not be included in the application of the regulations herein.

For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered to be a single sign. The surface area of a sign shall be computed as including the entire area within a regular geometric form comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area.

A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises.

A vertical dimension and shall mean that portion of a building included between the upper surface of a floor and the upper surface of the floor 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.

The right-of-way line of a street.

Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, poster panels, and decks.

The area of a lot exclusive of any open water, lagoon or wetland areas. Open water area shall be measured from the mean high-water line established on the current property survey.

An outside bench and/or seat provided for patrons as a convenience to use while waiting to be seated at a table. No consumption of food is permitted on waiting benches.

A required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure from 12 inches above the general ground level on 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.

Required yard abutting public streets to 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 shall be permitted which materially impedes visibility across such yard between a height of 24 inches and eight feet.