Keyport City Zoning Code
§ 25-1-3
DEFINITIONS.
[Ord. No. 13-90; Ord. No. 31-92; Ord. No. 2-97; amended 7-16-2013 by Ord. No. 12-13; 9-3-2013 by Ord. No. 14-13; 12-18-2018 by Ord. No. 28-18]
a. ACCESSORY USE OR BUILDING ADULT ENTERTAINMENT USES1. 2. 3. 4. ALTERATION AUTOMOBILE SERVICE STATION AUTOMOBILE, BOAT OR TRAILER SALES AREA BASEMENT BATHROOM AND COOKING FACILITIES BED-AND-BREAKFAST RESIDENCE BILLBOARD BOARD OF ADJUSTMENT BOARDINGHOUSE BUILDING BUILDING HEIGHT BUILDING, PRINCIPAL CELLAR CONDITIONAL USE COURT DEVELOPMENT, MAJOR DEVELOPMENT, MINOR1. 2. 3. 4. 5. 6. DISCOTHEQUE DISTRICT or ZONE DWELLING1. 2. 3. ESSENTIAL SERVICES FAMILY FINAL APPROVAL FINAL PLAT FLOOR AREA GARAGE, PRIVATE GARAGE, PUBLIC GAS STATION HOME OCCUPATION HOTEL HOUSEHOLD JUNKYARD LOT or ZONE LOT1. 2. 3. 4. 5. 6. 7. MAJOR SUBDIVISION MARINA MASTER PLAN MINOR SUBDIVISION MODULAR HOME MOTELS, MOTOR COURTS AND MOTOR HOTELS NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE OFF-TRACT OFFICIAL MAP OFFSITE OWNER PARKING AREA, COMMERCIAL PARKING AREA, PRIVATE PERFORMANCE GUARANTEES PLANNED RESIDENTIAL DEVELOPMENT or PLANNED UNIT RESIDENTIAL DEVELOPMENT PLANNING BOARD PLAT PRELIMINARY PLAT PROFESSIONAL OFFICE RECREATION1. 2. 3. (a) (b) RELIGIOUS USE RESIDENTIAL STREET ROOMING HOUSE (BOARDINGHOUSE) SETBACK LINE, FRONT SIGN
SIGN, FLASHING SIGN, GROSS ADVERTISING AREA OF SITE PLAN1. 2. 3. SKETCH PLAT STORY1. 2. STREET1. 2. 3. 4. 5. STREET LINE STRUCTURAL ALTERATION STRUCTURE SUBDIVIDER SUBDIVISION TECHNICAL REVIEW COMMITTEE TOWNHOUSE TRAILERS OR MANUFACTURED HOME/OFFICE UNIT MOBILE HOUSE UNITS USE YARD, FRONT YARD, REAR YARD, SIDE ZONING BOARD OF ADJUSTMENT ZONING MAP
Certain words and terms in this chapter are defined for the purpose thereof as follows:
A subordinate use or building, the purpose of which is incidental to that of the main use or building and on the same lot.
Includes:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock in trade books, magazines, other periodicals, or any tangible items and objects, not necessarily of a reading or photographic nature, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
ADULT MINI MOTION PICTURE THEATERAn enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein. For the purpose of this subsection, "specified sexual activities" is defined as human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breast; and "specified anatomical areas" is defined as less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
CABARETAn establishment which features go-go dancers, exotic dancers, strippers, or similar entertainers.
A change to the exterior or interior elements of a building or structure so as to affect the amount or arrangement of rooms, corridors and other spaces or to change the nature of their use and/or a change to parking and loading areas and access thereto which affects existing parking layout, circulation, drainage, building arrangements, landscaping, buffering and/or lighting.
A building or place of business where grease, batteries, tires, mufflers and other automobile parts and accessories and minor repair services are sold at retail.
An open area, other than a street, used for the display, sale or rental of new or used motor vehicles, motor or sailboats or trailers in operable condition and where no repair work is done.
Any area of a building having its floor subgrade (below ground level) on all sides. A basement shall be counted as a story if used for business or dwelling purposes.
Defined by the State of New Jersey Uniform Construction Code.
A private, single-family residence that is year-round owner-occupied, which provides overnight lodging for no more than 12 transient guests and provides only breakfast for registered guests each day. The rented rooms do not contain cooking facilities and do not constitute separate dwelling units.
A sign, as defined herein, advertising a use, activity or goods not located at the site.
Shall have the same definition as the Zoning Board of Adjustment.
A building arranged or used for lodging, with or without meals, for compensation and not occupied as a single family unit.
Includes the word "structure" and is 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 other supports and used for living or business purposes.
The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest point of the roof and the ceiling of the highest floor below it, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections.
A structure in which is conducted the principal use on the lot and that covers the principal area of the site on which it is situated. In any residential district any dwelling shall be deemed to be a principal building on the zone lot on which it is located.
A story wholly or partly above curb level having more than one-half of its floor-to-ceiling height below the average level of the adjoining ground. No cellar or portion thereof shall be used as a dwelling unit.
A use permitted in a particular zoning district only upon a showing that such in a specified location will comply with the conditions and standards for the location or operation of such as contained in the zoning ordinance, and upon the issuance of an authorization therefore by the Planning Board.
Any open, unoccupied area which is bounded by three or more attached building walls.
A major subdivision or any development not defined as a minor development.
A minor subdivision;
The construction of any building or structure or addition to any building or structure of 500 square feet or less;
Improvements or alterations to existing parking areas containing less than 10 parking spaces, or where the area of existing paving and location and size of existing driveways are affected;
The alteration of an existing building resulting in a change in the number of dwelling units on the site;
Does not involve the construction of new drainage facilities or significant alteration to an existing drainage facility;
Does not involve planned development, any new street or extension of any off-tract improvement.
A building or place of business, with or without a liquor license, used principally as an establishment for dancing to recorded music or to live musical performance by individual(s).
Any designated portion of the territory of the Borough of Keyport, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
Any building or portion thereof designed or used exclusively as the residence of one or more persons containing one or more rooms including cooking, sleeping and bathroom facilities designed as a unit for occupancy by not more than one family or household with direct access from the outside or through a common hall.
DWELLING, SINGLE-FAMILYA structure or building occupied or intended for occupancy as separate living quarters exclusively for one family or one household with direct access from the outside and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of the occupants of the unit.
DWELLING, TWO-FAMILYA structure or building occupied or intended for occupancy as separate living quarters for two separate families or two separate households with direct access from the outside or through a common hall and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of the occupants of each unit.
DWELLING, MULTIFAMILYA structure or building occupied or intended for occupancy as separate dwelling units for three or more families with direct access from the outside or through a common hall and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of the occupants of each unit.
The provision by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare; buildings, generating stations, treatment plants and similar are not included herein.
Persons living in the same dwelling unit who are related to each other by blood, marriage or adoption or a group of not more than any five persons living together as a single nonprofit unit and which bear the generic character of a relatively permanent functioning family unit.
The official action of the Planning Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval and which, if approved, shall be filed with the proper county recording officer.
The sum of the gross horizontal area of the several floors of a building and its accessory building (excluding those used for off-street parking). Floor area shall not include cellar space, stairways and any floor space with floor to ceiling height less than seven feet.
A detached or attached accessory building used only for the storage of private passenger vehicles owned or rented.
Any garage other than a private garage which is open to the public and used for the storage of motor vehicles.
A site used primarily for the retail sale of fuel from pump dispensers.
An occupation or activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit, which is clearly secondary to the use of the dwelling for living purposes, and for which there is no visible display of the services offered on the premises. Personal services such as hairdressing, massage and other services performed on the person or which involves clients coming to the house for the services offered shall not be considered home occupation uses.
A building designed for occupancy as the temporary residence of individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite.
All the persons who occupy a dwelling unit.
The use of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery or parts thereof, provided, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural and industrial use permitted in any zone. The term "junkyard" as herein defined includes automobile wrecking yards.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."
LOT DEPTHThe distance between the front and rear lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
LOT WIDTHThe distance between the two side lot lines measured at the required front setback line.
LOT AREAThe computed area contained within the lot lines.
Any subdivision not classified as minor subdivision.
Any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided, including ancillary facilities such as automobile parking; sanitary facilities; waterside fuel sales and dispensing; boat sales, rentals, repairs, maintenance and service, excluding, however, facilities for the construction of new boats.
A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the Municipal Land Use Law (N.J.S.A. 40:55D-28).
Any subdivision that results in fewer than three lots fronting on an existing street or road, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not to conflict with any provisions or portion of the Master Plan, Official Map, Zoning Ordinance amendment or amendments thereof.
A dwelling unit manufactured in one or more sections which can be transported after fabrication to a site where it is assembled or joined on a permanent foundation and connected to utilities for long-term occupancy.
A series of attached or semidetached dwelling structures, where each unit has convenient access to parking space for the use of the unit's occupants. The units, with the exception of the manager's or caretaker's, are designed to provide sleeping accommodations for automobile transients or overnight guests.
Any zone lot in single ownership, where the owner of such lot does not own any adjoining property, the subdivision of which could create one or more conforming lots which does not conform with the minimum area or dimensions required in the district where such lot is situated or for any special use, as the case may be.
A structure which in its design or location upon a lot does not conform to the regulations of this chapter for the district in which it is located.
Use of a building or of land that does not conform to the regulations of the district in which it is situated.
Not located on the property which is the subject of a development application nor a contiguous portion of a street or right-of-way.
A map adopted by ordinance pursuant to Article 5 of the Land Use Law (N.J.S.A. 40:55D-32 et seq.).
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
Any individual, firm, association, syndicate, co-partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
An open area, other than a street or other public way, used for the parking of automobiles, and available to the public whether for a fee, free or as an accommodation for clients or customers.
An open area for the same uses as a private garage, and regulated as a private garage.
Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.
An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or quasi-public uses all primarily for the benefit of the residential development.
The Planning Board of the Borough.
The map of a subdivision or site plan.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Municipal Clerk for Planning Board consideration and tentative approval and meeting the requirements of Section 6 of this Ordinance.
The office of a member of a recognized profession. When conducted in a residential district, a professional office shall be incidental to the residential use and shall be conducted by a member of the family occupying the residential building. Such uses shall include the offices of doctors or physicians, dentists, optometrists, ministers, landscape architects, professional engineers, lawyers and such other similar professional occupations which may be so designed by the Board of Adjustment. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.
RECREATION, COMMERCIALRecreation facilities operated as a business and open to the general public for a fee.
RECREATION, PRIVATE, NONCOMMERCIALClubs or recreation facilities, operated by a nonprofit organization and open only to bona fide members of such nonprofit organizations.
A self-propelled vehicular structure designed for temporary living for travel, recreation, vacation or other short-term use, which may contain cooking, sleeping and sanitary facilities; or
A mobile structure which may contain cooking and sleeping facilities used for travel, recreation, vacation or other short term use and designed to be attached to another vehicle for transporting from one location to another.
A church, temple, synagogue, mosque or other similar place of worship.
A street between two intersecting streets, upon which an R-District abuts, or where 50% or more of the abutting street frontage is in predominantly residential use.
A guest house or a furnished rooming house shall be deemed a boardinghouse.
A line within any lot, parallel to any street line, between which it and the street line no building or portion thereof may be erected except as provided in this chapter.
A name, identification, description, display or illustration which is affixed to, painted, or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.
However, "sign" shall not include any display of official court or public office notices, nor any official traffic control device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school or religious group. "Sign" shall not include a sign located completely within an enclosed building except for illuminated or animated signs within show windows. Each display surface of a sign shall be considered to be a "sign." |
Any sign on which the artificial light is not maintained constant in intensity or color at all times when such sign is in use.
The entire space within a single continuous perimeter enclosing the extreme limits of a sign, and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including, but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways;
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to law.
A map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Section 6 of this Ordinance.
That portion of a building, including between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided that any partial story shall not be used for residence purposes.
STORY, FIRSTThe lowest story or the ground story floor of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing state, county or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided by this act, or (4) which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major systems of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
The dividing line between the street and the lot (public right-of-way).
Any change in the supporting members of a building, such as walls, columns, beams or girders.
Anything constructed, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground, including stationary and portable carports.
Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other division of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created: (a) division of land found by the Planning Board or Technical Review Committee hereof appointed by the resulting parcels are five acres or larger in size; (b) divisions of property by testamentary or intestate provisions; (c) divisions of property upon court order; and (d) conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
A committee established to facilitate the review process of potential applicants and to assist the Unified Planning Board in their review of all applications for development or other requests presented to the Board as per Borough Code § 25-3-30.
A structure containing three or more dwelling units each separated by vertical interior unpierced common walls.
A structure that is towed or hauled by a vehicle in order to be transported, and is placed on a permanent or nonpermanent foundation that is used for living, sleeping, office or storage purposes. This definition shall not include fixed structures or modular homes.
The purpose for which land or a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained.
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building. The depth of the front yard shall be measured at right angles to the front line of the lot.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. The depth of the front yard shall be measured at right angles to the front line of the lot.
An open, unoccupied space between the side line of the lot and the nearest line to the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
An independent, quasi-judicial body, whose jurisdiction is found in N.J.S.A. 40:55D-70. The Zoning Board is exclusively responsible for the granting of all six types of "d" variances, including use variances. The Zoning Board also has the authority to hear bulk variances, also known as "c" variances, on applications that do not require a site plan or subdivision approval. Any improvement to a single family home that requires a variance must be heard by the Zoning Board of Adjustment. In addition to granting variances, the Zoning Board is the only agency that is permitted to hear appeals of rulings by the Zoning Officer, as well as interpretations of the Master Plan and the Zoning Ordinance.
The zoning map of the Borough of Keyport, New Jersey.
b.
Other words and terms defined. The definition of words and terms of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) are incorporated and made a part of this chapter.