Lavallette City Zoning Code
ARTICLE V
Residence District A 1
§ 90-21 Location.
[Amended 12-20-2010 by Ord. No. 2010-17 (1089)]
The Residence District A shall comprise all lands located in the Borough of Lavallette not included in the B-1 Business District, B-2 Downtown Business District, Residence District B, Residence District C, or Residence District D.
§ 90-22 Permitted principal uses and buildings.
[Amended 7-5-1985 by Ord. No. 577; 12-16-1987 by Ord. No. 631; 12-20-2010 by Ord. No. 2010-17 (1089)]
In Residence District A, no building, structure or premises shall be used and no building or structure or alteration, enlargement or extension of the same shall be constructed unless designed, arranged and intended to be used exclusively for a single-family dwelling. A single-family dwelling shall contain only one kitchen. A "kitchen" is defined as a room having a sink and stove or other cooking facilities that may not be located in any other room. Structures to provide outdoor cooking facilities containing a grill, sink and/or refrigerator are permitted but must abide by all applicable dwelling setback and bulk requirements. Said outdoor cooking structure shall not be enclosed on any more than two (half) of its sides, and may include a roof or other overhead enclosure.
§ 90-23 Permitted accessory uses and buildings.
§ 90-24 Area, yard and building requirements.
[Amended 9-6-1985 by Ord. No. 852; 12-16-1987 by Ord. No. 631]
Area, yard and building requirements shall be as specified for this zone in the Schedule of Area, Yard and Building Requirements annexed to and made a part hereof,[1] subject to the following additional regulations:
A.
Setback requirements.
[Amended 12-20-2010 by Ord. No. 2010-17 (1089); 11-19-2012 by Ord. No. 2012-12 (1111)]
(1)
No dwelling shall be erected within Residence District A unless the front yard or setback of said building from the property line is at least 15 feet; the side setback is at least five feet from one side and at least 10 feet from the other side property line; and the rear setback is at least 20 feet from the rear property line, exclusive of any riparian grants, except for a lot bordering upon the water, in which case the rear setback shall be at least 20 feet from the property line or bulkhead line, whichever is closer to the street which runs parallel to the water.
(2)
For all oceanfront properties within Residential District A, no building shall be built, constructed or placed on any parcel in this area in such a manner that it or any part thereof shall be on any part of the most easterly 30 feet of the parcel or lot, which shall be considered the front yard; the side setback is at least five feet from one side and at least 10 feet from the other side. For corner lots that border on the oceanfront, the ten-foot side setback shall be the side that borders the adjacent street. The rear setback is 20 feet from the rear property line.
(3)
For all undersized parcels within Residential District A bordering on the east side of State Highway Route 35 southbound, no dwelling shall be built, constructed or placed unless the front yard or setback of said building from the property line is at least 15 feet; the side setback is at least five feet from one side and at least five feet from the other side property line; and the rear setback is at least 20 feet from the rear property line.
[Added 12-22-2014 by Ord. No. 2014-10 (1135)]
B.
Garages.
(1)
An unattached private garage shall have minimum side and rear yards of three feet. The eaves of the garage shall not protrude by more than one foot from the side of the building. An unattached garage shall be at least 10 feet from any other building on the lot and shall have a minimum floor area of 200 square feet. with a minimum width of 10 feet.
(2)
No detached garage shall have any exterior wall extending above the first story except for those on the gambrel end. A detached garage shall have a minimum roof pitch of four inches per foot and a maximum roof pitch of eight inches per foot; provided, however, that a gambrel roof may be constructed above a garage if said gambrel roof is no higher than 18 feet above the average level of the curb at the front property line.
(3)
A detached garage shall have both a garage door for vehicles and a separate entry door. A detached garage may not have rooftop windows or windows in the gambrel ends.
(4)
Vehicle access to the garage from the street shall be required and maintained.
[Added 8-22-2011 by Ord. No. 2011-05 (1095)]
C.
Height.
[Amended 9-11-2006 by Ord. No. 2006-21 (1009)]
(1)
The maximum building height shall be 2 1/2 stories or 30 feet, whichever is less, and shall contain no more than two floors, over each other, of living area. That half story of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls shall not be more than two feet above the floor and shall have a ridge height of six feet or less. The half story above the two floors of living space shall only be used as storage space or to house mechanical equipment, such as heat or air conditioning. If a garage is to be a part of the house, there shall be no more than 1 1/2 stories above the garage. A detached private garage shall not exceed 18 feet in height.
(2)
The height of a building shall be measured from the top of the curb at the center of the front of the building on which the main entrance is located. If there is no curb in front of the building, the building height shall be measured from the height of the crown of the center of the road at the center of the front of the building on which the main entrance is located. For oceanfront properties, building height shall be measured from the average height of the municipal boardwalk in front of the property; for oceanfront lots where there is no boardwalk, the height of buildings or structures shall be measured from an elevation equivalent to the mean elevation of the curbs on the nearest improved street to the subject premises and the next nearest improved street of those streets running parallel to the nearest improved street.
(3)
The maximum building height of the habitable portions of the following buildings shall be 2 1/2 stories or 28 feet, whichever is less, measured from the top of the sill plate for Zone-A-type construction to the highest point of the building; and from the top of the lowest horizontal structural member for V-type construction to the highest point of the building. Buildings shall contain no more than two floors, over each other, of living area. That half story of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls shall not be more than two feet above the floor and shall have a ridge height of six feet or less. The half story above the two floors of living space shall only be used as storage space or to house mechanical equipment, such as heat or air conditioning. Attached garages are permissible but shall not be used or considered as living area. A detached private garage shall not exceed 18 feet in height measured from the top of the curb at the center of the front of the building on which the main entrance is located. If there is no curb in front of the building, the height of the detached garage shall be measured from the height of the crown of the center of the road at the center of the front of the building on which the main entrance is located. For oceanfront properties, the height of the detached garage shall be measured from the average height of the municipal boardwalk in front of the property; for oceanfront lots where there is no boardwalk, the height of the detached garage shall be measured from an elevation equivalent to the mean elevation of the curbs on the nearest improved street to the subject detached garage and the next nearest improved street of those streets running parallel to the nearest improved street.
[Added 2-19-2013 by Ord. No. 2013-03 (1118); amended 10-7-2013 by Ord. No. 2013-09 (1124)]
(b)
For buildings which are repaired or reconstructed after the effective date of this section as a result of damage of any origin sustained by a building whereby the cost of restoring the building to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred and which buildings are constructed or reconstructed so as to comply with any minimum base flood elevation as established by the Federal Emergency Management Agency or as established in Chapter 31, whichever is more restrictive;
(c)
For new construction or reconstruction for which a permit is issued after the effective date of this section and which new construction or reconstruction is constructed so as to comply with any minimum base flood elevation as established by the Federal Emergency Management Agency or as established in Chapter 31, whichever is more restrictive.
(4)
Any building which is built, elevated or reconstructed after the effective date of this section in order to meet or exceed a minimum base flood elevation level and which is located on any lot in an “A” Advisory Base Flood Elevation Area established by the Federal Emergency Management Agency may include up to two feet of freeboard between the minimum base flood elevation and the finished floor of the lowest habitable area of any building. In the event that additional freeboard over two feet is added to the structure to meet or exceed such minimum base flood elevation level, then such additional freeboard over two feet shall be deducted from the habitable area of the building measured from the top of the sill plate for Zone-A-type construction to the highest point of the building.
[Added 2-19-2013 by Ord. No. 2013-03 (1118)]
(5)
No building listed in § 90-24C(3)(a) through (c) built, elevated or reconstructed after the effective date of this ordinance and which is located on any lot in a “V” Advisory Base Flood Elevation Area established by the Federal Emergency Management Agency shall be permitted to include any freeboard between the minimum base flood elevation and lowest horizontal structural member unless such additional freeboard shall be deducted from the habitable area of the building measured from the top of the lowest horizontal structural member to the highest point of the building.
[Added 2-19-2013 by Ord. No. 2013-03 (1118)]
D.
Maximum lot coverage.
[Amended 9-24-2007 by Ord. No. 2007-11 (1022)]
(1)
For purposes of this article, the primary lot coverage in all residential districts shall be called structure coverage and shall consist of all building areas and permanent structure areas that exist at 18 inches or above, measured from the top of the curb at the midpoint of the front property line. On properties where there is no curb, the height of any buildings or structures shall be measured from the center line or crown of the road. For oceanfront properties, the height shall be measured from the average height of the boardwalk in front of the property; for oceanfront lots where there is no boardwalk, the height of buildings or structures shall be measured from an elevation equivalent to the mean elevation of the curbs on the nearest improved street to the subject premises. The structure coverage of all building areas and structure areas on a property shall not exceed 37% of the area of the lot.
(2)
There shall also be a secondary lot coverage that shall be called ground coverage and shall include all impervious material below 18 inches above the adjacent grade. Ground coverage shall include the combination of all walkways, driveways, patios, pavers, or similar structures at ground level or up to 18 inches above the adjacent grade. Ground coverage shall not include the area occupied by any private in-ground swimming pool or in-ground hot tub. Where pavers are installed, an environmentally beneficial pavement design to reduce stormwater runoff through infiltration, such as UNI Eco-Stone® or similar products, shall be used. Waterproof grout or waterproof sand in conjunction with the installation of pavers shall be prohibited.
[Amended 12-4-2017 by Ord. No. 2017-18(1178)]
(3)
Property owners may choose to reduce the structure coverage to increase the ground coverage, but the total coverage shall not exceed 57% nor shall structure coverage exceed 37%.
(4)
For elevated buildings as defined in § 31-5 elevated after the effective date of this section; buildings which are repaired or reconstructed after the effective date of this section as a result of damage of any origin sustained by a building whereby the cost of restoring the building to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred, and which buildings are constructed or reconstructed so as to comply with any minimum base flood elevation applicable to the particular lot; or, for new construction or reconstruction for which a permit is issued after the effective date of this section, and which new construction or reconstruction is constructed so as to comply with any minimum base flood elevation applicable to the particular lot, primary lot coverage shall be increased to 38% in order to accommodate additional steps which may be required to meet minimum code requirements for ingress and egress. All other applicable provisions provided in § 90-24D(1) and (2) shall apply. Property owners may choose to reduce the structure coverage to increase the ground coverage, but the total coverage shall not exceed 57% nor shall structure coverage exceed 38%.
[Added 2-19-2013 by Ord. No. 2013-03 (1118)]
E.
No building overhang shall extend into the required side or rear yard setback areas by more than two feet or into the required front yard setback by more than one foot. Steps above the ground level shall be at least five feet from the side property line.
[Amended 10-20-2008 by Ord. No. 2008-24 (1051)]
F.
A building erected on a corner lot, with the exception of those properties located on N.J. Route 35 South and along the oceanfront, shall be required to have a minimum front yard setback from each street frontage in compliance with the requirements for this zone. The interior property lines for such corner lot shall be considered sidelines for the purpose of compliance with the sideline requirements of this zone. In the interpretation of the front, side and rear yards in a corner lot, the lesser dimension of such lot shall be considered as the frontage of the lot, and the greater dimension of such lot as the depth of the lot. The setback requirements for lots located along Route 35 South shall be the same as all other lots located in Residential Zone A.
[Amended 12-1-2003 by Ord. No. 2003-13 (929); 12-8-2008 by Ord. No. 2008-22 (1050); 11-19-2012 by Ord. No. 2012-12 (1111)]
G.
Curbs. No curb cut shall exceed 12 feet in width at the curbline, except that a curb cut of up to 20 feet in width at the curbline shall be permitted at those premises on which a two-car garage is located if the front wall of the garage is set back not more than 35 feet from the curb adjacent to the premises. No more than one curb cut shall be allowed for each building lot.
H.
Front-yard porches or decks.
[Amended 7-9-2012 by Ord. No. 2012-10 (1109); 11-19-2012 by Ord. No. 2012-12 (1111)]
(1)
For all properties boarding on the oceanfront: An open porch or deck is permitted with a setback of at least 20 feet from the front property line provided that it meets with the following requirements:
(a)
The open porch or deck shall be attached to the front wall of the first and/or second floors.
(b)
Steps leading to the open porch or deck may extend no closer than 15 feet from the front property line and shall not extend beyond the side yard setbacks.
(c)
Exterior steps leading from a first-floor open porch or deck to a second-floor open porch or deck are permitted but shall not extend beyond the front or side yard setbacks.
(d)
Guards, when used or required, shall have a maximum height of 42 inches measured vertically above the walking surface. Guards on the open sides of stairs shall have a height not less than 30 inches measured vertically from a line connecting the leading edges of the treads. Where the top of the guard also serves as a handrail on the open sides of stairs, the top of the guard shall not be less than 30 inches and not more than 38 inches measured vertically from a line connecting the leading edges of the treads.
(e)
In order to provide for maximum view, light and the free flow of air, all guards shall have openings no less than three inches in width. Balusters or spindles used in connection with the construction of the guard shall be vertically placed and be no more than two inches in width or diameter. Pergolas or other decorative structures included as part of the construction of an open porch or deck are prohibited.
(f)
Roofs are not permitted above either the first- and/or second-floor open porch or deck.
(2)
For all other properties: A porch, open or closed, may be erected with a setback of at least seven feet from the front property line provided that it meets with the following requirements:
(a)
The bulkhead or kneewall shall not exceed 36 inches in height.
(b)
The total area of doors or openings between the porch and the main wall of the building shall not exceed six feet in width.
(c)
The front landing leading to the porch area shall have a maximum width of six feet and shall be centered on the door or constructed on the front of the house. The landing shall be set back at least three feet from the property line at the front of the premises. The steps leading to the landing may extend to the front property line.
(d)
If a roof is constructed above a porch, the following regulations shall apply:
I.
No building shall be erected on any lot within Residence District A unless such lot shall have a minimum average lot width of 50 feet and a minimum lot depth of 100 feet. For the purposes of this subsection, average lot widths shall be determined by taking the distance between the side lot lines measured at the front building line. Building on an undersized lot, a lot that does not meet the required lot width and/or lot depth as provided above, must comply with all provisions contained in this article and § 90-84.
[Amended 12-20-2010 by Ord. No. 2010-17 (1089); 12-22-2014 by Ord. No. 2014-10 (1135)]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included as an attachment to this chapter.
§ 90-25 Signs.
A.
Accessory uses shall not include billboards or other advertising signs, except that the following shall be permitted:
(1)
Real estate signs advertising as for sale or rent the property upon which they are displayed.
(2)
Signs customarily incident to the use to which the buildings are lawfully put.
(3)
Signs advertising contractors, architects, builders, artisans, or other trades.
[Added 9-18-2017 by Ord. No. 2017-17(1177)]
(a)
One temporary, unlighted sign advertising the contractor, architect, builder, artisan, or other trade may be permitted on a vacant or improved lot, in addition to one sign temporarily advertising the sale, rental, or lease of property, or portion of the property, subject to the terms of this section.
(b)
Unlighted signs advertising contractors, architects, builders, artisans, or other trades shall be permitted on a lot actively under construction. Such signs shall be removed immediately upon completion of the work.
B.
In no event shall more than two signs be erected on any one lot. No sign shall exceed 432 square inches in size.
§ 90-26 Steps and patios.
§ 90-27 (Reserved) [1]
[1]
Editor's Note: Former § 90-27, Lot coverage, as amended, was repealed 9-24-2007 by Ord. No. 2007-11 (1022).
§ 90-28 (Reserved) [1]
[1]
Editor's Note: Former § 90-28, Corner lots, was repealed 12-1-2003 by Ord. No. 2003-13 (929).
§ 90-29 Parking facilities.
[Amended 7-5-1985 by Ord. No. 577; 9-6-1985 by Ord. No. 582]
A lot improved with a single-family residential dwelling shall have provided thereon indoor or outdoor parking facilities for at least two cars, together with an appropriate driveway for access thereto.
§ 90-30 Curbs.
No curb cut shall exceed 12 feet in width at the curbline, except that a curb cut of up to 20 feet in width at the curbline shall be permitted at those premises on which a two-car garage is located if the front wall of the garage is set back not more than 35 feet from the curb adjacent to the premises. No more than one curb cut shall be allowed for each building lot.
§ 90-31 (Reserved) [1]
[1]
Editor’s Note: Former § 90-31, Staircases, was repealed 12-20-2010 by Ord. No. 2010-17 (1089).
§ 90-32 Construction or alteration on nonconforming lots.
[Amended 2-19-2013 by Ord. No. 2013-03 (1118)]
A.
On any nonconforming undersized lot existing as of the date of the adoption of this chapter, the construction, erection, alteration or expansion of any building that is a permitted use shall be permitted, provided that after such construction, erection, alteration or expansion the total lot coverage of all buildings on said lot shall not exceed 37%, and further provided that such construction, erection, alteration or expansion complies with all other provisions of the Zoning Ordinance and Building Code.[1]
B.
On any nonconforming undersized lot existing as of the date of the adoption of this chapter, for elevated buildings as defined in § 31-5 elevated after the effective date of this section; buildings which are repaired or reconstructed after the effective date of this section as a result of damage of any origin sustained by a building whereby the cost of restoring the building to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred, and which buildings are constructed or reconstructed so as to comply with any minimum base flood elevation applicable to the particular lot; or, for new construction or reconstruction for which a permit is issued after the effective date of this section, and which new construction or reconstruction is constructed so as to comply with any minimum base flood elevation applicable to the particular lot, primary lot coverage shall be increased to 38% in order to accommodate additional steps which may be required to meet minimum code requirements for ingress and egress.
§ 90-33 Permitted modifications and exceptions.
[Amended 12-5-1980 by Ord. No. 490; 6-5-1987 by Ord. No. 626]
If any structure existing as of the date of the adoption of this chapter violates setback or height requirements and proposed new additions or alterations do not create new or extend or increase any existing zoning or setback violations, such additions or alterations shall be permitted to be made without the necessity of obtaining a variance, provided that the following conditions are met: