[Ord. #579, A II; Ord. #596; Ord. #621; Ord. #627; Ord. #749; Ord. #755; Ord. #759; Ord. #825; Ord. #855; Ord. #892; New; Ord. #24-2013; Ord. No. 02-2016 § 1; Ord. No. 06-2017 § 2; Ord. No. 14-2017; Ord. No. 17-2017; Ord. No. 17-2018; Ord. No. 19-2018 § 2; Ord. No. 20-2018 § 1; 7-12-2024 by Ord. No. 17-2024]
For the purposes of this chapter, certain terms and words are herein defined as follows: The words "used for" include "designed for" and vice versa; words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; the word "building" includes the word "structure"; the word "dwelling" includes the word "residence"; the word "lot" includes the word "plot" or "parcel" and the word "shall" is mandatory and not discretionary. Any word or term not defined herein shall be given its ordinary meaning. Definitions of uses not permitted by this chapter are included and intended solely for the purpose of clarification.
ACCESSORY BUILDING OR USEShall mean a structure or building, the nature of which is related to, incidental to and subordinate to the principal use of the lot on which the accessory structure or building is located including but not limited to garage structures, permitted storage structures, mechanical equipment as referred to in Ordinance #855 (adopted 5-22-2002) and other permitted accessory structures.
ALTERATION, STRUCTURALShall mean any change in the supporting members of a building such as walls, columns, beams and girders which would materially affect the use of the structure.
APARTMENTShall mean a room or suite of connected rooms for occupancy as a single dwelling unit by one family in a building having two or more of such dwelling units.
BASEMENT OR CELLARShall mean a story having more than 50% of its height below finished grade.
BOARDING HOUSEShall mean any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guest house wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only, any foster home as defined in Section 1 of P.L. 1962, c. 137 (C.30:4C-26.1), any community residence for the developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (C.30:11B-2), any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students, any building arranged for single room occupancy wherein the units of dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the Department of Higher Education, and any facility or living arrangement operated by or under contract with, any State department or agency, upon the written authorization of the commissioner.
BUILDINGShall mean any structure with a permanent location and a roof supported by columns, posts or walls and intended for the shelter, housing or enclosing of persons, animals or property.
BUILDING COVERAGEShall mean the percentage of the lot area that is covered by the building area plus any porches and/or area within the outside dimensions of a covered or enclosed breezeway which may connect an otherwise detached garage. Calculations of building coverage may exclude area within the outside dimensions of an integral or attached garage that are uncovered by upper stories.
BUILDING LINEShall mean a line formed by the intersection of a horizontal plane at average grade level and a vertical plane that corresponds with the exterior surface of the building on any side and to any height. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface, however cornices, eaves, gutters, rakeboards and roof over-hangs are allowed to encroach into the yard but not to exceed 18 inches. All yard requirements are measured to the building line.
All applicable provisions of the New Jersey State BOCA are hereby adopted by reference regarding the setback of structural projections to a building such as chimneys and steps. If there is a conflict between BOCA and the ordinances of the Borough of Sea Girt the most restrictive shall apply.
BUILDING, AREAIs the maximum horizontal cross-sectional area of the principal building or structures excluding cornices, eaves, gutters, rakeboard or chimney not projecting more than 18 inches, and excluding any structure the height of which is 16 inches or less above natural elevation.
BUILDING, COMMUNITYShall mean a building for civic, social, educational, cultural and recreational activities of a neighborhood or community not operated primarily for monetary gain.
BUILDING, HEIGHT OFShall mean the vertical distance from the crown of the public roadway, either improved or unimproved, fronting any property to the top of the highest roof beam on a flat or shed roof, the deck level on a mansard roof and the highest ridge level for gable, hip and gambrel roofs. The maximum building heights permissible shall be 35 feet for any principal structure; and 16 feet for any garage or any accessory structures. Minimum roof pitch for all principal structures shall be 30 degrees and shall be 25 degrees for all accessory structures. Dormers on principle dwelling and mechanical platforms shall be exempt from the minimum roof pitch requirements. In the event that property does not front on an improved or unimproved public roadway, then the property's building height shall be taken at the nearest access point to an improved or unimproved public roadway. Any person obtaining a building permit to construct a structure within the Borough of Sea Girt shall obtain and submit to the Construction Official, at or before the time of the framing inspection, a certification from a licensed engineer, licensed architect or licensed surveyor indicating that the structure under construction does not violate this chapter; the person certifying shall provide the true and accurate measurement of the height of the structure so constructed at the time of framing.
CARPORTShall mean an attached accessory building designated for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns, with its building coverage measured by the vertical projection to the horizontal plane of the roof. See subsection
17-5.1.
CERTIFICATE OF OCCUPANCYShall mean a certificate issued by the Construction Official upon completion of the erection of a building or upon the completion of an erection, conversion or enlargement materially affecting the use of the building, wholly or in part, or upon a change in the use of a building which certifies that all requirements of this chapter or such adjustments thereof which have been granted by the Board of Adjustment and all other applicable requirements have been complied with.
DECKShall mean a wooden floor outside a house, usually with railings and without a roof installed over a pervious surface.
DISTRICTShall mean any part of the territory of the Borough to which certain uniform regulations and requirements of this chapter apply.
DORMERShall mean a projection from a sloping roof that contains a window which shall not exceed 10 feet in length measured along its long wall and is set back a minimum of two feet from the exterior vertical building wall beneath the dormer. An exception is made for a dormer that results from stairs on an outside wall, which is permitted to be flush with the exterior vertical building wall against which stairs are constructed.
DRIVEWAYShall mean a paved or unpaved surface not to exceed 14 feet in width running from the street to a garage or parking area located according to zoning regulations. There shall be no more than one driveway per lot. Where the driveway connects to a garage (either attached, detached or integrated), the driveway may be appropriately flared to ensure that access to and from the garage may be safely accommodated.
DRY WELLShall be defined by and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual Chapter 9.3 Standard for Dry Wells.
DWELLINGDWELLING APARTMENT BUILDING - Shall mean a multi-family building containing two or more dwelling units. |
DWELLING, MULTI-FAMILY - Shall mean a building containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other with their own cooking, sanitary and sleeping facilities. |
DWELLING, SEMI-DETACHED - Shall mean a two-family dwelling with one dwelling unit attached and located beside the other and separated therefrom by a part or common wall, whether or not that wall is a fire wall. |
DWELLING, SINGLE-FAMILY - Shall mean a building containing one dwelling unit only and occupied or intended to be occupied exclusively for residence purposes by one family. |
DWELLING, TWO-FAMILY - Shall mean a building containing two dwelling units only and intended for residential occupancy by two families each living independently of each other and each with its own separate sleeping, cooking and sanitary facilities. |
DWELLING UNIT - Shall mean a building or part thereof having cooking, sleeping, and sanitary facilities for one family. |
EFFICIENCY UNITShall mean a dwelling unit in an apartment house consisting of one large room with bath and cooking facilities separated from such room by a permanent wall or sliding doors.
FAMILYShall mean one or more persons, whether related or unrelated, constituting a bona fide housekeeping unit maintaining a common household or family type relationship on a permanent basis for an indefinite period of time limited to the number of persons that the residential premises may accommodate under applicable housing code provisions. This definition does not include any society, club, fraternity, sorority, association, lodge, or similar organization and any assembly of lodgers occupying rented rooms in a boarding house, rooming house, hotel, or other place of public accommodation. It does not include a group of persons who intend to live together temporarily.
FAST-FOOD RESTAURANTShall mean any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption, either within the restaurant building or for carry-out with consumption on or off the premises, and whose design or method of operation may include all or some of the following characteristics:
a. Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers.
b. A limited or specialized list of quickly prepared or pre-prepared food items, utilizing mechanized standardized preparation and packaging techniques, is offered for on and off the premises consumption.
c. Drive-in or outside ordering service via a separate drive-in lane, call box and delivery window.
FLOOR AREAFIRST FLOOR AREA - Shall mean and shall be measured by using the outside dimensions of the residential portion of the building and shall include the area within the outside dimensions of a covered or enclosed breezeway which may connect an otherwise detached garage. The similarly measured area of an integral or attached garage is excluded from the measurement of first floor area. For a split level or a tri-level dwelling, the area for calculating building coverage shall be the sum of the exterior bounded areas of adjoining levels. |
SECOND FLOOR AREA - Shall mean and shall be measured by using the outside dimensions of the building above the level of the ceiling of the first floor area. |
GARAGEGARAGE, PARKING - Shall mean a building, or part thereof, other than an accessory or repair garage used for the off-street storage of passenger vehicles free of charge or at hourly, daily or monthly rates and which may also include (a) servicing of the vehicles as an incidental use, but not the repair thereof, and (b) keeping any such vehicles for hire. |
GARAGE, PRIVATE - Shall mean a detached accessory building or portion of a main building primarily used for the parking or temporary storage of automobiles of the occupants of the main dwelling to which the garage is an accessory. |
GROSS FLOOR AREAShall mean the total square footage of all habitable floor levels and shall be determined by measuring the outside dimensions of the building at each floor level excluding an uncovered porch or patio. The area of an attached garage is excluded except in those cases where a habitable area of the second floor exists above the garage.
HABITABLE ROOM AREAShall mean the floor area within a residential structure to be used for habitation excluding cellars, attics, utility (heating and cooling) rooms and garages and open porches and, in apartment houses, excluding common hallways.
HOME OFFICEShall mean an office activity carried on for gain by a resident in a dwelling unit as an accessory use.
HOTELShall mean a building which (a) contains guest rooms, each having its only access from a central interior corridor which are designed or intended to be used, let, or hired out for compensation (b) contains a public lobby serving the guest rooms (c) may contain one or more dining rooms and (d) has a full-time on-site management.
IMPERVIOUS SURFACEIs any surface impenetrable by water but not limited to building and structures. Building and structures include, but are not limited to, buildings, structures, dwellings, accessory buildings, garages, storage sheds, tool sheds, recreational courts, including but not limited to tennis and basketball courts, pools, pool houses, cabanas, covered decks, patios, porches, driveways, walkways and all other areas covered by pavers or impervious materials. For purposes of this ordinance, porous pavers, porous concrete and asphalt shall be deemed to be an impervious surface.
IMPERVIOUS SURFACE COVERAGEIs the percentage of the lot area that is covered by impervious surface excluding building area and in-ground pools with coping on all four sides.
LOTLOT - Shall mean a tract or parcel of land, abutting a street, the area of which is sufficient to provide the yard spaces and minimum area requirements of this chapter. |
LOT, CORNER - Shall mean a lot at the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. Corner lots shall have a front, a rear and side yards. The front yard shall be the smaller of the two lot lines coexistent with the street line. The rear yard shall be the side opposite the front. The remaining sides shall be considered side lot lines. |
LOT, DEPTH - Shall mean the horizontal distance between the front and rear lot lines, measured from the midpoint of the front lot line to the midpoint of the rear lot line. |
LOT, INTERIOR - Shall mean a lot other than a corner lot. |
LOT LINE - Shall mean any line forming a portion of the exterior boundary of a lot. The "lot line" is the same as the street line for that portion of a lot abutting a street. "Lot lines" extend vertically in both directions from ground level. |
MOTELShall mean a building or group of buildings which (a) contains guest rooms each with outside entrances which are designed or intended to be used, let or hired out for compensation, (b) contains a public lobby serving the guest rooms, (c) may contain one or more dining rooms, and (d) has full-time, on-site management.
NONCONFORMING LOTShall mean a lot the area, dimension or location of which was lawful prior to the adoption of this or any prior zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption.
NONCONFORMING STRUCTUREShall mean a structure the size, dimension or location of which was lawful prior to the adoption of this or any prior zoning ordinance, but which fails to conform to the requirements of a zoning district in which it is located by reason of such adoption.
NONCONFORMING USEShall mean a use or act which was lawful prior to the adoption of this or any prior zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption.
ONE BEDROOM APARTMENTShall mean a dwelling unit in an apartment containing not more than one room designed, intended and devoted to sleeping purposes.
OPEN SPACEShall mean any undeveloped part of a lot which is designed to meet the side, rear or front yard requirements of this chapter, or an open area of potential development use for park, recreational, commercial, residential or industrial use.
PARKING AREA, PRIVATEShall mean a parking space, other than a street, for the parking of one or more motor vehicles.
PARKING AREA, PUBLICShall mean a space, not on a street, used for the parking of motor vehicles and available to clients or customers for a fee or free of charge.
PARKING SPACEShall mean an area not less than 10 feet wide by 20 feet in length either with a structure or in the open, exclusive of driveways, aisles or access drives, for the parking of a motor vehicle, except that nothing shall prohibit driveways for one-family dwellings from being considered one off-street parking space per residence, provided that no portion of such driveway within the right-of-way of the street's intersection shall be considered off-street parking spaces.
PERMITTED USEShall mean any use of the land or building as permitted by this chapter.
POOL, PORTABLEShall not be subject to the requirements of subsection
17-5.22 and shall mean those pools which are not otherwise permanently installed, do not require water filtration, circulation and purification, do not exceed two feet of water depth, and do not exceed a water surface area of 120 square feet.
PORCHShall mean a roofed entrance, piazza, or portico not more than one story in height. A front "porch" shall not be enclosed permanently or temporarily with any type of material nor shall there be any construction between the roof and the floor of the porch except for columns or posts necessary for the support of the roof or an open safety railing which present no more than a minimal obstruction to view provided, however, that an open wire mesh removable screening may be permitted during the period of May 1 through October 31 of each year. Porches shall be considered part of the principal building for the purpose of calculating building coverage. Porches shall not be considered habitable floor area.
RESTAURANTShall mean any establishment, however designated, where food is sold for consumption on the premises excluding, however, a snack bar or refreshment stand on property owned by the Borough or the Board of Education.
RIGHT-OF-WAYShall mean the land and space required on the surface, subsurface and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery and the proper amount of light and air.
SCHOOLSShall mean institutions for the purpose of general academic instruction and accredited by the New Jersey Department of Education not operated for profit.
SERVICE STATIONShall mean land and building designed or used for the sale of fuel, lubricants or automotive accessories or providing maintenance and minor repairs for motor vehicles, but not including body repairs or, under any circumstances, the storage of inoperable or wrecked vehicles. See subsection
17-5.20.
SETBACK LINEShall mean a line drawn to a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" shall mean a line that is established a minimum distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend in order to provide the required yards, except as provided in subsection
17-6.2.
The natural configuration and elevation of the center of the front setback line shall mean the elevation above sea level noted by New Jersey licensed engineer's or surveyor's report on the survey as measured before the undeveloped lot surface has been altered, or the elevation at this point on a lot with an existing building. See subsection
17-6.2 and
17-7.1.
SIGN AND/OR ADVERTISING STRUCTUREShall mean and include every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign, temporary sign, awning, banner or canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or product or anything that calls attention to the building in question when the same is placed out of doors in view of the general public.
STORYSTORY - Shall mean that part of any building where the height between the floor of one level and the floor or roof next above it exceeds seven feet six inches, provided, that wherever the height exceeds 14 feet it shall be considered two stories, and provided further that at least 50% of the height of the story is above finished grade along the front of the building. A basement or cellar shall not be considered a story. |
HALF STORY - Shall be defined as attic space above or second story which shall have a pitched roof to begin within 12 inches of the ceiling joists line of the story below. Such attic space shall have a minimum vertical wall of five feet including deck and balcony space not to exceed 50% of the second story living space in the case of a 2 1/2 story structure. All applications for review where a half story is proposed, there shall be a delineation line showing where the five (5) foot ceiling height is located. Chimneys shall not be elevated more than three feet above the established ridge height. Decorative structures such as, but not limited to, railings, widow walks, parapets, etc., are not allowed to be more than an additional two feet above the established ridge height. Dormers attached to half-stories must meet the setback requirements included in the definition of dormers. |
STREETShall mean a right-of-way which is open to public travel which has been dedicated to the State of New Jersey, County of Monmouth or the Borough for public use. The street shall include the paved traversable portion of the roadway, drains, curbs, gutters, sidewalks and other improvements or land within the total right-of-way width incidental to the improvements and maintenance of such street.
STREET LINEShall mean the dividing line between the street right-of-way and a lot.
STRUCTUREShall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land; a principal structure shall be a structure used to facilitate or otherwise carry on the principal use of the lot on which the principal structure is located. (See subsection
17-5.15, Principal Structure; Principal Use.)
TOWN HOUSEShall mean one single family unit in a line of three or more connected dwellings whether or not each dwelling unit is separated by a fire wall or whether it is a line of connected semi-detached units. Each single family unit may have one or two stories, but nothing in this definition shall be construed to allow one dwelling unit above another.
TRAILERShall mean a vehicle or residence on wheels, skids or rollers without motor power, designed to be used for human habitation or for carrying persons or property, including a trailer coach or house trailer.
USEUSE, ACCESSORY - Shall mean a use which is customarily associated with and subordinate or incidental to the principal use of a lot or building, both of which are located on the same lot. |
USE, PRINCIPAL - Shall mean the specific purpose for which a parcel of land or a building or portion of a building is designed, arranged, intended, occupied or maintained. See subsection 17-5.15. |
VARIANCEShall mean a departure from the terms of this chapter authorized by the Board of Adjustment or the governing body, as the case may be, in accordance with State statutes.
WELLSa. Basement Stairway are permitted in the rear yard only when the height of which is 16 inches or less above natural elevation.
b. Window Wells are permitted in the front, rear and side yards only when the following conditions are met, to wit:
1. the height of the window wells must be 16 inches or less above the natural elevation; and
2. no window well may be installed in an area designated as a required setback.
YARDYARD, FRONT - Shall mean an open space, extending across the full width of the lot and lying between the street line and the front building line. (The depth of the front yard shall be measured horizontally at right angles from the street line, or radially on a curved street, to the front building line.) |
YARD, REAR - Shall mean an open space extending the full width of the lot and lying between the rear building line and the rear lot line. (The depth of the rear yard shall be the mean distance from the rear lot line or its vertical projection to the part of the rear building line that is nearest thereto at any story level, and shall be measured at right angles to the rear lot line.) |
YARD, SIDE - Shall mean an open, unoccupied space between the side line of the lot and the nearest wall of the building or structure and extending from the front yard to the rear yard. The width of a side yard shall be measured at right angles to the side line of the lot. |