[Amended 8-20-1990 by Ord. No. 1095; 5-2-1991 by Ord. No. 1104; 9-3-1998 by Ord. No. 1230; 5-11-2005 by Ord. No. 1363; 5-24-2006 by Ord. No. 1388; 9-1-2009 by Ord. No. 1488]
Any word or term not defined shall be used with a meaning of standard usage for the context in which the word is used, except those words and terms defined in the Municipal Land Use Law, as amended, shall be used in this chapter as if included in this chapter.
ACCESSORY USE OR BUILDINGA subordinate use or building incidental to the principal use or building on the same lot. An accessory use or building may not be attached to the principal dwelling.
ADMINISTRATIVE OFFICERThe Secretary of the Borough of Seaside Park Planning Board for applications under the jurisdiction of the Planning Board, or the Secretary of the Borough of Seaside Park Planning Board for applications under the jurisdiction of the Planning Board, unless a different municipal official is designated by this chapter to administer certain responsibilities and authorities specified for the administrative officer in N.J.S.A. 40:55D-1 et seq.
[Amended 12-27-2012 by Ord. No. 1613]
ADVERSE EFFECTDesigns, situations, or existing features creating or leading to unsafe, unsatisfactory or noncomplying conditions such as a layout inconsistent with the zoning regulations; insufficient off-street parking; inadequate utilities, such as water, drainage, shade trees, and sewerage; infringement upon land subject to flooding and not in compliance with the floodplain regulations of this chapter; and the creation of conditions leading to soil erosion by wind or water from excavation or grading; all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this chapter.
APARTMENTA dwelling unit in a building having two or more dwelling units.
APPLICATION FOR DEVELOPMENTThe application or appeal forms and all accompanying documents required by this chapter for the approval of a subdivision plat; site plan, conditional use, zoning variance or direction for the issuance of a permit pursuant to the requisite statutes.
APPROVING AUTHORITYThe Planning Board unless a different agency is designated in this chapter pursuant to the Municipal Land Use Law such as the Planning Board under certain variances and the court for certain exempt subdivisions.
[Amended 12-27-2012 by Ord. No. 1613]
AUTOMOBILE SERVICE STATIONLand and building providing for the sale of fuel, lubricants and automotive accessories and for maintenance and minor repairs for motor vehicles, excluding body repairs and the storage of inoperable and wrecked vehicles.
BASE FLOODThe flood having a one-percent chance of being equaled or exceeded in any given year.
BEACH CLUBA membership establishment, not available for use by the general public, providing for recreational and social activities related to and in close proximity to the beach.
[Added 12-8-2016 by Ord. No. 1718]
BEDROOMA private room planned and intended for sleeping, containing a closet, separated from other rooms by a door, and accessible to a bathroom without crossing through another bedroom.
BREAKAWAY WALLAny type wall which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which it is used or any buildings to which it might be carried by floodwaters.
BUILDINGAny structure or extension thereof or addition thereto consisting of a combination of materials to form a construction having a roof, supported by such things as columns, posts, piers or walls and adapted to permanent, temporary, or continuous occupancy intended for the shelter, business, housing or enclosing of persons, animals or property.
BUILDING COVERAGEThe area of a lot covered by buildings measured around the periphery of the further most projection of the exterior walls.
BUILDING HEIGHTThe vertical distance to the highest point of the building measured from the elevation of the top of the curbline along the front of the lot.
CERTIFICATE OF OCCUPANCYThe permit required prior to occupancy or use of any building or lot to verify that the use and structure comply with the applicable ordinances of the Borough.
CHANGE OF USEThose instances where an existing or new occupant moves into a building or unto a lot and uses the building or lot for a purpose other than the existing use.
COASTAL HIGH HAZARD AREAThe area subject to high-velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on the Flood Insurance Rate Map as Zone VI-30.
COMMON PROPERTYLand or water, or a combination, together with improvements within or related to a development and designed and intended for the use or enjoyment of residents of the development. Common property includes common open space and may contain such complementary structures and improvements as are necessary and appropriate for its use or enjoyment. Water area shall not be included in calculating the number of permitted units.
COMPLETE APPLICATIONSubmission of an application form and checklist, completed by the applicant, together with all accompanying documents required by this chapter for review by the approving authority.
DECKAn exterior floor system supported on a least two opposing sides by an adjoining structure and/or post piers or other independent supports.
DENSITYThe permitted number of dwelling units per gross acre of land developed, or in the case of hotels and motels, density shall mean the permitted number of rooms per square feet of land area. Land area shall not include any portion of a street right-of-way, utility easement, or water surface area. In calculating the permitted number of units for a tract, fractional results shall be rounded to the nearest whole number, e.g., 0.499 or less shall be reduced while 0.50 or more shall be increased.
DWELLING, SINGLE-FAMILYA detached building containing one dwelling unit. A boat or houseboat is not considered a dwelling.
DWELLING UNITA room or series of rooms containing living, cooking, sleeping and sanitary facilities.
FISHING CLUBAreas reserved for public or private fishing, and accessory buildings in support of those activities.
[Added 12-8-2016 by Ord. No. 1718]
GARAGE, DETACHED (SINGLE- AND TWO-FAMILY)A structure not more than 16 feet in height nor greater than 576 square feet, that is accessory to a single or two-family dwelling that is used for the parking and storage of vehicles owned and operated by the residents thereof for personal use, and is not a separated commercial enterprise available to the general public.
GROSS FLOOR AREAThe total floor area measured around the outside of the building at each story. If sharing a common wall, the area shall be measured from the center of the interior walls and the outside of the exterior walls.
HABITABLE SPACEAny space usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A space used only for storage purposes is not habitable space.
HALF STORYA space under a sloping roof that has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with headroom of five feet or less occupies at least 40% of the total floor area of the story directly beneath.
IMPERVIOUS MATERIALAny man-made material, including but not limited to bituminous concrete, portland cement concrete, asphaltic, metal or wood roofing, sheet plastic, concrete paver blocks and/or natural materials, including but not limited to clay, slate, and wood, which due to placement prevents the natural absorption and percolation of precipitation and or water from other sources into the ground and soil. Sheet plastic laid below stone, wood mulch or other normally pervious materials shall be considered impervious. The use of pervious geotextile fabrics that permit the absorption and percolation of water through them to the surrounding soils shall not be deemed impervious. For purposes of this chapter, the surface area of decks constructed with wood or composite decking planks spaced a minimum of 1/4 inch apart and open to exposed soils below same shall not be considered impervious area.
[Amended 8-26-2021 by Ord. No. 2021-20]
LOADING SPACEAn off-street berth on the same lot as the building being served for the temporary parking of a vehicle while loading or unloading.
LOTA 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 AREAThe total area within the lot lines of a lot, excluding any street rights-of-way.
LOT, CORNEROn corner lots, the setback from both streets (or from all three streets if the lot extends through the block to the next street) shall be considered a front yard. The remaining setbacks shall be considered side yards and dealt with under the definition of "yard, side" and not "yard, rear."
LOT COVERAGEThe area of a lot covered by buildings and impervious material.
LOT DEPTHThe average distance measured from the front lot line to the rear lot line generally parallel to the side lot line. In the case of a corner lot, the lot depth will be measured from each front lot line. One may be 50% of the required lot depth.
LOT FRONTAGEThe shortest, straight, horizontal distance between the side lot lines measured between the points where the side lot lines intersect the street line. The minimum lot frontage shall be the same as the lot width except that on curved streets with an outside radius of less than 500 feet, the lot frontage may be reduced to not less than 75% of the required minimum lot width.
LOT LINEAny line, including the street line, forming a portion of the boundary of a lot.
LOT WIDTHThe shortest, straight line distance between side lot lines measured between the points on each side lot line located at the minimum setback from the street right-of-way.
MAJOR SUBDIVISIONAny subdivision not classified as a "minor" or "exempt" subdivision, or by virtue of §
200-22 is exempt.
MARINAA facility for the storing, berthing and securing of boats.
MINOR SUBDIVISION (see also "SUBDIVISION, EXEMPT")A. A subdivision of land that does not adversely affect the development of the remainder of the tract or any adjoining property, including a resubdivision of property into the same number of lots through an adjustment of existing property lines, provided the subdivision or resubdivision does not involve:
(1) The creation of more than two conforming lots fronting on an existing improved street (including, the remainder of the original lot);
(4) Extension of any off-tract improvement, the cost of which is to be prorated pursuant to §
200-47.
B. Approval of a minor subdivision shall be deemed final approval and as such shall be prepared in accordance with the final plat requirements.
NONCONFORMING LOT, STRUCTURE OR USEA lot or structure, whose area or size, respectively, or their dimensions or locations, and a use or activity, any or all of which were lawful prior to the adoption of this chapter or any of its amendments, and does not now conform to the requirements of the zone in which it is located.
OFFICEA place for the transaction of business where reports are prepared and records kept but where no retail sales of goods are offered and where no manufacturing, assembling or fabricating takes place.
OFF-SITE AND OFF-TRACT IMPROVEMENTSImprovements to accommodate conditions generated by the proposed development, including but not limited to new improvements and extensions and modifications of existing improvements. "Off-site" means 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. "Off-tract" means not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
OVERHANG, UNSUPPORTEDA portion of roof or wall that extends beyond the facade of a structure. An unsupported overhang shall not protrude more than 24 inches beyond the building facade. No component of the overhang shall be located at an elevation lower than the top of the first floor. Unsupported overhangs shall not be utilized as habitable space or storage.
PARKING SPACEThe off-street area measuring not less than nine feet in width and 18 feet in length required for the parking of a motor vehicle
PERFORMANCE GUARANTEEAny security which may be accepted by the Borough, including cash, provided that the Borough shall not require more than 10% of the total performance guarantee in cash.
PERMITTED USEAny use of land or buildings permitted by this chapter.
PLACE(S) OF WORSHIPA building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this chapter, "place of worship" includes, but is not limited to, churches, chapels, congregations, cathedrals, synagogues, temples, mosques as well as parish houses, convents, and such accessory uses.
[Added 12-8-2016 by Ord. No. 1718]
PLATThe map(s) of a subdivision or site plan.
PLAT, FINALThe plat of all or a section of the development submitted for final approval. If approved as a subdivision, it shall be filed with the County Recording Officer within the required time, otherwise the approval shall be void. Minor and exempt subdivision and site plan approval shall be deemed final approval and the plats shall be submitted to comply with final plat requirements.
PLAT, PRELIMINARYThe plat submitted as part of the application for preliminary approval.
PROFESSIONAL OFFICEThe office of a person who is authorized by law to practice a recognized profession whose practice is regulated by law and the performance of which requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. "Professional office" shall include, but not be limited to, offices, such as the office of an accountant, architect, dentist, engineer, insurance agent, lawyer, physician, real estate broker, and surgeon.
RECREATIONAL VEHICLEA trailer, camper, van, motorized vehicle or other type of vehicle designed to be towed or to be powered by its own engine and designed and intended for temporary occupancy.
RESTAURANTA commercial establishment where food and drink are prepared, served and consumed. Restaurant uses may also provide limited and incidental music and entertainment. As used in this chapter, a "restaurant" also includes a fast food restaurant.
RIGHT-OF-WAYThe total width and length of the course of a street, watercourse, utility alignment, or other way and within, under or over which all improvements and rights of access are confined.
ROOMThe area in a hotel, motel, rooming house or boardinghouse which is separated from other areas by walls, and is space used for temporary, meaning a period of time not to exceed 14 days, living quarters by transient guests, meaning individuals who have established permanent residency elsewhere, in which there are associated sanitary facilities and closet area but in which there shall be no cooking facilities and no eating areas.
SAND DUNESNaturally occurring accumulations of sand ridges or mounds landward of the beach.
SETBACKThe horizontal distance away from a lot line or street right-of-way.
SETBACK LINEA line parallel to a street line or lot line beyond which any part of a structure is not permitted to project. The minimum yard requirements shall be the minimum required setbacks.
SHEDAn accessory structure or building, not more than 10 feet in height and not greater than 100 square feet, used exclusively for storage purposes.
SIGHT TRIANGLEA triangular area at the quadrants of street intersections where unobstructed visibility is maintained along the intersecting streets.
SIGNAny announcement, display, or illustration placed to be seen from any street or public way.
SITE PLAN APPROVALA requirement that the minor and major site plan be approved by the approving authority prior to the issuance of a zoning permit, building permit, or a certificate of occupancy.
SITE PLAN, EXEMPTThe following applications shall not require site plan approval:
A. Construction or expansion of a single- or two-family dwelling and their accessory uses.
B. Signs conforming to the requirements of this chapter.
C. Construction or expansion of any building or structure where the addition will not exceed 10% of the gross floor area and where the nonbuilding site improvement coverage will not be increased by more than 1,000 square feet. These increases shall be measured against the most recent site plan approval granted for the project. Any such construction or expansion shall conform with the following additional requirements:
(1) That it does not require modification of the essential elements of the existing layout, including but not limited to vehicular or pedestrian traffic flows, drainage or access;
[Amended 10-28-2010 by Ord. No. 1544]
(2) That is does not involve the granting of any variances or change in use;
(3) That the property which is the subject of the development plan has previously been granted site plan approval; and
(4) That the property which is the subject of the development plan does not have a lot line adjacent to the right-of-way of NJ State Highway Route 35, a.k.a., Central Avenue.
D. Construction or expansion that does not increase the present number of uses or dwelling units located on the property or within any building.
E. Individual commercial uses in the Boardwalk Zone or, as they are commonly called, "amusement stands," that are licensed by either the state or the Borough shall be eligible for exemption without regard to the gross floor area requirements of Subsection
C above.
SITE PLAN, MAJORAll site plans for new developments and those not defined as exempt.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is not a floor above it, then the space between the floor and the ceiling next above it and including basements used for the principal use.
STREET LINEThe edge of the street right-of-way forming the dividing line between the street and the lot and shall be either the existing or future right-of-way whichever is wider as shown on an adopted master plan or official map, or as required by this chapter.
STRUCTUREA combination of materials to form a construction for occupancy or use, whether installed on, above, or below the surface of a parcel of land.
[Amended 7-25-2013 by Ord. No. 1632]
TAVERNA commercial establishment where alcoholic beverages are served, primarily by the drink, for on-premises consumption. Tavern uses may also provide limited and incidental music and entertainment. As used in this chapter, "tavern" does not include nightclub where dancing and/or entertainment is a principal activity.
TRACTOne or more lots. Existing streets, utility easements, and water surface area shall not be included in calculating the area of the tract for the purposes of determining permitted lot coverage, the maximum floor area of a nonresidential use, or the permitted number of dwelling units or motel units.
YARDAn open space extending between the closest point of any building and a lot line or street line. In an apartment, townhouse or other development where more than one building may be erected on a lot, yards shall also be the open space extending between structures, and between structures and interior streets. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line, or building facade, or perpendicular to the point of tangent of curved lines and facades. The minimum distance between buildings in developments where there is more than one building on a lot shall be the sum of the two yards of the structures and in no event shall two structures be closer to one another than the sum of both side yards. Where an interior street or drive passes between buildings, the required yards shall be in addition to the street or drive.
YARD, FRONTThe area extending across the full width of a lot between the street line and the building, and, for apartments, townhouses, or other development where more than one building may be erected on a lot, the front yard shall be measured from the designated front of the building to an imaginary line a designated distance away from the front of the building.
YARD, REARThe open space extending across the full width of the lot between the rear lot line and the building, and, for apartments, townhouses, or other developments where more than one building may be erected on a lot, the rear yards shall be measured from the designated rear of the building to an imaginary line a designated distance away from the rear of the building.
YARD, SIDEAn open space extending from the front yard to the rear yard and lying between each side lot line and the building. The side yard for apartments, townhouses, or other developments where more than one building may be erected on a lot shall be measured from the designated side of the building to an imaginary line a designated distance away from the side of the building.