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South Toms River City Zoning Code

§ 26-10.3

Definitions.

[1975 Code § 13-6; New; Ord. No. 2-2015 § 1]
As used in this article:
ACCESSORY BUILDING OR USE
Shall mean a subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use or building.
ALTERATIONS
Shall mean as applied to a building or a structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another.
AMUSEMENT AREA
Shall mean any area within or about a building or open area, open to the public, used for amusement devices, games, or recreational diversions of all types and construction.
APARTMENT HOUSE
Shall mean every building or portion thereof, which contains three or more dwelling units.
AUTOMOBILE GRAVEYARD OR JUNKYARD
Shall mean any place where one or more motor vehicles not in running condition, or parts thereof, are kept or stored in the open with no intent to restore them to operating condition.
BASEMENT
Shall mean a portion of the building partly underground, but having less than half of its clear height below the average grade of the adjoining ground.
BILLBOARD
Shall mean any structure or part thereof used to convey a message or attract the attention of the public to an activity, product or location which is not conducted, sold or located on the same parcel of land as the structure. This definition shall not include bulletin boards used for government or church notices, or signs advertising the sale or lease of the premises on which they are located.
BLOCK
Shall mean the lands bounded by two or more streets, which divide it from other lands.
BLOCK FRONTAGE
Shall mean the length of a street between two intersecting or interrupting streets.
BOARDING OR ROOMING HOUSE
Shall mean any building or that part of any building where rooming units are rented with or without meals to more than three lodgers in which no provisions are made or permitted for cooking of any description in any bedroom or suite of rooms by the occupant thereof and in which no collective cooking or community kitchen is provided or permitted.
BUILDABLE AREA
Shall mean the area of a lot remaining after the minimum applicable yard requirements have been complied with.
BUILDING
Shall mean any structure whether or not enclosed wholly or in part having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, or having other supports and any unroofed structure, terrace, platform or porch, whether or not enclosed wholly or in part.
BUILDING COVERAGE
Shall mean the total area expressed in square feet of the outside dimensions of the principal building together with all accessory buildings.
BUILDING HEIGHT
Shall mean the vertical dimensions of a building measured from curb grade to the highest point of the roof in the case of a flat roof; the decline of a mansard roof, or the average height between the plate and ridge of a gable, hip or gambrel roof.
BUILDING LINE
Shall mean the line beyond which no part of a building may be built or project.
CARPORT
Shall mean an open structure attached to the main building enclosed on no more than two sides intended for the sheltering of motor vehicles.
CELLAR
Shall mean a portion of the building partly underground having more than half of its clear height below the average grade of the adjoining ground.
CERTIFICATE OF OCCUPANCY
Shall mean a certificate issued by the Building Inspector upon the completion of the construction of a new building or alterations to an existing building, certifying that the construction complies with all ordinances relating thereto.
COMMON OWNERSHIP
Shall mean two or more contiguous lots or parcels in the same ownership.
COMMUNITY BUILDING
Shall mean a building for civic, social, educational, cultural and recreational uses, not operated primarily for monetary gain.
CORNER LOT
Shall mean a lot at the junction of, or having frontage on, two or more streets.
COURT
Shall mean an open space other than a required yard on the same lot with a building and bounded on two or more sides by such building. A court not extending to a required yard is an inner court. A court extending to a required yard is an outer court.
CURB GRADE
Shall mean the elevation of the street grade as established by law; referring to a building height, it means the greatest vertical measurement of the building as computed from the curb grade at the lot center line of the lot front.
DINNERS, LUNCH CARS, PULLMAN DINERS AND SIMILARLY NAMED STRUCTURES
Shall mean any prefabricated structure brought in complete form to, or assembled on the site, designed for the serving of meals.
DRIVEWAY
Shall mean the use of land for ingress and egress by vehicles of any description.
DWELLING
Shall mean a building designed for and used exclusively for residential purposes.
a. 
Single-family dwelling - A detached building designed for and used exclusively as one dwelling unit.
b. 
Two-family dwelling - A detached building containing not more than two dwelling units which are entirely separated by a horizontal floor or vertical wall, unpierced, except for access to the outside or to a common cellar or basement.
c. 
Multiple-family dwelling - A building designed for or containing three or more dwelling units.
DWELLING UNIT
Shall mean a unit of a minimum of one room and bath providing complete living facilities for one family including facilities or provision for facilities required in the storage, preparation and serving of food.
EFFICIENCY APARTMENT
Shall mean a dwelling unit consisting of one room and bath or 1 1/2 rooms and bath in which there is no separate bedroom.
FAMILY
Shall mean:
a. 
One or more persons related by blood or marriage occupying a dwelling unit and living as a single nonprofit housekeeping unit.
b. 
A collective number of individuals living together in one dwelling unit under one head, whose relationship is of a permanent and distinct domestic character and cooking as a single nonprofit housekeeping unit.
FENCE
Shall mean a structure of any material, built, erected or interposed in, on or upon any lot line or any lot including a gate, hedge, ditch, wall, trestle, frame of wood, orion or other material.
FLOOR AREA
Shall mean the total enclosed floor area of a structure. For residential uses such areas shall not include garages, breezeways, unheated porches, basements or cellars. For business or commercial uses, such areas shall include all floor space having headroom of at least seven feet.
GARAGE
Shall mean a building, or a part thereof, in which a motor vehicle is stored, kept or repaired. Types of garages include:
a. 
GARAGE, PRIVATEShall mean a garage as an accessory use to a residence utilized for the storage of not more than three motor vehicles, and in which no business, service or industry is conducted or rendered.
b. 
GARAGE, PUBLICShall mean:
1. 
A garage used as a business, service or industry connected with motor vehicles either housed or repaired, except automobile sales rooms conducted exclusively for the exhibition of not more than 10 vehicles.
2. 
A garage used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicles, fuels, or accessories, or where any such vehicles are kept for hire.
c. 
AUTOMOBILE SERVICE STATION Shallmean a use where gasoline stored in underground tanks, kerosene or motor oil and lubricants or grease for operation of automobiles, are retailed directly to the public on premises and wherein minor automobile accessories and services are provided.
When the dispensing, sale or offering for sale of a motor fuel or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.
GARDEN APARTMENTS
Shall mean a group of architecturally harmonious residential buildings, not more than two stories in height, constructed on one parcel of land and operated as a single unit.
HOME BUSINESS
Shall mean any lawful business that is professional in nature and permitted by the zoning ordinance, and is clearly customary, incidental, and accessory to the use of the premises as a single-family residential dwelling unit; and which does not alter the exterior of the property or affect the residential character of the neighborhood.
HOME OCCUPATION
Shall mean an accessory use for gain or support conducted only by members of a family residing on the premises within the principal building.
INSTITUTIONAL USES
Shall mean churches, schools, providing primary and secondary education, and libraries.
JUNKYARD
Shall mean a use involving the buying, selling, storing or processing objects which are dilapidated or unfit for their intended purpose but which have value principally because of the materials or parts of which they are composed.
KENNEL
Shall mean a structure wherein dogs, cats, or any other type of domesticated or wild animals are boarded, or bred for hire or sale.
LAND USE BOARD
Shall mean the Land Use Board of the Borough of South Toms River.
LOT
Shall mean a land area occupied or designed to be occupied by a building and its accessory building.
LOT AREA
Shall mean an area of land expressed in square feet which is determined by the limits of the lines bounding that area.
LOT COVERAGE
See Building Coverage.
LOT DEPTH
Shall mean the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the site lot lines in the rear.
LOT FRONT
Shall mean:
a. 
The street frontage having the least frontage and on which the majority of buildings in the block face. All yard and height requirements and limitations shall be computed on this provision.
b. 
Double frontage shall mean and shall exist when a lot fronts or faces two streets, whether intersecting or otherwise.
LOT WIDTH
Shall mean the shortest horizontal distance between the side lot lines measured at the most forward allowable building line or setback line.
MANUFACTURING
Shall mean a use involving the treatment of processing of raw products and the production or assembly or articles, parts, or finished products from raw or prepared materials by giving them new forms or qualities.
MERCANTILE ESTABLISHMENT
Shall mean any structure in or upon which goods, wares or merchandise are offered for sale or services are rendered.
NONCONFORMING BUILDING
Shall mean a building which in its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING LOT
Shall mean a lot of record existing on February 14, 1972, which does not have the minimum width, depth, frontage, or have the rear, front or side yards or contain the minimum area for the zone in which it is located.
NONCONFORMING USE
Shall mean a use of a building or of land that does not conform to the regulations of this chapter for the zone in which it is located.
PARKING AREA, PRIVATE
Shall mean an open area or structure, other than street or other public way, used for parking a vehicle where permitted.
PARKING LOT
Shall mean a use or accessory use where motor vehicles are stored, parked, kept or located in the open, with or without charge.
PARKING SPACE
Shall mean an off-street space available for the parking of a motor vehicle which, in this chapter, is required to be an area 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PERSON
Shall mean any individual, corporation, partnership, association, or other group of persons, including any agency of a municipal, County, State or Federal government.
PORCH, OPEN
Shall mean a roofed piazza, porch or portecochere which projects beyond the main wall of a building and which does not encroach upon any open space required by this chapter.
PRINCIPAL BUILDING
Shall mean a building in which is conducted the main or principal use of the lot on which the building is situated.
PRIVATE SWIMMING POOL
Shall mean any artificially constructed basin or other structure for the holding of water for use by the possessor, his family or guests, for swimming, diving and other aquatic sports and recreation. The term swimming pool does not include any temporarily erected plastic, canvass or rubber pool.
PUBLIC AREA, PUBLIC
Shall mean an open area, other than 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.
RESTAURANT
Shall mean a use where food is sold for consumption on the premises.
RESTAURANT, DRIVE-IN
Shall mean a restaurant at which food or refreshments are customarily served to or consumed by patrons while seated in their automobiles, regardless of whether or not, in addition thereto, seats or other accommodations are also provided for patrons.
SETBACK LINE
Shall mean a line within any lot, marking the limits of a required yard space, parallel to the street line between which and the street line, no building or portion thereof may be erected except as provided in this chapter.
SIGN
Shall mean any device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.
SIGN AREA OF
Shall mean the area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign.
SINGLE OWNERSHIP
Shall mean ownership of a separate parcel or tract of real property which is not contiguous to land in the same ownership.
SINGLE USE RETAIL SALES AND GASOLINE FILLING STATIONS
Shall mean any area of land, including all structures thereon, that is used for the sale of gasoline or other motor fuel, and retail sales of convenience goods under one operating entity. Convenience goods include, but are not limited to, food and drink products, household items, newspapers and magazines, and prepared foods such as soups, sandwiches, and salads for off-premises consumption.
SITE PLAN
Shall mean a plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings, and any other information which may be necessary to reach an informed decision.
STORY
Shall mean that part of a building between the surface of any floor and the next floor above it, or in its absence, the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it, except a cellar. A half story is defined and the uppermost story of a building in which a sloping roof replaces the upper part of the wall.
STREET
Shall mean a public or private thoroughfare serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties and providing space for public utilities.
TRAILER, CAMPER, MOBILE HOME AND SIMILAR STRUCTURES
Are defined in Section 26-17 of this chapter.
Shall mean
Shall mean the specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
YARD
Shall mean
a. 
YARD, FRONT The required open space extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured at right angles to the front lot line.
b. 
YARD, REARThe required open space extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building on the lot. The depth of the rear yard shall be measured at right angles to the rear lot line.
c. 
YARD, SIDEThe required open space between the side line of the lot and the nearest line to the building and extending from the front yard line to the rear yard line or in the absence of either such yards, to the street 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.