Stone Harbor City Zoning Code
ARTICLE III
Definitions
§ 560-9 Inclusive words.
"Used" includes "arranged, designed or intended to be used"; "occupied" includes "designed or intended to be occupied"; and "building" includes "structure" or "structures," without limitation.
§ 560-10 Definitions.
As used in this chapter, the following words shall have the assigned meanings:
A building subordinate to the principal building on a lot and used for purposes customarily incidental to the principal building.
A use subordinate to the main use on the lot and customarily incidental to the main use.
A constructed shelter of vines or branches or latticework.
A windowless space immediately below a building's roof which:
An architectural fabric projection that provides weather protection, identity and/or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight-frame structure over which a cover is attached.
A hotel having 25 or fewer guest rooms, offering rooms for rent on a nightly basis.
[Amended 10-15-2013 by Ord. No. 1432]
In all residential zones (Residential A, B, B-P, C, and D), "building height" shall be defined as the vertical measurement from design flood elevation as defined in Chapter 300 of the Borough Code to the uppermost point of a building, except as otherwise provided.
[Amended 4-17-2018 by Ord. No. 1519; 3-19-2024 by Ord. No. 1661]
In all other zones, "building height" shall be defined as the vertical measurement from the curb level to the uppermost point of a building, except as otherwise provided.
The distance between the furthest two points of a structure when measured along the subject lot's street frontage. Illustration: Building length is calculated graphically below as measuring 100 feet.
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An architectural projection that provides weather protection, identity and/or decoration and is supported by the building to which it is attached and at the outer end by not less than one stanchion or other means of support.
An organization of persons, having a charter from or recorded with the State of New Jersey, for social or fraternal purposes, whose building and services are for members and guests only and not operated for profit or gain.
A lot which fronts on two streets and, hence, has two front yards. Consequently, a corner lot also has two side yards and no rear yard.
The interior area of a structure located between the ground and the lowest level of the first floor, which area is not improved or otherwise used for habitation.
An area of depressed curbing providing unobstructed vehicular access to the driveway, drive aisle, parking area or other areas of a lot.
SINGLE CUTCurb cuts measuring not less than 10 feet and not more than 12 feet in width.
DOUBLE CUTCurb cuts measuring more than 12 feet but not more than 20 feet in width.
The level of the curb in front of a lot as established or determined to be established by the Borough authorities. In connection with computing the required heights of buildings, curb level shall be measured from the grade level of the top of the curb at the center point of the lot or parcel of land upon which a building is to be constructed.
A private garage which is:
SINGLE-FAMILY DWELLINGA structure designed for occupancy by one family and containing one dwelling unit.
TWO-FAMILY DWELLINGA structure designed for occupancy by two families and containing two dwelling units.
MULTIPLE DWELLINGA structure designed and/or used for permanent rather than transient guests and arranged for occupancy by three or more families and containing three or more dwelling units.
DWELLING UNITA room or series of connecting rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit.
RENTAL UNITA room or series of connecting rooms which do not contain, in toto, living, cooking, sleeping and sanitary facilities for a housekeeping unit.
TOWNHOUSE DWELLING UNITA single-family dwelling in a line of at least three but not more than six such dwellings, each connected together and each located on an individual townhouse lot.
The bulkhead line shown on the current Tax Map of the Borough of Stone Harbor or, if the current Tax Map does not establish a bulkhead line, the most recent Tax Map illustrating an established bulkhead line for the Borough.
[Amended 3-19-2024 by Ord. No. 1660]
One or more persons living as a housekeeping unit and doing their cooking on the premises.
A barrier, constructed of wood, metal, cement block, or any other similar material, which is used to prevent escape or intrusion or to mark a boundary or for other similar purpose. If a fence exceeds eight inches in width, its coverage (square footage) will be considered as "lot coverage" under the definition herein.
A freestanding roofed accessory structure open on the sides.
Interior space having a ceiling height of seven feet or more and included in the definition of "building coverage."
A structure having three or more units which is designed for or used for transient guests rather than permanent residents. Rooming houses and boardinghouses are included within this definition.
Any natural or man-made surface that restricts the infiltration of water and causes surface runoff.
A parcel or tract of land, above or below water, and land on which a main building or its accessories are or may be placed, together with the required open spaces. No land area surrounding any building, used once to meet the open space requirements of this chapter or of former ordinances, shall be used a second time to fulfill the requirements of this chapter, and no lot shall be so reduced in area that any required open space will be smaller than that which is prescribed in the regulations for the district in which the lot is located.
The total horizontal area within the boundaries of a lot, parcel or tract of land, measured in square units.
That area of a lot that is covered by buildings, roofs, structures, swimming pools, walkways, driveways, patios (including paver patios), decks or similar facilities that are constructed of impervious materials. Bay windows, eaves, gutters, and similar building features having no foundation and extending not more than 20 inches from a structure shall not be included in lot coverage calculations.
That area of a lot that is covered by buildings, roofs, structures, swimming pools, walkways, driveways, patios (including paver patios), decks or similar facilities that are constructed of impervious materials. Bay windows, eaves, gutters, and similar building features having no foundation and extending not more than 20 inches from a structure shall not be included in lot coverage calculations.
[Added 4-20-2021 by Ord. No. 1586]
That area of a lot that is covered by porous asphalt, porous concrete, or other forms of hardscaping that when constructed properly yield a significant decrease in stormwater runoff.
[Added 4-20-2021 by Ord. No. 1586]
The distance between side lot lines measured along the front property line of a lot where it meets the adjacent street. For corner lots, lot frontage shall include the distance of all front property lines where they meet adjacent streets.
An exterior part of a building, including a breezeway, outside of and extending beyond the exterior walls of the building, the exterior boundaries of which are completely and permanently open to the outside air; provided that an open porch may have:
[Added 8-7-2012 by Ord. No. 1406]
The consumption of food or drink at a table that is not located within a structure, which table is made available for use in conjunction with a restaurant or other food service business; provided that outdoor dining shall not include the consumption of food or drink if:
The food and/or drink is purchased and served indoors or via window service (without table service);
The consumption occurs at a table which is 27 inches or less in length and in width or 30 inches or less in diameter;
The number of outdoor tables provided by the associated restaurant or other food service business does not exceed the lesser of one table for each 32 square feet of ground area or four tables; and
The table and surrounding area are not available for the consumption of alcoholic beverages.
"Ground area," as described in Subsection A(3) above, shall include only unimproved exterior areas (including paved areas) upon which outdoor table(s) are situated.
An accessory structure consisting of parallel colonnades supporting an open roof of girders and cross rafters.
A structure designed for the storage of automobiles, including not more than one commercial vehicle not larger than one ton in capacity, which structure is not designed or utilized as a dwelling unit or for dwelling purposes.
A sign that is perpendicular to a building face or wall and attached to the building by means of a bar or other structural support.
FRONT PROPERTY LINEThe exterior boundary line of any lot where such line abuts a street or streets.
SIDE OR REAR PROPERTY LINESThe exterior boundary lines (except front property lines) of any lot.
A place of business serving food for on-premises consumption.
A roof having a pitch less than two inches per foot.
A roof having a pitch of two inches or more per foot.
Any device visible from a public place that displays a commercial or noncommercial message by means of graphic presentation of alphabetic or pictorial symbols or representations. The area of any sign shall be the maximum projected area of the shape, board, panel or other structure which encloses the sign, provided that the area of any sign fixed upon or making up a part of an awning shall be the maximum projected area of the letters, images, characters and graphics.
On-site off-street parking whereby vehicles are parked end-to-end and whereby one or more vehicles are unable to access a driveway or street without moving one or more vehicles.
That portion of a building included between the upper surface of a floor and the ceiling or roof next above, any part of which is above the base flood elevation and which is six feet or more in height, subject to the following exceptions:
A basement or cellar, no part of which is above base flood elevation, shall not constitute a story;
One enclosed transition area, that does not exceed the allowable building height and does not exceed 69 square feet, to allow access to a deck over the second story may be permitted, and such area shall not constitute a story; and
[Amended 3-19-2024 by Ord. No. 1660]
An attic shall not constitute a story.
Any floor level, whether on the ground or elsewhere, regardless of the height thereof, which is to be occupied in whole or in part for the parking or storage of automobiles shall, for the purpose of determining the height limit, be regarded as a story.
The number of stories shall be measured as a vertical line from the roof to the ground beneath a structure, so that sunken living rooms and rooms resulting from split-level construction shall be permitted as long as, on any vertical line from the roof to the ground beneath the structure, there are no more than two floors and two ceilings in addition to the attic.
One of the exterior boundary lines of a public street and being a line in common with the property line as shown on the Zoning Map.
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.
The parcel of land which has been or is intended to be conveyed in fee simple to a purchaser, together with a townhouse dwelling unit constructed thereon.
A residential building containing at least three but not more than six townhouse dwelling units therein.
A frame of latticework used as a screen and/or a support for climbing plants.
The sale or delivery to any person of any goods, wares, merchandise, food, or article of any kind or description through any opening, space, or aperture in a building for use or consumption on or off the premises.
Yards are defined as follows:
FRONT YARDAn open space, unobstructed except as herein provided, fronting on a street, the full width of the lot and extending from the property line to the front setback line.
SIDE YARDAn open space, unobstructed except as herein provided, between the side line of a lot and the permissible building line on the side of the lot, the space to extend from the front yard to the rear yard with respect to interior lots and from the front yard to the other side yard with respect to corner lots.
REAR YARDAn open space, unobstructed except as herein provided, the full width of the lot, extending in depth from the rear setback line to the rear line of the lot, except with respect to corner lots, which have no rear yards.
Exception. For the limited purpose of calculating the maximum area of accessory structures located in a front or rear yard, the area of such yard shall be deemed to include all land in the area between the main structure (including but not limited to decks, but excluding items enumerated in § 560-38) and the rear property line. (For corner lots, see § 560-34).