[Ord. #513; Ord. #O-00-3, S 4; Ord. #O-08-7, S II; Ord. #O-08-9, S 2; Ord. #O-09-10; Ord. No. O-2015-4 § 2; amended 9-21-2022 by Ord. No. O-22-17; 9-20-2023 by Ord. No. O-23-13; 7-3-2024 by Ord. No. O-24-20]
As used in this Chapter:
ACCESSORY BUILDINGShall mean a subordinate building or structure on the same lot with the principal or main building, occupied or devoted exclusively to an accessory use. No accessory building shall be used in whole or in part for any dwelling or living purposes.
ACCESSORY USEShall mean a use naturally and normally incident and subordinate to the main use of the premises or lot.
AFFORDABLEShall mean a sales price or rent within the means of a low or moderate income household as defined in N.J.A.C. 5:94-7.
AFFORDABLE HOUSING DEVELOPMENTShall mean a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.
AGE-RESTRICTED HOUSINGShall mean housing designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of the household is a minimum age of 55 years and meets the provisions of the 42 U.S.C. §§ 3601 et seq.
ALTERATIONSShall mean as applied to a building or structure, a change or rearrangement in the structure, parts or in the existing facilities, or an enlargement whether by extension of a side or by increasing in height or by moving from one location or position to another.
BASEMENTShall mean for the purposes of this Chapter with reference to occupancy or use and to regulate the height and bulk of buildings, the portion of a building in which the ceiling averages more than four (4') feet above the finished grade where such grade meets the outside walls of the building, and has a clear height of six and one-half (6 1/2') feet or more. Such space shall be considered a story. (See "Cellar")
BUILDING AREAShall mean the aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed using outside building dimensions measured on a horizontal plane at ground level.
BUILDING HEIGHTThe height of a proposed structure shall be measured relative to the crown of the centerline of the road at the center of the front property line.
BUILDING LINEShall mean a line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.
BUILDING, PRINCIPALShall mean a building in which is conducted the main or principal use of the lot on which said building is situated.
BUFFER STRIPShall mean a continuous strip of trees and/or shrubs densely planted so as to restrict a clear view beyond said strip.
BUFFER ZONEShall mean a strip of land which shall be provided when a business, commercial or industrial use abuts a residential zone, or where required in other zones by the approving authority.
CELLARShall mean any space in which the ceiling or underside of beams averages less than four (4') feet above the surrounding grade.
CERTIFICATE OF OCCUPANCYShall mean a certificate issued by the Building Inspector upon completion of construction or change in occupancy of a building. The certificate shall acknowledge compliance with all requirements of this ordinance, such adjustments thereto granted by the Board of Adjustment, and/or the Planning Board, and/or all other applicable requirements, including building permit.
CHANGE IN USEShall mean:
a. Any increase in the number of dwelling units.
b. A change from a residential use to any non-residential use.
c. Any change from one non-residential use to another non-residential use, except that where there is a change in occupancy, or change of ownership only, no change in use will have occurred.
d. Any change from a non-residential use to a non-residential use of higher intensity.
e. Any change in use from any existing or permitted use to any conditional use.
CURB LEVELShall mean the officially established grade of the curb in front of the midpoint of the lot.
DWELLING, MULTI-FAMILYShall mean a building designed for three or more dwelling units with individual entrances or entrances from a common hall.
DWELLING UNITShall mean a room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained, and shall not require the use of outside stairs, common hallways passing through another dwelling unit, or other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.
DWELLING, ONE-FAMILYShall mean a detached building and dwelling unit designed for or occupied exclusively by one or more persons living as a family.
ESSENTIAL SERVICESShall mean the erection, construction, alteration or maintenance by public utilities, telephone or municipal or other governmental agencies, underground gas, electric, steam, water or sewage transmission or distribution systems, including buildings, poles wires, mains, drains, sewers, pipes, conduits, cables, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.
EXEMPT DEVELOPMENTShall mean that a site plan shall not be required prior to issuance of a zoning permit. Exemption from site plan review does not exempt the development from other approvals or permits, nor is it an authorization for construction.
Exempt development includes the following:
a. Construction, additions, or alterations related to single-family or two-family detached dwellings or their accessory structures on individual lots that do not require variances.
b. An agricultural use not affording access to the public.
c. Any change in occupancy which is not a "change in use" (as herein defined).
d. Individual applications for accessory mechanical or electrical equipment, the operation and location of which conforms to the design and performance standards of this Chapter, and the installation is on a site occupied by an active principal use for which site plan approval is not otherwise required.
e. Sign(s) where installation is on a site occupied by a principal use for which site plan approval is not otherwise required, provided such sign(s) conform to the applicable design and zoning district regulations for signs of this Chapter.
FAMILYShall mean a group of persons, living together as a single bona fide housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization, or similar group. A single bona fide housekeeping unit, for purposes of this ordinance, is a relationship between persons for maintaining a common household or family relationship on a permanent basis or for an indefinite period of time. It does not include any group of persons, whether related or unrelated, whose use or occupancy of any dwelling is or is intended to be temporary or seasonal in duration.
FENCEShall mean an artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure of yard areas.
FINANCIAL INSTITUTIONShall mean establishments such as, but not limited to, banks, trust companies, credit agencies, investment companies, brokers and dealers in securities and commodities, security and commodity exchanges, and insurance agents.
GARAGE, PRIVATEShall mean a building used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business or services for profit is conducted.
GROSS HABITABLE FLOOR AREAShall mean the sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy. Areas shall be measured between the inside face of exterior walls. Areas shall not include areas below the average level of the adjoining ground, garage space, or accessory building space.
GROSS SALES FLOOR AREAShall mean the sum of the gross horizontal areas of the floor or floors of a building which are used for display of merchandise to the general public and including any areas occupied by counters, showcases, display racks, and any aisles, entranceways, arcades or other public areas.
HOME OCCUPATIONShall mean a business or occupation conducted in a dwelling unit or elsewhere on a residential property. A home business activity which meets all of the following standards shall not be considered to be a home occupation for the purposes of this Chapter:
a. There shall be no nonresidential employees.
b. There shall be no change in the exterior appearance of the dwelling unit or residential property.
c. There shall be no commercial vehicles, as defined in Subsection
18-7.4a,
4, associated with the use.
d. There shall be no sign identifying the use.
e. There shall be no shipments of goods to or from the site, exclusive of normal mail or package service deliveries.
f. Customers shall not visit the site.
HOME PROFESSIONAL OCCUPATIONShall mean the office of a member of a recognized profession when conducted on residential property. Such occupations shall be limited to those of doctors, lawyers, architects, engineers, accountants and other similar recognized professional persons.
HOUSE OF WORSHIPShall mean a building or group of buildings including customary accessory buildings designed or intended for public worship. For the purpose of this chapter, the term house of worship shall include churches, chapels, congregations, cathedrals, synagogues, temples and similar designations as well as parish houses, convents and such accessory uses. Public worship consisting of non-family members shall not be permitted within residential structures.
LANDSCAPE PLANShall mean a site plan which suitably shows the tree, shrub and groundcover plantings and the general sizes, types and location of these and any other landscaping materials to be used in addition to the existing and/or proposed building outlines, and is more definitely described under the site plan section of this ordinance.
LOT AREAShall mean an area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
LOT, CORNERShall mean a parcel of land at the junction of and fronting on two or more intersecting streets.
LOT COVERAGEShall mean the percentage of lot area devoted to structure area.
LOT FRONTAGEShall mean a lot line or portion thereof which is coexistent with a street line.
LOT WIDTHShall mean the distance between the side lot lines measured parallel to the street line at the minimum building setback.
LOW INCOME HOUSINGMeans housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located.
MANUFACTURINGShall mean the treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
MODERATE INCOME HOUSINGMeans housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located.
MOTEL/HOTELShall mean an establishment providing transient accommodations to the general public. Containing guest sleeping bedrooms used, rented out, or hired out for sleeping purposes where ancillary facilities including restaurants, cocktail lounges, guest services shops (for newspapers, magazines, personal goods, souvenirs, sundries and similar types of items customarily provided in a motel or hotel facility), exercise rooms, swimming pools, computer rooms may be provided within the building. In hotels or motels which provide suites or guest rooms with two or more bedrooms, each bedroom shall be deemed to be a separate guest sleeping bedroom for purposes of this Chapter.
OCCUPANCYShall mean the specific purpose for which land or a building is used, designed or maintained.
PARKING SPACEShall mean an off-street space available for the parking of a motor vehicle exclusive of passageways and driveways appurtenant thereto and giving access thereto.
SIGNShall mean any device, structure or object for visual communication that is used for the purpose of bringing the subject thereto to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious groups.
SIGN AREAShall mean the area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four sided (straight sides) geometric shape which most closely outlines the said sign.
SIGN, IDENTIFICATIONShall mean any sign which shall be used to advertise and identify the business conducted on the premises where the sign is located.
STORYShall mean any covered areas with a clear headroom of six and one-half (6 1/2') feet or more, whether finished or not. A basement shall be considered a story and a cellar shall not.
STORY, HALFShall mean that portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two (2') feet above the floor of such half-story.
No half story of any residential building, as defined in herein, shall be used as living space.
STREET LINEShall mean that line determining the limit of the highway rights of the public, either existing or contemplated. Where a definite right-of-way has not been established, the street line shall be assumed to be a point twenty-five (25') feet from the center line of the existing pavement.
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.
SWIMMING POOLShall mean and include outdoor private pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading.
USEShall mean the specific purpose or purposes for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any non-conforming use.
[Ord. No. O-2015-4 § 2]
YARD, FRONTShall mean an open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the building line, projected to the side lines of that lot. Setback line should be synonymous with the rear limit of the required front yard area.
YARD, REARShall mean a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest building line on the same lot. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building lines.
YARD, SIDEShall mean an open unoccupied space between the side line of the lot and the nearest building line and extending from the front yard to the rear yard, or in the absence of either side yard, 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 sideline of the lot.
ZONING BOARDShall mean the officially established Zoning Board of Adjustment of the Borough of West Long Branch.
ZONING OFFICERShall mean the officially established Zoning Officer of the Borough of West Long Branch.