A. Words used in the present tense include the future tense.
B. Words used in the singular include the plural, and conversely words used in the plural include the singular.
C. The word "shall" is always mandatory.
D. The word "lot" includes the word "plot" or "premises."
E. The word "used" includes the words "intended to be used," "designed to be used" or "arranged to be used."
F. The word "occupied" includes the words "intended to be occupied," "designed to be occupied" or "arranged to be occupied."
G. The word "person" includes a corporation as well as an individual.
H. The word "demonstrate" means to provide such visual, written, or oral information as will enable the designated reviewing agency or board to ascertain the scope and nature of a proposed use or operation, and to render an informed opinion or decision thereon.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING, STRUCTURE OR USE A building, structure or use subordinate in building area and purpose to and that is customarily incidental to the principal building, structure or use on the same lot. Where an accessory building is attached to the principal building by a wall or roof, such accessory building shall be considered part of the principal building for the purpose of determining the required yard dimension.
ALTERATION, STRUCTURAL Any change, relocation or rearrangement of any supporting members, exterior walls, or roof of an existing building.
APARTMENT A room or suite of rooms, including complete kitchen facilities, toilet, bathing and washing facilities, and living space that is designed or intended to be used as a single dwelling unit. The dwelling unit may be individually owned or all dwelling units in a building may be commonly owned and rented. If owned individually, the building common areas and facilities shall be owned by all the owners on a proportional undivided basis.
ASSOCIATION That person or persons to whom townhouse lots and structures are conveyed and those that will by formal agreement as between them form an association together with the owner or developer for the purpose of the preservation and maintenance of the common lands and/or facilities heretofore defined.
BASEMENT A story partly underground but having less than one-half its height below the average level of the adjoining ground.
BED-AND-BREAKFAST GUESTHOUSE A facility providing sleeping or dwelling accommodations to transient guests which:
A. Consists of a structure originally constructed for the purpose of a private residence;
B. Includes individual sleeping accommodations for up to 25 guests;
C. Has at least one dwelling unit occupied by the owner of the facility as his place of residence;
D. Has not less than 300 square feet of common area for the exclusive use of guests, including but not limited to parlors, dining rooms, libraries and solariums;
E. Prohibits cooking and smoking in guest rooms;
F. Provides a meal to guests in the forenoon each day but does not operate as a restaurant open to the general public;
G. Is not a rooming house or a boardinghouse.
BEDROOM Any room that is designed to be used and occupied for sleeping purposes.
BOARDINGHOUSE A rooming house in which meals are served, excluding hotels.
BOARD OF ADJUSTMENT The Zoning Board of Adjustment of the Borough of Bradley Beach.
BUFFER A landscaped area designed to act as a visual screen between a potentially unsightly or otherwise undesirable or incompatible use and adjacent properties.
BUILDING A structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels or other supports and designed or used for shelter, housing enclosure or storage of persons, animals or chattel.
BUILDING AREA The total of areas taken on a horizontal plane at the main grade level of the principal building, accessory buildings, and other roofed areas and overhangs, but excluding uncovered porches, terraces, decks and steps less than three feet above ground level.
BUILDING COVERAGE The "building area" expressed as a percentage of the lot area.
BUILDING EAVE HEIGHT The vertical distance from adjacent grade to the lowest point of the roof, or a point 24 inches offset from the facade of the building, whichever is higher. [Added 10-27-2009 by Ord. No. 2009-12]
BUILDING HEIGHT The vertical distance measured from the average finished grade surrounding the building to the highest point of the roof. Unnatural and/or structural alterations to the topography of a property to achieve a greater peak elevation of a structure shall not be permitted. [Amended 10-27-2009 by Ord. No. 2009-12]
BUILDING LINE A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the most projected exterior surface of the building. All yard requirements are measured to the building line.
BUILDING, PRINCIPAL A building in which is conducted the main or principal use of the site on which it is situated.
CELLAR A story partly underground and having more than one-half its height below the average level of the adjoining ground.
COMMUNITY RESIDENCE Any community residential facility licensed pursuant to P.L. 1977, c. 448, providing food, shelter and personal guidance, health care services, under supervision as required, to not more than 15 persons, including persons developmentally disabled or mentally ill, those with head injuries, and those who are terminally ill, including but not limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels.
COMMUNITY SHELTER Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337, providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including children of such victims who temporarily require shelter and assistance to protect their physical or psychological welfare.
CONDITIONAL USE A use permitted in a particular zoning district only upon a showing that such use in a particular location will comply with the conditions and standards for the location or operation of such use as contained in Article VII of this chapter, and upon issuance of an authorization therefor by the Planning Board.
COVERAGE That part of a lot covered by buildings.
DEVELOPER OR OWNER Any person, persons, association of persons or legal entity recognized as such under and pursuant to the statutes of this state.
DORMER A gable projecting from a sloping roof that does not exceed 10 feet in width and contains one or more window set vertically a minimum of two feet from the exterior wall surface of the story below. [Added 12-29-2006 by Ord. No. 2006-22]
DWELLING, MULTIPLE-FAMILY A structure containing three or more separate dwelling units, designed for or occupied by three or more families living independently of one another.
DWELLING, SINGLE-FAMILY A structure containing one dwelling unit, designed for or occupied by one family.
DWELLING, TWO-FAMILY A structure containing two separate dwelling units, designed for or occupied by two families living independently of one another.
DWELLING UNIT Any room or group of rooms within a structure, or portion thereof, forming a single habitable unit with facilities used or designed to be used for living, sleeping, cooking, eating and sanitation providing complete living facilities for one family.
ESSENTIAL SERVICES Facilities installed or maintained by a public utility or governmental agency, including gas, electric, phone, water, sewerage and other similar services, necessary to provide adequate utility services necessary to the general health, safety and welfare of the public.
FAMILY A group of persons, whether related or unrelated, not larger in number than any dwelling, occupied or to be occupied by such group of persons, whether related or unrelated, may accommodate under the applicable housing code provision, which constitutes a single bona fide housekeeping unit.
A. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization, combine, federation, coterie or similar group. A "single bona fide housekeeping unit" for purposes of this chapter is a relationship on a permanent basis or for an indefinite period of time.
B. For the purposes of this section, there shall be a presumption that a collective group of persons related by kinship, adoption, blood or marriage living together under the same roof and maintaining a common household or distinct relationship on a permanent basis or for an indefinite period of time, including domestic servants, does constitute a "family" within the meaning of this section.
FAMILY DAY-CARE HOME The private residence of a family day-care provider which is registered as a family day-care home pursuant to the "Family Day Care Provider Registration Act," P.L. 1987, c. 27.
FENCE A structure forming an enclosure of an open area and designed to prevent straying from within or intrusion from without the enclosure, or to provide a visual barrier to the purposes of assuring privacy.
FLOOR AREA The total enclosed floor area of a building measured from the exterior face of a structure used for residential purposes or for business or commercial activities which, in the case of the latter, includes customer facilities, showcase facilities, storage and sales facilities. Floor area shall be computed as follows: [Amended 10-27-2009 by Ord. No. 2009-12]
A. Ground-floor area shall be considered as the overall exterior dimensions of the dwelling exclusive of porches, garages, patios, basements and cellars.
B. Second- and third-floor areas shall be considered as floor area only when the side walls are at least five feet in height over a finished floor and reach a ceiling height of at least seven feet.
C. Split-level dwellings shall be considered as one-story or ground-level dwellings unless a third level is constructed. To be considered a split-level dwelling, a building shall contain three or more floor levels, each separated from the adjoining floor level by a vertical distance of more than one foot three inches but less than seven feet.
GARAGE, PRIVATE An accessory building not used for living purposes and having a capacity of not more than two automobiles, or not more than one automobile per family housed in the building to which such a garage is accessory, whichever is greater.
GARAGE, PUBLIC Any building other than a private garage, available to the public, operated as a business and which is used for storage, repair, rental, lubrication, washing, servicing, adjusting or equipping of automobiles or other motor vehicles, but not including the storage or sale of gasoline or other fuels.
GARDEN APARTMENT A building or group of buildings containing multiple dwelling units each of which is completely contained on a single floor. Each dwelling unit may be individually owned, or all dwelling units in a building may be commonly owned and rented. If owned individually, the building common areas and facilities shall be owned by all the owners on a proportional undivided basis.
GRADE, FINISHED The elevation of the completed surface of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto, or already in existence.
GUEST UNIT A bedroom or associated suite that is used for sleeping by one or more guests within a bed-and-breakfast guesthouse. It shall also include one unit to be occupied by the owner at any time the facility is utilized for the lodging of guests.
HALF STORY A story under a sloping roof, which may have dormers with windows, having a floor area not exceeding 50% of the floor area below it. The roof rafters shall intersect the exterior wall within one foot of the floor of said half story. [Amended 12-29-2006 by Ord. No. 2006-22; 10-27-2009 by Ord. No. 2009-12]
HOME OFFICE Any business or business-like activity conducted for profit, support, charitable purpose, or otherwise, which is incidental and secondary to the use of a structure as a dwelling unit, and which does not change the essential residential character of the dwelling unit. [Added 12-13-2005 by Ord. No. 2005-27; amended 2-22-2011 by Ord. No. 2011-1]
IMPERVIOUS COVERAGE The building area plus the area of any impervious surfaces, including walks, driveways, patios, above and below ground swimming pools, steps, decks, and any other area that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
LOT A piece, portion or parcel of land considered as a unit, devoted to a common use or occupied by a building or group of buildings that are united by a common interest or use, and the area and extent of which are determined by the latest official records or by the latest approved map of subdivision of which the parcel of land is a part.
LOT AREA The size of a lot measured within the lot lines and expressed in terms of acres or square feet, but excluding that part of a lot included within a street right-of-way.
LOT, CORNER A parcel of land at the intersection of and fronting on two or more streets.
LOT DEPTH The mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines. In the case of a corner lot, the greater frontage shall be the lot depth except where frontages are the same; the frontage on the north-south street shall be the lot depth.
LOT FRONTAGE That portion of the lot extending along the street line the horizontal distance between the side lot lines, measured along the street line. In the case of a corner lot, the smaller frontage shall be the lot frontage, except where frontages are the same; the frontage on the east-west street shall be the lot frontage.
LOT, INTERIOR A lot other than a corner lot. [Added 8-8-2006 by Ord. No. 2006-12]
LOT LINE Any line dividing one lot from another lot or from a public thoroughfare.
LOT, THROUGH A lot other than a corner lot that has frontage on two or more streets. [Added 8-8-2006 by Ord. No. 2006-12]
LOT WIDTH The average horizontal distance between the side lot lines measured at right angles to its depth at the minimum required setback line.
MOTEL A hotel providing individual entrances from the exterior of the building to each unit and providing parking spaces convenient to each individual entrance, with or without a dining room.
NONCONFORMING LOT A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
OFFICE BUILDING COMPLEX A group of office buildings, planned, developed, owned and managed as a unit.
OPEN SPACE Occupied space open to the sky and on the same lot with the principal building.
PARKING SPACE The area required for the parking of one automobile which, for the purposes of the chapter, is held to be an area nine feet wide and 18 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PATIO A level paved surface normally or customarily used as an exterior sitting area, being not more than 12 inches above the adjacent ground level at any point and having no integral structural connection to any building.
PLANNING BOARD The Planning Board of the Borough of Bradley Beach.
PLAT OR PLAN A map, plan or layout of a city, town, section, subdivision or property indicating the location and boundaries of individual properties or lots.
PRINCIPAL BUILDING, STRUCTURE OR USE A building, structure or use that is the primary or main building and use and being the purpose for which the lot or building is being utilized.
PROFESSIONAL OFFICE The office of a member of a recognized profession maintained for the conduct of his profession. "Profession" shall be deemed to include only those of medicine, dentistry, law, architecture, engineering, accounting, real estate and similar occupations which require a professional license or a comparable degree of training, education and experience.
RESIDENTIAL DENSITY, GROSS The total number of dwelling units which may be developed on an area of land, before requirements for public access and open space are provided.
RESIDENTIAL DENSITY, NET The total number of dwelling units which may be developed on an area of land after required public access and open space have been provided.
RESIDENTIAL SITE IMPROVEMENT STANDARDS N.J.A.C. Title 5, Chapter 21, adopted January 6, 1997, as subsequently revised, also referred to as "RSIS."
RESTAURANT An establishment at which food is sold for consumption on the premises to patrons seated within an enclosed building.
ROOMING HOUSE A building in which one or more persons are housed or lodged in one or more furnished rooms for hire, excluding entire buildings leased for one year or more, hotels and motels.
SATELLITE ANTENNA Any apparatus that is designed for the purpose of receiving and transmitting television, radio, microwave, satellite or similar signals, with the exception of conventional television antennas.
SETBACK LINE A building line parallel to a street line delineating the minimum required front yard area depth between the street line and any building.
SHOPPING CENTER A group of commercial establishments or buildings planned, developed, owned and managed as a unit related in location, size and type of shops to the trade area which it serves.
SIGN Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public agency.
SITE PLAN A map or plan of a lot upon which is shown topography, all essential dimensions and bearings, the size and location of structures, roadways, parking areas and similar information necessary to show the proposed layout of a property and its relationship to the surrounding area.
STORY That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it then the space between any floor and the ceiling next above it; except that a cellar shall not be considered as a story.
STREET Any street, avenue, boulevard, road, parkway, viaduct, drive, lane, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and including the lands between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
STREET LINE The line determining the limit between the highway rights of the public and adjoining private property.
STRUCTURE A combination of materials forming a construction, assembly or erection, for occupancy, use, or ornamentation, whether installed on, above or below the surface of the parcel of land, including but not limited to buildings, sheds, fences, walls, decks, signs, towers, swimming pools, and platforms.
SWIMMING POOL, PRIVATE A swimming pool accessory to and constructed or installed on a property containing a one- or two-family dwelling for use by the residents or occupants of the dwelling or dwellings and their guests for which no fee is charged and which shall include but not be limited to in-ground pools, aboveground pools, including portable pools, exterior hot tubs and saunas and wading pools in excess of 50 square feet and 12 inches deep which are constructed of wood, plastic, metal, fiberglass or concrete materials.
SWIMMING POOL, SEMIPUBLIC A swimming pool accessory to and constructed or erected on a property containing a hotel, motel, bed-and-breakfast, townhouse or apartment complex as a benefit to and exclusively for residents or occupants of the hotel, motel, bed-and-breakfast, townhouse or apartment complex and their guests.
TOWER, TELECOMMUNICATIONS Any structure, including self-supporting lattice towers, guyed towers, monopole towers and alternative tower structures, that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes. The term also includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers.
TOWNHOUSE One dwelling unit in a line of three or more connected dwelling units having common interior walls. Each dwelling unit may have one or more stories but may not be constructed with one unit over another. Each dwelling unit may be individually owned, or all dwelling units may be commonly owned and rented. If owned individually, the structure, common areas and facilities shall be owned by all the owners on a proportional undivided basis.
USED CAR LOT A premises wherein or whereupon used motor vehicles of any kind or nature may be offered for sale, sold, traded in, stored or held out for the public's purchase thereof and shall be construed to mean any such business enterprise as customarily understood in the trade.
VARIANCE Permission to depart from the literal requirements of this chapter.
WINDOW LETTERING, PERMANENT Includes, but is not limited to, etching, lettering or graphics displayed on a business window, which shall be limited to the name of the owner, business name, business address, telephone numbers (including facsimile and electronic mail), and hours of operation which shall be used to identify the nature of the business.
WINDOW LETTERING, TEMPORARY Includes, but is not limited to, lettering, graphics, designs, seasonal designs, ornamental designs, drawings, sketches, logos, writing or any other form of design, letter or character, which shall be temporary in nature to advertise a sale, special civic or public events, seasonal activity or event, which the business is a participant, subject to the provisions as set forth in Article X of this chapter.
YARD, FRONT An open unoccupied space, extending the full width of the lot and situated between the street line and the front building line. The depth of the front yard shall be measured at right angles to the street line. In the case of a corner lot, the "front yard" shall mean the open unoccupied space extending the full width and full depth of the lot, situated between the front street line and front building line and between the side street line and side building line closest to the side street.
YARD, REAR An open unoccupied space, extending the full width of the lot and situated between the rear lot line and the rear building line of the principal structure. The depth of the rear yard shall be measured at right angles to the rear lot line. In the case of a corner lot, the rear yard shall mean the open unoccupied space extending the width of the lot, situated between the rear lot line and rear building line of the principal structure, exclusive of the area between the side street line and side building line closest to the side street, extended.
YARD, SIDE An open unoccupied space on the same lot with a principal building, extending from the front yard to the rear yard and situated between the side lot lines and the side building line. The side yard shall be measured at right angles to the side lot line.
