APPEAL - A request for a review of the Floodplain Manager's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING A designated AO, AH, or VO Zone on a community's Flood Insurance Rate Map with a one-percent or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
AREAS OF SPECIAL FLOOD-RELATED EROSION HAZARD The land within a community which is most likely to be subject to severe flood-related erosion losses. After a detailed evaluation, the special flood-related erosion hazard area will be designated a Zone E on the Flood Insurance Rate Map.
BASE FLOOD The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
COASTAL HIGH-HAZARD AREA An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.
DEVELOPMENT Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
ELEVATED BUILDING A nonbasement building built, in the case of a building in a area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water, and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high-hazard "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
EROSION The process of the gradual wearing away of land masses.
FLOOD OR FLOODING A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters; and/or
B. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOODPLAIN MANAGEMENT REGULATIONS Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOOD-RELATED EROSION The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by unusually high water level in a natural body of water, accompanied by a severe storm, or by unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
FLOOD-RELATED EROSION AREA OR FLOOD-RELATED EROSION PRONE AREA A land area adjoining the shore of a lake or other body of water which, due to the composition of the shore line or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion.
FLOOD-RELATED EROSION AREA MANAGEMENT The operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.
HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in States without approved programs.
LOWEST FLOOR The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreation vehicle.
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
PRIMARY FRONTAL DUNE A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves from coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope.
RECREATIONAL VEHICLE A vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the longest horizontal projections;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REFERENCE FEATURE The receding edge or bluff or eroding frontal dune, or if such a feature is not present, the normal high-water line or the seaward line of permanent vegetation if a high-water line cannot be identified.
SAND DUNES Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
SIXTY-YEAR SETBACK A distance equal to 60 times the average annual long-term recession rate at a site, measured from the reference feature.
START OF CONSTRUCTION For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE A walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
THIRTY-YEAR SETBACK A distance equal to 30 times the average annual long-term recession rate a site, measured from the reference feature.
VARIANCE A grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.
CAFRA CENTERS, CORES OR NODES Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
CAFRA PLANNING MAP The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
COMPACTION The increase in soil bulk density.
CORE A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be a county planning agency or a county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT The New Jersey Department of Environmental Protection.
DESIGNATED CENTER A state development and redevelopment plan center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DEVELOPMENT The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, "development" means any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
DRAINAGE AREA A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOOD A neighborhood designated by the Urban Coordinating Council in consultation and conjunction with the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.
ENVIRONMENTALLY CRITICAL AREAS An area or feature which is of significant environmental value, including, but not limited to, stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EROSION The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT Any development that provides for ultimately disturbing one or more acres of land or increasing impervious coverage by 1/4 acre or more "Disturbance," for the purpose of this rule, is the placement of impervious surface or exposure and/or movement of soil or bedrock, or clearing, cutting or removing of vegetation. A project undertaken by any government agency which otherwise meets the definition of "major development," but which does not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., is a major development for purposes of this chapter. [Amended 5-21-2008 by Ord. No. 08-04]
MUNICIPALITY Any city, borough, town, township, or village.
NODE An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON Any individual, corporation, company, partnership, firm, association, the Borough of Seaside Heights, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT
(1) Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works.
(2) "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE The lot or lots upon which a major development is to occur or has occurred.
SOIL All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP The geographic application of the state development and redevelopment plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
STORMWATER RUNOFF Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA Previously developed portions of areas:
(1) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
(2) Designated as CAFRA Centers, Cores or Nodes;
(3) Designated as Urban Enterprise Zones; and
(4) Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
ACCESSORY BUILDING OR STRUCTURE A building or structure detached from and subordinate to the principal building on the same lot, the use of which is customarily incidental to that of the principal building or structure.
ACCESSORY USE A use customarily incidental and subordinate to the main use conducted on a lot, whether such accessory use shall be conducted in the main or an accessory building or structure.
ADMINISTRATIVE OFFICER The Planning Board Secretary, unless a different municipal official is designated within this chapter.
ALTERATION As applied to a building or structure, a change or rearrangement in the structural supports or other structural parts, or in the existing facilities; an enlargement, whether by a change in height, width or depth; or moving a building or structure from one location or position to another.
APPLICANT A developer submitting an application for development.
APPROVING AUTHORITY The Planning Board of the Borough of Seaside Heights, unless a different agency is designated by this chapter, when acting pursuant to the authority of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and this chapter.
BASEMENT A story partly underground and having more than 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.
BILLBOARD A sign which directs attention to a business, product, commodity, service or entertainment conducted, sold or offered elsewhere than upon the lot on which such sign is situated and designed in conjunction with the sign standards of Chapter 191.
BLOCK An area of land usually bounded by streets, railways, streams or other barriers to development, which includes within its boundaries land parcels designated by lot numbers on the Municipal Tax Maps.
BREEZEWAY A covered passageway extending between a main and an accessory building and having a permanent connection so as to be, or become, an integral part of the main building.
BUFFER An area within a property or site generally adjacent to or parallel with the property line either consisting of natural existing vegetation or created by the use of trees, shrubs or fences and used to visibly separate one use from another or to shield or block noise, lights or other nuisances. Buffers may include fences or berms as well as vegetation. All fences shall be constructed with structural elements and posts facing the property or site on which they are located.
BUILDING Any structure having a roof supported by columns, piers or walls, or having other support, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, intended for the shelter, housing or enclosure of any person or use.
BUILDING AREA The aggregate of the areas of all buildings, as defined in the definition of "building," on a tract. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING HEIGHT The vertical distance measured from the ground point determined within this chapter to the top of the roof beam. [Amended 8-4-2004 by Ord. No. 04-10]
BUILDING, PRINCIPAL A building or structure in which is conducted the main or principal use of the lot on which said building is situated, to which all other buildings and structures on the lot are accessory.
BUILDING SETBACK LINE An established line within a property defining the minimum required distance between the face of any structure to be erected and an adjacent right-of-way or street line. All yard requirements are measured to the building line. This is the line which no building or structure shall extend beyond unless otherwise provided for in this chapter.
BUMPERS Permanent devices set in each stall to block the front wheels and prevent encroachment beyond the stall space.
CANTILEVER A freestanding projection from a wall of a building or structure to support a balcony, cornice, etc.
CARPORT An open structure attached to the main building intended for the sheltering of motor vehicles and being not more than 400 square feet in area. The carport shall have no sides, unless such sides are the exterior walls of adjacent buildings or structures.
CELLAR A story partly underground and having 1/2 or more than 1/2 of its clear height below the average grade of the adjoining ground.
CERTIFICATE OF OCCUPANCY A certificate issued by the Building Inspector or other designated Construction Official of the Borough of Seaside Heights upon completion of construction, modification or alteration of a building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Planning Board and/or all other applicable requirements.
CHURCH A building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples and similar designations, as well as parish houses or rectories, convents and such accessory uses. The word "church" shall exclude, however, buildings or uses for residential, educational, burial, recreational or other purposes not normally associated with worship.
CONDITIONAL USE A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization therefor by the Planning Board.
CORNER LOT Any lot fronting on two or more streets.
COUNTER A board or table in commercial establishments behind which the vendor stands and upon which goods are displayed or consumed or monetary transactions made.
CURB CUT The opening along the curbline at which point vehicles may enter or leave the roadway.
CURB LEVEL The elevation of the curb as established. The center-line elevation of the street at the midpoint of the lot.
DENSITY The permitted number of dwelling units per gross area of land to be developed.
DEPTH OF LOT The mean distance between front property line and rear property line.
DEVELOPMENT The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law or this chapter.
DRAINAGE EASEMENT An easement required for the installation of storm sewers or drainage ditches and/or required for the preservation or maintenance of a natural stream, watercourse or other drainage facility.
DWELLING, SINGLE-FAMILY A detached residential structure designed to provide living facilities, including kitchen, for one family only. [Amended 12-20-2006 by Ord. No. 06-21]
DWELLING UNIT [Amended 12-20-2006 by Ord. No. 06-21]
A. APARTMENT UNIT - A dwelling unit which includes living space, sleeping space, storage space, a kitchen and at least one full bathroom.
B. HOTEL or MOTEL UNIT - A temporary dwelling unit for transient use having limited or no storage space and at least one, full bathroom.
C. ROOMING HOUSE UNIT - A dwelling unit that consists of only one room, having a common bath, living and cooking facilities shared by multiple units.
FENCE An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FINAL APPROVAL The official action of the Planning Board taken on a preliminarily approved major subdivision or site plan, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FLOATING HOME Any vessel used, designed or occupied as a permanent dwelling unit, business office or source of any occupation or for any private or social club of whatsoever nature, including but not limited to a structure constructed upon a barge primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored or docked within the corporate limits of the Borough of Seaside Heights, whether such vessel is self-propelled or not, and whose volume coefficient is greater than 3,000 square feet. "Volume coefficient" is the ratio of the habitable space of a vessel measured in cubic feet and the draft of a vessel measured in feet of depth.
FLOATING HOME MARINA That area within the Borough of Seaside Heights covered by any waterway within the Borough where one or more sites or locations are rented or offered for rent, sold or offered for sale for the location of floating homes.
FRONT YARD An open space existing between the property line upon which a building fronts and the front setback line and running entirely across the lot to the two side property lines.
GARAGE, PRIVATE A building used, intended or suitable as an accessory to a dwelling unit which provides for the storage of one or more motor vehicles, but not exceeding three such motor vehicles, and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLIC Any garage other than a private garage, available to the public, operated for gain and which is used for the equipping, adjusting, storage, rental, repair, greasing, washing, polishing or other cleaning and servicing of automobiles or other motor vehicles, including the supplying of gasoline or oil or other fuel for vehicular propulsion. This term shall include gasoline filling and motor vehicle service stations, but shall not be construed to include motor vehicle showrooms for new or used motor vehicles.
GASOLINE SERVICE STATION All areas of land and any structure thereon used for the retail sale of motor fuel, lubricants and incidental services, such as car washing and the sale, installation and repair of tires, batteries or other automobile accessories.
GROSS FLOOR AREA The sum of the gross horizontal areas of the floor or floors of any building which are enclosed and usable 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. Said areas shall be measured between the inside face of exterior walls or from the center line of walls separating two dwelling units. Said areas shall not include areas below the average level of the adjoining ground, garage space or accessory building space unless such areas are improved for residential purposes.
HOME OCCUPATION A professional or vocational activity carried on only by a full-time resident of the premises, conducted as an accessory use within the resident's dwelling or in a separate structure, which is accessory to the main building or structure, such as a garage that is located on the same site. The home occupation shall not create the need for off-street parking beyond normal residential needs, shall not generate additional motor vehicle traffic and shall not require any equipment other than that normally used in household, domestic or general office use.
HOME PROFESSIONAL OCCUPATION The office of a member of a recognized profession when conducted on residential property by the full-time resident thereof. Such occupations shall include doctors, lawyers, architects, engineers, planners, accountants, ministers, dentists and may include other recognized and licensed professional persons.
HOTEL OR MOTEL Any building containing any combination of hotel or motel units wherein use of more than 15% of such dwelling units for nontransient rentals at any given time shall constitute a nonconforming use in violation of § 246-3A of this chapter. [Added 12-20-2006 by Ord. No. 06-21]
HOUSEBOAT Any vessel not designed primarily for residential dwelling units, but designed primarily for pleasure craft, recreation and for independent navigation, whose volume coefficient is less than or equal to 3,000 square feet, and not considered a floating home in accordance with the definition of "floating home."
HOUSEHOLD PETS Those animals traditionally kept as pets, such as dogs or cats, and excluding such animals traditionally kept as livestock.
JUNKYARD Any area and/or structure used or intended to be used for the conducting and operation of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
LANDSCAPING The provision of lawns, trees, plants, stone and other natural and decorative features in order to improve the visual and climatic condition of the land.
LOT A designated parcel, tract or area of land established by plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.
LOT AREA The total horizontal 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, CORNER A parcel of land at the intersection of and fronting on two or more intersecting streets.
LOT COVERAGE The percentage of the lot area occupied by the ground area of principal and accessory buildings, structures, driveways and parking areas.
LOT DEPTH The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lines of the lot.
LOT LINE Any boundary line of a lot.
LOT WIDTH The horizontal distance between the side lot lines measured at right angles to its depth and at a point which constitutes the rear line of the required front yard space.
MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision.
MARINA A dock or base, operated for profit or to which public patronage is invited, providing moorings or marine services primarily for power yachts, launches or other watercraft other than floating homes, and which is also capable of removing any and all crafts moored within the marina, out of water for repair or as a result of emergent conditions.
NONCONFORMING LOT A lot the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance and schedules, but which, by reason of such adoption, revision or amendment, fails to conform to the present requirements of the zone in which the lot is located.
NONCONFORMING STRUCTURE OR BUILDING A structure or building the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance and schedules, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zone in which the building or structure is located.
NONCONFORMING USE A use or activity which was lawful prior to the adoption, revision or amendment of the zoning ordinance and schedules, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zone in which it is located by reason of such adoption, revision or amendment.
OPEN PORCH A roofed piazza or porch which projects beyond a main wall of a building or structure.
PARKING LOT A paved open area other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free or as an accommodation of clients or customers.
PLANNING BOARD The designated land use board of the Borough of Seaside Heights known as the "Seaside Heights Planning Board."
PRELIMINARY APPROVAL The conferral of certain rights specified herein prior to final approval after elements of the preliminary plan have been reviewed and approved.
PUBLIC GARAGE Any garage available to the public and conducted or operated for gain.
REAR YARD An open space situated between the rear property line and the rear setback line and running entirely across the lot to the two side property lines.
RESIDENTIAL DENSITY, GROSS The total number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESIDENTIAL DENSITY, NET The resulting number of dwelling units which may be or are developed on a site or lot after public access and required open space are provided.
RESTAURANT Any establishment the principal use and purpose of which is to sell food for consumption by patrons seated at a table, booth or counter on the premises.
RIGHT-OF-WAY A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or which is occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer and other similar uses and which grants the right of one to pass over the property of another.
ROOMING HOUSE Any combination of rooming house units in a building in which all units may be used for nontransient rentals at any given time. [Added 12-20-2006 by Ord. No. 06-21]
SCREENING A method of visually shielding or obscuring one structure or use from another structure or use by using walls, berms or densely planted vegetation which acts as a visual barrier and a muffler of noise.
SETBACK LINE The line beyond which a building or structure shall not extend unless otherwise provided for in this chapter.
SIGN Any sign, billboard, ground sign, wall sign, roof sign, sign painted on the exterior of a building or structure, illuminated sign, projecting sign, temporary sign, flag, pennant or badge, which includes a visual communication of any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person, firm or corporation when the same is placed out of doors in view of the general public. This shall not include official court or public notices, the flag or an emblem or insignia of a government, a school or a religious group when displayed for official purposes, or any public traffic or directional signs.
SIGN AREA OR AREA OF SIGN The area included within the edges of the sign or within the outer edges of any frame attached thereto, whichever is greater. Where the sign has no clearly defined frame or edge, the "sign area" or "area of a sign" shall be defined by and in terms of four sides (straight sides) which most closely outline such sign or frame.
SIGN, DIRECTIONAL Any sign which indicates on-site traffic flow or access which carries no advertising message.
STORY That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between any floor and the ceiling next above it. A split-level story shall be considered a 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 as the uppermost story of a building in which a sloping roof replaces the upper part of the wall.
STREET Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by this act, or which is shown 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 includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STRUCTURE 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, including among other things buildings, stadia, reviewing stands, platforms, stagings, observation towers, radio towers, tanks, trestles, open sheds, shelters, fences over six feet in height and display signs. [Amended 6-7-2000 by Ord. No. 2000-11]
TRANSIENT RENTAL A rental for 90 days or less to a tenant having a permanent residence elsewhere. [Added 12-20-2006 by Ord. No. 06-21]
USE Any purpose or activity for which land, a building or other structure is designed, arranged or intended or for which it is or may be occupied or maintained.
ZONING OFFICER The officially established Zoning Officer of the Borough of Seaside Heights.