[Amended 8-20-1990 by Ord. No. 1095; 5-2-1991 by Ord. No. 1104; 9-3-1998 by Ord. No. 1230; 5-11-2005 by Ord. No. 1363; 5-24-2006 by Ord. No.
1388; 9-1-2009 by Ord. No. 1488]
Any word or term not defined shall be used with a meaning of
standard usage for the context in which the word is used, except those
words and terms defined in the Municipal Land Use Law, as amended,[1] shall be used in this chapter as if included in this chapter.
A subordinate use or building incidental to the principal
use or building on the same lot. An accessory use or building may
not be attached to the principal dwelling.
The Secretary of the Borough of Seaside Park Planning Board
for applications under the jurisdiction of the Planning Board, or
the Secretary of the Borough of Seaside Park Planning Board for applications
under the jurisdiction of the Planning Board, unless a different municipal
official is designated by this chapter to administer certain responsibilities
and authorities specified for the administrative officer in N.J.S.A.
40:55D-1 et seq.
[Amended 12-27-2012 by Ord. No. 1613]
Designs, situations, or existing features creating or leading
to unsafe, unsatisfactory or noncomplying conditions such as a layout
inconsistent with the zoning regulations; insufficient off-street
parking; inadequate utilities, such as water, drainage, shade trees,
and sewerage; infringement upon land subject to flooding and not in
compliance with the floodplain regulations of this chapter; and the
creation of conditions leading to soil erosion by wind or water from
excavation or grading; all as set forth in N.J.S.A. 40:55D-38 and
measured against the design and performance standards of this chapter.
A dwelling unit in a building having two or more dwelling
units.
The application or appeal forms and all accompanying documents
required by this chapter for the approval of a subdivision plat; site
plan, conditional use, zoning variance or direction for the issuance
of a permit pursuant to the requisite statutes.
The Planning Board unless a different agency is designated
in this chapter pursuant to the Municipal Land Use Law such as the
Planning Board under certain variances and the court for certain exempt
subdivisions.
[Amended 12-27-2012 by Ord. No. 1613]
Land and building providing for the sale of fuel, lubricants
and automotive accessories and for maintenance and minor repairs for
motor vehicles, excluding body repairs and the storage of inoperable
and wrecked vehicles.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
A membership establishment, not available for use by the
general public, providing for recreational and social activities related
to and in close proximity to the beach.
[Added 12-8-2016 by Ord.
No. 1718]
A private room planned and intended for sleeping, containing
a closet, separated from other rooms by a door, and accessible to
a bathroom without crossing through another bedroom.
Any type wall which is not part of the structural support
of the building and which is designed to break away under abnormally
high tides or wave action without damage to the structural integrity
of the building on which it is used or any buildings to which it might
be carried by floodwaters.
Any structure or extension thereof or addition thereto consisting
of a combination of materials to form a construction having a roof,
supported by such things as columns, posts, piers or walls and adapted
to permanent, temporary, or continuous occupancy intended for the
shelter, business, housing or enclosing of persons, animals or property.
The area of a lot covered by buildings measured around the
periphery of the further most projection of the exterior walls.
The vertical distance to the highest point of the building
measured from the elevation of the top of the curbline along the front
of the lot.
The permit required prior to occupancy or use of any building
or lot to verify that the use and structure comply with the applicable
ordinances of the Borough.
Those instances where an existing or new occupant moves into
a building or unto a lot and uses the building or lot for a purpose
other than the existing use.
The area subject to high-velocity waters, including but not
limited to hurricane wave wash or tsunamis. The area is designated
on the Flood Insurance Rate Map as Zone VI-30.
Land or water, or a combination, together with improvements
within or related to a development and designed and intended for the
use or enjoyment of residents of the development. Common property
includes common open space and may contain such complementary structures
and improvements as are necessary and appropriate for its use or enjoyment.
Water area shall not be included in calculating the number of permitted
units.
Submission of an application form and checklist, completed
by the applicant, together with all accompanying documents required
by this chapter for review by the approving authority.
An exterior floor system supported on a least two opposing
sides by an adjoining structure and/or post piers or other independent
supports.
The permitted number of dwelling units per gross acre of
land developed, or in the case of hotels and motels, density shall
mean the permitted number of rooms per square feet of land area. Land
area shall not include any portion of a street right-of-way, utility
easement, or water surface area. In calculating the permitted number
of units for a tract, fractional results shall be rounded to the nearest
whole number, e.g., 0.499 or less shall be reduced while 0.50 or more
shall be increased.[2]
A detached building containing one dwelling unit. A boat
or houseboat is not considered a dwelling.
A room or series of rooms containing living, cooking, sleeping
and sanitary facilities.
Areas reserved for public or private fishing, and accessory
buildings in support of those activities.
[Added 12-8-2016 by Ord.
No. 1718]
A structure not more than 16 feet in height nor greater than
576 square feet, that is accessory to a single or two-family dwelling
that is used for the parking and storage of vehicles owned and operated
by the residents thereof for personal use, and is not a separated
commercial enterprise available to the general public.
The total floor area measured around the outside of the building
at each story. If sharing a common wall, the area shall be measured
from the center of the interior walls and the outside of the exterior
walls.
Any space usable for living purposes which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A space used only for storage purposes is not habitable space.
A space under a sloping roof that has the line of intersection
of the roof and wall face not more than three feet above the floor
level and in which space the possible floor area with headroom of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath.
Any man-made material, including but not limited to bituminous
concrete, portland cement concrete, asphaltic, metal or wood roofing,
sheet plastic, concrete paver blocks and/or natural materials, including
but not limited to clay, slate, and wood, which due to placement prevents
the natural absorption and percolation of precipitation and or water
from other sources into the ground and soil. Sheet plastic laid below
stone, wood mulch or other normally pervious materials shall be considered
impervious. The use of pervious geotextile fabrics that permit the
absorption and percolation of water through them to the surrounding
soils shall not be deemed impervious. For purposes of this chapter,
the surface area of decks constructed with wood or composite decking
planks spaced a minimum of 1/4 inch apart and open to exposed soils
below same shall not be considered impervious area.
[Amended 8-26-2021 by Ord. No. 2021-20]
An off-street berth on the same lot as the building being
served for the temporary parking of a vehicle while loading or unloading.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The total area within the lot lines of a lot, excluding any
street rights-of-way.
On corner lots, the setback from both streets (or from all
three streets if the lot extends through the block to the next street)
shall be considered a front yard. The remaining setbacks shall be
considered side yards and dealt with under the definition of "yard,
side" and not "yard, rear."
The area of a lot covered by buildings and impervious material.
The average distance measured from the front lot line to
the rear lot line generally parallel to the side lot line. In the
case of a corner lot, the lot depth will be measured from each front
lot line. One may be 50% of the required lot depth.
The shortest, straight, horizontal distance between the side
lot lines measured between the points where the side lot lines intersect
the street line. The minimum lot frontage shall be the same as the
lot width except that on curved streets with an outside radius of
less than 500 feet, the lot frontage may be reduced to not less than
75% of the required minimum lot width.
Any line, including the street line, forming a portion of
the boundary of a lot.
The shortest, straight line distance between side lot lines
measured between the points on each side lot line located at the minimum
setback from the street right-of-way.
Any subdivision not classified as a "minor" or "exempt" subdivision, or by virtue of § 200-22 is exempt.
A facility for the storing, berthing and securing of boats.
A subdivision of land that does not adversely affect the development
of the remainder of the tract or any adjoining property, including
a resubdivision of property into the same number of lots through an
adjustment of existing property lines, provided the subdivision or
resubdivision does not involve:
Approval of a minor subdivision shall be deemed final approval
and as such shall be prepared in accordance with the final plat requirements.
A lot or structure, whose area or size, respectively, or
their dimensions or locations, and a use or activity, any or all of
which were lawful prior to the adoption of this chapter or any of
its amendments, and does not now conform to the requirements of the
zone in which it is located.
A place for the transaction of business where reports are
prepared and records kept but where no retail sales of goods are offered
and where no manufacturing, assembling or fabricating takes place.
Improvements to accommodate conditions generated by the proposed
development, including but not limited to new improvements and extensions
and modifications of existing improvements. "Off-site" means located
outside the lot lines of the lot in question but within the property
(of which the lot is a part) which is the subject of a development
application or contiguous portion of a street or right-of-way. "Off-tract"
means not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
A portion of roof or wall that extends beyond the facade
of a structure. An unsupported overhang shall not protrude more than
24 inches beyond the building facade. No component of the overhang
shall be located at an elevation lower than the top of the first floor.
Unsupported overhangs shall not be utilized as habitable space or
storage.
The off-street area measuring not less than nine feet in
width and 18 feet in length required for the parking of a motor vehicle
Any security which may be accepted by the Borough, including
cash, provided that the Borough shall not require more than 10% of
the total performance guarantee in cash.
Any use of land or buildings permitted by this chapter.
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. For the purpose
of this chapter, "place of worship" includes, but is not limited to,
churches, chapels, congregations, cathedrals, synagogues, temples,
mosques as well as parish houses, convents, and such accessory uses.
[Added 12-8-2016 by Ord.
No. 1718]
The map(s) of a subdivision or site plan.
The plat of all or a section of the development submitted
for final approval. If approved as a subdivision, it shall be filed
with the County Recording Officer within the required time, otherwise
the approval shall be void. Minor and exempt subdivision and site
plan approval shall be deemed final approval and the plats shall be
submitted to comply with final plat requirements.
The plat submitted for the purposes of discussion.
The plat submitted as part of the application for preliminary
approval.
The main purpose for which any lot and/or building is used.
The office of a person who is authorized by law to practice
a recognized profession whose practice is regulated by law and the
performance of which requires knowledge of an advanced type in a field
of learning acquired by a prolonged formal course of specialized instruction
and study as distinguished from general academic instruction or apprenticeship
and training. "Professional office" shall include, but not be limited
to, offices, such as the office of an accountant, architect, dentist,
engineer, insurance agent, lawyer, physician, real estate broker,
and surgeon.
A trailer, camper, van, motorized vehicle or other type of
vehicle designed to be towed or to be powered by its own engine and
designed and intended for temporary occupancy.
A commercial establishment where food and drink are prepared,
served and consumed. Restaurant uses may also provide limited and
incidental music and entertainment. As used in this chapter, a "restaurant"
also includes a fast food restaurant.
The total width and length of the course of a street, watercourse,
utility alignment, or other way and within, under or over which all
improvements and rights of access are confined.
The area in a hotel, motel, rooming house or boardinghouse
which is separated from other areas by walls, and is space used for
temporary, meaning a period of time not to exceed 14 days, living
quarters by transient guests, meaning individuals who have established
permanent residency elsewhere, in which there are associated sanitary
facilities and closet area but in which there shall be no cooking
facilities and no eating areas.
Naturally occurring accumulations of sand ridges or mounds
landward of the beach.
The horizontal distance away from a lot line or street right-of-way.
A line parallel to a street line or lot line beyond which
any part of a structure is not permitted to project. The minimum yard
requirements shall be the minimum required setbacks.
An accessory structure or building, not more than 10 feet
in height and not greater than 100 square feet, used exclusively for
storage purposes.
A triangular area at the quadrants of street intersections
where unobstructed visibility is maintained along the intersecting
streets.
Any announcement, display, or illustration placed to be seen
from any street or public way.
A requirement that the minor and major site plan be approved
by the approving authority prior to the issuance of a zoning permit,
building permit, or a certificate of occupancy.
The following applications shall not require site plan approval:
Construction or expansion of a single- or two-family dwelling
and their accessory uses.
Signs conforming to the requirements of this chapter.
Construction or expansion of any building or structure where
the addition will not exceed 10% of the gross floor area and where
the nonbuilding site improvement coverage will not be increased by
more than 1,000 square feet. These increases shall be measured against
the most recent site plan approval granted for the project. Any such
construction or expansion shall conform with the following additional
requirements:
That it does not require modification of the essential elements
of the existing layout, including but not limited to vehicular or
pedestrian traffic flows, drainage or access;
[Amended 10-28-2010 by Ord. No. 1544]
That is does not involve the granting of any variances or change
in use;
That the property which is the subject of the development plan
has previously been granted site plan approval; and
That the property which is the subject of the development plan
does not have a lot line adjacent to the right-of-way of NJ State
Highway Route 35, a.k.a., Central Avenue.
Construction or expansion that does not increase the present
number of uses or dwelling units located on the property or within
any building.
Individual commercial uses in the Boardwalk Zone or, as they are commonly called, "amusement stands," that are licensed by either the state or the Borough shall be eligible for exemption without regard to the gross floor area requirements of Subsection C above.
All site plans for new developments and those not defined
as exempt.
The examination of the specific development plans for a lot.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is not a floor above it, then the space between the floor and the
ceiling next above it and including basements used for the principal
use.
The edge of the street right-of-way forming the dividing
line between the street and the lot and shall be either the existing
or future right-of-way whichever is wider as shown on an adopted master
plan or official map, or as required by this chapter.
A combination of materials to form a construction for occupancy
or use, whether installed on, above, or below the surface of a parcel
of land.
[Amended 7-25-2013 by Ord. No. 1632]
See § 200-22.
A commercial establishment where alcoholic beverages are
served, primarily by the drink, for on-premises consumption. Tavern
uses may also provide limited and incidental music and entertainment.
As used in this chapter, "tavern" does not include nightclub where
dancing and/or entertainment is a principal activity.
One or more lots. Existing streets, utility easements, and
water surface area shall not be included in calculating the area of
the tract for the purposes of determining permitted lot coverage,
the maximum floor area of a nonresidential use, or the permitted number
of dwelling units or motel units.
An open space extending between the closest point of any
building and a lot line or street line. In an apartment, townhouse
or other development where more than one building may be erected on
a lot, yards shall also be the open space extending between structures,
and between structures and interior streets. All yard dimensions shall
be measured horizontally and at right angles to either a straight
street line, lot line, or building facade, or perpendicular to the
point of tangent of curved lines and facades. The minimum distance
between buildings in developments where there is more than one building
on a lot shall be the sum of the two yards of the structures and in
no event shall two structures be closer to one another than the sum
of both side yards. Where an interior street or drive passes between
buildings, the required yards shall be in addition to the street or
drive.
The area extending across the full width of a lot between
the street line and the building, and, for apartments, townhouses,
or other development where more than one building may be erected on
a lot, the front yard shall be measured from the designated front
of the building to an imaginary line a designated distance away from
the front of the building.
The open space extending across the full width of the lot
between the rear lot line and the building, and, for apartments, townhouses,
or other developments where more than one building may be erected
on a lot, the rear yards shall be measured from the designated rear
of the building to an imaginary line a designated distance away from
the rear of the building.
An open space extending from the front yard to the rear yard
and lying between each side lot line and the building. The side yard
for apartments, townhouses, or other developments where more than
one building may be erected on a lot shall be measured from the designated
side of the building to an imaginary line a designated distance away
from the side of the building.
