[Ord. No. 350 § 1]
This chapter may be cited and referred to as the Land Use and
Development Regulations of the Borough of Interlaken.
[Ord. No. 350 § 2]
The purpose of this chapter is to adopt a comprehensive Zoning
Ordinance for the Borough of Interlaken pursuant to appropriate statutory
authority including the Municipal Land Use Law, Chapter 291, Laws
of 1975, and pursuant to the Master Plan as adopted to accomplish,
without limitation, the following goals pursuant to N.J.S.A. 40:55D-2:
For the purpose of encouraging the most appropriate use of the
land throughout the Borough and to conserve the value of property
with reasonable consideration for the character of the zone and its
peculiar suitability for particular uses; all in accordance with a
comprehensive plan designed to provide a well-balanced and stable
economic structure; control the rate and direction of growth; lessen
congestion in the streets; secure safety from fire, panic, and other
damages; promote the health, morals and general welfare; provide adequate
light and air; prevent the overcrowding of land; avoid undue concentration
of population; and to the end, to regulate the height, design, appearance,
number of stories and size of buildings and other structures; the
percentage of the area of the lot that may be occupied, the size of
the yards, courts and other open spaces; the density of population
and the location of particular uses; and the height, size and location
of these uses within the limits of the Borough.
[Ord. No. 350 § 3]
For the purpose of this chapter unless the context clearly indicates
a meaning to the contrary, the following applies:
a.
Words used in the present tense shall include the future tense.
b.
Words used in the singular shall include the plural, and conversely
words used in the plural shall include the singular.
c.
The word "shall" indicates a mandatory requirement and the term "may"
indicates a permissive action.
d.
The word "lot" shall include the word "plot" or "premises."
e.
The word "used" shall include the word "intended to be used," "designed
to be used" or "arranged to be used."
f.
The word "occupied" shall include the words "intended to be occupied,"
"designed to be occupied" or "arranged to be occupied."
g.
The word "person" shall include a corporation as well as an individual.
h.
Whenever a question of interpretation arises, reference is hereby
made to the definitions that appear in the Municipal Land Use Law,
Chapter 291, Laws of 1975, N.J.S.A. 40:55D-1 et seq.
[Ord. No. 350 § 4; Ord. No. 2007-3 § 3; Ord. No. 2007-9 § 2; Ord. No. 2009-3 § 1; Ord. No. 2009-8 § 1; Ord. No. 2015-3]
As may be set forth in the Municipal Land Use Law, Chapter 291,
Laws of 1975, N.J.S.A. 40:55D-3 through N.J.S.A. 40:55D-7, including
without limitation the following:;
Shall mean a building structure or use subordinate to and
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 dimensions.
Shall mean any change, relocation or rearrangement of any
supporting members, exterior walls, or roof of any existing building.
Shall mean a portion of a building partly underground but
having less than 1/2 of its height below finished grade.
Shall mean a landscaped area designed to act as a visual
screen between a potentially unsightly or otherwise undesirable or
incompatible use and adjacent properties.
Shall mean any structure having a roof supported by columns,
piers, or walls and intended for the shelter, housing or enclosure
of persons, animals or chattel.
Shall mean the proportion of the building area on a lot,
expressed as a percent, that is covered by the maximum cross section
footprint at ground level of buildings or structures, including accessory
buildings, exclusive of steps from the building or structure to the
ground.
Shall mean the vertical distance measured from the street
level to the highest point of the roof. For the purposes of this calculation,
the street level shall be a horizontal line from the crown of the
road the mid-point along the frontage facing the architectural front
of the building of the property in question. Chimneys and similar
structures shall not be included in the calculation of building height.
[Ord. No. 2015-3]
Shall mean 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.
Shall mean a building in which is conducted the main or principal
use of the site on which it is situated.
A one-story ground level detached accessory structure with
a closed roof permitted to serve a lawfully existing and approved
inground swimming pool on a residential property to be used for recreational
or storage purposes associated with the residential use of the property.
Only one cabana is permitted per residential property.
[Added 10-19-2022 by Ord. No. 2022-6]
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In addition:
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a. A cabana shall be limited to a maximum size of
200 square feet in size.
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b. A pool cabana must be seasonal (closed for at
least 90 days) and is not permitted to have heating equipment, contain
a full-service kitchen (preparing and serving meals), or be designed
for cooking or sleeping.
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c. A deed restriction shall be filed with the Monmouth
County Clerk's office stating that the grantor and grantee specifically
represent that the cabana use will not contain heating equipment,
bedroom and/or living quarters, full-service kitchen, or be designed
for cooking or sleeping. This deed restriction is intended to prohibit
conversion to a habitable space.
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d. Cabanas shall meet the accessory setback requirements
for the zone related to the location in the yard, lot coverage, height
and setback.
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e. An adjacent landscaped area shall be provided
as a buffer to any existing adjacent residential property.
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Shall mean a portion of a building partly underground and
having more than 1/2 its height below the average level of the finished
grade.
Shall mean a line of unobstructed vision from a point four
and one-half (4 1/2) feet above the center line of a street or
alley to the nearest point on the top of an object four inches high
of the same center line.
Shall mean a detached building designed for or occupied exclusively
by one family.
Shall mean a building, or portion thereof, providing complete
living facilities for one family.
Shall mean facilities installed or maintained by a public
utility or governmental agency, including gas, electric, phone, water,
sewage, and other similar services necessary to the general health,
safety and welfare of the public.
Shall mean one or more persons, limited in number under the
applicable housing code provisions, whether related by blood, marriage,
or adoption, or unrelated, occupying a premises and living as a single
nonprofit bona fide housekeeping unit. This definition shall not include
any society, club, fraternity, sorority, association, lodge, organization
or similar group, nor shall it include any group of persons whose
use or occupancy of any dwelling is or is intended to be temporary.
As utilized herein bona fide housekeeping unit shall mean a relationship
between persons for maintaining a common household in a style generically
characterized by a stability, permanency and functionality which in
all respects, and to all outward appearances, presents a picture very
much akin to that of a traditional family.
[Ord. No. 2015-3]
Shall mean an artificially constructed barrier forming an
enclosure or separation of an open area and designed to prevent straying
from within or intrusion from without such enclosure, or to provide
a visual barrier for the purpose of assuring privacy.
[Ord. No. 2015-3]
Shall mean the area of relatively flat land adjoining a water
course and subject from an overflow of such water course, including
lands mapped by appropriate State or Federal agencies for this Borough.
No structure shall be erected or enlarged nor shall any material or
equipment be stored in a floodplain except that the following are
permitted:
Shall mean the total enclosed floor area of a building used
for residential purposes. Habitable floor area shall be computed as
follows:
Shall mean a private building used as an accessory to the
main private building which provides for the storage of motor vehicles
in a single family zone and in which no occupation, business, or services
for profit are carried on.
Shall mean 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.
Shall mean any singular accessory use or occupation conducted
for profit or not-for-profit, including any conduct involving sales
or other commercial activity which is conducted, in whole or in part,
in or about any dwelling or upon any lot or other area within the
Borough of Interlaken and which does not involve anyone who is not
a family member of the premises and which does not advertise the location
of the use or occupation to the premises, and which does not invite,
require, necessitate, result in, contemplate, create or has a reasonable
likelihood of creating, at the premises:
Any increase, whether private or commercial, in the normal pedestrian
or vehicular traffic and/or parking other than normally occurring
for a single-family residential dwelling or zone;
Any emission, odor, noise, vibration, glare, fumes, electrical
interference, other interference with radio, television or any other
communication signals, or any fluctuation in line voltages beyond
the premises;
Any change or modification in the exterior appearance of any
primary or accessory structure or premises including but not limited
to signage;
Any external visible evidence or other evidence of the conduct
of the occupation;
The existence, possession or appearance of any machinery or
equipment which are utilized or stored outside for reasons relating
to such occupation;
Any increase in sewage, solid waste or water use in excess of
what is typical in a purely residential single- family zone; or
Any hazard, either pending or threatened, to person or property,
or storage or use of hazardous materials, or other materials, or which
otherwise may be considered a nuisance.
Shall mean the total area of all surfaces impenetrable by
water, including but not limited to all paved or developed areas,
walkways, whether paved or gravel, driveways, whether paved or gravel,
patios constructed of any material, decks constructed of any material,
tennis courts constructed of any material, swimming pools, building
area (ground coverage area) and any other improved portion of the
property.
Shall mean 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.
Shall mean the size of a lot measured between the lot lines
and expressed in terms of acres or square feet, but excluding that
part of a lot included in a street right-of-way.
Shall mean a parcel of land at the intersection of and fronting
on two or more streets.
Shall mean the percentage of a lot occupied by buildings
or structures.
Shall mean the distance between the front and rear lot lines,
measured from the center of each.
Shall mean that portion of a lot extending along a street
line. In the case of a corner lot, the lot line having the shorter
distance along the street shall be considered the front lot line.
[Ord. No. 2015-3]
Shall mean any line dividing one lot from another lot or
from a public thoroughfare or a line designating the extent of existing
or intended separate parcels of land according to maps and plats of
record filed with the County, regardless of ownership.
Shall mean the horizontal distance between the side lot lines
measured at the front setback line; except with respect to lots fronting
on a cul-de-sac when it is the mean horizontal distance between the
side lot lines measured at right angles to its depth.
Shall mean a lot the area, dimension or location of which
was lawful prior to the adoption, revision or amendment date of this
zoning chapter which fails to conform with the requirements of the
zoning district in which it is located by reason of the adoption,
revision or amendment.
Shall mean 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 reasons of such adoption, revision
or amendment.
Shall mean 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.
Shall mean the primary or main purpose for which a lot or
building is being utilized.
Shall mean:
Shall mean a building line parallel to a street line delineating
the minimum required front yard area depth between the street line
and any building.
Shall mean 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.
Shall mean standards:
Regulating noise levels, glare, earthboom or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters,
explosive and inflammable matters, smoke and airborne particles, waste
discharge, screening of unsightly objects or conditions and such other
similar matters as may be required by the Borough; or
As required by applicable Federal and State laws or Borough
ordinances.
Shall mean 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 the floor and
the ceiling next above it. For the purpose of this chapter, the interior
of the roof shall be considered a ceiling. A "half story" is the area
under a gable, hip or gambrel roof, the wall plates of which on at
least two opposite exterior walls are not more than two feet above
the surface of the floor of such a story.
[Ord. No. 2015-3]
Shall mean the line determining the limit between the highway
of the public (the public right-of-way) and adjoining private property.
Shall mean any combination of materials forming a construction,
assembly or erection, the use of which require location upon the ground
or attachment to something having a location upon the ground, including
among other things, buildings, trailers, tanks, towers, walls, signs,
radio towers, swimming pools, platforms, decks, garages, and sheds.
The term "structure" shall not include below-ground utilities, fences,
curbs, sidewalks, or driveways.
Shall mean a low, swampy area adjoining tidal rivers, subject
to periodic flooding including lands mapped by appropriate State and
Federal agencies.
Shall mean an open, unoccupied space on the same lot with
a principal building, extending the 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.
Shall mean an open unoccupied space on the same lot with
a principal building, extending the full width of the lot and situated
between the rear lot line and the rear building line. The depth of
the rear yard shall be measured at right angles to the rear lot line.
Shall mean 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.
