This chapter may be cited and referred to as the 1979 Borough
of Neptune City Zoning Ordinance.
The purpose of this chapter is to adopt a comprehensive Zoning
Ordinance for the Borough of Neptune City 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. 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 this borough.
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 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" indicates a mandatory requirement and the term "may"
indicates a permissive action.
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.
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.
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 limitations the following:
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.
Any change, relocation or rearrangement of any supporting
members, exterior walls, or roof of any existing building.
A story partly underground but having less than 1/2 its height
below finished grade.
Any dwelling in which more than one person is housed or lodged
for hire with or without meals. A lodging house, rooming, or furnished
rooming house shall be deemed a boarding house; but a nursing rest,
or convalescent home shall not be deemed a boarding house. A home
for the sheltered care of adult persons as defined by N.J.S.A. 30:11A-1
shall not be considered a boarding house, nor permitted under this
chapter. The housing of outpatients from institutions shall not be
permitted in this borough in any zone.
A body art establishment shall be defined to include, but
not limited to, the following uses and/or activities, either alone
or in combination as defined by N.J.A.C. 8:27-1.3 and as same shall
be amended and supplemented from time to time: 1) body piercing; 2)
tattooing; 3) branding; and 4) permanent cosmetics.
[Added 11-25-2002 by Ord.
No. 2002-21A]
A landscaped area designed to act as a visual screen between
a potentially unsightly or otherwise undesirable or incompatible use
and adjacent properties.
Any structure having a roof supported by columns, piers,
or walls and intended for the shelter, housing or enclosure of persons,
animals or chattel.
The percentage of the lot area taken on a horizontal plane
at the main grade level by principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
[Amended 2-25-2002 by Ord. No. 2002-08]
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the building exclusive of chimneys and similar structures.
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.
A building in which is conducted the main or principal use
of the site on which it is situated.
Shall mean a designated location either operated by a licensed
retailer for adult use or a permit holder for dispensing medical cannabis
for which both a State and local endorsement has been obtained, that
is either (1) an indoor structurally enclosed area of the cannabis
retailer for adult use or permit holder that is separate from the
area in which retail sales of cannabis items for adult use or the
dispensing of medical cannabis occurs; or (2) an exterior structure
on the same premises as the cannabis retailer or permit holder, either
separate from or connected to the cannabis retailer or permit holder,
at which cannabis items or medical either obtained from the retailer
or permit holder, or brought by a person to the consumption area may
be consumed.
[Added 5-10-2021 by Ord. No. 2021-04]
Shall mean any licensed person or entity that purchases or
otherwise obtains usable cannabis from cannabis cultivators and cannabis
items from cannabis manufacturers or cannabis wholesalers, and sells
these to the consumers from a retail store, and may use a cannabis
delivery service or a certified cannabis handler for the off-premises
delivery of cannabis items and related supplies to consumers. A cannabis
retailer shall also accept consumer purchases to be fulfilled from
its retail store that are presented by a cannabis delivery service
which will be delivered by the cannabis delivery service to that consumer.
This person or entity shall hold a Class 5 Cannabis Retail license.
[Added 5-10-2021 by Ord. No. 2021-04; amended 7-25-2022 by Ord. No. 2022-10]
A story partly underground and having more than 1/2 its height
below the average level of the finished grade.
A line of unobstructed vision from a point 4 1/2 feet
above the centerline of a street or alley to the nearest point on
the top of an object four inches high of the same centerline.
A parcel of land as part of the development of townhouse
units permitted in the Single Family Residential/Townhouse Zone District
that has been designated and built for the use or enjoyment of residents
and/or owners of the development and their guests. Common open space
may contain such nonresidential recreational structures, improvements
and landscaping as are necessary or appropriate for use by the residents
or for the maintenance of the common elements and/or as may be permitted
by the Code of the Borough of Neptune City and approved by the Planning
Board or Reviewing Board.
[Added 7-6-1981; amended 8-26-1985 by Ord. No. 8-1985; 8-24-1987]
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 the Zoning Ordinance, and upon the issuance of an
authorization therefor by the Land Use Board.
[Amended 2-25-2002 by Ord. No. 2002-08]
A building, or portion thereof, providing complete living
facilities for one family.
A building designed for or occupied by three or more families
living independently from each other in separate dwelling units.
A detached building designed for or occupied exclusively
by one family.
A building designed for or occupied exclusively by two families
living independently of each other in separate dwelling units.
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.
Any number of individuals related by blood, marriage, or
adoption and their domestic employees, living together as a single
housekeeping unit, and sharing rooms and other housekeeping facilities
in common; or not more than two unrelated persons occupying a single
nonprofit dwelling unit subject to the same conditions.
A structure 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.
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:
Accepted practices of soil husbandry, and the harvesting of
crops in connection with farming.
Forestry and wood production, excluding open storage or mill
structures.
Flower and vegetable gardening, outdoor plant nurseries.
Bridges, roads, utility installations, and the like.
Temporary storage of material or equipment not to exceed 30
days.
Public parks.
Surface parking, open residential uses, open fencing and similar
minimal obstructions subject to the provisions of this chapter.
The total enclosed floor area of a building 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. Habitable floor area shall be computed as follows:
Habitable floor area shall be considered as such only if the
ceilings and walls are covered.
Ground floor area shall be considered as the overall dimensions
of the dwelling exclusive of porches, garages, patios and cellars.
Second floor areas shall be considered as floor area only where
the side walls are at least four feet in height over a finished floor
and reach a ceiling height of at least seven feet.
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 not less than seven
feet.
A building used as an accessory to the main building which
provides for the storage of motor vehicles and in which no occupation,
business, or services for profit are carried on.
Any building other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
lubrication, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
A multiple family dwelling or building not exceeding two
stories in height, and containing four or more independent dwelling
units.
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor vehicle fuel and oil and other
lubricating substances, including any sale of motor vehicle accessories,
and which may include facilities used or designed to be used for polishing,
greasing, washing, spraying, dry cleaning or otherwise cleaning or
servicing such motor vehicles.
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.
HOME OCCUPATIONAn accessory use of a service character, customarily conducted entirely within the dwelling by a member of the residential family which occupies not more than 30% of the gross floor area of the dwelling and does not change the character or display or result in any exterior evidence of such secondary use, other than a permitted identification sign. Such occupations as dressmaker, tailor, milliner, typist, instructor in violin, piano or other individual musical instrument, which offer direct personal instruction or services on an individual basis, shall be deemed to be a home occupation. For the purposes of this chapter, this shall mean no more than the accommodation of one individual at any one time on the premises.
HOME PROFESSIONAL OFFICEThe office of a member of a recognized learned profession as hereinafter indicated when conducted by a member of the residential family entirely within a residential building and shall include only the office of a doctor, lawyer, architect, engineer, and similar learned professional occupations herein restricted, provided that not more than two persons, not resident on the premises, shall be employed upon the premises. The office shall not occupy more than the equivalent of 30% of the gross floor area of the dwelling. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Studios for dancing instructions, band instrument or voice instruction in groups, tea-rooms, tourist homes, beauty parlors, barber shops, hairdressing and manicuring establishments, real estate offices, mortuary establishments, biological or other medical testing laboratory and stores, trades or businesses of any kind not herein excepted shall not be deemed to be home professional offices.
No such home professional office or home occupation shall require
any exterior alterations of the principal building.
There shall be no exterior evidence of said home professional
office or home occupation whether visual or audible, or detectable
by human sense of smell or sense of feeling except that one small
nameplate sign may be displayed in the front yard. Such sign shall
not exceed two square feet in area on any one side; and such sign
may be illuminated only by a non-flashing incandescent or fluorescent
light of sufficient wattage to illuminate only the fact of the sign.
An institution providing health services under the supervision
of licensed physicians, primarily for human inpatients, medical and
surgical care for the sick or injured, and including related facilities,
central service facilities, and staff officers which are an integral
part of the facilities.
A building containing 12 or more rooms used, rented out,
or hired out for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building.
The use of more than 200 square feet of any lot for the storage,
keeping or abandonment of junk, including scrap metals, used or second-hand
materials, equipment or automobiles or boats not in operating condition
or other vehicles or machinery or parts thereof.
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 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.
A lot at the junction of and fronting on two or more intersecting
streets. All lot lines that front on a street shall be considered
front lot lines. The lot lines or lines generally parallel to the
architectural rear of the building shall be considered the rear lot
line or lines.
[Amended 2-25-2002 by Ord. No. 2002-08]
The percentage of lot occupied by all impervious surfaces
and buildings, including paved and gravel surfaces, steps, walkways,
porches, pools, patios, etc.
[Amended 2-25-2002 by Ord. No. 2002-08]
The distance between the front and rear lot lines, measured
from the center of each.
That portion of a lot extending along a street line. In the
case of a corner lot each street line shall be considered lot frontage.
[Amended 2-25-2002 by Ord. No. 2002-08]
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.
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.
The treatment or processing of raw products, and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
A dwelling unit, factory-built and factory-assembled, designed
for conveyance after fabrication, on streets and highways on its own
wheels or on flatbed or other trailers, and arriving at the site where
it is to be occupied as a dwelling unit complete and ready for occupancy,
except for minor and incidental unpacking and assembly operations
such as located on jacks or other foundations, or connection to utilities.
A prefabricated home or structure shall not be included in definition.
A mobile trailer camp is any land and premises where the owner, lessee
or person, firm or corporation having control thereof, shall offer
parking sites by lease, contract agreement or otherwise, for trailers,
camp care to trailer coaches.
Trailers, camp care or trailer coaches are any vehicles,
whether self-propelled or otherwise, used or intended for use as a
conveyance upon public streets or highways, and so designed, constructed,
reconstructed or added to by means of accessories in such manner as
to permit the occupancy thereof as a dwelling or sleeping place for
one or more persons, or as living and business quarters combined,
and having no foundation other than wheels, jacks or skirtings so
arranged as to be integral with or portable by such trailer, camp
cars or trailer coach.
A hotel providing individual entrances from the exterior
of the building to each unit and providing parking spaces convenient
to each individual entrance.
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.
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.
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.
A building in which more than one room or an area exceeding
400 square feet is used for accommodation, reception or treatment
of the aged or sick who are residents therein excluding members of
the residents' family. (See also, BOARDING HOUSE.)
A single building or group of office buildings, planned,
developed, owned and managed as a unit for professional or general
business use.
The area required for the parking of one automobile which
for the purpose of this chapter is held to be an area as set forth
in the Site Plan Review Ordinance of the Borough of Neptune City.
[Amended 2-25-2002 by Ord. No. 2002-08]
The primary or main purpose for which a lot or building is
being utilized.
A professional office shall include offices of a recognized
professional licensed by the State of New Jersey, including but not
limited to doctors, lawyers, accountants, engineers, architects and
other similar professions which require a comparable degree of training,
education and experience.
Names (1) public parks, playgrounds, trails, paths, and other
recreational areas; (2) other public open spaces; (3) scenic and historic
sites; and (4) sites for schools and other public buildings and structures.
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.
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.
An establishment at which food is sold for consumption on
the premises to patrons seated within an enclosed building.
An eating establishment at which provision is made for eating
food commodities and serving non-alcoholic beverages for consumption
in motor vehicles parked at the premises or by pedestrian or vehicular
traffic, and non-alcoholic beverages are sold for consumption on the
premises to patrons seated within or outside an enclosed building
and also available for consumption in motor vehicles parked at the
premises or by pedestrian patrons and for take-away by pedestrians
or vehicular traffic.
A building line parallel to a street line delineating the
minimum required front yard area depth between the street line and
any building.
[Added 6-22-1998 by Ord. No. 1998-17]
A sexually oriented business shall be defined to include,
but not limit, the following uses and/or activities, either alone
or in combination:
A commercial establishment which as one of its principal business
purposes offers for sale, rental or display any of the following:
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Books, magazines, periodicals or other printed material, or
photographs, films, motion pictures, video cassettes, slides or other
visual representations which depict or describe a "specified sexual
activity" or "specified anatomical area"; or still or motion picture
machines, projectors or other image-producing devices which show images
to one person per machine at any one time, and where the images so
displayed are characterized by the depiction of a "specified sexual
activity" or "specified anatomical area"; or instruments, devices,
or paraphernalia which are designed for use in connection with a "specified
sexual activity"; or
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A commercial establishment which regularly features live performances
characterized by the exposure of a "specified anatomical area" or
by a "specified sexual activity" or which regularly shows films, motion
pictures, video cassettes, slides or other photographic representations
which depict or describe a "specified anatomical area" or a "specified
sexual activity".
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For the purpose of this definition: (i) "Person" shall mean
an individual, proprietorship, partnership, corporation, association,
or other legal entity; (ii) "Specified anatomical area" shall mean
less than completely and opaquely covered human genitals, pubic region,
buttock or female breasts below a point immediately above the top
of the areola or human male genitals in a discernible turgid state,
even if covered; and (iii) "Specified sexual activity" shall mean
the fondling or other erotic touching of covered or uncovered human
genitals, pubic region, buttock or female breasts or any actual or
simulated act of human masturbation, sexual intercourse or deviate
sexual intercourse.
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A group of commercial establishments, or building planned,
developed, owned and managed as a unit related in location, size and
type of shops to the trade area which it serves.
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.
Standards (1) regulating noise levels, glare, earthborne
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 (2) as required by applicable federal and state laws
or borough ordinances.
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.
The line determining the limit between the highway of the
public (the public right-of-way) and adjoining private property.
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, fence, walls, signs, radio towers,
swimming pools, light stanchions, platforms, and mobile homes.
A structure erected upon a property or an accessory to a
residential building on the same lot therewith, and providing recreational
facilities for swimming or wading for the use of the persons residing
on the premises and their nonpaying guests.
A public or privately owned structure providing recreational
facilities for swimming or wading for the use of the membership of
any private or quasi-public group, club or organization or for paying
occupants, tenants or guests.
A low, swampy area adjoining tidal rivers, subject to periodic
flooding including lands mapped by appropriate state and federal agencies.
A parcel of land intended for or containing a townhouse structure
that may be conveyed to a purchaser.
[Added 7-6-1981; Amended 8-26-1985 by Ord. No. 8-1985; 8-24-1987]
A dwelling unit designed for occupancy by one family attached
by a common party wall to similar dwelling units with each dwelling
unit extending from foundation to roof and having individual access
and no interior rooms or hallways shared with other dwelling units.
No residential dwelling unit shall be located in a cellar or basement.
[Added 7-6-1981; amended 8-26-1985 by Ord. No. 8-1985; 8-24-1987]
A residential structure containing at least four and not
more than eight attached single family townhouse units.
[Added 7-6-1981]
An area designed for or used for the accommodation of two
or more wheeled vehicles or portions thereof, in use as or capable
of use as dwelling facilities which are commonly known as house trailers
or mobile homes.
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.
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.
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.
