[Amended 7-12-1988 by Ord. No. 88-14-369]
This chapter shall be known and cited as the "Zoning Ordinance
of the Borough of Pine Beach."
This chapter is enacted in accordance with the provisions of
the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey
1975, (See N.J.S.A. 40:55D-1 et seq.) and the amendments thereof and
supplements thereto, in order to:
A.
Protect the public health, safety, morals and general welfare with
due consideration for the character of the zones and their particular
uses, all in accordance with the objectives, principles and standards
of sound planning.[1]
B.
Lessen and, where possible, prevent traffic congestion on public
streets and highways.
C.
Secure safety from fire, panic and other dangers.
D.
Prevent the overcrowding of land and buildings.
E.
Avoid undo concentration of population.
F.
Regulate the height, design, appearance, number of stories and size
of buildings and other structures, the size of yards, courts and open
spaces and the location and use of buildings, structures and land
for commercial trade, industry, residence or other purposes.
G.
Protect and enhance the established character and the social and
economic well-being of both private and public property within the
limits of the Borough of Pine Beach.
H.
Effectuate the provisions of the Master Plan duly adopted by the
Planning Board of the Borough of Pine Beach, the terms of this chapter
having been found to be consistent therewith, including those provisions
of the Master Plan relating to affordable housing.
[Added 7-12-1988 by Ord.
No. 88-14-369]
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements to serve the aforesaid
purposes and the community development objectives hereinafter set
forth.
A.
Where the provisions of this chapter impose greater restrictions
or higher standards than those of any statute, other ordinance or
regulation, the provisions of this chapter shall govern. Where the
provisions of any statute, other ordinance or regulation impose greater
restrictions or higher standards than this chapter, the provisions
of such statute, ordinance or regulation shall govern.
B.
Wherever the requirements of this chapter or parts of this chapter
are inconsistent with all or parts of other ordinances of the Borough
of Pine Beach, the more stringent of the two requirements shall apply.
This chapter may be amended, changed, modified or repealed in
the manner provided by Chapter 291 of the Laws of New Jersey 1975,
Sections 49 through 51. (See N.J.S.A. 40:55D-62 through 55D-64.)
[Amended 10-12-2022 by Ord. No. 2022-09-799]
A.
Unless otherwise expressly stated, the words and phrases listed in
this chapter shall be construed throughout this chapter to have the
meanings therein indicated. The singular shall include the plural,
and the plural shall include the singular.
[Amended 4-14-1992 by Ord. No. 92-05426]
B.
ACCESSORY STRUCTURE
ADDITION
ADMINISTRATIVE OFFICER
ADULT BOOKSTORE OR THEATER
ALTERATION
ANIMAL CARE FACILITY
APARTMENT
APARTMENT HOUSE
APPLICANT
APPLICATION FOR DEVELOPMENT
APPURTENANT STRUCTURE
ATTIC
BANNER
BASE FLOOD ELEVATION
BASEMENT
BILLBOARD
BOARD OF ADJUSTMENT
BOROUGH
BOROUGH COUNCIL
BUILDABLE AREA
BUILDING
BUILDING HEIGHT
BUILDING PERMIT
BUILDING, EXISTING
BUILDING, PRINCIPAL
BUILDING, SITE
BULK STORAGE
BUSINESS OFFICE
CANTILEVER
CARPORT
CELLAR
CERTIFICATE OF OCCUPANCY
CHANGE OF USE
CHURCH
COAH
COMMON OPEN SPACE
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
COMPLETE APPLICATION
CONDITIONAL USE
CONSTRUCTION EQUIPMENT
CORNER LOT
CORRIDOR
COUNTY MASTER PLAN
COUNTY PLANNING BOARD
CURB LEVEL
DAYS
DECK
DENSITY
DEVELOPER
DEVELOPMENT
DEVELOPMENT FEES
DEVELOPMENT PERMIT
DEVELOPMENT REGULATION
DEVELOPMENTALLY DISABLED
DRAINAGE RIGHT-OF-WAY
DWELLING
(1)
(2)
(3)
EASEMENT
EDUCATIONAL USE
EQUALIZED ASSESSED VALUE
EROSION
ESSENTIAL SERVICES
FAMILY
FENCE
FENCE, OPEN
FINAL APPROVAL
FINAL PLAT
FLOODPLAIN, FLOODWAY AND FLOOD HAZARD AREA
FLOOR AREA
FLOOR AREA RATIO
GARAGE
GARAGE, PRIVATE
GARAGE, PUBLIC
GOVERNING BODY
GRADE, FINISHED
HABITABLE SPACE
HEIGHT, STORY
HISTORIC SITE
HOTEL
IMPERVIOUS SOIL
IMPERVIOUS SURFACE
IMPROVED STREET
INFILTRATION
INTERIOR STREET OR ROAD
JUDGMENT OF REPOSE
LIVESTOCK
LOADING SPACE
LOT
LOT AREA
LOT COVERAGE
LOT DEPTH
LOT FRONTAGE
LOT LINE
(1)
(2)
(3)
(4)
(5)
LOT WIDTH
LOT, INTERIOR
MAINTENANCE GUARANTY
MAJOR SITE PLAN
MAJOR SUBDIVISION
MANUFACTURING
MASTER PLAN
MINOR SUBDIVISION
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)
MOBILE HOME
MOBILE HOME PARK
MOTEL; MOTOR COURT; MOTOR HOTEL
MOTOR VEHICLE REPAIR GARAGE
MOTOR VEHICLE SERVICE STATION
MUNICIPAL AGENCY
MUNICIPALITY
NONCONFORMING STRUCTURE
NONCONFORMING USE
NURSERY SCHOOL
OCCUPANCY
OCCUPANCY PERMIT
OFF-SITE
OFFICIAL COUNTY MAP
OFFICIAL MAP
ON-SITE
ON-TRACT
OPEN SPACE
OWNER
PARKING AREA, PRIVATE
PARKING AREA, PUBLIC
PARKING SPACE
PATIO
PERFORMANCE GUARANTY
PERMIT
PERSON
PLANNING BOARD
PLANNING BOARD ENGINEER
PLAT
PRELIMINARY APPROVAL
PRELIMINARY FLOOR PLANS AND ELEVATIONS
PREMISES
PRIMARY OR PRINCIPAL USE
PROFESSIONAL OFFICE/PROFESSION
PROHIBITED USE
PUBLIC AREAS
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
QUORUM
REPAIR
REQUIRED
RESTAURANT
RESTAURANT, DRIVE-IN
RESUBDIVISION
ROOF
SCREENING
SETBACK
SETBACK LINE
SIGN
SITE
SITE PLAN
(1)
(2)
(3)
STORY
STORY ABOVE GRADE
STREET
STREET LINE
STRUCTURE
SUBDIVIDER
SUBDIVISION
SUBSTANTIVE CERTIFICATION
SWIMMING POOL, PRIVATE
TRANSCRIPT
USE
USE GROUP
USE, ACCESSORY
VARIANCE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
The following words and terms shall have the meanings indicated herein,
unless otherwise expressly stated in the sections in which these terms
are utilized:
[Amended 7-10-1990 by Ord. No. 90-09-398]
A building the use of which is incidental to that of the
main building and which is located on the same lot.
An extension or increase in floor area or height of a building
or structure.
The Planning Board Secretary for matters under the jurisdiction
of the Planning Board.
An establishment having as a substantial or significant portion
of its stock-in-trade, books, magazines, periodicals, photographs
or films which are distinguished or characterized by their emphasis
on matters depicting, describing or relating to items determined pursuant
to N.J.S.A. 2C:34-2 and 2C:343 to be obscene materials or obscene
films.
[Added 5-12-1992 by Ord.
No. 92-07428]
As applied to a building or structure, a change or rearrangement
in the structural supports; a change in the exterior appearance; a
change in height, width or depth; moving a building or structure from
one location or position to another; or changing, adding to or removing
from or otherwise affecting the exterior appearance of a building
or structure.
Veterinary clinics, hospitals, boarding and training kennels,
pounds and similar facilities operated either as commercial facilities
or on a nonprofit basis.
The same as "dwelling unit."
The same as "dwelling, multiple."
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit as outlined in this chapter.
A device or structure attached to the exterior or erected
on the roof of a building designed to support service equipment or
used in connection therewith or for advertising or display purposes
or other similar uses.
The space between the ceiling beams of the top story and
the roof rafters.
A sign having characters, letters or illustrations applied
to cloth, paper or fabric of any kind, with only such material for
backdrop.
The elevation, based on mean sea level, of a flood that has
a 1% or greater chance of occurrence in any given year as established
by the Federal Insurance Administration of the Department of Housing
and Urban Development and as shown on the Flood Insurance Rate Maps
of the Federal Insurance Administration.
That portion of a building which is partly or completely
below grade.
A structure utilized for advertising an establishment, an
activity, a product, a service or entertainment, which is sold, produced,
manufactured, available or furnished at a place other than on the
property on which said sign is located.
The Zoning Board of Adjustment of the Borough of Pine Beach.
The Borough of Pine Beach.
The Borough Council of the Borough of Pine Beach.
That central portion of any lot between required yards and/or
setback lines.
Any structure used or intended for supporting or sheltering
any use or occupancy. Each portion of a building completely separated
from other portions by fire walls shall be considered a separate "building."
The vertical distance measured from the crown of the road
directly opposite the center of the front lot line to the top of the
highest roof beams of a flat roof or the mean level of the highest
gable or slope of a hip roof.
In the case of a lot with multiple front yards, the building
height is measured from the crown of the road in which the front door
of the building is facing.
The maximum building height will be twenty-five (25) feet,
unless otherwise indicated in the “Schedule of Uses and Requirements
Chapter 175-57.”
In flood zone areas as established by FEMA, the height elevations
shall be measured from the base flood elevation or advisory base flood
elevation, whichever is more restrictive, plus one (1) foot.
[Amended 10-12-2022 by Ord. No. 2022-09-799]
A permit issued for the alteration or erection of a building
or structure in accordance with the provisions of the ordinances of
the Borough of Pine Beach.
Any structure erected prior to the adoption of the appropriate
code or one for which a legal building permit has been issued.
A structure in which is conducted the principal use of the
site on which it is situated. In any district, any dwelling shall
be deemed to be a "principal building" on the lot on which it is located.
The area occupied by a building or structure, including the
yards and courts required for light and ventilation and such areas
that are prescribed for access to the street.
The stockpiling or warehousing of materials, which may or
may not be enclosed within a structure, including but not limited
to sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,
metal, concrete and insulation.
A business establishment which does not offer a product or
merchandise for sale to the public, but which offers a service to
the public. However, personal services, such as barber- and beauty
shops, and repair services are excluded from this definition.
A projecting bracket or beam fastened on one end only and
designed to bear a weight or structure where supports cannot be placed
or are not desired.
A covering or roof to allow the parking of automobiles underneath.
With the exception of supports, there shall be no sides unless such
sides are the exterior wall of an adjacent building.
A story wholly or partly underground and having more than
1/2 of its clear height below the average level of the adjoining ground.
A certificate issued upon completion of construction and/or
alteration of any building or the change in occupancy of a commercial
or industrial building. Said certificate shall acknowledge compliance
with all requirements thereto granted by the Planning Board and/or
all other applicable requirements.
An alteration by change of use in a building heretofore existing
to a new use group which imposes other special provisions of law governing
building construction, equipment or means of egress.
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. This shall include
chapels, congregations, temples and other similar designations, as
well as parish houses, convents and such accessory uses.
The New Jersey Council on Affordable Housing.
[Added 9-10-1997 by Ord.
No. 97-10-508]
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. This space may contain
such complementary structures and improvements as are necessary and
appropriate for the use or enjoyment of residents and owners of said
development.
Any community residential facility housing up to 16 developmentally
disabled persons, which provides food, shelter and personal guidance
for said persons who require assistance, temporarily or permanently,
in order to live independently in the community. Such residences shall
not be considered health care facilities within the meaning of the
Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1
et seq.), and shall include but shall not be limited to group homes,
halfway houses, supervised apartment living arrangements and hostels.
An application for development which complies in all respects
to the appropriate submission requirements as set forth by the Planning
Board.
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.
The construction machinery, tools, derricks, hoists, scaffolds,
platforms, runways, ladders and all material-handling equipment, safeguards
and protective devices used in construction operations.
A lot fronting on two or more streets at their intersection.
All yards on corner lots abutting any street shall be construed as
front yards and shall be subject to the front yard setback requirements
of the zone. The remaining yards shall be considered side yards and
shall meet the side yard setback requirements of the zone.
[Amended 10-13-2010 by Ord. No. 10-10-686; 12-9-2015 by Ord. No. 15-10-734]
An enclosed passageway which limits means of egress to a
single path of travel.
A composite of the Master Plan for the physical development
of Ocean County with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the County Planning Board pursuant
to N.J.S.A. 40:27-2 and 40:274.
The Planning Board for the County of Ocean.
The officially established grade of the curb in front of
the midpoint of the front lot line.
Calendar days.
A flat-floored roofless structure, either attached or detached
and exterior to a building above natural grade.
The permitted number of dwelling units per gross area of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in the land.
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 this chapter.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH's rules.
[Added 9-10-1997 by Ord.
No. 97-10-508]
A document signed by the administrative officer which is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of this chapter or variance therefrom duly authorized by a municipal
agency.
This chapter, the Official Map Ordinance or other municipal
regulation of the use and development of land.
Experiencing a disability which originated before 18 years
of age, which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap and is attributable to mental
retardation, cerebral palsy or other conditions found by the Commissioner
of Human Services to give rise to an extended need for similar services.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A building or portion thereof designed or used exclusively
for one or more dwelling units.
DWELLING UNITA building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one family and which is entirely separated from any other "dwelling unit" in the building by vertical walls or horizontal floors, unpierced except for access to the outside or a common cellar.
DWELLING, SINGLE-FAMILYA building designed for or containing one dwelling unit.
DWELLING, MULTIPLEA building designed for or containing two or more dwelling units which are entirely separated from each other by vertical walls or horizontal floors, unpierced except for access to the outside or a common cellar.
The right of the Township, county, state, sewerage authority
or other public or quasi-public agency or their agents, servants and
employees to use the land subject to the "easement" for the purposes
specified on the plat or in the document granting the "easement."
Public, parochial or private elementary or secondary schools
duly licensed by the State of New Jersey, attendance at which is sufficient
compliance with the compulsory education requirements of the state.
The value of a property determined by the municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of building permit may be obtained by the Tax
Assessor utilizing estimates for construction cost. Final equalized
assessed value will be determined at project completion by the municipal
Tax Assessor.
[Added 9-10-1997 by Ord.
No. 97-10-508]
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
Underground gas, electrical, telephone, telegraph, steam
or water transmission or distribution systems, including mains, drains,
sewers, pipes, conduits and cables, and including normal aboveground
appurtenances reasonably necessary for the furnishing of adequate
service by public utilities or municipal or other governmental agencies
or for the public health or safety or general welfare.
One or more persons living together as a single entity or
nonprofit housekeeping unit, as distinguished from individuals or
groups occupying a hotel, club or fraternity or sorority house. The
"family" shall be deemed to include necessary servants when servants
share the common household facilities and services.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials.
A fence in which 1/2 of the area, between grade level and
the top cross-member, is open.
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.
The final map of all or a portion of the site plan or subdivision
which is presented to the Planning Board for final approval in accordance
with the provisions of this chapter.
The same as defined by the Flood Ordinance of the Borough of Pine Beach. (See Ch. 92, Flood Damage Prevention.)
The sum of the gross horizontal areas of the floor or several
floors of a building measured between the inside faces of exterior
walls. For nonresidential uses, "floor area" shall include basements,
cellars and storage areas.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
A building or structure intended or suitable for the storage
of motor-driven vehicles.
A garage used as an accessory to the main building, which
provides for the storage of motor vehicles and in which no occupation,
business or service for profit is carried on.
A garage conducted as a business. The rental of storage space
for more than two motor vehicles not owned on the premises shall be
deemed a "public garage."
The Borough Council of the Borough of Pine Beach.
The completed surfaces of lawns, walks and roads brought
to grade as shown on official plans or designs relating thereto or
as existing if no plans or designs have been approved.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
spaces are not considered "habitable space."
The vertical distance from top to top of two successive tiers
of beams or finished floor surfaces and, for the topmost story, from
the top of the floor finish to the top of the ceiling joists or, when
there is no ceiling, to the top of the roof rafters.
Any building, structure, area or property that is significant
in the history, architecture, archeology or culture of Pine Beach,
Ocean County, the State of New Jersey or the nation, and has been
designated as such by municipal, state or federal law.
A building designed for occupancy as the temporary residence
for individuals who are lodged, with or without meals, and in which
no provision has been made for cooking in an individual room or suite.
A soil through which water, air or roots penetrate slowly
or not at all. No soil is absolutely impervious to air and water all
the time.
Not allowing infiltration.
A street paved in accordance with the standards set forth
in this chapter for new streets or, alternately, a street which has
been accepted and maintained by Pine Beach, Ocean County or the State
of New Jersey.
The downward entry of water into the immediate surface or
soil or other material as contrasted with percolation, which is the
movement of water through soil layers or material.
A street or road that is developed wholly or within a parcel
under one ownership and meeting all borough standards.
A judgment issued by the Superior Court approving a municipality's
plan to satisfy its fair share obligation.
[Added 9-10-1997 by Ord.
No. 97-10-508]
All animals kept or raised for profit-making purposes, including
but not limited to animals raised for slaughter or sale, animals kept
for breeding, chickens kept for laying eggs, work animals and animals
kept for dairy products.
An off-street space for the temporary parking of a commercial
vehicle while loading or unloading. Such space must have clear means
of ingress and egress to a public street at all times.
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 acreage and/or square footage of a lot contained within
the lot lines of the property. Any portion of a lot included in a
street right-of-way shall not be included in calculating "lot area."
Portions of lots encumbered by easements shall be included in calculating
"lot area." No portion of a lot below the mean high-water line shall
be included in "lot area."
The area of a lot covered by buildings and expressed as a
percentage of the total lot area.
The shortest distance between the front lot line and a line
drawn parallel to the front lot line through the midpoint of the rear
lot line, provided that in triangular lots having no rear lot line,
the distance shall be measured to the midpoint of a line parallel
to the front lot line, which shall be not less than 10 feet in length
measured between its intersections with the side lot lines.
[Amended 10-13-2010 by Ord. No. 10-10-686]
The horizontal distance of lot lines or portions thereof
which are coexistent with a street line. In the case of a street with
undefined width, said lot lines shall be assumed to parallel the center
line of the street at a distance of 50% of the statutory street right-of-way
width therefrom.
[Amended 5-10-2006 by Ord. No. 06-07-635]
A line dividing one lot from another or from a street or
public place.
LOT LINE, FRONTA lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
LOT LINE, INTERIORAny lot line other than one adjoining a street or public place.
LOT LINE, REARThe lot line most distant and generally opposite and parallel from the front lot line.
LOT LINE, SIDEAny lot line other than a front or a rear lot line.
LOT LINE, CORNER LOTSAll lot lines that are coexistent with street lines and along with the street frontage shall be considered front lot lines. The remaining lot lines which intersect front lot lines shall be considered side lot lines.
The shortest distance between the side lot lines measured
at the setback line.
[Amended 10-13-2010 by Ord. No. 10-10-686]
A lot which faces on one street or with opposite sides on
two streets.
Any security which may be accepted by the municipality for
the maintenance of any improvements required by development regulations,
except that cash may not be required.
Any site plan not classified as a minor site plan or exempt
site development.
Any subdivision not classified as a minor subdivision.
The treatment or processing of raw products and the production
of articles or finished products from raw or prepared material by
giving them new forms or qualities.
A composite of one or more written or graphic proposals for
the development of the Borough of Pine Beach.
[Amended 5-10-2006 by Ord. No. 06-06-634]
Any subdivision resulting in not more than three lots, including
the remainder of the original lot, all lots fronting on an existing
improved street and not involving any new street or road, provided
that the following conditions have been met:
That the subdivision does not require the extension of municipal
facilities at the expense of the borough.
That the subdivision and construction resulting therefrom will
not adversely affect drainage patterns or the basin in which the lots
are situated.
That the subdivision will not adversely affect the development
of the remainder of the parcel or of the adjoining property.
That the subdivision is not in conflict with any provision or
portion of the Master Plan, the Official Map or the borough.
That no portions of the lands involved have constituted a part
of a minor subdivision within two years preceding the application.
That the subdivision conforms to the requirement of Ch. 92, Flood Damage Prevention.
The Planning Board may classify consolidations of lots and resubdivisions
to readjust lot lines as "minor subdivisions," regardless of the number
of lots involved.
A vehicle used or so constructed as to permit its being used
as a licensed conveyance upon the public streets or highways and constructed
in such a way as will permit its use as a residence, office, business
or for storage, also to include trailers, automobile trailers, house
trailers and trailer coaches used as offices, residences or accessory
structures for storage purposes for both residential and nonresidential
uses.
Land and premises upon which two or more mobile homes occupied
for dwelling or sleeping purposes are located. Also included in this
term are trailer parks and courts.
A hotel where each unit has convenient access to a parking
space or parking spaces for the use of the unit's occupants.
A building or portion of a building in which auto bodywork
or the overhauling or replacement of engines is conducted as a business
for profit.
Any area of land, including structures thereon, which is
used for the retail sale of gasoline or any other motor fuel and oil
and other lubricating substances, including any sale of motor vehicle
accessories.
The Planning Board or governing body of the Borough of Pine
Beach.
The Borough of Pine Beach.
A building existing at the date of the adoption of zoning
in the Borough of Pine Beach which, in the design or location upon
the lot, does not conform to the regulations of this chapter for the
zone in which it is located.
A use which occupied a building or land at the time of enactment
of zoning in the Borough of Pine Beach and which does not conform
to the regulations of the zone in which it is located.
A school designed to provide daytime care or instruction
of two or more children from two to six years of age, inclusive, and
operated on a regular basis.
The specified purpose for which land or a building is used,
designed or maintained.
The same as "certificate of occupancy."
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.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Ocean County, pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance by the Borough Council.
Located on the lot in question.
Located on the property which is the subject of a development
application or a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such "open space," provided that
such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designed
to be incidental to the natural openness of the land.
Any person, agent, firm or corporation having a legal interest
in the property.
An open area, other than a street, intended for the same
use as a private garage.
An open area, other than a street or other public way, used
for the parking of automobiles and available to the public.
An off-street space provided for the parking of a motor vehicle
with a minimum area of square feet, exclusive of driveways or access
drives.
An area of land not used for receiving and storing material
where the ground has been surfaced with construction material such
as brick, stone, cement or lumber, which does not project above grade
level and which is entirely uncovered by a roof or any superstructure.
Any security which may be accepted by the Borough Council
in lieu of a requirement that certain improvements be made before
the municipal agency approves an application for development.
An official document or certificate issued by the authority
having jurisdiction which authorizes performance of a specific activity.
Includes a corporation or copartnership as well as an individual.
The Pine Beach Planning Board established pursuant to Section
14 of P.L. 1975, c. 291. (See N.J.S.A. 40:55D-23)
The licensed New Jersey professional engineer specifically
retained by the Planning Board or assigned by the Township Engineer
with the consent of the Board to render engineering services and advice
to the Board. In the absence of the specific appointment of a Planning
Board Engineer, the Township Engineer may assume the duties of this
office.
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to Sections 34,
36 and 37 of P.L. 1975, c. 291, (See N.J.S.A. 40:55D-46, 55D-48 and
55D-49) prior to final approval after specific elements of a development
plan have been accepted by the Planning Board at a preliminary hearing.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating, in a schematic form,
its scope, scale, relationship to its site and immediate environs
and exterior colors and finishes.
A lot or tract of land or any combination thereof held under
single ownership or control.
The primary or principal purpose for which a building, structure
or lot is used.
The office of a member of a recognized profession, which
shall include but is not limited to the office of doctors, insurance
agents, ministers, architects, professional engineers, land surveyors,
lawyers, authors, accountants, real estate brokers, investment counselors,
artists and musicians.
That use which is not specifically allowed or permitted in
a particular zone and for which the granting of a variance under N.J.S.A.
40:55D-70d would be necessary in order to provide that use in that
particular zone.
Public parks, playgrounds, trails, paths, beaches and other
recreational areas; other public open spaces; scenic and historic
sites; sites for schools and other public buildings and structures.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel arid providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservational uses.
The majority of the full authorized membership of a municipal
agency.
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance.
Shall be construed to be mandatory by provisions of zoning
laws.
Any establishment at which food is sold for consumption on
the premises, but normally to patrons seated within an enclosed building.
An establishment where the majority of the patrons purchase
food or beverage for takeout or consumption on the premises, but outside
the confines of the principal building or in automobiles parked on
the premises.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or by other instruments.
The roof slab or deck with its supporting members, not including
vertical supports.
Any concentration or grouping of trees or shrubbery as may
be required by ordinance.
The horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines,
but not including decks less than 12 inches above the natural grade.
The line beyond which a building shall not extend.
A figure, character, mark, point, plane, marquee sign, design,
poster, pictorial, picture, strobe, stripe, line, trademark, reading
matter or illuminating device constructed, attached, erected, fastened
or manufactured in any manner whatsoever so that the same shall be
used for the attraction of the public to any place, subject, person,
firm, corporation, public performance, article, machine or merchandise
whatsoever, and displayed in any manner out of doors for recognized
advertising purposes.
Any plot, parcel, piece or tract of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways.
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting and
screening devices.
Any other information that may be reasonably required in order
to make an informed determination pursuant to the provisions of this
chapter requiring review and approval of site plans by the Planning
Board, adopted pursuant to P.L. 1975, c. 291. (See N.J.S.A. 40:55D-1
et seq.)
That portion of a building included between the upper surface
of a floor and upper surface of the floor or roof next above.
Any story having a finished floor surface entirely above
grade, except that a basement shall be considered as a "story above
grade" when the distance from the grade to the finished surface of
the floor above the basement is more than six feet for more than 50%
of the total perimeter.
A public thoroughfare that has been dedicated for public
use.
That line determining the limit of the highway rights of
the public, either existing or contemplated.
That which is built or constructed.
Any person or entity commencing proceedings under this chapter
to effect the subdivision of land hereunder.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following are not "subdivisions" if no new streets
are planned: divisions of property by testamentary or intestate provisions;
divisions of property upon court order; conveyances so as to combine
existing lots by deed or other instrument; the conveyance of one or
more adjoining lots, tracts or parcels of land owned by the same owner
and all of which are found certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown to be separate lots, tracts or parcels of land on the
Tax Map of Pine Beach.
A determination by the Council approving a municipality's
housing element and fair share plan in accordance with the provisions
of the Act and the rules and criteria as set forth herein. A grant
of substantive certification shall be valid for a period of six years
in accordance with the terms and conditions contained therein.
[Added 9-10-1997 by Ord.
No. 97-10-508]
A swimming pool located on a single-family lot with a residence
on it and used as an accessory to the residence, and said pool is
utilized with no admission charges and not for the purpose of profit.
A typed or printed verbatim record of the proceedings or
a reproduction thereof.
The specific purpose for which a parcel of land or a building
or a portion of a building is designed, arranged, intended, occupied
or maintained.
The classification of a building or structure based on the
purpose for which it is used as listed in Article 3 of the BOCA Code:
|
Group
|
Use
|
|---|---|
|
A
|
Assembly
|
|
B
|
Business
|
|
E
|
Educational
|
|
F
|
Factory and industrial
|
|
H
|
High-hazard
|
|
I
|
Institutional
|
|
M
|
Mercantile
|
|
R
|
Residential
|
|
S
|
Storage
|
|
U
|
Utility and miscellaneous
|
A use incidental to the principal use of a building as defined
or limited by the provisions of this chapter.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47 and Sections 29.2b, 57c and 57d of
P.L. 1975, c. 291. (See N.J.S.A. 40:55D-40b and 55D-70c and d.)
An open unoccupied space on the same lot with a building
and unobstructed from the ground to the sky.
A yard extending the full width of the lot and not less in
depth than the minimum distance required between the street line and
the front yard building setback in each zone.
A yard extending the full width of the lot between the extreme
rear line of the principal building and the rear lot line.
A yard between the principal building or attached structure
and the adjacent side line of the lot and extending from the front
yard to the rear yard.
