Definitions.
ACCESS AISLE
The traveled way by which vehicles enter and depart parking
spaces.
ACCESS DRIVE
A path or passage providing a means of approach or entrance
to a lot.
ACCESSORY STRUCTURE
A building or structure subordinate to and customarily incidental
to the principal building or structure on the same lot. Where an accessory
building is attached to the principal building, the accessory building
shall be considered a part of the principal building. A detached structure
may not become attached to the principal dwelling unless it conforms
to the principal building setbacks and coverage requirements.
ACCESSORY USE
A subordinate use, the purpose of which is customary and
incidental to that of a main use or building on the same lot(s), other
than for living space.
ALTERATIONS
Applied to a structure, means one of the following:
A.
Change or rearrangement in the structural supports;
B.
Change in height, width, depth or volume; or
C.
Moving a building or structure from one location or position
to another location or position.
APPLICANT
An individual or any other legal entity submitting an application
for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by Ordinance for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
AS BUILT PLANS OR SURVEYS
Plans or surveys indicating the precise description and location
of all completed improvements to a parcel of land.
ATTIC
The level(s) proximately below the roof of a building and
above the second story, which may be constructed or utilized for habitation.
BALCONY
A platform that projects from the wall of a building and
is bordered by a railing, balustrade or parapet.
BOAT LIFTS AND DAVIT(S)
A boat lift is a mechanical device which is utilized to elevate
a boat (of any nature or type) and to store it above the water. A
davit is a mechanical device utilized to elevate a boat (of any nature
or type) and to deposit it on land or a fixed structure. This definition
shall be construed to include any and all devices or structures utilized
to elevate or lower boats from or into abutting waters.
BUFFER
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to limit continuously the view of and/or sound
from the site to adjacent sites or properties.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
BUILDING ENVELOPE
The area of a lot within the front, rear and side setback
lines within which a building may be placed.
BUILDING HEIGHT
The vertical distance measured from the highest point of the building, excepting ordinary projections of chimneys and vent pipes, to the grade of the crown of the abutting road at the center of the lot in question. See §
30-3O.
BUILDING LINE
The front, rear, and side setback lines comprising the building
envelope beyond which a structure shall not extend unless otherwise
provided in this chapter.
BULKHEAD LINE
That line as set forth on the Riparian Atlas Sheets, New
Jersey Department of Environmental Protection, pictorially shown on
the municipal tax maps but subject to specific land surveys for proper
location.
CELLAR
A level wholly or partly underground and having more than
one-half (1/2) of its clear height below the average level of the
adjoining ground. The one half (1/2) criteria shall be determined
as an average of the cellar heights at all sides of the structure.
No portion of a cellar shall be constructed or utilized for habitation.
CERTIFICATE OF COMPLETENESS
A document issued by the Borough Zoning Officer indicating
that an application for development is complete.
CERTIFICATE OF OCCUPANCY
A document issued by the Construction Official upon completion
of construction and/or alteration of any building or the change in
occupancy of a commercial or industrial building.
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, waterways, towers, airways, pipes and conduits, and the
handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
CONSTRUCTION, COMMENCEMENT OF
The actual start of construction, repair, reconstruction,
placement, or other improvement. The actual start means either the
first placement of permanent construction of a structure on a site
such as the pouring of a slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation.
Permanent construction does not include land preparation, such as
clearing, grading and filling, nor does it include the installation
of streets and/or walkways; nor does it include excavation for a cellar,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. The time limitations of the Uniform
Construction Code shall apply to construction commenced pursuant to
the issuance of a building permit.
CORNER LOT
A lot fronting on two (2) or more streets at their intersection.
Corner lots shall have two front yards and two side yards. For development
purposes, a property owner shall be entitled to determine which front
yard shall be considered the front yard for setback purposes.
CURB
A stone, concrete or other improved boundary marking the
edge of the roadway or paved area.
DECK
An open floor-like structure, without side walls or roof
and with open joints between deck planking. Deck area shall include
stairs, walkways, patios, pool surrounding access, entrance porches,
platforms and like structures of similar construction.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DEVELOPMENT
The division of a parcel of land into two (2) or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any building or other structure, 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 or other Ordinances of the Borough.
DEVELOPMENT PERMIT
Written evidence of the approval of the Planning Board for
a subdivision, site plan, zoning variance, or other application for
land use.
DORMER
A structure which projects through a sloping roof and which
has side walls and does not extend beyond the lowest edge of the sloping
roof. A dormer shall be further defined, graphically, as presented
in "Architectural Graphic Standards", American Institute of Architects,
latest edition.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts, to induce
water recharge into the ground where practical, to lessen nonpoint
pollution, to maintain the integrity of stream channels for their
biological functions as well as for drainage, and the means necessary
for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of storm water sewers
providing for the flow of water therein to safeguard the public against
flood damage.
DRIVEWAY
A defined paved or unpaved surface providing vehicular access
to a street. A driveway is not a road, street, boulevard, highway
or parkway.
DUNE AREA
The area between the seaward edge of the dune and the landward
edge of the dune. The seaward edge of the dune is the intersection
line of the foreslope of the dune and the gradient of the beach area,
or the contour line at an elevation of nine (9) feet above mean high
water, or the vegetation line, or the upper driftline, whichever is
the more easterly, except when the Borough Engineer may have caused
stakes to be driven to mark the seaward edge of the dune, in which
case it is the line between such stakes. The landward edge of the
dune is the intersection line of the backslope of the dune and the
grade of the land extending from the east boundary of New Jersey Route
35 or East Avenue eastwardly, or the line joining the average landward
edge of the dune of the adjoining oceanfront properties, or a line
parallel to and sixty (60) feet west of the seaward edge of the dune,
whichever is the more westerly.
DWELLING
Any building or portion thereof designed or used exclusively
for one (1) or more dwelling units.
A.
DWELLING UNIT
A building or part thereof having cooking, sleeping and sanitary
facilities designed for or occupied by one (1) 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.
C.
DWELLING, TWO-FAMILY
A building designed for or containing two (2) 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.
ENTRANCE PORCH
An unroofed open area attached to or part of the entrance
to a building.
EROSION
The detachment and movement of soil, sand or rock fragments
by water, wind, ice or gravity.
ESSENTIAL SERVICES
Underground gas, electrical, telephone, telegraph, or water
transmission or distribution systems, including mains, drains, sanitary
sewers, pipes, conduits and cables; and including normal aboveground
appurtenances, such as fire alarm boxes, police call boxes, light
standards, poles, traffic signals, hydrants and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate service by public utilities and municipal
and other governmental agencies and for the public health, safety,
and general welfare of the inhabitants of Mantoloking.
EXCEPTION
A permitted departure from certain requirements for site
plan and design approval.
EXISTING GRADE
The surface elevation of the land prior to the start of any
land disturbance associated with any planned development project which
is used to determine allowable heights of pools, decks, fences and
accessory structures.
FAMILY
One (1) or more persons living together as a bona fide single
non-profit housekeeping unit as distinguished from a commercial residence,
non-familial institutional use, boarding house, rooming house, fraternity,
sorority, club, hotel or an assemblage of persons organized and existing
principally to share the expense of occupancy.
FENCE
A combination of materials forming an enclosure, or portion
thereof, of an open area and designed to prevent straying from within
or intrusion from without the enclosure or to provide a visual barrier.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminarily
approved site plan or subdivision after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
FINAL PLAT
The final map of all or a portion of a site plan or subdivision
which is submitted to the Planning Board for final approval in accordance
with the provisions set forth in this chapter, and which, if approved,
shall be filed with the proper County Recording Officer.
FLOOD HAZARD AREA
The Borough of Mantoloking is within a Flood Hazard Area as indicated on the official Flood Insurance Rate Maps (FIRM) of the Borough of Mantoloking, Ocean County, New Jersey, most recently issued and approved by the National Flood Insurance Program, Federal Emergency Management Agency, as the same may, from time to time, be amended by the National Flood Insurance Program in accordance with the procedure provided by law. See Chapter
23, Flood Damage Prevention.
FLOOR AREA
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, include customer facilities, showcase facilities, storage
and sale facilities.
GAMBREL ROOF
A curb roof of the same section in all parts with a lower
steeper slope and an upper flatter one.
GARAGE
An enclosed building used as an accessory to the main building which provides for storage of motor vehicles and other items. A garage may not be constructed or utilized for habitation. Garages are accessory structures and shall be constructed to comply with FEMA standards. In a "V" zone area as delineated on the Borough's Flood Insurance Rate Map, construction of garages shall be consistent with FEMA guidelines as described in FEMA Technical Bulletin 9-99 for flood resistance and impacts, and as further described in this chapter in §
30-3N.
GRADE
The elevation of the surface of lawns, walks and roads brought
to grade as shown on official plans or designs related thereto, or
already in existence.
HABITABLE FLOOR
A floor of the dwelling that is code compliant at the time
of construction. It could include living space, mechanical spaces
or rooms, elevators, laundry rooms, hallways and the like. A covered
porch is included as part of the habitable floor. Open uncovered decks,
exterior stairs, and exterior landings are not included in the habitable
floor calculations. If parking is not integrated underneath the first
habitable floor, an attached garage must be two (2) stories tall for
it to be considered part of the first habitable floor. The second
story of an attached garage may be utilized for habitation.
HABITATION
The act of using a dwelling for living, sleeping, eating,
and cooking, all under one contiguous roof. A dwelling used for habitation
shall have facilities necessary for all such purposes. Cellars, unimproved
attic space, and garages may not be used for habitation.
HALF STORY
The space under a sloping roof above the second habitable
story where the floor area of (finished living space) with headroom
of seven (7) feet or more occupies less than thirty-three and one-third
(33 1/3%) percent of the floor area of the second story below. This
definition shall be consistent with the current definition for a "habitable
attic" as contained in the UCC (Uniform Construction Code) requirements.
HARDSCAPING
Any non-living components of a yard or landscape, including
paver walkways or patios and the like, asphalt, concrete, and all
else placed on or in the surface of the land.
IMPERVIOUS AREA
That portion of a lot which is covered by impenetrable or
impermeable material, including but not limited to any type of cement,
asphalt, bricks, pavers or similar materials which will impede or
limit the penetration of water to the substrata. Gravel, crushed stone,
lawns or other vegetation shall not be deemed impermeable. Pavers
set in sand or fine stone shall be calculated at eighty (80%) percent
for lot coverage purposes.
IMPERVIOUS COVERAGE, TOTAL
The maximum lot area which may be covered by buildings, structures,
areas under roofs, awnings or eaves, decks, swimming pools, or impervious
areas. The total impervious coverage for all lots in all zones is
forty-five (45%) percent.
LAND
Real property which includes improvements and fixtures on,
above or below the surface.
LANDING
An area of a floor near the top or bottom step or a stair.
An intermediate landing is a small platform that is built as part
of the stair between the main floor levels and is typically used to
allow stairs to change directions, or to allow the user to rest. A
landing is limited to approximately the width of the stairs by approximately
the same dimension for the depth of the landing. Any "landing platform"
that would be greater than one (1) foot more than the width of the
stairs would be considered to be a "deck" in accordance with the definitions
contained in this chapter. See illustration attached.
LOT
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.
LOT AREA
Lot area consists of the acreage or square footage of a lot
contained within the lot lines of the property. Barnegat Lane, as
presently constructed, incorporates a portion of the area of some
abutting lots into the paved roadway. To the extent necessary to achieve
minimum area compliance, the paved portion of the lot shall be included
in lot area and lot coverage calculations. However, lot area covered
by paved roadway infrastructure within the lot property limits need
not be included as part of the impervious area in the calculation
of lot coverage.
LOT COVERAGE
A.
That portion of the lot covered by impervious surfaces, i.e.,
the ratio of the total area of all impervious surfaces to the lot
area. Including
(1)
All area under a solid roof, whether or not the area is enclosed
with walls (i.e., entrance porches, balconies, breezeways, carports,
etc.);
(3)
Impermeable or impervious areas;
(4)
The total area under a permanent awning that has leg supports
or extends more than three feet out from a building.
(5)
When a roof eave or other type of roof extension is more than
two and one-half (2 1/2) feet out from a building, the area extending
more than two and one-half (2 1/2) feet out from the building.
(6)
Decks which are more than eight (8) inches above existing grade.
B.
Lot coverage does not include Decks which are less than eight
(8) inches above existing grade; Swimming pools; Areas covered with
gravel, crushed stone, lawns or other vegetation. Steps and stair
platforms over a permeable area up to two hundred (200) square feet
in area in both front and rear yards and seventy-five (75) square
feet in only one (1) side yard area.
LOT DEPTH
The average horizontal distance between the front and rear
lot lines.
LOT FRONTAGE
The horizontal distance of lot lines or portions thereof
which are coexistent with a street line. In the case of a street of
undefined width, the lot lines shall be assumed to parallel the center
line of the street at a distance of fifty (50%) percent of the statutory
street right-of-way width.
LOT LINE
Any line designating the extent or boundary of a lot which
shall be further defined as follows:
A.
FRONT LOT LINE
A lot line or portion thereof which is coexistent with a
street line or a line defined in the definition of Yard, Front.
B.
REAR LOT LINE
The lot line most distant and generally opposite the front
lot line.
LOT WIDTH
The shortest distance between the side lines measured through
the midpoint of a line parallel to the front line or street line located
at a distance from the street line (or front lot line) equal to one-half
(1/2) the required lot depth or one-half (1/2) the actual lot depth;
whichever is less. On corner lots, one (1) front lot line shall be
considered a side lot line for the purpose of determining lot width
and setbacks.
MAINTENANCE GUARANTEE
Any security which may be accepted by the Borough for the
maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
MEAN HIGH WATER LINE
The line found by the intersection of a plane at the elevation
of Mean High Water with the existing slope of the beach.
MOBILE HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a Land Use Ordinance,
but which fails to conform to the requirements of the zone in which
it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a Land Use
Ordinance, but which fails to conform to the requirements of the zone
in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of a Land Use Ordinance, but which fails to
conform to the requirements of the zone in which it is located by
reason of such adoption, revision or amendment.
OFF-STREET PARKING SPACE
A storage area for a motor vehicle that is directly accessible
to an access aisle and that is not located within a dedicated street
right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on the closest half (1/2) of the abutting street or
right-of-way.
ON-SITE
Located on the lot in question and excluding any abutting
street or right-of-way.
ON-TRACT
Located on the property which is the subject of a development
application or on the closest half (1/2) of an abutting street or
right-of-way.
OWNER
An individual, firm, association, syndicate, copartnership,
corporation, trust or other entity having sufficient legal or equitable
interest in a parcel of land to commence and maintain proceedings
for development or subdivision under the provisions of this chapter.
PARKING SPACE
An off-street space provided for the parking of a motor vehicle
with an area of nine (9) feet wide and eighteen (18) feet long, excluding
abutting or adjacent passageways and driveways.
PARTIAL DESTRUCTION
The demolition or destruction of a structure (regardless
of whether the act was intentional or inadvertent) which results in
no less than two (2) complete walls and a foundation remaining.
PERFORMANCE GUARANTEE
Any security which may be accepted by the Borough of Mantoloking,
including but not limited to surety bonds, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
PLANNING BOARD
The combined Planning and Zoning Board of Adjustment of Mantoloking
Borough.
PLAT
A map or maps of a site plan or subdivision.
PORCH
A structure that is attached to a building and extends from
the walls of the dwelling. It may be enclosed, but must have a roof
and/or ceiling and floor.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of a development plan
have been agreed upon by the Zoning Officer or the Planning Board
and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared early in order to delineate
the introductory stages of the design of a project illustrating in
a schematic form, its scope, scale and relationship to the site and
immediate surroundings.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the
site plan or subdivision which is submitted for consideration by the
Zoning Officer or the Planning Board for the purpose of receiving
tentative approval and meeting the requirements of this chapter.
PRINCIPAL USE
The primary or main purpose for which a building lot is being
utilized.
PROFESSION
The office of a member of a recognized profession which shall
include, but is not limited to, the offices of doctors or physicians,
dentists, optometrists, ministers, architects, professional engineers,
land surveyors, lawyers, artists, authors, and real estate brokers.
PUBLIC AREA
Public areas shall include:
A.
Public parks, playgrounds, trails, paths and other recreational
areas;
B.
Other public open spaces;
C.
Scenic and historic sites; and
D.
The sites of public buildings and structures.
PUBLIC DRAINAGE WAY
The land reserved or dedicated for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
RUNOFF
Rainfall or other accumulations of water that are not absorbed
directly by soil or sand.
SATELLITE DISH ANTENNA
Any signal receiving device (dish antenna or dish type antenna),
the purpose of which is to receive communication or other signals
from a satellite in the earth's orbit and/or other extraterrestrial
sources. Satellite dish antenna also refers to "ground stations" and
"earth stations" and includes accompanying apparatus including, but
not limited to, a grounding rod and coaxial cable.
SCREENING
Any dense grouping of trees or shrubbery for the purpose of providing a continuous view obstruction within a site or property. The type of vegetation to be used in screening shall be at the discretion of the Zoning Officer. See §
30-38.
SEDIMENTATION
The deposition of soil and sand that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
SETBACK
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.
SETBACK LINE
The line beyond which the building envelope shall not extend.
SIDEWALK
A way for carrying pedestrian traffic.
SIGN
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.
SITE IMPROVEMENT
Any construction work on, or improvement in connection with,
residential development limited to streets, roads, parking facilities,
sidewalks, drainage structures, and utilities.
SITE PLAN
A development plan of one (1) or more lots on which is shown:
A.
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterways;
B.
The location of all existing and proposed buildings, decks,
pools, fences, drives, parking spaces, walkways, means of ingress
and egress, drainage facilities, utility services, landscaping, structures
and signs, lighting and screening devices;
C.
Any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning Board adopted pursuant
to N.J.S.A. 40:55D-1 et seq.
SKETCH PLAT
The sketch map of a site plan or subdivision of sufficient
accuracy to be used for the purpose of discussion and classification,
meeting the requirements of this chapter.
SNIPE SIGN
A sign which is tacked, nailed, posted, pasted, glued, painted
or otherwise applied or attached to trees or other natural features,
poles, stakes, fences, vehicles, trailers or to other objects with
the message appearing thereon not applicable to the present use of
the premises or structures upon which such sign is located.
STEP (STAIRS)
A structure to provide access to the first floor level of
a dwelling or deck or stair platform.
STOOP
An open area attached to or part of the entrance to a building
which may or may not include steps.
STORY
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 no floor above it, then the space between the floor and the ceiling
next above it. A cellar shall not be considered a story.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which:
A.
Is an existing State, County or municipal roadway; or
B.
Is shown upon a plat heretofore approved pursuant to law; or
C.
Is approved by official action as provided by N.J.S.A. 40:55D-1
et seq.; or
D.
Is shown on a plat duly filed and recorded in the Office of
the County Recording Officer prior to the formation of a Planning
Board and the grant to such Board as well as a grant of power to such
Board for the purpose of reviewing plats, and includes the land between
the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas within the street lines.
STREET LINE
The line determining the limit between the highway rights
of the public and adjoining private property.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
SUBDIVISION
The division of a lot, tract or parcel of land into two (2)
or more lots, tracts, parcels or other divisions of land for sale
or development. The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
A.
Divisions of property by testamentary or intestate provisions;
B.
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
C.
Consolidation of existing lots by deed or other recorded instrument;
and
D.
Conveyance of one (1) or more adjoining lots, tracts or parcels
of land, owned by the same person or persons, and all of which are
found and certified by the Zoning Officer to conform to the requirements
of the Borough development regulations and are shown and designated
as separate lots, tracts or parcels on the tax map of the Borough.
SWIMMING POOL
A structure erected on a property as 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 non-paying guests.
TENT
A collapsible shelter of fabric, flexible sheeting or film,
stretched and supported by poles and/or ropes or cables; used as a
temporary building.
USE
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 term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
VARIANCE
Permission to depart from the literal requirements of this
chapter.
WALKWAY
A paved (whether by pavers, concrete, stone or other paving
materials) or wooden structure that is no more than five (5) feet
wide and is used for pedestrian access.
WIRELESS TELECOMMUNICATIONS FACILITY
A wireless communications facility or "cell site" consisting
of radio antennae and related equipment for the purpose of providing
service to wireless communications customers.
YARD
An open space, as may be required by this chapter, on the
same lot with a building, or a group of buildings, erected thereon,
which lies between the building or group of buildings and the nearest
lot line, and is unoccupied and unobstructed from the ground upward,
except as herein permitted.
YARD, FRONT
A yard extending across the full width of the lot and lying
between the street line, dune reference line/seawall line or bulkhead
line (as defined herein), as applicable, of the lot in question and
the nearest wall or part of the building. The depth of the front yards
shall be measured at right angles to the applicable street line, dune
reference line/seawall line or bulkhead line as the case may be. The
minimum front yard depth of all lots abutting the Atlantic Ocean shall
be sixty (60) feet westwardly from that line designated dune reference
line/seawall line on the Tax Maps of the Borough. In the case of all
lots abutting on Barnegat Bay, or on the north and south lagoons,
the front yard shall be the area between any building thereon and
the bulkhead. In those cases where there is an existing bulkhead on
lots adjacent to a property without a bulkhead, the bulkhead line
shall be construed as a line in line with the adjacent existing bulkheads.
In the case of all other lots, the front yard shall be the area between
any building thereon and the street line. For corner lots, the property
owner may choose which yard abutting a street shall be considered
the front yard; except if a lot abuts Route 35 and either East Avenue,
Barnegat Lane, Bay Avenue or Runyon Lane, the front yard of such lot
shall be the area between any building on the lot and the Borough
Street.
YARD, REAR
A yard extending the full width of the lot between the extreme
rear line of the principal building and the rear lot line.
YARD, SIDE
An open unoccupied space between the side line of the lot
and the nearest wall of the building. The width of a side yard shall
be measured perpendicular to the side line of the lot. In cases where
the lot abuts on either the Atlantic Ocean, Barnegat Bay or the north
and south lagoons, and a street which runs generally east and west,
the side yard shall be the area between any building and such street.
ZONING OFFICER
The duly appointed Administrative Officer of the Borough
of Mantoloking.
ZONING PERMIT
A document signed by the Zoning Officer which:
A.
Is required by chapter as a condition precedent of the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building; and
B.
Acknowledges that such use, structure or building complies with
the provisions of this chapter or is a duly authorized variance.