Unless otherwise indicated or inappropriate,
words and phrases used in the present tense include the future tense;
the singular number includes the plural, and the plural the singular;
the word “lot” includes the word “plot”; the
word “building” includes the word “structure”;
the word “occupied” includes the words “designed
or intended to be occupied”; and the word “used”
includes the words “arranged, designed or intended to be used.”
The term “such as” shall be considered as indicating a
typical or illustrative situation or example rather than as being
entirely exclusive or inclusive. The term “shall” indicates
a mandatory requirement, and the term “may” indicates
a permissive action.
As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate building or use which is located on the same
lot on which the principal building or use is situated and which is
reasonably necessary and incidental to the conduct or enjoyment of
the principal building or use.
The Planning Board Secretary for matters under the jurisdiction
of the Planning Board and to whom the applications for development
is submitted; the Zoning Officer for matters concerning application
for permits under the Zoning, Site Plan, Subdivision of Land, or Land
Use Ordinances.
[Amended 12-20-2010 by Ord. No. 2010-17 (1089)]
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities; an enlargement
whether by extension of a side or by increasing in height; a change
in use from that of one district classification to another; any conversion
of a building or a part thereof; or removal of a building from one
location or position to another or demolition thereof.
A dwelling unit as defined in this chapter; a room or suite
of rooms which is designed or intended to be or is in fact used as
one dwelling unit containing at least one room and bath providing
complete living facilities for one family, including facilities or
provisions for facilities required in the storage, preparation and
serving of food.
Every building or portion thereof containing three or more
dwelling units as defined herein.
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 pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
The Planning Board of the municipality, unless a different
agency is designated by ordinance.
[Amended 6-5-1987 by Ord. No. 627]
A portion of a building partly underground and having more
than 1/2 of its height above the average level of the curb at the
front property line. In the case of oceanfront lots, “basement”
shall mean a portion of a building partly underground and having more
than 1/2 of its height above the average level of the boardwalk at
the front property line.
[Amended 12-16-1987 by Ord. No. 631]
Any structure or part thereof upon which any kind of sign
or advertising matter is used for outdoor display. This definition
shall not include bulletin boards used for governmental or church
notices or signs advertising the sale or lease of the premises on
which they are located.
That area bounded by two or more streets or waterlines which
tend to divide it from other similar areas.
The length of a street between two right-of-way lines or
bodies of water which intersect such street length.
A building arranged or used for lodging, with or without
meals, for compensation, by more than five and not more than 20 individuals
and in which no provisions are made or permitted for cooking of any
description in any bedroom or suite of rooms by the occupants thereof.[1]
The area of a lot remaining after the minimum applicable
side yard and setback requirements have been complied with.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy, whether or not enclosed
wholly or in part, having a roof supported by columns, piers or walls
or having other supports, and any unroofed structure, terrace, platform
or porch, whether or not enclosed wholly or in part, which material
or materials are 18 inches or more above the curb height at the front
property line.
[Amended 12-16-1987 by Ord. No. 631]
The total area, expressed in square feet, of the outside
dimensions of the principal building plus all accessory buildings.
[Amended 4-6-1979 by Ord. No. 441; 2-19-2013 by Ord. No.
2013-03 (1118)]
The vertical dimensions of a building measured from curb grade
to the highest point of the building, said height being taken from
the top of the curb at the center of the front or side of the building
on which the main entrance to the upper floors is located. In instances
of construction which do not abut a street, but for which approval
has been obtained pursuant to N.J.S.A. 40:55D-36, building heights
shall be measured from an elevation equivalent to the mean elevation
of the curbs on the nearest improved street to the subject premises
and the next nearest improved street of those streets running parallel
to the nearest improved street.
For elevated buildings as defined in § 31-5 elevated after the effective date of this section, buildings which are repaired or reconstructed after the effective date of this section as a result of damage of any origin sustained by a building whereby the cost of restoring the building to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred and which buildings are constructed or reconstructed so as to comply with any minimum base flood elevation as established by the Federal Emergency Management Agency or as established in Chapter 31, whichever is more restrictive, or new construction or reconstruction for which a permit is issued after the effective date of this section and which new construction or reconstruction is constructed so as to comply with any minimum base flood elevation as established by the Federal Emergency Management Agency or as established in Chapter 31, whichever is more restrictive, said building height means the height of the habitable portions of a building measured from the top of the sill plate for Zone-A-type construction to the highest point of the building and from the top of the lowest horizontal structural member for V-type construction to the highest point of the building.
The line beyond which no part of a building may be built.
An open structure of not more than 400 square feet in area,
attached to the main building and enclosed on no more than two sides,
intended for the sheltering of motor vehicles.
A portion of a building partly underground and having 1/2
or more of its height below the average level of the curb at the front
yard line of the property. In the case of oceanfront lots, “cellar”
shall mean a portion of a building partly underground, having 1/2
or more of its height below the average level of the boardwalk at
the front yard line of the property. Further, a cellar shall not be
used as living quarters. The use of a cellar is restricted to storage
and maintenance of equipment apparatus and other personal property.
[Amended 12-16-1987 by Ord. No. 631]
A certificate issued by the Building Inspector upon the completion
of the construction of a new building or alterations to an existing
building, or a certificate issued upon resale, temporary certificate
of occupancy, certifying that requirements of this chapter and other
applicable ordinances and requirements have been complied with.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, 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.
An elevated structure which may be made of materials such
as a perimeter foundation, raised deck or slab and may include steps.
Closed porches consist of exterior walls, a roof, painted drywall
interior finish, standard windows and glass, and an exterior door.
A closed porch must be attached to the principal building.
[Added 11-19-2012 by Ord. No. 2012-12 (1111)]
An open 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. Common open space may contain
such complementary structures and improvements as are necessary and
appropriate for the use or enjoyment of residents and owners of the
development.
A building for civic, social, educational, cultural and recreational
uses, not operated primarily for monetary gain.
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 Planning Board.
Development other than planned development.
A composite of the Master Plan for the physical development
of the county in which the municipality is located, 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 40:27-4.
The Planning Board of the county in which the land or development
is located.
A space either on the ground or above the ground, except
the roof, unoccupied by a building upon a lot containing a building,
and not a front yard, side yard or rear yard.
OUTER COURT- A court which extends its full width from the front or rear yard.
INNER COURT- Any court except an outer court.
WIDTH OF AN OUTER COURT- Its horizontal dimensions parallel with its principal open end.
WIDTH OF AN INNER COURT- Its lesser horizontal dimensions.
HEIGHT OF A COURT- Is to be measured from the lowest level it is required to serve up to the roof of the building served.
The elevation of the street grade as established by law;
referring to building height, meaning the greatest vertical measurement
of the building as computed from the curb grade at the center point
of the lot front.
Calendar days.
A raised platform attached to the principal building.
[Added 11-19-2012 by Ord. No. 2012-12 (1111)]
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 such 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, of land or extension of use of
land, for which permission may be required.
A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance,
Official Map Ordinance or other municipal regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to the statutes of the State of New Jersey.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
[Amended 4-6-1979 by Ord. No 441]
A portion of land utilized for ingress and egress by vehicles
of any description.
A building designed for or used exclusively for residential
purposes.
SINGLE-FAMILY DWELLING- A detached building designed for or used exclusively as one dwelling unit.
TWO-FAMILY DWELLING- A detached building containing two dwelling units which are entirely separated by a horizontal floor or vertical wall, unpierced, except for access to the outside or to a common cellar or basement.
MULTIPLE-FAMILY DWELLING- A building designed for or containing three or more dwelling units.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation, excluding units of a motel
or motor lodge as separately defined herein.
A dwelling unit consisting of one room and bath or 1 1/2
rooms and bath and in which there is no separate bedroom and which
contains facilities for cooking and serving.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
One or more persons living together as a single housekeeping
unit.
A structure of any material, built, erected or interposed
in, on or upon any lot line or any lot or tract of land, which shall
include a gate, hedge, ditch, wall or trestle or a frame of wood,
iron or other material.
[Amended 12-16-1987 by Ord. No. 631]
The total enclosed floor area of a structure. For residential
uses, such area shall not include garages, breezeways and unheated
porches.
An additional elevation requirement some height above the
base flood elevation.
[Added 2-19-2013 by Ord. No. 2013-03 (1118)]
A building or a part thereof designed for the storage, keeping
and repairing of a motor vehicle. Types of garages include:
GARAGE, PRIVATEA garage which is an accessory use for the storage of not more than three motor vehicles and in which no business, service or industry is conducted or rendered.
GARAGE, PUBLIC:
A garage used as a business, service or industry
connected with motor vehicles, either housed or unhoused, except an
automobile salesroom conducted exclusively for the exhibition of such
vehicles; or
A garage used for the storage, care or repair
of motor vehicles for monetary consideration, including any sale of
motor vehicles or accessories, or where any such vehicles are kept
for hire.
AUTOMOBILE SERVICE STATIONA use where the following goods and/or services for motor vehicles are retailed directly to the public on the premises: fuel which is stored only in underground tanks; kerosene or motor oil; lubrication or grease; minor accessories; and motor vehicle servicing, which shall not include repair and rebuilding. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.
A building component or a system of building components located
near the open sides of elevated walking surfaces that minimizes the
possibility of a fall from the walking surface to the lower level.
Also known as a railing or handrail.
[Added 11-19-2012 by Ord. No. 2012-12 (1111)]
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half story and
have a ridge height of six feet or less. A half story shall not be
used for living space nor shall it contain any plumbing fixtures.
The use of the half story shall be restricted to the storage of personal
property and the placement and maintenance of mechanical equipment
or apparatus. The half story shall not be used to provide access to
an outside deck. The only permitted egress from the half story shall
be to provide for the placement and maintenance of mechanical equipment
or apparatus.
[Added 9-11-2006 by Ord. No. 2006-21 (1009); amended 8-22-2011 by Ord. No. 2011-05 (1095)]
An accessory use for gain or support conducted only by members
of a family residing on the premises and conducted entirely within
the main building or accessory structure, provided that no article
is sold or offered for sale except such as may be produced on the
premises.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; in the case of a civil proceeding in any
court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter or whose rights to use, acquire or
enjoy property under this chapter or under any other law of this state
or of the United States have been denied, violated or infringed by
an action or a failure to act under this chapter.
Includes improvements and fixtures on, above or below the
surface.
Space within a dwelling unit utilized for living, sleeping,
eating, cooking, bathing, washing and sanitation purposes. Living
space shall be limited to the first and second stories of a dwelling
unit.
[Added 8-22-2011 by Ord. No. 2011-05 (1095)]
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.
CORNER LOT- A lot at the intersection of and fronting on two or more intersecting streets.
INTERIOR LOT- Any lot other than a corner lot.
An area of land, expressed in square feet, which is determined
by the limits of the lines bounding that area.
The mean distance between its mean front street line and
its mean rear line. As to corner lots, the greater frontage of a lot
is its depth and its lesser frontage is its width.[2]
That portion of a lot extending along a street line.
[Added 12-16-1987 by Ord. No. 631]
An open, unoccupied space within and extending the full width
of the lot, between the front property line and the parts of the building
or structure nearest such property line.
[Added 12-16-1987 by Ord. No. 631]
An open, unoccupied space within and extending the full width
of the lot, between the rear walls of the building and the rear line
of the lot, exclusive of accessory buildings.
An open, unoccupied space within the lot between a side lot
line and any part of the building nearest thereto. Such side yard
shall extend through from the street line, or the front yard to the
rear yard, or another street.
The shortest horizontal distance between the side lot lines
measured at right angles to its depth. Required lot width shall be
measured at the most forward allowable building line or setback line.
Any security other than cash which may be accepted by a municipality
for the maintenance of any improvements required by the Code of the
Borough of Lavallette.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth and adopted pursuant
to N.J.S.A. 40:55D-28.
Any use or accessory use in which goods, wares, merchandise
or services are offered for sale.
A building and/or a group of two or more detached or semidetached
buildings containing rooms having separate entrances provided directly
or closely in connection with automobile parking or storage space
serving such rooms, which building or group of buildings are designed,
intended or used principally for the providing of sleeping accommodations
for travelers and in which no provision is made or permitted for cooking
of any description.
The Municipal Planning Board or the governing body of the
Borough of Lavallette when acting pursuant to the Code of the Borough
of Lavallette.
[Amended 6-5-1987 by Ord. No. 627]
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a Zoning Ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a Zoning Ordinance
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 adoption, revision
or amendment of a Zoning Ordinance but which fails to conform to the
requirements of the zoning district in which it is located by reason
of such adoption, revision or amendment.
See “use.”
See “mercantile establishment.”
An elevated structure which may be made of materials such
as perimeter foundation, raised deck or slab and may include steps
and a railing, but no side or front walls. An open porch must be attached
to the principal building.
[Added 11-19-2012 by Ord. No. 2012-12 (1111)]
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 designated
to be incidental to the natural openness of the land.
An open area, other than a street or other public way, utilized
for the same uses 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 whether
for a fee, free or as an accommodation for clients or customers.
An off-street space available for the parking of a motor
vehicle and which shall be an area nine feet wide and 18 feet long.
[Amended 12-20-2010 by Ord. No. 2010-17 (1089)]
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under this chapter or state statute.
Any individual, corporation, partnership, association or
other group of persons, and includes any agency of a municipal, county,
state or federal government or any other government.
The Municipal Planning Board established by municipal ordinance.[3]
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and 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 and 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 number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
A use where food is prepared and sold for consumption on
the premises to members of the public in general.
An establishment which accommodates the patrons' automobiles,
from which the occupants may receive a service or obtain a product
which may be used or consumed in the vehicles on the same premises.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A line within any lot, marking the limits of a required yard
space, parallel to the street line, between which and the street line
no building or portion thereof may be erected except as provided in
this chapter.
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others.
The area bounded by the extreme dimension of the sign, including
frame.
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 an
ordinance requiring review and approval of site plans by the Planning
Board.
That part of a building between the surface of any floor
and the next floor above it or, in its absence, the finished ceiling
or roof above it. A split-level story shall be considered a second
story if its floor level is four feet or more above the level of the
line of the finished floor next below it, except a cellar.[4]
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action as provided by ordinance,
or which is shown on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review 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.
The line determining the limit between the access rights
of the public and adjoining private property.
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.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be used or maintained.
In the Business Districts of the Borough of Lavallette, there
shall be a mixture of retail, restaurant, professional office, and
residential uses in buildings designed, intended, arranged, adapted
or occupied for permanent, temporary, or continuous occupancy by a
single person, corporation, partnership, enterprise or joint venture
or multiple persons, corporations, partnerships, enterprises or joint
ventures, except that residential use only is not permitted in the
B-2 Downtown Business District.
[Added 12-21-2009 by Ord. No. 2009-18 (1071)]
Permission to depart from the literal requirements of the
Zoning Ordinance pursuant to N.J.S.A. 40:55D-60, 40:55D-40 and 40:55D-70.
The Planning Board of the Borough of Lavallette.
[Amended 6-5-1987 by Ord. No. 627]
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 the use, structure or building complies with the provisions of
the Municipal Zoning Ordinance or a variance therefrom duly authorized
by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
[1]
Editor's Note: The definition of “Board
of Adjustment,” which immediately followed this definition,
was repealed 6-25-1987 by Ord. No. 627.
[2]
Editor's Note: The former definition of “lot
front,” which immediately followed this definition, was repealed
12-16-1987 by Ord. No. 631.
[3]
Editor's Note: The former definition of “porch,
open,” which immediately followed this definition, was repealed
12-16-1987 by Ord. No. 631.
[4]
Editor’s Note: The former definition of "story, half,"
which immediately followed this definition, as amended, was repealed
12-19-2011 by Ord. No. 2011-07 (1097).
