For the purpose of this chapter, all words used in the present
tense include the future tense. All words used in the plural number
include the singular number, and all words in the singular number
include the plural number, unless the natural construction of the
word indicates otherwise. The word "shall" is mandatory. The word
"used" includes "designed, intended or arranged to be used." A "person"
includes a corporation, a partnership and an incorporated association
of persons such as a club, or any other type of business entity. A
"building" includes a "structure"; a "building" or "structure" includes
any part thereof.
As used in this chapter, the following terms shall have the
meanings indicated:
A building or structure, the use which is incidental to that
of the principal building or structure and is located on the same
lot. Any container or portion thereof which was or could have been
used for transportation of goods or merchandise shall be prohibited
and not allowed as an accessory building or structure. The maximum
floor area for an accessory building or structure shall not exceed
432 square feet (18 feet by 24 feet). Building height for accessory
structures shall be measured from the average center line grade in
front of the subject property. Accessory structures smaller than 120
square feet shall be set back a minimum of three feet from all side
and rear property lines and shall be no higher than 12 feet. Accessory
structures from 120 square feet to 432 square feet shall be set back
a minimum of five feet from all side and rear property lines and shall
be limited to 15 feet in height. Accessory structures on corner lots
shall be set back a minimum of 25 feet from the front lot line. All
accessory structures shall have a minimum distance of five feet to
the principle structure on the property. No accessory structures shall
be used for residential or living purposes.
A use of land or of a building or portion thereof customarily
incidental to and subordinate to the principal use of the land or
building and located on the same lot with the principal use.
NATURAL ACCRETIONThe buildup of land, solely by action of the forces of nature on a beach by deposition of waterborne or airborne material.
ARTIFICIAL ACCRETIONA similar buildup of land by reason of an act of man, such as the accretion formed by a groin, breakwater or beachfill, deposited by mechanical means.
An extension or increase in floor area or height of a building
or structure.
A lot or parcel of land which shares all or part of a common
lot line with another lot or parcel of land.
A mechanical unit used for cooling of a residential or commercial
structure. Air conditioners shall be allowed within all zones and
may be placed at any location on a lot except for front yards as long
as same are in conformity with all other regulations as set forth
in this chapter, including, but not limited to setback requirements,
and also must comply with the Uniform Commercial Code, BOCA Code and
Mechanical Codes.
The traveled way by which cars enter and depart parking spaces.
A service way providing a secondary means of access to the
abutting property and not intended for general circulation.
A change in the supporting members of a building or structure,
an addition, diminution or conversion of a building or a part thereof,
or removal of a building from one location to another.
Any business that provides as its primary business the use
of coin-operated amusement machines and devices operated by the means
of the insertion of a coin, token or similar object for the purpose
of amusement or skill.
An outdoor area or structure, open to the public, which contains
amusement game devices and other entertainment devices.
A coin-operated machine or device which, whether mechanical,
electrical or electronic, shall be ready for play by the insertion
of a coin or token and may be operated by the public for use as a
game, entertainment or amusement. It shall include devices such as
pinball machines and any device which utilizes a video tube to reproduce
symbolic figures and lines intended to be representative of real games
or activities.
One or more rooms with private bath, sleeping facilities
and kitchen facilities comprising an independent self-contained dwelling
unit in a building containing more than one dwelling unit.
A person submitting an application for development.
The application form and all accompanying documents required by this chapter for the approval of a subdivision plat, site plan, planned residential development, conditional use, zoning variance or direction of the issuance of a permit pursuant to § 198-10, Submission of application; required documents.
A plan which has been granted final approval by the appropriate
approving authority.
The Brigantine Planning Board, or Zoning Officer, as charged
with the review and approval of plans and applications under the terms
of this chapter, or other county or state department or agency when
applicable.
The space between the ceiling beams of the top story and
the roof rafters.
Any building, premises and land in which or upon which a
business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
The use of any building, land area or other premises for
the display and sale of new or used motor vehicles and including any
warranty repair work and other repair service conducted as an accessory
use.
Any building, land area or other premises, or portion thereof,
used or intended to be used for the retail dispensing or sale of vehicular
fuels, and including as an accessory use the sale and installation
of lubricants, tires, batteries and similar accessories.
That zone of the beach lying between the foreshore and dune
area and normally acted upon by waves only during severe storms, especially
when combined with exceptionally high waters.
An establishment used primarily for the sale or dispensing
of liquor by the drink to the general public and where food or packaged
liquors may be served or sold as an accessory use.
A land form consisting of single or multiple elongated sand
ridges, dunes, vegetated zones and marsh terraces rising above mean
sea level, running generally parallel to the coast, but separated
from it by lagoons or inlets.
The design of facilities to eliminate physical obstacles
and barriers that inhibit the mobility of the physically impaired.
A flood having 1% chance of being equaled or exceeded in
any given year.
Refer to BOCA Construction Code.
The zone of unconsolidated material that extends landward
from the low-water line to the place where there is a marked change
in the material of physiographical form, i.e., dune or bulkhead. The
beach includes both the foreshore and backshore.
An augmented version of the Dune and Shore Management Plan
delineating existing vehicular and pedestrian accessways to be either
maintained or closed or restored. This plan also delineates dune fields
to be restored or reconstructed due to elevation, location, vegetative
condition or absence of dune formation.
A private room planned and intended for sleeping, which has
a minimum area of 70 square feet, separated from other rooms and accessible
to a bathroom without crossing another bedroom.
A nearly horizontal part of the beach, or backshore formed
by the accretion of material from wave action.
Any wall, whether solid or lattice, and whether constructed
of concrete, masonry, wood, metal, plastic or any other suitable building
materials which are not part of the structural support of the building
and so designed to breakaway, under abnormally high tides or wave
action, without damage to the structural integrity of the building
on which the walls are used or any buildings to which they might be
carried by floodwaters. (See Construction Code for better guidelines).
Landscaped area used to visually separate one use from another
or to shield or block noise, lights or other nuisances, being free
from heating, air-conditioning and ventilating equipment.
A combination of materials to from a construction adapted
to permanent temporary or continuous occupancy and having a roof.
The total building area expressed as a percentage of the
total lot area.
The vertical distance from the base federal flood elevation
(FIRM maps) as adopted by the City of Brigantine for various flood
zones (A8=10.0, etc.) as measured from two feet above the federal
flood elevation to the top of the highest part of the roof, regardless
of the roof structural configuration. All roof structures on the third
story of any building shall have a minimum 6/12 roof pitch or slope.
This means that for every six inches of vertical rise a minimum of
12 inches of horizontal run shall be provided.
A building in which is conducted the principal use of the
lot on which it is located.
Refer to "setback."
A subordinate structure on the same lot as the principal
building or use occupied or devoted to a use incidental to the principal
use.
The total of the areas of outside dimensions on a horizontal
plane at the main grade level of the principal building and all accessory
buildings; exclusive of unroofed porches and decks, patios and steps
attached or connected to the building.
A retaining wall, or other structure, which has received
all prior permits and approvals constructed along a body of water
for the purpose of stabilizing the existing water's edge or state
approved wetlands line and behind which fill is placed.
A cable television company as defined in N.J.S.A. 48:5A-3.
A government acquisition of real property or major construction
project.
A proposed timetable or schedule of all future capital improvements
to be carried out during a specific period and listed in order of
priority, together with cost estimates and the anticipated means of
financing each project.
An establishment which by the design of physical facilities
or by service or packaging procedures permits or encourages the purchase
of prepared ready-to-eat foods intended primarily to be consumed off
the premises, and where the consumption of food in automobiles is
not permitted or not encouraged.
A document issued by the Construction Official allowing the
occupancy or use of a building and certifying that the owner of the
structure or use has certified that the structure as been constructed
in compliance with all the applicable municipal codes and ordinances.
Any use which substantially differs from the previous use
of building or land; refers to zoning uses only.
A building or structure which, by design and construction,
is primarily intended for the conducting of organized religious services
and accessory uses associated therewith.
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 building or transshipment points.
The area of Brigantine Island subject to high-velocity waters
and hurricane wave wash designated on the Flood Insurance Rate Map
(FIRM) as Zones V1-V30.
A use permitted in a particular zoning district only upon
showing that such use, in a specified location, will comply with all
the conditions and standards for the location or operation of such
use as specified in this chapter and authorized by the Planning Board.
A form of ownership whereby a building, or group of buildings,
containing units which are owned individually, and the structure,
common areas and facilities are owned by all the owners on a proportional,
undivided basis. NOTE: If change of ownership of a building or structure
to condominium ownership effectively changes the use of said building
or structure, all necessary approvals must be obtained from the Board
prior to such change of ownership/use.
The community association which administers and maintains
the common property and common elements of the condominium.
Zone districts designated by the City of Brigantine which,
by their physical nature, are of basic and vital importance to the
preservation and protection of the environment of Brigantine Island
and require special review and consideration for the development thereof.
Refer to "adjoining lot or land."
A land area and buildings containing recreational facilities,
clubhouse, golf course and usual accessory uses open only to members
and their guests for a membership fee.
The Official Master Plan for the physical development of
Atlantic County.
Calendar days.
A roofless, permeable structure, that is not a porch, projecting
from the front, side or rear wall of a building. No decks which in
any way extend from or attach to a peaked roof shall be permitted
in any zone.
The total number of permitted dwelling units or housing structures
per gross area of land to be developed.
Lands situate in the residential, commercial and conservation
zoning districts, excluding lands designated as either tidelands or
wetlands by the State of New Jersey and/or the United States Army
Corps of Engineers.
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development, including the holder of an
option or contract to purchase, or other persons having enforceable
proprietary interests 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 structure; any mining,
excavation, landfill or any use or change in the use of any building
or other structure, or land or extension of use of land.
Any development not a minor development.
Pipes, swales, natural features and man-made improvements
designed to carry drainage.
An excavation method for deepening coastal waters by removing
solids from the bottom.
A building or portion thereof where food and/or beverages
are sold in a form ready for consumption and where all or a significant
portion of the consumption takes place or is designed to take place
outside the confines of the building, often in an automobile on the
site.
A private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure.
A retail trade establishment where the primary business is
the filling of medical prescriptions and the sale of drugs, medical
devices and supplies and nonprescription medicines but where nonmedical
products are sold as well.
Systems or formations of drifting windblown material, usually
sand, which are upland of the beach and oriented roughly parallel
to the shoreline. These formations may be natural or of human origin
and are usually stabilized with natural vegetation. The term "dune"
includes all areas between the inland limits of the beach and the
dune development restriction line.
Dunes include the following subcategories:
FORE DUNE OR PRIMARY DUNESThe front dunes immediately behind the backshore of the beach.
PRIMARY BACK DUNES, SECONDARY AND TERTIARY DUNESThe backslope of the fore dune, extending from the dune ridges immediately landward of the fore dune to the dune development restriction line.
MIGRATING DUNESDunes which have changed location through the course of time.
ARTIFICIAL DUNESAccumulations of sediment in dune form which have been built by any non-natural process such as bulldozing or sand fencing.
STABILIZED DUNESDunes maintained in a fixed location by artificial means.
The area actually or normally occupied by dunes; for purposes
of this chapter, it shall be construed to include the beach and dune
area between the ocean and the development restriction line.
The point or line where the dunes highest elevation is located.
A row of dunes, which may blend in with a berm or berms,
which blend in with each other, run roughly parallel to the ocean
and serve as a protective barrier against coastal storms. Refer to
"development restriction line."
An artificial area delineating dune fields containing two
or more dune ridges and having a greater width than 400 feet. The
dune surface is stabilized by natural vegetation.
A dune created by natural forces or one that has developed
the contours, vegetation, root systems, etc., characteristics of dunes
so created.
An artificial area delineating a discontinuous dune field
or beach area without dunes, poorly developed, unstable and less than
75 feet in width.
An artificial area delineating a dune field containing one
or more dune ridges which may be discontinuous between the beach and
upland structures and having a width of less than 300 feet.
Refers to "dwelling, two-family."
A structure or portion thereof which is used exclusively
for human habitation.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A dwelling unit consisting of not more than one habitable
room equipped for sleeping, together with kitchen or kitchenette and
sanitary facilities.
A one-family dwelling attached to one or more one-family
dwellings by common vertical walls.
A one-family dwelling which is not attached to any other
dwelling by any means.
A multifamily dwelling containing five or more one-family
apartment units in a single building of two to three stories.
A dwelling containing more than two one-family dwelling units,
including all dwellings which are attached or detached, or defined
as garden apartments, quadruplexes, townhouses, triplexes or two-family
dwellings.
Four attached one-family dwellings in one structure in which
each unit has two open-space exposures and shares one or two walls
or floors with adjoining unit or units.
A dwelling which is designed for and occupied by not more
than one family and surrounded by open space or yards and which is
not attached to any other building by any means.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit and each unit is separated from
any other unit by one or more common fire-resistant walls.
A dwelling containing three dwelling units, each of which
has direct access to the outside or to a common hall.
A structure on a single lot containing two independent dwelling
units. If the Zoning Officer or Construction Official makes a determination
that a dwelling is a two-family dwelling (duplex), the burden is on
the applicant, occupant or owner to prove otherwise and obtain all
necessary variances, permits, and other approvals.
The wearing a way of land by the action of natural forces.
On a beach, the carrying away of beach materials by wave action, tidal
currents, littoral currents or by deflation.
The erection, construction, alteration or maintenance of
underground, surface or overhead electrical, gas, water and sewerage
transmission and collection systems and the equipment and appurtenances
necessary for such systems to furnish an adequate level of public
service.
The use of a lot or structure at the time of the enactment
of this chapter.
One or more individuals occupying a dwelling unit as a single
nonprofit housekeeping unit whose relationship is of a permanent and
distinctly domestic nature.
An establishment whose principal business is the sale of
prepared or rapidly prepared food directly to the customer in a ready-to-consume
state for consumption either within the restaurant or off the premises.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land, not including
retaining walls or bulkheads. A privacy fence or wall is defined as
any fence or wall that obscures visibility through the fence by 50%
as viewed by at right angles.
The last official action of the Brigantine Planning Board
taken on a development plan which has been given preliminary approval,
after all conditions and requirements have been met and the required
improvements have been installed or guaranties properly posted for
their installation, or approval conditioned upon the posting of such
guaranties.
Refer to "houseboat."
Lands located in the floodplain as established by the Federal
Insurance Administration subject to 1% or greater chance of flooding
in any given year.
The highest elevation, expressed in feet above mean sea level,
of the level of floodwaters which delineates the flood hazard area.
The official map on which the Federal Insurance Administration
has delineated both the areas of special hazards and the risk-premium
zones applicable to the City of Brigantine.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Hazard Boundary
Floodway Map, or the water surface of the base flood.
The part of the shore lying between the crest of the seaward
berm and ordinary low-water mark and that is typically traversed by
the uprush and backrush of the waves.
A group of people formally organized for a common interest,
usually cultural, religious or entertainment, with regular meetings
and formal written membership requirements.
Refer to "lot line, front."
Refer to "yard, front."
That side of a lot abutting on a street.
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
Deck, building or structure, or part thereof, used or intended
to be used for the parking and storage of vehicles. All garages shall
have a flat, shed, or peaked roof. No detached garage shall be used
for residential purposes or living quarters.
A garage used exclusively for the parking and storage of
vehicles owned and operated by the residents of nearby or attached
dwelling units and their guests, which is not operated as a commercial
enterprise and is not available to the general public, and which is
owned, leased or cooperatively operated by such residents.
A structure which is a nonretail commercial establishment,
building or use and is primarily for the parking and storage of vehicles
operated by the customers, visitors and employees of such building
and which is not available to the general public.
A structure which is accessory to a residential building
and which is used for the parking and storage of vehicles owned and
operated by the residents thereof, and which is not a separate commercial
enterprise available to the general public. No detached garage shall
be used for residential purposes or living purposes.
A building, or portion thereof, other than a private customer
and employee garage or private residential garage, used primarily
for the parking and storage of vehicles and available to the general
public.
Refer to "dwelling, garden apartment."
Any and all individuals without any prior qualifications.
The effect produced by brightness sufficient to cause annoyance,
discomfort or loss in visual performance and visibility.
A tract of land for playing golf, improved with trees, greens,
fairways and hazards and which may include clubhouses and shelters.
The degree of rise or descent of a sloping surface.
The final elevation of the ground surface after development.
The elevation of the ground surface in its natural state,
before man-made alterations.
Any stripping, cutting, filling or stockpiling of earth or
land, including the land in its cut or filled condition.
A shore protection device built (usually perpendicular to
the shoreline) to trap littoral drift or reduce erosion of the shore.
A "groin field or system" is a series of groins acting together to
protect a section of beach.
The total floor area for which the tenant pays rent, and
which is designed for the tenant's occupancy and exclusive use.
Any room in a dwelling unit other than a kitchen, bathroom,
closet, pantry, hallway, storage space or garage recreation room.
An activity carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit and subject to the same limitations as designated in § 198-122.
The home office of a recognized traditional profession, such as medical doctor, minister, architect, professional engineer, planner or attorney and subject to the same limitations as designated in § 198-122. A home professional service shall be an activity carried out by a resident conducted as an accessory use in the resident's dwelling.
A community association, other than a condominium association,
which is organized in a development in which individual owners share
common interests in open space or facilities.
A facility offering transient guest lodging accommodations
to the general public and providing additional services such as restaurants,
meeting rooms and recreational facilities. A hotel does not provide
for direct access to the guest rooms except through the main lobby
and through a common system of halls, stairs and accesses. A hotel
must also have a main desk and central area for pickup and drop-off
of luggage and patrons.
Refer to "motel efficiency room."
Refer to "motel room."
Refer to "motel suite unit."
A boat designed and utilized primarily as a dwelling unit
as opposed to traditional marine uses such as commercial and sport
fishing, water sports and navigational activities.
Any surface or material that is used on the ground that does
not allow for the infiltration or absorption of stormwater and is
the cause of runoff. Block or brick pavers shall be considered impervious
under this chapter.
The land area between high and low tide, also called a "beach."
An undeveloped substandard lot in separated ownership from
surrounding property.
A structure extending into a body of water and designed to
prevent shoaling of a channel by littoral materials and to direct
and confine a stream or tidal flow.
The addition of trees, plant and other natural and decorative
features to land.
An establishment providing washing and drying machines on
the premises for rental use to the general public for family laundering
purposes.
An off-street space or berth used for the loading or unloading
of commercial vehicles.
The place where members of a local chapter of an association
hold their meetings and the local chapter itself.
A designated parcel, tract or area of land established by
plat, subdivision or as otherwise permitted by law to be used, developed
or built upon as a unit.
The total horizontal area within the limit of the lot lines
of a lot, excluding any street rights-of-way or lands beyond the bulkhead.
Refer to "site coverage."
The mean distance measured from the front lot line to the
rear lot line.
The length of the front lot line measured at the street right-of-way
line.
On corner lots with a curve or an arc separating the two
frontages, the lot frontage shall be measured along each street line
to an extension of intersecting street lines (point of intersection).
The primary lot frontage on a corner lot shall be the smaller
of the two frontages or, in the case of equal frontages, that frontage
that exists along the more heavily traveled street.
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot
line or, in the case of triangular or otherwise irregularly shaped
lot, a line 10 feet in length entirely within the lot, parallel to
and at a maximum distance from the front lot line. On bayfront lots,
the bulkhead will be considered the rear lot line.
Any lot line other than the front and rear lot line.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot at the minimum required building setback line.
A lot or parcel of land abutting upon two or more streets
at their intersection.
The smallest lot area established by this chapter on which
a use or structure may be located in a particular district.
Any security which may be required by the City of Brigantine
to assure that necessary improvements will function as required for
specific period of time.
A facility for storing, servicing, fueling, berthing and
securing of pleasure boats and which may include eating and retail
facilities for owners, crews and guests.
A private facility for storing, launching, rental and berthing
of boats and which may include a clubhouse, bar and recreational facilities.
A facility for the storing and berthing of pleasure boats
restricted to the use of the owner or lessor of the dwelling adjoining
the facility as the principal use.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
The line formed by the intersection of the tidal plain of
mean high tide with the shore.
Includes the term "sea level" and refers to the 1929 sea
level datum as established by the United States Coast and Geodetic
Survey.
The development of a tract of land or building or structure
with two or more different uses such as, but not limited to, residential,
office, retail, public or entertainment, in a compact urban form.
An establishment providing transient guest accommodations
containing five or more rooms with at least 25% of all rooms having
direct access to the outside without the necessity of passing through
the main lobby of the principal building and having a main desk and
lobby.
A habitable living facility made available for transient
guest accommodations consisting of not more than one complete sleeping
room with attached bath and with a kitchen or eating facility installed.
A habitable living facility made available for transient
guest accommodations consisting of not more than one sleeping room
with attached bath and without kitchen facilities.
A habitable living facility available for transient guests'
accommodations with facilities or amenities in addition to a sleeping
room and bath facilities such additional facilities consisting of
living room or lounge area, kitchen and eating facilities. The access
to said unit shall be through one access door only; if other rooms
of the suite have direct access to hallways, they will be counted
as separate motel units.
The City of Brigantine as governed by the City government
and its duly appointed representatives.
Indigenous or native vegetation, including such plants as
beach grass (Ammophilia brevigulata), dusty miller (Artemisia stelleriana),
hudsonia (Hudsonia tomentosa), sea rocket (Cakile endentula), seaside
goldenrod (Solidago sempervirens), bayberry (Myrica pennsylvania)
or beach plum (Prunus maritima), which normally grow or may be planted
on the slopes of dunes or behind them.
A lot, the area and/or dimensions of or location which fails
to conform to the present requirements of the zoning district in which
it is located.
Any sign which is nonconforming because it does not conform
to all standards of this chapter.
A structure or building which fails to conform to the present
requirements of the zoning district.
A use or activity which fails to conform to the present requirements
of the zoning district.
Members of the building trades or lawn maintenance professions
who operate a business which includes bookkeeping and the receipt
of mail from the residential home of said off-site tradesman.
A building used primarily for conducting the affairs of a
business, profession, service or government. A factory or other such
industrial use is not an office building.
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. Land designated
as open space shall be limited to passive recreation. No structures
other than those required for such passive use are permitted, such
as uninhabitable gazebos, viewing platforms or erosion control devises.
Total area of open space divided by the total site area in
which the open space is located.
Land within or related to a development, not individually
owned or dedicated for public use, which is designed and intended
for the common use or enjoyment of the residents of the development
and may include such complementary structures and improvements as
are necessary and appropriate. Land designated as common open space
shall be limited to passive recreation. No structures other than those
required for such passive use are permitted, such as uninhabitable
gazebos, viewing platforms or erosion control devises.
An individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest to seek development
of land.
Any public or private land area designed and used for parking
motor vehicles, including parking lots, garages, private driveways
and legally designated areas of public streets.
An off-street, ground level area, usually surfaced and improved,
for temporary storage of motor vehicles.
A space for the parking of a motor vehicle within a public
or private parking area.
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle and which is not located on a dedicated
street right-of-way.
A common shared wall between two separate structures, buildings
or dwelling units.
Patios or decks 12 inches above grade shall be considered
part of the principal building and shall meet all setback requirements
thereof. Up to six-foot-wide landings as part of the steps less than
12 inches above grade are permitted within setback.
Security, submitted to the City of Brigantine pursuant to
N.J.S.A. 40:55D-53, in favor of the City of Brigantine, alone, in
an amount not to exceed 120% of the cost of installation of the improvements
as are deemed necessary by an application for development. The performance
guaranty must be in the form acceptable to the Municipal Attorney
and/or Engineer and should consist of either a performance bond issued
by a bonding entity or agency or an approved letter of credit, which
is not limited as to scope or time of execution thereon.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
Any material that facilitates the direct infiltration and
absorption of stormwater at the location where the water falls. In
order to be considered pervious, the surface must be 40% permeable
and capable of accommodating 90% of the rainwater falling on a given
area.
A line established by the State of New Jersey beyond which
no structure may extend into tidal waters.
An area of a minimum contiguous size, as specified by ordinance,
to be planned, developed, operated and maintained as a single entity
containing one or more structures to accommodate commercial or office
uses, or both, and appurtenant common areas and other uses incidental
to the predominant use as may be permitted by ordinance.
An area of a minimum contiguous size, as specified by ordinance,
to be planned and developed as a single entity containing one or more
residential clusters or planned unit residential developments and
one or more public, quasi-public, commercial or industrial areas in
such ranges of ratios of nonresidential uses to residential uses as
shall be specified.
The duly designated body appointed pursuant to N.J.S.A. 40:55D-1
et seq.
The final map of all or a portion of a subdivision or site
plan which is presented to the proper review authority for final approval.
A preliminary map indicating the proposed layout of the subdivision
or site plan which is submitted to the proper review authority for
consideration and preliminary approval.
An open area usually roofed which may be screened, which
is attached to, and has direct access to and from a building.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-1
et seq. prior to final approval after specific elements of a development
plan have been agreed upon by the Planning Board and the applicant.
The primary or predominant use of any lot.
The office of a member of a recognized profession such as
a medical doctor, minister, architect, professional engineer, planner
or attorney.
Parks, playgrounds, recreational facilities and open space,
including the beach and dune system, schools and other institutional
buildings and structures, all of which are available to the general
public.
A place designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities.
The number of dwelling units per gross acre of residential
land area including streets, easements and open space portions of
a development.
An establishment where food and drink is prepared for and
offered and sold to the general public which food and drink is consumed
primarily within the principal building and/or on the premises. Outdoor
cafes or establishments with outdoor seating shall be considered restaurants
under this definition.
Any facility at which, or in which, food or drink is offered
or prepared for retail sale or for service with or without charge
on or off the premises or elsewhere.
Establishments providing services, as opposed to products,
to the general public.
Establishment engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
A structure constructed at or along a substantial change
in grade to maintain the difference of elevation on either side.
The lines forming the boundaries of any strip of land dedicated
and intended to be occupied by a street, electric transmission line,
water main, sanitary or stormwater sewers or other similar uses.
Lands now or formerly flowed by tidal waters either owned,
controlled or under the jurisdiction of the State of New Jersey as
mapped by the New Jersey Department of Environmental Protection.
A roof that is not pitched. A roof shall be considered to
be flat unless it has a minimum pitch or slope of 3/12, that is, for
every three inches of vertical increase, there is 12 inches of horizontal
change. A roof with less pitch or slope than that will be considered
a flat roof.
A form of barricade established in a line or pattern along
the backshore or within the dune field for the express purpose of
accumulating sand to aid the formation of dunes. The sand fence shall
be a picket-type, i.e., a commercial type of lightweight wooden fencing,
four feet in height, held together by wire and secured by posts. Alternate
forms of barricades may be utilized only with the approval of the
City Engineer.
A dwelling unit that lacks one or more of the basic amenities
or utilities required for all-year or all-weather occupancy.
A temporary covering erected over a recreational amenity
such as swimming pool or tennis court, for the purpose of extending
its use to cold-weather months or inclement conditions.
Multifamily housing specifically designed for the elderly.
See "automobile service station."
Establishments primarily engaged in providing services for
individuals, business or government establishments and other organizations,
including hotels and other lodging places, establishments providing
personal, business, repair and amusement services, health, legal,
engineering, and other professional services, educational institutions,
membership organizations and other miscellaneous services.
The distance between the street right-of-way line or property
line and a principal wall of the structure. Steps, porches, chimneys,
bay windows, etc., are not permitted in the setback area unless permitted
by other sections of this chapter.
The line that is the required minimum distance from the street
right-of-way line or any other lot line that establishes the area
within which the principal structure must be erected or placed.
A group of commercial establishments planned, constructed
and managed as a total entity with customer and employee parking provided
on-site, provision for goods delivery separated from customer access,
aesthetic considerations and protection from the elements.
See "yard, side."
A triangular shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images.
A sign identifying the house number and/or name of the occupant
of a dwelling unit.
Any sign or part of a sign which changes physical position
by any movement or rotation or which gives the visual impression of
such movement or rotation.
Any sign or part of a sign which changes physical position
by any movement or rotation or which gives the visual impression of
such movement or rotation.
The entire face of a sign, including the advertising surface
and any framing, trim or molding, but not including the supporting
structure.
A sign that is mounted or painted on, or attached to, an
awning, canopy or marquee that is otherwise permitted by ordinance.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
A sign which identifies an institution or organization on
the premises of which it is located, and which contains the name of
the institution or organization, the names of individuals connected
with it and general announcements of events or activities occurring
at the institution or similar messages.
A sign which directs attention to a business or profession
conducted, or to a commodity or service sold, offered or manufactured
or to an entertainment offered on the premises where the sign is located.
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating
the names of the architects, engineers, landscape architects, general
contractor or similar artisans, and the owners, financial supporters,
sponsors and similar individuals or firms having a role or interest
with respect to the structure or project.
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way", "entrance" and "exit."
Any directly or indirectly illuminated sign which exhibits
changing natural or artificial light or color effects by any means
whatsoever.
Any nonmovable sign not affixed to a building.
A sign erected and maintained pursuant to and in discharge
of any governmental functions or required by law, ordinance or other
government regulation.
A sign lighted by or exposed to artificial lighting either
by lights in the sign or directed towards the sign.
A sign identifying any office building or funeral home.
A sign commonly associated with, and not limited to, information
and directions necessary or convenient for visitors coming on the
property, including signs marking entrances and exits, parking areas,
circulation direction, rest rooms and pickup and delivery areas.
A sign identifying a community, residential development,
institutional or historic facility.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election.
A sign that is not permanent, affixed to a building, structure
or the ground.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building.
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
A sign that is mounted on the roof of a building or which
is wholly dependent upon a building for support and which projects
above the point of a building with a flat roof, the eave line of a
building with a gambrel, gable or hip roof or the deck line of a building
with a mansard roof.
A sign or advertising display constructed of cloth, canvas,
fabric, plywood or other light material and designed or intended to
be displayed for a short period of time.
A sign fastened to or painted on the wall of a building or
structure in such manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and which does not
project more than 12 inches from such building or structure.
Signs limited to messages of warning, danger or caution.
The portion of the site or lot that is covered by buildings,
structures or impervious surfaces, including, but not limited to,
driveways, parking areas, sidewalks and patios. Decks above the grade,
permitting the passage of stormwater runoff, building overhangs, eaves
or projections, shall not be included in the determination of site
coverage.
Any site plan not classified as a minor site plan or any
site plan requiring variances.
The development plan for three or fewer dwelling units or for one or more lots with an area of 10,000 square feet or less on which is shown the existing and proposed conditions of the development as specified in § 198-12, Site plan details.
The face or surface of the dune or berm going from its crest
or plateau away from the ocean.
A plan that indicates the necessary land treatment measures
which will effectively minimize soil erosion and sedimentation prepared
in accordance with regulations of the Cape-Atlantic Soil Conservation
District.
Unwanted or discarded material, including garbage, with insufficient
liquid content to be free flowing.
A program providing for the collection, storage and disposal
of solid waste, including recycling and recovery.
An artificial area either overlaying or adjoining Dune Management
Districts delineating properties, either in public or private ownership,
warranting special consideration in either future development or assessment.
No development application shall be made for development of privately
owned property designated as, or claimed to be, a special area, without
an application being first made to the City Council for a permit to
develop the same area.
A retail trade establishment specializing in a special type
or class of foods such as an appetizer store, bakery, butcher, delicatessen,
fish, gourmet and similar foods.
Accessory building used for items associated with normal
household use but not for storage of unusually dangerous or flammable
materials.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
Uninhabitable space below the City's base flood elevation may be considered
a story if the ceiling height of that space is 7.0 feet or greater,
unless greater than seven feet is required to meet base flood elevation
for the structure. This would include storage areas and garages.
Any vehicular way which is:
An existing state, county or municipal roadway;
Shown upon a plat approved pursuant to law;
Approved by other official action; or
Shown on a plat duly filed and recorded with the Atlantic County
Clerk prior to the appointment of the Brigantine Planning Board and
grant to such Board of the power to review such plats; and includes
the land between the street lines, whether improved or unimproved,
and may include shoulders, gutters, curbs, parking areas and other
areas within such street line.
Refer to "right-of-way lines."
A street which collects traffic from local streets and connects
minor and major arterial streets.
A street with a single common ingress and egress and with
a turnaround at the end.
A street with a single common ingress and egress.
A street constructed to the specifications of this chapter
and dedicated and accepted for public use by the City of Brigantine.
Streets existing and in public use prior to the enactment of this
chapter shall be considered improved subject to the review of the
City Engineer.
A local street designed to provide access to limited areas
of a multifamily project.
A street designed to provide vehicular access to abutting
properties and to discourage through traffic.
A street with access control, channelized intersections and
restricted parking, and which collects and distributes traffic to
and from minor arterials.
A street running parallel to a major arterial street limited
to serving abutting properties.
A street with signals at important intersections and stop
signs on the side streets, and which collects and distributes traffic
to and from collector streets.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
A combination of materials to form a construction for use,
occupancy or ornamentation, whether installed on, above or below the
surface of the land or water.
The division of a lot, tract or parcel of land into two or
more lots, tracts or parcels of land for sale, development or lease.
The following shall not be considered subdivisions within the meaning
of this chapter if no new streets are created:
Any subdivision not classified as a minor subdivision.
Contains not more than three lots fronting on an improved street
with adequate drainage.
Includes no lands which were part of a minor subdivision approved
and filed within three years immediately preceding the subdivision
application.
Does not require the construction or improvement of any street.
Does not require the extension of any municipal facilities or
off-tract improvements.
Does not adversely affect the development of the remainder of
the parcel or of adjoining property.
Does not conflict with any provision of the Master Plan, Official
Map or this chapter.[1]
Does not involve a planned unit development.
Any extension, repair, reconstruction or other improvement
of a property, the cost of which exceeds or is equal to 50% of the
market value of the property before the improvement is started, or,
if the property has been damaged and is being restored, before the
damage occurred.
A retail trade establishment primarily selling food as well
as other convenience and household goods.
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool having a depth of more than 30 inches,
designed, used and maintained for swimming.
A building or portion thereof devoted to showing motion pictures
or for dramatic, musical or live performances.
Refer to "dwelling unit, townhouse."
Refer to "dwelling unit."
The purpose or activity for which land or buildings are designed,
arranged or intended, or for which land or buildings are occupied
or maintained.
The following specific definitions of "use" are contained
elsewhere in this section: "accessory use," "conditional use," "existing
use," institutional use," "permitted use" and "principal use."
A departure from the strict interpretation and literal requirements
of this chapter, as granted by the Planning Board in accordance with
the Municipal Land Use Law (40:55D-1 et seq).
Areas where the substrate is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal duration sufficient to support, and that under
normal circumstances, do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions which are under the
jurisdiction of the New Jersey Department of Environmental Protection
pursuant to the Coastal Wetlands Act (N.J.S.A. 13:9A-1 through 9A-10).
A machine that converts the kinetic energy in the wind into
a usable form. The wind energy conversion systems (WECS) shall consist
of the following elements:
A structural surface area for capturing the wind.
A shaft, gear, belt or coupling assembly for the conversion
or the rotational power of the attached surface area to an electrically
or mechanically usable form.
A generator or alternator to convert the rotational energy into
electrical energy (for systems designed for producing electrical power).
A type of tower or other structure upon which the above elements
of the WECS are mounted.
An open space that lies between the principal or accessory
building(s) and the nearest lot line designated to be unobstructed
and unoccupied from the ground upward except as may be specifically
provided in this chapter.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at the closest point to the rear lot line.
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicular
to the building to the closest point of the rear lot line.
Applicable only to corner lots, a yard abutting a street
on said corner lot and does not meet the definition of a primary front
yard. The secondary front yard shall be that yard that is along the
longest of the two front lot lines or, in the case of lot lines having
the same length, the street that is considered to have less traffic
intensity.
A space extending from the front yard to the rear yard between
the principal building and the side lot line measured perpendicular
from the side lot line to the closest point of the principal building.
The person or entity designated by the City of Brigantine and empowered to act pursuant to § 198-128, Zoning Officer, of this chapter.
The map adopted by the City of Brigantine and included as
part of this chapter, delineating the boundaries of each zone district.[2]
Document which is required by ordinance as a condition precedent
to the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installment of a structure or building;
and acknowledges that such use, structure or building complies with
the provisions of the Municipal Land Use Ordinance or a variance therefrom
duly authorized by the Board.
