In their interpretation, the provisions of this
chapter shall be held to minimum requirements. It is not the intent
of this chapter to abrogate any permit previously issued pursuant
to law relating to the use of buildings or land; nor shall it be interpreted
to interfere with the provisions of existing codes, laws or ordinances
regarding building construction, health, safety or sanitation or with
any private restrictions placed upon a property by covenant or deed;
provided, however, that where this chapter requires a greater width
or size of lot or of yards or other open spaces or requires a lesser
height, bulk or ground coverage for buildings or, in general, imposes
restrictions greater than those required in another law or local ordinance
or regulation, the provisions of this chapter shall govern.
A.Â
Statutory definitions. Wherever a term which is defined
in N.J.S.A. 40:55D-1 et seq. and/or the New Jersey State Uniform Construction
Code is used in this chapter, such term is intended to include and
have the meaning set forth in the definition of such term found in
said statute, in addition to the definition for such term which may
be included below, unless the context clearly indicates a different
meaning.
[Amended 11-8-1995 by Ord. No. 1995-11]
B.Â
Word usage. For the purpose of this chapter, certain
terms or words used herein shall be interpreted or defined as follows:
[Amended 11-8-1995 by Ord. No. 1995-11]
(1)Â
Words used in the present tense include the future;
(2)Â
The singular number includes the plural, and the plural
the singular;
(3)Â
The word "lot" includes the word "plot";
(4)Â
The word "zone" includes the word "district";
(5)Â
The word "occupied" includes the word "designed" and
the phrase "intended to be occupied";
(6)Â
The word "use" includes the words "arranged" and "designed"
and the phrase "intended to be used";
(7)Â
The word "shall" is mandatory and not directory; and
(8)Â
The word "abut" shall include the words "directly
across from," "adjacent" and "next to."
C.Â
ACCESSORY USE, BUILDING OR STRUCTURE
ADMINISTRATIVE OFFICER
ALLEY
ALTERNATIVE TOWER STRUCTURE
ANTENNA
APARTMENT
APPROVING AUTHORITY
BACKHAUL NETWORK
BASEMENT
BED-AND-BREAKFAST INN
BUILDING
BUILDING COVERAGE
BUILDING ENVELOPE
BUILDING FOOTPRINT
BUILDING HEIGHT
BUILDING LINE
BUILDING SETBACK
CAPITAL IMPROVEMENT
CELLAR
CERTIFICATE OF OCCUPANCY
COLLOCATION
CONSTRUCTION OFFICIAL
CORNER LOT
DRIVEWAY
DWELLING UNIT
DWELLING UNIT, DETACHED SINGLE FAMILY
EAVE
ESSENTIAL SERVICES
FAA
FAMILY
FCC
FINAL PLAT
FLOOR AREA
GARAGE, PRIVATE
GOVERNING BODY
GRADE
HABITABLE SPACE
HISTORIC SITE
HOME OCCUPATION
HOTEL
HOUSING UNIT
IMPERVIOUS MATERIALS
IMPERVIOUS SURFACE
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(f)Â
(g)Â
(h)Â
(i)Â
(j)Â
(k)Â
(2)Â
(a)Â
IMPROVABLE AREA
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
LATTICE TOWER
LOT
LOT AREA
LOT COVERAGE
LOT DEPTH
LOT FRONTAGE
LOT WIDTH
MINOR SUBDIVISION
MONOPOLE
MOTEL, MOTOR COURT, AUTO COURT or BOATEL
MUSEUM
NONCONFORMING LOT
PARKING SPACE
PARTIAL DESTRUCTION
PERSONAL WIRELESS FACILITIES
PERSONAL WIRELESS SERVICE
PLANNING BOARD
PRECONSTRUCTION GRADE
PRINCIPAL BUILDING
PROFESSIONAL OFFICE
RADIO FREQUENCY RADIATION (RFR)
RESTAURANT
ROOMING HOUSE
SETBACK LINE
SIGHT TRIANGLE
SIGN
SIGN, COMMERCIAL
SIGN AREA
SKETCH PLAT
STORY
STORY ABOVE GRADE
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
SWIMMING POOL
TOWER
TOWER HEIGHT
USE
WIRELESS TELECOMMUNICATIONS TOWER
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING PERMIT
As used in this chapter, the following terms shall
have the meanings indicated:
[Amended 8-6-1985 by Ord. No. 1985-8; 11-3-1993 by Ord. No. 1993-10; 10-4-1994 by Ord. No. 1994-10]
A subordinate use, building or structure, the purpose of
which is customarily incidental to that of the main use or building
and on the same lot. An accessory use, building or structure is not
permitted unless a principal structure, permitted by this Code or
approved by the Bay Head Planning Board, exists on the property.
[Amended 4-3-2023 by Ord. No. 2023-05]
The Municipal Clerk.
Any public or private way less than 40 feet in width, unless
such way existed prior to July 12, 1965, in which case any public
or private way which is less than 30 feet in width.
[Amended 9-16-2003 by Ord. No. 2003-6]
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
[Added 4-5-2005 by Ord. No. 2005-3]
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
[Added 4-5-2005 by Ord. No. 2005-3]
A room or suite of two or more rooms which is designed and
intended for or occupied by a person or persons constituting a separate
housekeeping unit, whether or not the same has its own cooking facilities.
In no zone may there be an apartment which is utilized in addition
to a single-family residential use on a parcel of property.
The Planning Board of the Borough of Bay Head.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long-distance
providers, or the public switched telephone network.
[Added 4-5-2005 by Ord. No. 2005-3]
That portion of a building that is partly or completely below
grade. (See "Story Above Grade.")
[Amended 9-3-2013 by Ord. No. 2013-05]
An establishment which consists of rooms or suites maintained
for the purpose of providing overnight or short-term sleeping accommodations
and a morning meal for paying guests. Guest stays are limited to 90
days. Individual kitchen facilities and restaurant service to the
general public are prohibited. The owner of the establishment must
reside on the premises.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind.
[Added 9-16-2003 by Ord. No. 2003-6]
That portion of the lot area covered by buildings and expressed as a percent of the total lot area, i.e., the ratio of the horizontal area, measured from the exterior surface of the exterior walls or, in the absence thereof, of the horizontal areas covered by a roof or the structure below the roof projections, of all principal and accessory buildings on a lot to the total lot area. Areas containing breezeways, covered porches, stairs/steps to porches and decks greater than 12 inches, bay windows, fireplaces, and store showcases shall be considered part of the building in calculating building coverage. Decks more than 12 inches in height above the preconstruction grade are to be included in building coverage, whether or not they are covered and must conform to § 147-6H(1) and (5).
[Added 9-16-2003 by Ord. No. 2003-6; amended 9-21-2009 by Ord. No.
2009-09; 9-3-2013 by Ord. No. 2013-05; 4-3-2023 by Ord. No. 2023-05]
An area, generally described by building setback lines, depicting
the area within which buildings can be constructed.
[Added 9-16-2003 by Ord. No. 2003-6]
The horizontal area contained within the outer dimensions
of the foundation walls of a building.
[Added 9-16-2003 by Ord. No. 2003-6]
The vertical distance as measured from the average elevation
of the crown of the road, along the street line to the highest point
of the roof. In the case of corner lots, building height shall be
measured from the average elevation of the crown of both street frontages.
In the case of properties located in an area of special flood hazard,
the vertical distance shall be measured either from base flood elevation,
or from the crown of the road, whichever results in a higher building.
[Amended 11-8-1995 by Ord. No. 1995-11; 9-3-2013 by Ord. No. 2013-05]
A line formed by the intersection of an exterior wall or
foundation of a building with the ground but excluding open steps,
cornices and other ornamental features projecting from the walls of
the building or structure.
[Added 9-16-2003 by Ord. No. 2003-6;
amended 9-3-2013 by Ord. No. 2013-05]
The distance between the property line and the building line.
[Added 9-3-2013 by Ord. No. 2013-05]
A governmental acquisition of real property or a major construction
project.
A story wholly underground or having less than 1/2 of
its height above ground level.
A certificate of occupancy related to construction permits
shall be issued by the Construction Official. The Code Enforcement
Officer shall issue certificates of occupancy for changes in occupancy
or ownership of a building which certifies compliance with all requirements
of this chapter or such adjustment thereof which may have been granted
by the Planning Board.
[Added 9-16-2003 by Ord. No. 2003-6;
amended 4-3-2023 by Ord. No. 2023-05]
Two or more receiving and/or transmitting facilities placed
together in the same location or on the same antenna support structure.
[Added 4-5-2005 by Ord. No. 2005-3]
The official of the Borough of Bay Head appointed pursuant
to the Uniform Construction Code of the State of New Jersey.
A lot or parcel of land abutting or fronting on two or more
intersecting streets. On corner lots, all yards facing on a street
shall be considered front yards; provided, however, that the required
setback along the longest frontage shall be a minimum of 1/2
of the required front yard setback. In the event that the frontages
are of equal length, the owner shall declare which frontage shall
have the full required front yard setback, and the setback along the
remaining frontage shall be a minimum of 1/2 the required setback.
The remaining yard areas shall be considered side yards and conform
to the minimum side yard requirements of the zone in which it is located.
Notwithstanding the foregoing, the entrance to a detached garage or
the entrance to that portion of the principal structure utilized for
garage space shall be set back a minimum of 20 feet from any right-of-way
line facing the garage entrance.
[Added 11-8-1995 by Ord. No. 1995-11; amended 8-5-1997 by Ord. No. 1997-6]
A private road or way not less than 10 feet in width leading
from a public street to a building, structure or parking lot.
One or more rooms designed, occupied or intended for occupancy
as a separate living quarter, with cooking, sleeping and sanitary
facilities provided within the dwelling unit for the exclusive use
of a family as defined in this chapter.
[Added 11-8-1995 by Ord. No. 1995-11]
A building containing one dwelling (housing) unit and that
is not attached to any other dwelling and is surrounded by open space
or yards.
[Added 11-8-1995 by Ord. No. 1995-11]
The projecting lower edges of a roof overhanging the wall
of a building.
[Added 4-3-2023 by Ord. No. 2023-05]
Underground gas, electrical, telephone, telegraph, sanitary
sewer collection systems, or water transmission or distribution systems,
including mains, drains, sewers, pipes, conduits, cables, and normal
aboveground appurtenances such as fire alarm boxes, police call boxes,
light standards, poles, traffic signals, and hydrants, and other similar
equipment and accessories in connection therewith, reasonably necessary
for the furnishing of adequate service by public utilities or municipal
or other government agencies for the public health or safety or general
welfare. Essential services shall not be deemed to include wireless
telecommunications towers and antennas.
[Added 4-5-2005 by Ord. No. 2005-3]
The Federal Aviation Administration.
[Added 4-5-2005 by Ord. No. 2005-3]
Persons living together as a single nonprofit housekeeping
unit living and cooking together, whose relationship exhibits a kind
of stability, permanency and functional life-style which is equivalent
to that of the traditional family unit, as distinguished from fraternities
and sororities, societies, clubs, associations, lodges, halfway houses,
shelters and other forms of specialized communal living of a transient
nature.
[Amended 11-19-1996 by Ord. No. 1996-5]
The Federal Communications Commission.
[Added 4-5-2005 by Ord. No. 2005-3]
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval, in accordance
with this chapter, and which, if approved, shall be filed with the
proper County Recording Officer.
The total enclosed floor area of a structure used for residential
or commercial activities. For residences, the floor area does not
include garages, breezeways, unheated porches and the like. For commercial
activity, floor area shall include customer, showcase, storage and
sales facilities, provided that headroom therein shall be at least
seven feet.
An accessory building or part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the property.
The Mayor and Council of the Borough of Bay Head.
A reference plane representing the average preconstruction
ground level adjoining the building and/or accessory structure(s)
at the exterior walls. All new building construction and site grading
shall provide certified pre- and post-construction ground level determinations.
The post-construction grade at the property line shall not exceed
the ground level of those adjoining properties, and the ground level
shall be graded so that stormwater either remains contained on the
property in question or flows toward the street rather than toward
the adjoining properties.
[Amended 9-21-2009 by Ord. No. 2009-09]
The enclosed horizontal floor area of a dwelling unit, measured
inside of exterior walls, exclusive of open porches, open breezeways,
hallways, closets, mechanical/utility rooms and attached garages.
[Added 9-16-2003 by Ord. No. 2003-6]
Any building, structure, area or property that is significant
in the history, architecture, archeology or culture of this state,
its communities or the nation and has been so designated pursuant
to law.
[Added 9-16-2003 by Ord. No. 2003-6]
An occupation for gain or support conducted only by members
of the residing family and entirely conducted within the main building
or accessory structure, provided that nothing is sold or offered for
sale except what is produced on the premises.
An establishment containing rooms maintained for the purpose
of providing overnight or limited stay sleeping accommodations for
paying guests and where no individual kitchen facilities are provided.
Guest stays are limited to 90 days. A hotel may prepare and serve
food and drink to the public. The owner shall be required to reside
on the premises or hire a manager to reside on the premises or hire
staff which will provide twenty-four-hour coverage.
A room or group of rooms used by one or more individuals
living separately from others in the structure, with direct access
to the outside or to a public hall and containing separate bathroom
and kitchen facilities.
[Added 11-8-1995 by Ord. No. 1995-11]
Any material or structure, including but not limited to buildings,
pools, gravel with underlying impermeable membranes, concrete, pavers,
plastic, other impermeable membranes and asphalt, that prevents or
restricts absorption and percolation of precipitation or stormwater
into the ground or soil.
[Added 9-16-2003 by Ord. No. 2003-6]
Any surface built or constructed that is impervious to water
penetration into the ground or soil, including, but not limited to,
the following:
[Added 9-21-2009 by Ord. No. 2009-09]
Principal buildings, including bay windows, fireplaces, and
projections.
Accessory buildings and structures.
Covered porches.
Swimming pools, including copings and aprons.
Impervious-bottom ponds.
Gravel with underlying impervious membranes.
Concrete surfaces.
Pavers, bricks and flagstone.
Plastic.
Asphalt.
Any other surface that prevents absorption and percolation of
precipitation or stormwater into the ground or soil.
Exceptions.
Decks with slats or planking no wider than six inches with an open space of 1/4 inch between each slat or plank or so that at least 5% of the decking surface is open to the pervious ground below are not considered impervious surfaces but are considered in building coverage if they are more than 12 inches above pre-construction grade. [See § 147-6 H(1) and (5).]
The area of a lot for the placement of principal buildings,
including accessory buildings and structures, and off-street parking
areas and off-street loading areas which is located within the envelope
delineated by the required yards or buffers of the zone district and
which is not encroached upon by:
[Added 9-16-2003 by Ord. No. 2003-6]
An existing or proposed public right-of-way.
An area classified as a floodway by the New
Jersey Department of Environmental Protection or as an area of special
flood hazard or floodway.
Wetlands or any required wetlands transition
area pursuant to the New Jersey Freshwater Wetlands Protection Act
(N.J.S.A. 13:9B-1, et seq.), except where construction, fill or disturbance
has been authorized pursuant to the Freshwater Wetlands Act.
Slope areas where the inclination of the land's
surface from the horizontal is 15% or greater for a ten-foot interval.
Stream corridors.
Dunes as defined in the Coastal Area Facility Review Act and regulated by Chapter 75 (Beaches).
A type of tower that is self-supporting with multiple legs
and cross bracing of structural steel.
[Added 4-5-2005 by Ord. No. 2005-3]
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.
[Added 9-16-2003 by Ord. No. 2003-6]
The land area located within the limits of the lot lines,
but not including any portion of the street. For the purpose of determining
lot area, that portion of a lot below the mean high-water line and/or
riparian lands shall be excluded.
[Amended 11-8-1995 by Ord. No. 1995-11]
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. Above- and below-ground swimming pools shall be included in
lot coverage. Lot coverage shall be measured in a horizontal plane
around the periphery of all buildings, structures, and impervious
surfaces at the most extensive points of the buildings, structures,
or surfaces.
[Added 11-8-1995 by Ord. No. 1995-11; amended 9-16-2003 by Ord. No.
2003-6; 10-4-2005 by Ord. No. 2005-5; 9-21-2009 by Ord. No.
2009-09; 4-3-2023 by Ord. No. 2023-05]
A horizontal distance between the midpoints of the front
and rear lot lines.
The distance measured along the major street line of a lot
when the side lines of the lot are at right angles to the street;
and when the side lines are not at right angles to the street, the
distance shall be measured across said lot at right angles to either
side line, provided that the lot frontage of a lot shall not be less
than the minimum width required for the particular zone in which the
lot is located unless the lot is located on a cul-de-sac or street
curve, in which case the frontage cannot be less than 60% of the required
lot width. For the purposes of calculating the width or depth of any
lot fronting on the ocean or bay, the lot frontage shall be measured
at the street. The minimum frontage, as required by any provision
of this chapter, shall be continuous and unbroken.
[Added 9-16-2003 by Ord. No. 2003-6;
amended 4-3-2023 by Ord. No. 2023-05]
The mean 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; however,
the mean lot width shall not be less than the required lot width.
A subdivision of land for the creation of not more than three
lots, including the remainder, provided that such subdivision does
not involve a planned development, any new street and the extension
of any off-tract improvement the cost of which is to be prorated.
A type of tower that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or rack) for panel antennas
arrayed at the top.
[Added 4-5-2005 by Ord. No. 2005-3]
A structure or group of structures which provide sleeping
rental units for temporary occupancy by transients, with each rental
unit being generally provided with a private entrance direct to the
outside, its own sanitary facilities, conveniently and approximately
situated parking facilities and a minimum of personal service.
An institution for the acquisition, preservation, study or
exhibition of works of artistic, architectural, historical, or scientific
value.
[Added 12-20-2010 by Ord. No. 2010-17]
A lot of record which does not have the minimum width, frontage
or depth or contain the minimum area required for the zoning district
in which it is located; provided, however, that, notwithstanding the
provisions of this chapter, any existing lot of record on May 1, 1977,
located in the R-100 Zone with an area of a minimum of 5,000 square
feet and a minimum lot width of 50 feet shall not be considered nonconforming
with respect to the lot area and lot width requirements of the R-100
Zone. All other yard and building requirements of the R-100 Zone,
as set forth in Appendix A,[1] shall apply to such lots and structures located thereon.
[Amended 11-8-1995 by Ord. No. 1995-11]
An off-street space available for the parking of a motor
vehicle.
The physical destruction of a structure or building by fire,
storm or other natural causes resulting in the loss of equal to or
less than 50% of the aggregate structure.
[Added 11-8-1995 by Ord. No. 1995-11; amended9-16-2003 by Ord. No. 2003-6]
Facilities for the provision of personal wireless services.
[Added 4-5-2005 by Ord. No. 2005-3]
The commercial mobile services, unlicensed and common carrier
wireless exchange services.
[Added 4-5-2005 by Ord. No. 2005-3]
The Planning Board of the Borough of Bay Head.
Elevations of the existing ground surface measured at the
perimeter of and within 10 feet of all exterior walls of all proposed
buildings or structures at the time of the construction and/or disturbance.
[Added 9-21-2009 by Ord. No. 2009-09; amended 4-3-2023 by Ord. No. 2023-05]
The building or buildings in which is conducted the main
or principal use of the lot on which the building is located.
The offices of a member of a recognized profession as hereinafter
indicated which, conducted on a residential property, shall be conducted
by a member or members of the residential family entirely within a
principal residential building and shall include only the offices
of doctors, ministers, architects, professional engineers, lawyers
and such similar professional occupations which may be so designated
by the Planning Board upon finding by such Board that such occupation
shall in no way adversely affect the safe and comfortable enjoyment
of property rights in any zone in which it is located to a greater
extent than for the professional activities listed herein. The issuance
of a state or local license for regulation of any gainful occupation
need not be deemed indicative of professional standing.
The emissions from wireless communications facilities or
any electromagnetic energy within the frequency range from 9.003 MHZ
to 30,000 MHZ.
[Added 4-5-2005 by Ord. No. 2005-3]
An establishment where food and drink are prepared, served
and consumed by the general public primarily within the principal
building. Outdoor seating, where provided, shall be no closer than
20 feet to the street curb.
An establishment containing sleeping rooms providing lodging
for the public for compensation. Guests stays are limited to 90 days.
Individual kitchen facilities and food service to guests or the public
are prohibited. The owner of the establishment shall be required to
reside on the premises.
A line within any lot parallel to a lot line marking the
limits of a required yard space, between which line and the lot line
no building or portion thereof may be erected, except as provided
in this chapter. In the case of an oceanfront lot, the required setback
shall be as set forth on the Borough of Bay Head Land Use Appendix
B, Oceanfront Properties—Front Yard Setback Map.
[Amended 11-8-1995 by Ord. No. 1995-11; 4-6-2020 by Ord. No. 2020-05]
An area from the point of intersection of street pavement
edge or curb-back, to points 25 feet along said street pavement edge
or curb-back in both directions, with lines connecting all three points
that must remain clear of sight obstructions.
[Added 12-20-2010 by Ord. No. 2010-18]
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.
[Amended 11-8-1995 by Ord. No. 1995-11]
Any sign which is owned or operated by any person, firm or
corporation engaged in the business of advertising for direct profit
gained from the rental of such signs or any sign advertising a commodity
not sold or produced on the premises. This shall include billboards
and off-premises signs indicating the direction to a particular place.
The area defined by the frame or edge of a sign. Where there
is no frame or edge to the sign, the area shall be defined by a projected,
enclosed, four-sided (straight side) geometric shape which most closely
outlines said sign.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification and meeting
the requirements of this chapter.
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 basement shall be considered to be a "story." A cellar
shall not be considered to be a "story."
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement meets
any of the following:
[Added 9-3-2013 by Ord. No. 2013-05]
A space under a sloping roof which has the line of intersection
of the roof and wall face not more than three feet above the floor
level and in which space the possible floor area with headroom of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath.
Any street, boulevard, road, lane, drive or parkway which
is an existing state or county roadway or was approved by the Borough
of Bay Head for public use and is now open to public travel as provided
by the Municipal Land Use Law (or its predecessor statute). The street
shall include the paved traversable portion of the roadway, drains,
curbs, gutters, sidewalks and other improvements of land within the
total right-of-way width incidental to the improvements and maintenance
of such street. A street shall have a minimum paved cartway width
of 24 feet.
[Added 9-16-2003 by Ord. No. 2003-6;
amended 4-3-2023 by Ord. No. 2023-05]
That line determining the limit of the highway rights of
the public, either existing or contemplated.
Any change in the supporting sections of a building, such
as bearing walls, columns, beams or girders, or in the utility system
or mechanical equipment of a structure which materially alters its
usability, capacity or function.
A combination of materials constructed for use, occupancy, or ornamentation whether installed on, above or below the surface of land. The term "structure" shall include a building and any deck higher than 12 inches above the preconstruction grade level, as measured in accordance with § 147-6H(1).
[Added 9-16-2003 by Ord. No. 2003-6; amended 10-4-2005 by Ord. No.
2005-5; 9-21-2009 by Ord. No. 2009-09]
A structure consisting of 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 and bathing.
[Added 11-8-1995 by Ord. No. 1995-11]
See "wireless telecommunications tower."
[Added 4-5-2005 by Ord. No. 2005-3]
When referring to a wireless telecommunications tower or
other structure, tower height is the distance measured from the finished
grade to the highest point on the tower or other structure, including
the base pad and any antenna. (See also the definition of "building
height.")
[Added 4-5-2005 by Ord. No. 2005-3]
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio, personal wireless service and similar communication purposes,
including self-supporting lattice towers, guyed towers, or monopole
towers. The term includes radio and television transmission towers,
microwave towers, common-carrier towers, cellular telephone towers,
alternative tower structures, and the like. The term includes the
structure and any support thereto.
[Added 4-5-2005 by Ord. No. 2005-3]
An open, unoccupied space on the same lot with the principal
building extending the full width of the lot and situated between
the street line and front line of the building projected to the side
lines of that lot parallel to the street line. In the case of lots
abutting the Barnegat Bay and Atlantic Ocean, the yard area abutting
the waterfront shall be considered the front yard. For lots abutting
the Atlantic Ocean, the required front yard setback line shall be
as set forth on the Borough of Bay Head Land Use Appendix B, Oceanfront
Properties—Front Yard Setback Map. The depth of the front yard
shall be measured at right angles to the street line or waterfront
in the case of lots abutting the Barnegat Bay or Atlantic Ocean. Notwithstanding
the provisions of this section, no building shall be located closer
than 20 feet to the street line.
[Amended 11-8-1995 by Ord. No. 11-1995; 8-5-1997 by Ord. No. 1997-6; 4-6-2020 by Ord. No. 2020-05]
An open, unoccupied space extending across the full width
of the lot and lying between the rear line of the lot and the nearest
line of any building. The depth of a rear yard shall be measured at
right angles to the rear line of the lot or, if the lot is not rectangular,
then the rear yard shall be measured perpendicularly to the rear lot
line to a line parallel therewith. Notwithstanding the provisions
of this section, no building shall be located closer than 20 feet
to the street line.
[Amended 3-16-1999 by Ord. No. 1999-4]
An open, unoccupied space between the side line of the lot
and the nearest line of any building and extending from the front
yard to the rear yard or, in the absence of either such yards, to
the street, beach, waterfront or rear lot lines, as the case may be.
The width of a side yard shall be measured at right angles from a
building to the side line of the lot.
A document signed by the Zoning Officer which is required
by this chapter as a condition precedent to the commencement of a
use or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of this chapter or variance therefrom duly authorized by the Planning
Board.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
