This chapter shall be held to be the minimum
requirements adopted pursuant to the Municipal Land Use Law, Chapter
291, Laws of New Jersey, 1975, N.J.S.A. 40:55D-1 et seq., in order
to promote the public health, safety, morals and general welfare.
Among other purposes, the provisions of this chapter are intended
to provide adequate light, air and convenience of access, to prevent
overcrowding of land or buildings and to avoid undue concentration
of population by regulating and limiting the use of land, the height
and bulk of buildings wherever erected, to limit and determine the
size of yards and other open spaces and to conserve the value of property
and encourage the most appropriate use of land throughout the borough.
For the purpose of this chapter, the Borough
of Brooklawn is hereby divided into five classes of districts as follows:
[Amended 3-20-2017 by Ord. No. 6-17; 7-10-2017 by Ord. No. 15-17]
The Zoning Map of the Borough of Brooklawn be and hereby is
adopted consistent with the terms and conditions of this chapter.
The boundaries of these districts are hereby established as shown
the Zoning Map, which accompanies and is hereby declared to be a part
of this chapter and a copy of which is on file with the Brooklawn
Borough Clerk. Where said map indicates a district boundary on a set,
the center line of such street shall be construed to be the boundary.
Hereafter, no land shall be used or occupied
and no building, structure or premises or part thereof shall be used,
occupied, erected, altered, constructed, reconstructed, moved, raised,
extended or enlarged except in conformity with the regulations herein
prescribed for the district in which it is located. In case of mixed
use or occupancy, the regulations for each use shall apply to the
portion of the building or land so used or occupied. These regulations,
however, shall be subject to such powers as may be given to the Board
of Adjustment by law and by this chapter.
A.
Word usage. For the purpose of this chapter, any words
used in the present tense include the future; the plural number includes
the singular; the words “used for” include the meaning
“designed for”; the word “structure” includes
the word “building.” The meaning of all words not defined
in this chapter shall be taken from New Jersey Building Officials
and Code Administrators Basic Building Code/1978 or amendments and
reissues thereof.
B.
ACCESSORY BUILDING
ACCESSORY USE
ALLEY
ALTERATION
APARTMENT
BUILDING
CERTIFICATE OF OCCUPANCY
CURB LEVEL
CURBLINE
DEPTH OF LOT
DEVELOPER
FAMILY
FENCE
FRONT YARD
GAS STATION
HALF STORY
HEIGHT LIMIT
HEIGHT OF BUILDINGS
INTERIOR LOT
JUNKYARD
LOT
MAJOR REPAIRS
MIXED OCCUPANCY
NONCONFORMING USE
OFF-STREET PARKING FACILITY
ONE-FAMILY DETACHED DWELLING
PARKING AREA
PORCH
PRIVATE GARAGE
PUBLIC GARAGE
REAR YARD
REDEVELOPMENT
SEMIDETACHED DWELLING
SIDE YARD
SIGN
STORY
STREET
STREET LINES
STRUCTURE
THROUGH LOT
YARD
Definitions. For the purpose of this chapter, certain
terms and words are hereby defined as follows:
A building or structure subordinate to and located on the
same lot with the main building and designed, intended or used as
an accessory use.
Use of a building, lot or portion thereof, which use is customarily
incidental and subordinate to the principal use of the main building
or lot.
Any roadway or public way dedicated or open to public use
or shown on the Borough Map and not opened, 20 feet or less in width.
Any change in the supporting members of a building, except
such change as may be required for its safety; any addition to a building;
or removal of a building from one location to another .
A building or series of buildings under single ownership,
with common yards and open spaces, containing two or more suites of
rooms equipped for separate housekeeping.
A structure designed, built or occupied as a shelter or roofed
enclosure for persons, animals or property, including tents, lunch
wagons, dining cars, camp cars, trailers and other roofed structures
on wheels or other supports used for residential, business, mercantile,
storage, industrial, institutional, educational, assembly or recreational
purposes.
A statement signed by the Construction Code Official, setting
forth that a building or structure does comply with this chapter or
that a building, structure or parcel of land may lawfully be used
for specified uses.
[Amended 4-21-1986 by Ord. No. 7-86]
The elevation of the top of the curb or the established curb
grade opposite the center of the building or portion thereof under
consideration. Where the building does not adjoin the street, the
average elevation of the proposed grade line of the ground immediately
adjacent to the building as shown on the building plans shall be considered
as the “curb level.”
The line of the curb as presently existing or as may hereafter
be established by the governing body of the borough.
The mean horizontal distance between the front lot line and
rear lot line.
The legal or beneficial owner or owners of a lot or of any
land, including the holder of an option or contract of purchase or
other person having an enforceable proprietary interest in such land.
An individual or two or more persons related by blood or
marriage or a group of individuals of not more than four persons not
related by blood living together as a single housekeeping unit. In
each instance the “family” shall be understood to include
necessary servants and may be understood to include lodgers or roomers
taken for hire.
An enclosing barrier about a lot or portion thereof.
A yard across the full width of the lot extending from the
front line of the building to the from of the lot except as otherwise
provided herein.
Any establishment which stores, sells dispenses fuel for
motor vehicles.
A story under a gabled, hipped or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than two feet nor less than one foot above the finished floor of such
story .
A vertical distance fixed in each district and measured from
the curb level.
The vertical distance measured from the curb level to the
highest point of the roof adjacent to the street wall for flat roofs,
to the deck line of mansard roofs and to the mean height between eaves
and ridge for gabled, hipped and gambrel roofs.
A lot the side lines of which do not abut on a street.
Any place or structure used for the collection, storage,
purchase or sale of junk, rags, bones, old rope, old iron, old automobiles,
brass, copper, tin or other metals, old bottles of any and every nature
and description whatsoever.
A parcel of land which is or may be occupied by a building
and accessory buildings, including the open spaces required under
this chapter .
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders, joists or rafters
or enclosure walls.
Occupancy of a building or land for more than one use.
A use of a building or lands that does not conform to the
regulations of the district in which it is situated.
A parking area, as hereinafter defined, for the parking of
passenger vehicles of the occupants, employees, visitors and patrons
of specified types of buildings.
A building designed for and occupied exclusively as a residence
for only one family and having no party wall in common with an adjacent
building.
An open, off-street land area, including parking spaces and
access and egress drives or aisles, used or required by this chapter
for parking of automobiles or other vehicles exclusively and in which
no gasoline or automobile accessories are sold and no other business
is conducted.
A roofed, open structure projecting from the front, side
or rear wall of a building and having no enclosed features of glass,
wood or other material more than 30 inches above the floor thereof
except the necessary columns to support the roof.
A garage in which no business, service or industry is carried
on and which is designed to contain not more than three noncommercial
motor vehicles.
Any garage not included within the definition of a private
garage.
A yard across the full width of the lot, extending from the
rear line of the building to the rear line of the lot.
Clearance, replanning, development and redevelopment; the
conservation and rehabilitation of any structure or improvement; the
construction and provision for construction of residential, commercial,
industrial, public or other structures; and the grant or dedication
of spaces as may be appropriate or necessary in the interest of the
general welfare for streets, parks, playgrounds or other public purposes,
including recreational and other facilities, incidental or appurtenant
thereto, in accordance with a redevelopment plan.
[Added 5-16-2005 by Ord. No. 9-05]
A building designed for and occupied exclusively as a residence
for only one family, applied to one of two houses which are detached
from other buildings and joined together by a single party wall.
A yard between the side line of the building and the adjacent
side line of the lot, extending from the front yard to the rear yard.
If there is no front yard, the “side yard” shall be considered
as extending to the front line of the lot, and if there is no rear
yard, the “side yard” shall be considered as extending
to the rear line of the lot.
Any outdoor or indoor device, structure or display of any
writing, picture, painting, emblem, drawing or similar device intended
to invite or draw the attention of the public to any goods, services,
activity or location, separate, attached to or part of a structure.
That portion of a building included between the surface of
any floor and the floor above it, or if there is no floor above it,
then the space between such floor and the ceiling next above it.
Any roadway or public way dedicated or open to public use
or shown on the Borough Map, except an alley.
The lines upon which the width of the abutting streets is
established, i.e., the property line and not the curbline.
Anything constructed or erected, permanent or portable, or
anything attached to something having a permanent location on the
land.
An interior lot having frontage on two streets or one street
and an alley.
An open, unoccupied space on the same lot with a building,
unobstructed from the ground to the sky except as otherwise provided
herein.
