Atlantic City, NJ Article IV Interpretation; Definitions

§ 163-13 Provisions considered minimum; greater restrictions to be controlling.

A. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals and general welfare as set forth in the provisions hereof establishing the intent and purpose of this chapter in general and its various sections in particular.

B. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.

§ 163-14 Liberal construal of provisions.

This chapter, being necessary for the welfare of the City and its inhabitants, shall be construed liberally to effect the purposes thereof.

§ 163-15 Definitions.

A. Word usage. In the interpretation of this chapter, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise.

(1) Words used or defined in one tense or form shall include other tenses and derivative forms.

(2) Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.

(3) The masculine gender shall include the feminine, and the feminine gender shall include the masculine.

(4) The word "shall" is mandatory.

(5) The word "may" is permissive.

(6) The word "person" includes individuals, firms, corporations, associations, trusts and any other similar entities.

(7) The word "City" means Atlantic City, New Jersey.

(8) The word "county" means Atlantic County, New Jersey.

(9) In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, table or appendix, the text shall control.

B. Terms defined. When used in this chapter, the following terms shall have the meanings herein ascribed to them:

ACCESSORY USE OR STRUCTURE

An accessory structure or use in a structure or use which:

(1) Is subordinate to and serves a principal building or a principal use.

(2) Is subordinate in area, extent and purpose to the principal structure or principal use served.

(3) Contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served.

(4) Is located on the same lot as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter.

ADMINISTRATIVE OFFICER

The Land Use Administrator. See § 163-37C of this chapter.[1]

ADVERTISING SIGN

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.

ALLEY

A thoroughfare not more than 20 feet wide which affords only a secondary means to access to abutting property.

AMENDMENT

A means for making changes in the text of this chapter and the Zoning Map, which have more or less general significance or application, as expressly authorized by the provisions of Part 4, Article XVIII, of this chapter.

ANIMATED OR MOVING SIGN

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.

APARTMENT

A room or suite of rooms used as a single dwelling unit and located in a building in which there are two or more such rooms or suites.

APARTMENT BUILDING

(1) GARDEN A residential structure of no more than three stories containing three or more apartments.

(2) HIGH-RISE A residential structure of more than three stories containing three or more apartments.[2]

APPEAL

A means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of §§ 163-185, 163-190 and 163-195 of this chapter.

APPLICANT

A developer submitting an application for development.

[Added 6-15-1988 by Ord. No. 1-1988]

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by the provisions of this chapter for approval of a subdivision plat, site plan, planned development, conditional use or variance from the strict application of this chapter.

ARCADE

A continuous area parallel to and open to the street or to an urban open space, which is accessible to the public at all times and conforms to the following requirements:

(1) It shall adjoin a front lot line or urban open space boundary, extend for the full length of or a minimum of 100 feet along such front lot line or urban open space boundary, and at no point be above the level of adjoining public sidewalk or urban open space.

(2) It shall be covered by a permanent canopy or part of a building allowing at least 12 feet of headroom.

(3) It shall have a minimum depth of eight feet and a maximum depth of 20 feet, measured perpendicular to the front lot line or urban open space boundary.

(4) Portions of an "arcade" that are obstructed by columns, building services or similar features do not qualify as "arcade" area, but landscaping or works of art may occupy qualified "arcade" area, provided that a minimum clear width of six feet remains for pedestrian circulation along the length of the "arcade" and that public access from the street or urban open space is nowhere obstructed for a length of more than 20 feet or for an aggregate length of more than 65% of the "arcade's" total length within the lot. Access openings between obstructions shall not be less than six feet in width.

ARTERIAL STREET OR ROAD

A roadway so designated on the thoroughfare plan of the Master Plan or Official Map.[3]

ATTENTION-GETTING DEVICE

A device designed or intended to attract attention by sudden, intermittent or rhythmic movement, physical change or lighting change, such as pennants, banners, flags, streamers, balloons, propellers, whirligigs, searchlights and flashing lights.

ATTIC

That part of a building which is immediately below and, wholly or partly, within the roof framing.[4]

AUTOMOBILE REPAIR

General repair, rebuilding or reconditioning of engines, motor vehicles or trailers.

[Amended 6-15-1988 by Ord. No. 1-1988]

AUTOMOBILE SALES

Any building, land area or other premises used for the display or sale of new or used automobiles, trucks, trailers or boats, but not including any repair work other than warranty and other repair service conducted as an accessory use on such premises.

AUTOMOBILE SERVICE STATION

Any building, land area or other premises or portion thereof used or intended to be used for the retail dispensing or sales of automobile fuels, which activity may be accompanied by accessory uses such as sales of lubricants, tires, accessories or supplies, minor repairing of automobiles or a single-bay auto wash; provided, however, that automobile wrecking, major repairing of automobiles, parking or storing of automobiles for hire and the operation of more than one towing vehicle shall not be deemed permissible accessory uses of an "automobile service station."

AUTOMOBILE WRECKING

The dismantling or disassembling of motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

AUTO WASH

Any building or premises or portion thereof, the use of which is devoted to the business of washing automobiles for a fee, whether by automated cleaning devices or otherwise.

AWNING, CANOPY OR MARQUEE SIGN

A sign that is mounted or painted on or attached to an awning, canopy or marquee that is otherwise permitted by this chapter. No such sign shall project above, below or beyond the physical dimensions of such awning, canopy or marquee.

BASEMENT

A portion of a building located partly underground and having less than 1/2 its clear floor-to-ceiling height below grade.

BILLBOARD

See "advertising sign."

BOARDER

A person, other than a member of a family or group family household, occupying a part of any dwelling who, for a consideration, is furnished a meal or meals in such dwelling.

BOARDINGHOUSE

A dwelling where meals and lodging are provided for compensation for from three to 15 persons, who are not transients, by prearrangement for definite periods.

BOARD OF ADJUSTMENT

The City of Atlantic City Zoning Board of Adjustment, established pursuant to Article VI of this chapter.

BOARDWALK

An elevated public pedestrian walkway constructed over a public street along the oceanfront pursuant to ordinances of the City of Atlantic City.

BUILDING

Any structure of more or less permanent construction, having a roof and designed or intended for sheltering people, animals, property or business activity. Where independent units with separate entrances are divided by party walls, each unit is a "building."

BUILDING AREA

See "ground area of building."

BUILDING CODE or ATLANTIC CITY BUILDING ORDINANCE

The Uniform Construction Code of New Jersey, as from time to time adopted, readopted and amended.[5]

BUILDING FRONT

That exterior wall of a building facing the front line of the lot.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is situated.

BULK AND SPACE REGULATIONS

The regulations of this chapter pertaining to the permissible or required height, volume, area, floor area, floor area ratio, minimum lot area and dimensions to area per unit or per bedroom, lot coverage and usable open space applicable to uses and structures. The term does not include yard requirements.

BULLETIN BOARD SIGN

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 name or names of the person or persons connected with it and greetings, announcements of events or activities occurring at the institution or similar messages.

BUSINESS SIGN

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.

CANOPY SIGN

See "awning sign."

CARRY-OUT RESTAURANT

See "restaurant," Subsection (1) thereof.

CASINO

A room in which casino gaming is conducted pursuant to the provisions of the New Jersey Casino Control Act.[6][7]

[Amended 6-15-1988 by Ord. No. 1-1988]

CASINO HOTEL

See "hotel," Subsection (1) thereof.[8]

CELLAR

A portion of a building located partly or wholly underground, having 1/2 or more than 1/2 of its clear floor-to-ceiling height below grade.

CERTIFICATE OF LAND USE COMPLIANCE

See § 163-209 of this chapter.

CERTIFICATE OF OCCUPANCY

See § 163-216 of this chapter.

CLASSIFICATION or ZONING CLASSIFICATION

The district into which a parcel of land is placed and the body of regulations to which it is subjected by this chapter and the Zoning District Map.

CLINIC

An establishment where patients who are not lodged overnight are admitted for examination and treatment by two or more physicians, dentists, psychologists, social workers or similar professionals practicing together.

[Amended 6-15-1988 by Ord. No. 1-1988]

COASTAL AREA

The coastal area designated by the New Jersey Coastal Area Facility Review Act Rules and Regulations or successor legislation.[9]

COASTAL WETLANDS

The coastal wetlands designated by the New Jersey Wetlands Act of 1970 or successor legislation.[10]

COLLECTOR STREET OR ROAD

A roadway so designated on the thoroughfare plan of the Master Plan or Official Map.

COMMERCIAL BUILDING

A building, the principal use of which is a commercial use.

COMMERCIAL DISTRICT

Any district listed in § 163-53D of this chapter.

COMMERCIAL PLANNED DEVELOPMENT

An area developed pursuant to § 163-162 as a single entity according to a plan, containing one or more structures with appurtenant common areas to accommodate commercial uses, office uses and other incidental uses pursuant to said section.[11]

COMPLETELY ENCLOSED BUILDING

A building separated on all sides from the adjacent open area or from other buildings or structures by a permanent roof and by exterior walls or party walls pierced only by windows or doors normally provided for the accommodation of persons, goods or vehicles; however, a parking structure which has less than 50% of its outer wall space open shall be considered a "completely enclosed building."

CONDITIONAL USE

See Part 5, Article XXVI, of this chapter.

CONDOTEL

A building containing condominium units, rooms or suites of rooms, with or without culinary facilities and subject to a timeshare plan or transient vacation rentals.

[Added 6-15-1988 by Ord. No. 1-1988]

CONSTRUCTION SIGN

A temporary sign erected on premises on which construction is taking place during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors and similar artisans and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project.

CORNER LOT

See "lot," Subsection (1) thereof.

COUNTY MASTER PLAN

A composite of the Master Plan for the physical development of Atlantic County, New Jersey, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4 or their successor statutes.

COUNTY PLANNING BOARD

The Atlantic County Planning Board.

COURT

Open space, other than a yard, and unoccupied except by obstructions permitted in the definition of "yard," as set forth in this section, on the same lot with a building, which is bounded on two or more sides by the walls of such building.

COVERAGE

See "lot coverage."

CURB LEVEL

The permanently established grade of the street in front of a lot.

DAY

For purposes of computing time limits, the word "day" refers to calendar day.

DAY CARE

Daytime care or instruction of three or more children away from their own homes for more than three but less than 16 hours per day by an individual, association, corporation, institution or agency, whether or not for compensation or reward.

DAY-CARE CENTER

A place, other than an occupied residence, providing or designed to provide day care, or an occupied residence providing or designed to provide day care for seven or more children.

DAY-CARE HOME

An occupied residence providing or designed to provide day care for not more than six children.

DAY-CARE NURSERY

A place providing or designed to provide daytime care or instruction for three or more children from two to five years of age for up to three hours per day, whether or not for compensation or reward.

DEDICATION

The transfer of property from private to public ownership for a public purpose.

DENSITY

The permitted number of dwelling units per gross area of land to be developed.

[Amended 6-15-1988 by Ord. No. 1-1988]

DEPTH OF LOT

See "lot depth."

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; any mining, excavation or landfill; any use or change in the use of any building or other structure or land; and any extension of use of land for which permission may be required pursuant to this chapter.

DEVELOPMENT REGULATION

This chapter and any other code, ordinance or regulation applicable to the use and development of land or any amendment thereto adopted and filed pursuant to the provisions of the New Jersey Municipal Land Use Law or similar or successor legislation applicable to any department, division or agency of the state or any of its political subdivisions.

DISPLAY SURFACE OR FACE

The area made available by a sign structure for the purpose of displaying the message.

DISTANCE OF SIGN PROJECTION

The distance from the exterior wall surface of a building to the sign element farthest distant from such surface.

DISTRICT

A portion of the territory of Atlantic City within which certain regulations and requirements or various combinations thereof apply pursuant to the provisions of this chapter.

DISTRICT BOUNDARY LINE

The lines enclosing a district as shown on the Zoning Map.[12] Any uncertainty as to the location of the district boundaries as shown on the Zoning District Map shall be resolved pursuant to § 163-53 of this chapter.

DISTRICT BOUNDARY LOT

Any lot or parcel of land, any lot line of which coincides with a district boundary line or which is contiguous to any public or private right-of-way containing a district boundary line.

DOUBLE FRONTAGE LOT

See "lot," Subsection (2) thereof.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

DRIVE-IN ESTABLISHMENTS

An establishment which, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product which may be used or consumed in a motor vehicle on the premises or to be entertained while remaining in an automobile.

DUPLEX

See "dwelling," Subsection (1) thereof.

DWELLING

Any structure or portion thereof which is designed or used for residential purposes.

(1) DUPLEX DWELLING A dwelling designed for and occupied by not more than two families or group family households in separate dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall.

(2) MULTIPLE-FAMILY DWELLING A dwelling designed for or occupied by more than two families or group family households.

(3) SINGLE-FAMILY DETACHED DWELLING A dwelling designed for and occupied by not more than one family or group family household and surrounded by open space or yards and having no roof, wall or floor in common with any other dwelling unit.

(4) TOWNHOUSE DWELLING A row of four or more adjoining dwelling units, each of which is separated from the others by one or more unpierced walls extending from ground to roof.

(5) SINGLE-FAMILY ATTACHED DWELLING Two or three adjoining dwelling units, each of which is separated from the other(s) by one or more unpierced walls extending from ground to roof.

[Added 11-6-2002 by Ord. No. 55-2002]

DWELLING UNIT

Any room or group of rooms located within a dwelling forming a single habitable unit, with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family or group family household.

(1) EFFICIENCY DWELLING UNIT A dwelling unit consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.

DWELLING UNIT CONVERSION

The rebuilding, remodeling, addition to, alteration, extension or enlargement of, or conversion in any manner of an existing building to increase the number of dwelling units contained therein.

EARTHBORNE VIBRATION

A cyclic movement of the earth due to the propagation of mechanical energy.

EFFICIENCY DWELLING UNIT

See "dwelling unit," Subsection (1) thereof.

ENLARGEMENT

An addition to the floor area of an existing building, an increase in the size of any other existing structure or an increase in that portion of a tract of land occupied by an existing use.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

EXISTING ELEVATIONS

The elevations of all portions of a site prior to any site preparation work related to a proposed use for which approval under or pursuant to this chapter is required.

EXTENSION

An increase in the amount of existing floor area used for an existing use within an existing building.

EXTERIOR WALL

Any wall which defines the exterior boundaries of a building or its courts or of a structure.

FAMILY

One or more persons related by blood, marriage, adoption or guardianship, or not more than three persons not so related, occupying a dwelling unit and living as a single housekeeping unit. See also § 163-66C of this chapter with respect to group family households.

FAST-FOOD RESTAURANT

See "restaurant," Subsection (3) thereof.

FILLING

The depositing on land, whether submerged or not, of sand, gravel, earth or other materials of any composition whatsoever.

FINISH ELEVATIONS

The proposed elevations of the land surface of a site after completion of all site preparation work related to the proposed use for which approval under or pursuant to this chapter is required.

FLASHING SIGN

Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.

FLOOD FRINGE AREA

That portion of the flood hazard area not designated as the floodway.

FLOOD HAZARD AREA

The floodway and any additional designated portions of the floodplain.

FLOODPLAIN

The relatively flat area adjoining the channel of a natural stream, which has been or may be hereafter covered by floodwater.

FLOODWAY

The channel of a natural stream and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream.

FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of a wall separating two buildings. The "floor area" of a building shall include all floors at or above the finished grade. The "floor area" shall include attic floor area only to the extent that such floor area meets the dimensional standards for "habitable floor area" as defined in this section.

[Amended 6-15-1988 by Ord. No. 1-1988]

FLOOR AREA RATIO (FAR)

The floor area of the building or buildings on any lot divided by the lot area of such lot. When used in this chapter, the "floor area ratio" multiplied by the lot area in question produces the maximum amount of floor area that may be constructed on such lot.

FOOTCANDLE

A unit of illumination; technically, the illumination at all points one-foot distant from a uniform point source of one candle power.

FRATERNAL ORGANIZATION

A group of people formally organized for a common interest, business or pleasure. Such groups shall be defined to be similar but not limited to organizations as the Masonic Lodge, Knights of Columbus, etc.

FRATERNITY OR SORORITY HOUSE

A dwelling unit maintained exclusively for members affiliated with an academic or professional college, university or other recognized institution of higher learning.

FREE BURNING

A rate of combustion described by material which burns actively and easily supports combustion; for example, coal and charcoal.

FREESTANDING OUTDOOR RETAIL SALES, FOOD MARKETS, PRODUCE SALES, FOOD SALES, FLEA MARKETS AND OTHER SIMILAR TYPE USES

Uses established on vacant land, lots or parking lots, which are not an extension of the same uses contained and functioning within an adjacent structure, intended to operate on a seasonal or similar type temporary basis. In addition, such uses are generally characterized by the need to establish booths, stalls, tables or other similar temporary devices for the sale of goods or by the sale of goods from vans, trailers, food carts, station wagons or other similar type vehicles.

[Added 7-21-1993 by Ord. No. 53-1993]

FRONT LOT LINE

See "lot line," Subsection (1) thereof.

FRONT YARD

See "yard," Subsection (2) thereof.

FRONT YARD LINE

See "yard line," Subsection (1) thereof.[13]

GARAGE

A deck or building or part thereof used or intended to be used for the parking and storage of vehicles at one or more levels.

[Amended 2-5-1986 by Ord. No. 92-1985; 6-15-1988 by Ord. No. 1-1988]

GOVERNMENTAL AGENCIES

The government of the United States of America; the State of New Jersey or any other state; their political subdivisions, agencies or instrumentalities; and interstate and regional agencies exercising powers of government.

GOVERNMENTAL SIGN

A sign erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation.

GRADE

(1) For buildings and structures more than five feet from any street line, the average level of the finished surface adjacent to the building or structure.

(2) For buildings or structures, any portion of which is located within five feet of a street line or lines, the curb level or the average of the curb levels or their equivalent established ground surface adjacent to such street line or lines. Where a lot fronts upon two or more streets of different average levels, the average curb level of the higher street may be taken as the base for measuring the height of open spaces and buildings to a distance 100 feet back from the street with the higher curb level.

(3) For buildings or structures, the height of which is measured from the Boardwalk, the average level of the Boardwalk adjacent to such building or structure.

(4) For buildings or structures, the height of which is to be measured from sea level, sea level.[14]

GROUND AREA OF BUILDING

The horizontal area measured around the outside of the exterior walls and the floors of roofed porches and roofed terraces of all principal and accessory buildings on a lot.

GROUND COVERAGE

See "lot coverage."

GROUND SIGN

Any sign, other than a pole sign, placed upon or supported by the ground independently of any other structure.

GROUP FAMILY HOUSEHOLD

A group of four or more persons, not related by blood, marriage or adoption, living together in a dwelling unit as a single housekeeping unit under a common housekeeping management based on an intentionally structured relationship of mutual responsibility providing an organization and stability essentially equivalent to that found in families based on relationships of marriage and blood. The Land Use Administrator shall determine whether or not a group of individuals constitute a "group family household" and shall be guided in his decision by the factors set forth in § 163-66C of this chapter.

HABITABLE FLOOR AREA

Floor area in a habitable room, which room has a clear floor-to-ceiling height of not less than 7 1/2 feet over an area having no horizontal dimension of less than seven feet; provided, however, that no floor area where the ceiling height over such floor area is less than five feet shall be considered "habitable floor area."

HABITABLE ROOM

Any room or enclosed space used or intended to be used for sleeping, living, cooking or dining purposes, excluding, however, kitchens having less than 70 square feet of floor area and further excluding such enclosed places as utility rooms, closets, pantries, bath or toilet rooms, hallways, cellars, storage spaces, garages and similar spaces.

HEIGHT OF BUILDING

The vertical distance measured from base flood elevation to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

[Amended 5-21-2014 by Ord. No. 25-2014]

HEIGHT OF SIGN

The vertical distance measured between grade and the highest point of the highest element of the sign excluding any incidental structural element, such as uplift cable for a projecting sign.

HOLIDAY DECORATIONS

Temporary signs in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.

HOME OCCUPATION

A business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which use is incidental and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building. "Home occupations" are subject to the regulations set forth in § 163-67 of this chapter.

HOME OCCUPATION SIGN

A sign containing only the name and occupation of a permitted home occupation.

HOSPITAL

An institution providing health services and medical or surgical care to persons, primarily temporary inpatients, suffering from illness, disease, injury, deformity or other abnormal physical or mental condition and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities. "Hospital" does not include institutions for the permanent care of or occupation by the poor, infirm, incurable or insane.

HOTEL

A building or group of buildings containing more then six rooms used or intended to be used for lodging of a transient clientele for compensation, at least 75% of the rooms of which have their principal entrance from an interior hallway common to more than two rooms and in which common dining and recreation rooms, shops and service establishments may be provided as accessory uses.

(1) CASINO HOTEL A single building under one ownership, located within the limits of the City of Atlantic City as said limits were defined as of November 2, 1976, and containing not fewer than 500 sleeping units, each of at least 325 square feet measured to the center of perimeter walls, including bathroom and closet space and excluding hallways, balconies and lounges; each containing private bathroom facilities; and each held available and used regularly for the lodging of tourists and convention guests and conforming in all respects to the facilities requirements contained in the New Jersey Casino Control Act.[15] For the purpose of exceeding the maximum casino size specified in that Act, an approved hotel may, by means of physical connection, annex additional buildings or facilities. "Physical connection," for the purposes herein, means an enclosed permanent pedestrian passageway. In no event shall the main entrance or only access to an approved hotel be through a casino.

IDENTIFICATION SIGN

A sign giving the name, logo, trademark or other identifying symbol; address; or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.

ILLUMINATED SIGN

A sign lighted by or exposed to artificial lighting, either by lights on or in the sign or directed towards the sign.

INDUSTRIAL BUILDING

Any building, the principal use of which is an industrial use.

INDUSTRIAL DISTRICT

Any district as set forth in § 163-52E of this chapter.

INDUSTRIAL PLANNED DEVELOPMENT

An area developed pursuant to § 163-163 of this chapter as a single entity according to a plan, containing one or more structures with appurtenant common areas to accommodate industrial uses and other incidental uses pursuant to said section.

INDUSTRIAL USE OR PURPOSE

Any use first permitted in an industrial district.

INTENSE BURNING

A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly; for example, sawdust and powder, flaked or strip magnesium.

INTERESTED PARTY

In a criminal or quasi-criminal proceeding arising out of this chapter, any citizen of the State of New Jersey, and in the case of a civil proceeding arising out of or involving this chapter in any court or in any administrative proceeding under this chapter, any person, whether residing within or without the City of Atlantic City, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose right to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter.

INTERIOR LOT

A lot other than a corner lot.

JOINT IDENTIFICATION SIGN

A sign which serves as common or collective identification for two or more commercial, resort or industrial uses sharing an office plaza, shopping center, industrial park or the like and which is located on such premises. Such sign shall be limited in content to identification of the plaza, center, park or the like shared by such uses and shall not contain any reference to the individual uses sharing the plaza, center, park or the like.

JUNKYARD

A lot, land or structure or part thereof used for the purchase, collection, storage, recycling or sale of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or vehicles.

KENNEL

Any building or lot on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold.

LAND

Includes improvements and fixtures on, above or below the surface.

LAND SURVEYOR

A person who, by reason of his special knowledge of the mathematical sciences, the principles of determining and establishing accurate field measurements by means of land surveying procedures, the law pertaining to land and the methods whereby land boundaries are so marked, defined and described that they remain forever fixed, all acquired by professional training and experience, is qualified to practice land surveying as attested by his license as a land surveyor.

LAND USE ADMINISTRATOR

The head of the Atlantic City Office of Land Use Administration established pursuant to § 163-38 of this chapter.

LAUNDROMAT

An establishment providing washing, drying or dry-cleaning machines, or both, on the premises for rental use to the general public for family laundering or dry-cleaning purposes.

LESS RESTRICTIVE DISTRICT

See "more restrictive or less restrictive district."[16]

LOADING SPACE

An unobstructed, hard-surfaced area, no part of which is located in any street or public right-of-way, and the principal use of which is for the standing, loading or unloading of trucks and trailers.

LOT

A parcel of land under single ownership, undivided by any street or private road and occupied by or designated to be developed for one building or principal use or for a planned development of more than one principal building or use and the accessory buildings or uses customarily incident to such building, use or development, including such open spaces and yards as are designed and arranged or required by this chapter to be used with such building, use or development.

(1) CORNER LOT A lot abutting upon two or more streets at their intersection or junction, or a lot bounded on two sides by a curving street where it is possible to draw two intersecting tangents, one each commencing at each of the two points of intersection of the lot lines and street line, which intersect with each other to form an interior angle of less than 135°. Any portion of a "corner lot" whose nearest frontage measured along the front lot line is more than 50 feet from the point of intersection of the two street lines or of the two tangents shall be subject to the regulations applicable to an interior lot.

(2) DOUBLE FRONTAGE LOT A lot having frontage on two nonintersecting streets.

(3) INTERIOR LOT A lot other than a corner lot.

LOT AREA

The total horizontal area included within lot lines.

(1) LOT AREA PER DWELLING UNIT That portion of the lot area required by the applicable provisions of this chapter for each dwelling unit located on a lot.

(2) (Reserved)[17]

(3) MINIMUM AREA OF LOT The smallest lot on which a particular use or structure may be located in a particular district.

LOT COVERAGE

The percentage of lot area occupied by the principal and accessory buildings on such lot at grade level or above, excluding roof overhangs.

LOT DEPTH

The mean horizontal distance from the front lot line to the rear lot line, measured perpendicular to the front lot line.

LOT LINE

A line bounding a lot which divides one lot from another or from a street or any other public space or a private road.

(1) FRONT LOT LINE In the case of an interior lot abutting upon only one street, the street line separating such lot from such street; in the case of a double frontage lot or corner lot, each street line separating such lot from a street shall be considered a "front lot line."

[Amended 6-15-1988 by Ord. No. 1-1988]

(2) REAR LOT LINE That lot line which is parallel to and most distant from the front lot line of the lot; provided, however, that in the case of an irregular, triangular or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the "rear lot line."

(3) SIDE LOT LINE Any lot line other than a front or rear lot line.

LOT OF RECORD

A parcel of land that is a lot in a subdivision recorded on the records of the recorder of deeds of Atlantic County or that is described by a metes and bounds description which has been so recorded.

LOT WIDTH

The mean horizontal distance between side lot lines, measured at right angles to the depth; provided, however, that "lot width" measured along the front lot line shall not be less than 80% of the required minimum "lot width."

MAINTENANCE GUARANTY

Any security, other than cash, which may be accepted by the City for the maintenance of any improvement required by this chapter.

[Amended 6-15-1988 by Ord. No. 1-1988]

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MARQUEE SIGN

See "awning sign."

MASTER PLAN

See § 163-41 of this chapter.

MEMORIAL SIGN

A sign or tablet memorializing a person, event, structure or the like.

MINOR SUBDIVISION

A subdivision of land that does not involve any of the following: the creation of more than four lots, a planned development pursuant to this chapter, the laying out of any new street or the extension of any off-tract improvement.

MIXED PLANNED DEVELOPMENT

See § 163-164 of this chapter.

[Amended 6-15-1988 by Ord. No. 1-1988]

MODERATE BURNING

A rate of combustion described by a material which supports combustion and is consumed slowly as it burns; for example, wood, timber and logs.

MORE RESTRICTIVE OR LESS RESTRICTIVE DISTRICT

The R-1 classification shall be deemed to be the most restrictive classification established by this chapter, and the L-I classification shall be deemed to be the least restrictive classification. Other classifications shall be deemed to become less restrictive than the R-1 District in the order of their listing in § 163-52 of this chapter; provided, however, that the RS-C District and the special purpose districts shall be considered neither more nor less restrictive than any other district.

MOTEL

A building or group of buildings containing more than six rooms used or intended to be used for lodging of a transient clientele for compensation and which has individual entrances from the outside of the building for more than 25% of the dwelling or rooming units located therein.

MOVING SIGN

See "animated sign."

MULTIPLE-FAMILY DWELLING

See "dwelling," Subsection (2) thereof.[18]

NAMEPLATE SIGN

A sign giving the name or address, or both, of the owner or occupant of a building or premises on which it is located.

NEIGHBORHOOD HEALTH CENTER

A clinic organized as a voluntary, nonprofit enterprise to provide health care services to a broad socio-economic mix of patients within a specific service area.[19]

NONCONFORMING BUILDING OR STRUCTURE

Any building or structure, other than a sign, lawfully existing on the effective date of this chapter, or any amendment to it rendering such building or structure nonconforming, which:

(1) Does not comply with all of the regulations of this chapter or any amendment hereto governing parking or space and bulk requirements for the zoning district in which such building or structure is located;

(2) Is located on a lot which does not or is so located on a lot as not to comply with the yard requirements for the zoning district in which such building or structure is located; or

(3) Both Subsections (1) and (2) above, except that any building containing more than one dwelling unit in addition to the number permitted by the district regulations in the district where it is located shall be deemed to be a nonconforming use rather than a nonconforming building.

NONCONFORMING LOT OF RECORD

A lot of record which does not comply with the lot requirements for any permitted use in the district in which it is located.

NONCONFORMING SIGN

Any sign lawfully existing on the effective date of this chapter, or any amendment to it rendering such sign nonconforming, which does not comply with all of the standards and regulations of this chapter or any amendment hereto.

NONCONFORMING USE

Any use lawfully being made of any land, building or structure, other than a sign, on the effective date of this chapter, or any amendment to it rendering such use nonconforming, which does not comply with all of the regulations of this chapter or any amendment hereto governing use for the zoning district in which such land, building or structure is located.

NONUSE VARIANCE

See § 163-168B of this chapter.

NURSING HOME

An establishment which provides full-time convalescent or chronic care, or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such an establishment, and a hospital shall not be construed to be included in this definition.

ODOROUS MATTER

Any material that produces an olfactory response in a human being.

ODOR THRESHOLD

The lowest concentration of odorous matter in the air that will produce an olfactory response in a human being.

OFFICIAL COUNTY MAP

The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Atlantic County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP

See § 163-45 of this chapter.

OFFICIAL MAP VARIANCE

See § 163-168D of this chapter.

OFF SITE

Anything located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OFF TRACT

Anything not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON SITE

Located on the lot in question.

ON-SITE INFORMATIONAL SIGN

A sign commonly associated with and limited to information and directions necessary or convenient for persons coming on the property, including signs marking entrances and exits, parking areas, one-way drives, restrooms, pickup and delivery areas and the like.

ON TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN PORCH

See "porch, open."

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those improvements that are designed to be incidental to the natural openness of the land.

(1) COMMON OPEN SPACE Open space held in private ownership and regularly available for use by the occupants of more than one dwelling.

(2) PERIMETER LANDSCAPED OPEN SPACE A landscaped open space intended to enhance the appearance of parking lots and other outdoor auto-related uses or to screen incompatible uses along district boundary lines by means of appropriate landscaping or screening. Except as expressly provided otherwise in the regulations requiring a "perimeter landscaped open space," such open space shall extend along the entire length of the lot line in question and shall have a width equal to 15 feet or the depth or width of the yard required along the lot line in question, whichever is greater. "Perimeter landscaped open space" shall be broken only by required accessways. Such "perimeter landscaped open space" shall be suitably surfaced with grass, ground cover or decorative paving material or a combination thereof and shall contain landscaping, such as ornamental trees and shrubs, or appropriate screening devices, such as decorative walls, fences or berms or a combination thereof, sufficient to create a permanent screen not less than eight feet in height. Not more than 30% of such screen shall consist of walls or fences. The space shall be so designed and maintained as to preserve unobstructed vision of the street and sidewalk at points of access. Where a "perimeter landscaped open space" is required, a landscaping plan shall be submitted to the Land Use Administrator for review.

(3) PRIVATE OPEN SPACE Open space held in private ownership, the use of which is normally limited to the occupants of one dwelling.

(4) PUBLIC OPEN SPACE Open space conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.

(5) URBAN OPEN SPACE A landscaped public open area which conforms to the following requirements:

(a) Is accessible to the public at all times.

(b) Extends along a street line for a length of at least 30 feet and is directly accessible from the public sidewalk for a length of at least 30 feet or is directly connected by an entrance at least 10 feet wide with an upper level pedestrianway designated as such on the skyway plan.

(c) Has a depth of not less than 30 feet.

(d) Is not more than three feet above or below the level of the public sidewalk which it adjoins or the level of the upper level pedestrianway with which it connects.

(e) Is landscaped with trees, shrubs or other plant materials and may include cafe furniture, sculpture, fountains or similar features, provided that the surface area occupied by such planting or features does not exceed 2/3 of the area of the "urban open space" and that the balance of the "urban open space" area is suitable for walking, sitting and similar pursuits.

(6) USABLE OPEN SPACE Open space which is open and unobstructed from its lowest level to the sky, except for roof overhangs not in excess of five feet, and which is accessible to and usable by residents residing on the lot. "Usable open space" may include areas at the ground level and on roofs, terraces, decks and balconies, provided that such areas meet other criteria set forth in this definition. The minimum dimension for "usable open space" at the ground level shall be 10 feet, and the minimum area shall be 100 square feet. The minimum dimensions for "usable open space" located on roofs or decks shall be 20 feet, and the minimum area shall be 400 square feet. The minimum width for "usable open space" or a balcony shall be five feet, and the minimum area shall be 50 square feet.

PARKING AREA

Any land area designed and used for the parking of not more than three vehicles.

PARKING LOT

Any land area used or intended to be used for the parking of more than three vehicles.

[Amended 6-15-1988 by Ord. No. 1-1988]

(1) ACCESSORY PARKING LOT A parking lot which is on the same lot as another use and for which it provides parking.

(2) FREESTANDING PARKING LOT A parking lot which is not accessory to a particular use but which is itself the primary use.

PARKING SPACE

A space for the parking of a motor-driven vehicle within a public or private parking area.

PARTY IMMEDIATELY CONCERNED

For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and governmental agencies entitled to notice under § 163-200 of this chapter.

PERFORMANCE GUARANTY

See § 163-136B of this chapter.

PERIMETER SETBACK

A clear and unoccupied space extending along the entire lot line to a depth specified in the applicable provisions of this chapter. The depth of the "perimeter setback" area shall be measured at right angles to the lot line of the property.

PLANNED COMMERCIAL DEVELOPMENT

See "commercial planned development".

PLANNED DEVELOPMENT

See § 163-156 of this chapter.

PLANNED INDUSTRIAL DEVELOPMENT

See "industrial planned development."

PLANNED UNIT RESIDENTIAL DEVELOPMENT

See "residential planned unit development."

PLANNING BOARD

The City of Atlantic City Planning Board established pursuant to Part 2, Article V, of this chapter.

PLAT

One or more maps of a subdivision or a site plan which show the location, boundaries and ownerships of individual properties.

POLE SIGN

A sign that is mounted on a freestanding pole or other supports so that the bottom edge of the sign face is six feet or more above grade.

POLITICAL SIGN

A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.

PORCH, OPEN

A roofed open structure projecting from the exterior wall of a building and having at least 70% of the total area of the vertical planes forming its perimeter unobstructed in any mariner between floor and ceiling except by insect screening.

PORTABLE SIGN

A sign that is not permanently affixed to a building, a structure or the ground.

PREMISES

A lot, plot or parcel of land, together with the buildings and structures thereon.

PRINCIPAL PATRON CONNECTOR (PIER)

An above grade enclosed structural element linking a pier with a casino hotel or related facility and used primarily for patron access and egress to a pier.

[Added 8-6-1997 by Ord. No. 45-1997]

PRIVATE CLUB OR LODGE

A building and related facilities owned or operated by a corporation, association or group of persons for social, educational or recreational purposes for members regularly paying dues, but not primarily for profit nor to render a service which is customarily carried on as a business.[20]

PRIVATE SALE OR EVENT SIGN

A temporary sign advertising private sales of personal property at house sales, garage sales, rummage sales and the like, or private, not-for-profit events such as picnics, carnivals, bazaars, game nights, art fairs, craft shows, Christmas tree sales and the like.

PROJECTING SIGN

A sign that is, wholly or partly, dependent upon a building for support and which projects more than 12 inches from such building.

PROPOSED ELEVATIONS

See "finish elevations."

PUBLIC AREAS

Areas dedicated to any governmental agency for use as public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL

A Master Plan, capital improvement program or other proposal for land development adopted by any governmental agency or any amendment thereto.

PUBLIC DRAINAGEWAY

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.[21]

PUBLIC IMPROVEMENT

Any improvement, facility or service, together with its associated public site or right-of-way, necessary to provide transportation, drainage, utility, energy or similar essential services, including but not limited to streets, drives, sidewalks, walkways and other vehicular and pedestrian circulation systems, together with customary improvements and appurtenances such as signaling, signage, curbs and gutters, shade trees and landscaped buffers or parkways and street furniture; facilities incidental to a public transportation system such as loading zones, turnarounds, passenger waiting areas protected from inclement weather and pedestrian linkages between loading areas and activity areas; storm sewers and appurtenances, drainageways, culverts, flood control basins and devices, retention and detention basins or areas to control storm runoff, erosion and sediment control structures and devices and other drainage structures, devices and facilities; water supply and distribution facilities and appurtenances both for domestic use and for fire protection; sanitary sewage disposal and treatment facilities and appurtenances; public utility facilities and appurtenances for gas, electric and telephone service; and facilities and appurtenances for the production, conversion, distribution and storage of energy necessary for essential residential, resort, commercial and industrial uses permitted by this chapter.

PUBLIC OPEN SPACE

See "open space," Subsection (4) thereof.[22]

PUBLIC SITE or RIGHT-OF-WAY

An area devoted to or planned for use as a public park; a public school; a federal, state, county or City building or facility site; another public use or facility; or a right-of-way or easement for a street transportation corridor, utility corridor, waterway or drainageway owned or to be owned by a government agency.

REAL ESTATE SIGN

A sign pertaining to the sale or lease of the premises or a portion of the premises on which the sign is located, excluding, however, sold-by signs.

REAR LOT LINE

See "lot line," Subsection (2) thereof.

REAR YARD

See "yard," Subsection (3) thereof.

REAR YARD LINE

See "yard line," Subsection (2) thereof.[23]

RESIDENTIAL CLUSTER DEVELOPMENT

An area developed pursuant to § 163-159 of this chapter.

[Amended 6-15-1988 by Ord. No. 1-1988]

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

RESIDENTIAL DISTRICT

Any district listed in § 163-52A or B of this chapter.

RESIDENTIAL PLANNED UNIT DEVELOPMENT

An area developed pursuant to § 163-160 of this chapter.[24]

[Amended 6-15-1988 by Ord. No. 1-1988]

RESORT DISTRICT, RESORT COMMERCIAL DISTRICT or RESORT DEVELOPMENT DISTRICT

Any district listed in § 163-52C of this chapter.

RESORT PLANNED DEVELOPMENT

An area developed pursuant to § 163-161 of this chapter.[25]

[Amended 6-15-1988 by Ord. No. 1-1988]

RESTAURANT

An establishment where food is available to the general public primarily for consumption within a structure on the premises and where the consumption of food in motor vehicles on the premises is neither encouraged nor permitted.

(1) CARRY-OUT RESTAURANT An establishment which, by design of physical facilities or by service or packaging procedures, permits or encourages the purchase of prepared, ready-to-eat foods intended to be consumed off the premises and where the consumption of food in motor vehicles on the premises is neither permitted nor encouraged.

(2) DRIVE-IN RESTAURANT A drive-in establishment where food, frozen desserts or beverages are sold.

(3) FAST-FOOD RESTAURANT An establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry out with consumption off the premises and whose design or principal method of operation permits or encourages self-service, high-turnover dining.

RESUBDIVISION

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but "resubdivision" does not include conveyances so as to combine existing lots by deed or other instrument.

RIPARIAN LANDS

Those tidal lands of the State of New Jersey which are now or were formerly flowed by mean high water.

RIPARIAN LICENSE

Any legal instrument issued by the State of New Jersey which allows the use of riparian lands in the manner prescribed by that instrument as required generally by N.J.S.A. 12:3-1 et seq.

RIPARIAN PERMIT

Any legal instrument issued by the State of New Jersey pursuant to N.J.S.A. 12:5-3 prior to the development or improvement of the waterfront.

ROOF SIGN

A sign that is mounted upon the roof of a building or which is wholly dependent upon a building for support and which projects more than six inches above the highest 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.

ROOMER

A person other than a member of a family or group family household occupying a part of any dwelling unit who, for a consideration, is furnished sleeping accommodations in such dwelling unit.

ROOMING HOUSE

A dwelling where lodging is provided for compensation for three or more persons, who are not transients, by prearrangement for definite periods.

[Amended 6-15-1988 by Ord. No. 1-1988]

ROOMING UNIT

Any habitable room or group of not more than two habitable rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, of not more than two persons.

ROW HOUSE

See "dwelling," Subsection (4) thereof.

SEDIMENTATION

The deposition of soil that has been transported from its site or origin by water, ice, wind, gravity or other natural means as a product of erosion.

SEMIDETACHED DWELLING

See "dwelling" Subsection (1) thereof.

SIDE LOT LINE

See "lot line," Subsection (3) thereof.

SIDE YARD

See "yard," Subsection (4) thereof.

SIDE YARD LINE

See "yard line," Subsection (3) thereof.

SIDE YARD WIDTH

The minimum distance between a side lot line and a side yard line.

SIGN

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, designs, symbols, fixtures, colors, illumination or projected images. "Signs" do not include the flag or emblem of any nation, organization of nations, state or City or any fraternal, religious or civic organizations; merchandise pictures or models of products or services incorporated in a window display, works of art which in no way identity a product; graffiti; running, flashing or phasing lights which are integral to or serve to accent a principal structure or specific architectural components thereof; or scoreboards located or athletic fields. Definitions of particular functional and structural types of signs are listed alphabetically in this section and in § 163-71.

[Amended 10-9-1991 by Ord. No. 71-1991]

SIGN FACE

See "display surface or face."

SIGN WITH BACKING

Any sign that is displayed upon, against or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.

SIGN WITHOUT BACKING

Any word, letter, emblem, insignia, figure or similar character or group thereof that is neither backed by, incorporated in or otherwise made part of any larger display area.

SINGLE-FAMILY DETACHED DWELLING

See "dwelling," Subsection (3) thereof.

SITE PLAN

A development plan of one or more lots on which is shown:

[Amended 6-15-1988 by Ord. No. 1-1988]

(1) The existing and proposed conditions of the lot including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.

(2) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.

(3) Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter.

SORORITY HOUSE

See "fraternity or sorority house."

SPACE AND BULK REGULATIONS

See "bulk and space regulations."[26]

STORY

That part of a building between any floor and the floor above or, in its absence, the ceiling or roof above. A "story" in which persons live, sleep, work or congregate, the ceiling of which is more than three feet above the curb level taken at the center of the street facade, shall be counted as that fraction of a "story" which its height above such curb level bears to the height of the "story." A "story" which extends less than three feet above such curb level shall not be counted in determining the number of stories. Any "story" under a pitched roof at the top of a building, the floor of which is not more than 10 feet below the plate, shall be counted a half-story when not more than 60% of said floor area is used for rooms, baths or toilets; otherwise it shall be counted as that fraction of a "story" which its floor area in rooms, baths or toilets bears to the entire floor area. Any level or deck used exclusively for parking purposes, 1/2 or more of which extends above grade, shall be counted as a half-story.

STORY, HALF

See "story."

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided in the New Jersey Land Use Law;[27] or which is shown on a plat which was duly filed and recorded in the office of the Atlantic County Recorder prior to the appointment of a City of Atlantic City Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. The Boardwalk shall not be considered a "street."

STREET LINE

The dividing line between a lot and a street or a private road or way over which two or more dominant estates have the right-of-way or the Boardwalk.

STRUCTURAL ALTERATION

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.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions, if no new streets are created: divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; division of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons, and all of which are found and certified by the Land Use Administrator to conform to the requirements of this chapter and are shown as separate lots, tracts or parcels on the Tax Map of the City. The term "subdivision" shall also include the term "resubdivision."

[Amended 6-15-1988 by Ord. No. 1-1988]

TEMPORARY SIGN

A sign or advertising display constructed of cloth, canvas, fabric, paper, plywood or other light material and designed or intended to be displayed for a short period of time.

TEMPORARY USES

Uses established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent building or structure. No use expressly permitted or permissible as a permanent or "temporary use" in any district pursuant to the provisions of this chapter shall be allowed as a "temporary use" in any other district.

TERRACE

A level plane or surfaced patio, directly adjacent to a principal building at or within three feet of grade and not covered by any permanent structure.

THROUGH BLOCK CONNECTION

A portion of a lot, covered or open air, which is accessible to the public and provides a pedestrian connection between two streets which are parallel or approximately parallel to each other or between urban open spaces or arcades abutting such streets. At each of its ends, it shall be at the same elevation as the sidewalk, arcade or urban open space which it connects for a distance of at least 25 feet therefrom. If open, it shall have a minimum width equal to not less than 1/6 of the height of the highest abutting wall within 30 feet of its center line or 30 feet, whichever is more. If covered or enclosed, it shall have a minimum width of 15 feet. Columns, lighting standards, vertical circulation elements, plantings, ornamental fountains, sculptures, displays, kiosks or open cafes are permitted obstructions at the pedestrian level, provided that a continuous way not less than 15 feet wide remains free of obstructions and available for unimpeded pedestrian circulation. The ceiling height of a covered or enclosed "through block connection" shall at no point be less than 20 feet above the walking surface. Pedestrian bridges, balconies or mezzanines are permitted overhead obstructions, provided that they do not cover in the aggregate more than 20% of the area of the "through block connection."

TIMESHARE PLAN

Any plan or program in which the use, occupancy or possession of one or more condominium units, rooms or suite of rooms in a condotel circulates among various persons for less than 90 days in any year, for any occupant.

[Added 6-15-1988 by Ord. No. 1-1988]

TOWNHOUSE

See "dwelling," Subsection (4) thereof.

TRANSIENT VACATION RENTAL

Rentals in a hotel, motel or condotel with a duration of occupancy of less than 90 days.

[Added 6-15-1988 by Ord. No. 1-1988; amended 7-13-2011 by Ord. No. 49-2011; 9-26-2012 by Ord. No. 64-2012]

TRANSITIONAL CARE CLINIC

A clinic which is operated as a subordinate use in connection with and on the premises of a transitional care home solely for providing social or psychological therapy or counseling by a psychiatrist or psychologist, and the patients of which are limited to persons who have within the preceding three months resided in the transitional care home and to the families of persons who are residing in or have within the preceding three months resided in the transitional care home.

TRANSITIONAL CARE HOME

A facility in which persons live for a short period while receiving social or psychological therapy and counseling to assist them in overcoming family living problems or emotional handicaps which, while not requiring segregation from society, impede personal independence to the point of requiring shelter away from their usual residences and professional therapy and counseling on a more intensive basis than permitted by an outpatient status and in a setting permitting and supporting a gradual reintroduction to full participation in normal community life.

TRANSITIONAL CARE PATIENT

A person qualifying for the type of care or treatment permitted to be administered at a transitional care home or transitional care clinic.[28]

UNIVERSITY DISTRICT IDENTIFICATION SIGN

A sign constructed of cloth, canvas or other flexible material held in tension by spring-loaded arms that are affixed to a permanent object, which may contain the logo of, or message associated with, an educational organization or facility or identify the University District Overlay, or other depiction primarily intended to provide identification for the University District Overlay or for an educational organization, facility, service, or event within the University District Overlay.

[Added 7-18-2018 by Ord. No. 10-2018]

URBAN OPEN SPACE

See "open space," Subsection (5) thereof.

USABLE OPEN SPACE

See "open space," Subsection (6) thereof.[29]

USE VARIANCE

See § 163-168C of this chapter.

VARIANCE

Permission to depart from the literal requirements of this chapter granted pursuant to Part 5, Article XXVIII, of this chapter.

WALK-UP ESTABLISHMENT

An establishment which, by design of physical facilities or by service or packaging procedures, encourages or permits pedestrians to receive a service or obtain a product without entering the establishment building.

WALL SIGN

A sign fastened to or painted on the wall of a building or structure in such a 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.

WARNING SIGNS

Signs limited to messages of warning, danger or caution.

WATER SUPPLY SYSTEM

Any installation or structure designed to provide a potable water supply.

WETLANDS PERMIT

Any legal instrument issued pursuant to N.J.S.A. 13:9A-1 et seq. and N.J.A.C. 7:7A-1 et seq. permitting the applicant to engage in an activity specified therein.

WHOLESALE ESTABLISHMENT

A business engaged in the sale of commodities in quantity, usually for resale or business use, chiefly to retailers, other businesses, industries and institutions.

WIDTH OF LOT

See "lot width."[30]

WINDOW SIGN

A sign which is applied or attached to the exterior or interior of a window or located within three feet of the interior of a window and which can be seen from the exterior of the structure.

YARD

(1) A required open space on a lot between a lot line and a building or structure which is unoccupied and unobstructed from grade to the sky, except for the following permitted obstructions:

(a) Accessory uses, subject to the limitations of § 163-68.

(b) Statuary, arbors, trellises and barbecue stoves.

(c) Awnings and canopies.

(d) Bay windows and balconies projecting not more than 36 inches from an exterior wall for a distance not more than 1/3 of the length of such wall, provided that such projections shall come entirely within planes drawn from the main corners of the building at an interior angle of 22 1/2° with the wall in question.

(e) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like projecting not more than 36 inches from an exterior wall.

(f) Fire escapes or outside stairways projecting from an exterior wall not more than 36 inches.

(g) Flagpoles.

(h) Nonmechanical laundry-drying equipment, except in a front yard.

(i) Off-street parking and loading, but only as expressly authorized in § 163-70.

(j) Terraces.

(k) Recreational equipment, except in a front yard.

(l) HVAC equipment, except in a front yard.

[Added 11-6-2002 by Ord. No. 55-2002]

(m) Handicap ramps.

[Added 11-6-2002 by Ord. No. 55-2002]

(2) FRONT YARD A yard extending the full width of the lot between the street line and the front yard line.

(3) REAR YARD A yard extending the full width of the lot in the area between the rear lot line and the rear yard line.

(4) SIDE YARD A yard between a side lot line and a side yard line.

YARD DEPTH

(1) FRONT YARD DEPTH The minimum distance between the front lot line to the front yard line.

(2) REAR YARD DEPTH The minimum distance between the rear lot line to the rear yard line.

YARD LINE

(1) FRONT YARD LINE A line drawn parallel to a front lot line at a distance therefrom equal to the depth of the required front yard.

(2) REAR YARD LINE A line drawn parallel to a rear lot line at a distance therefrom equal to the depth of the required rear yard.

(3) SIDE YARD LINE A line drawn parallel to a side lot line at a distance therefrom equal to the depth of the required side yard.

YARD REQUIREMENTS

The regulations of this chapter establishing minimum front, side and rear yard requirements and setback requirements for various uses, structures and districts.

ZONING BOARD OF ADJUSTMENT

See "board of adjustment."

ZONING CLASSIFICATION

See "classification or zoning classification."

ZONING DISTRICT

See "district."

ZONING DISTRICT MAP or ZONING MAP

See § 163-53 of this chapter.

[1] Editor's Note: The former definitions of "adult bookstore," "adult business," "adult live entertainment" and "adult motion-picture theater," added 2-28-1984 by Ord. No. 10-1984, which immediately followed, were repealed 6-15-1988 by Ord. No. 1-1988.

[2] Editor's Note: The former definition of "apartment hotel," which immediately followed, was repealed 6-15-1988 by Ord. No. 1-1988.

[3] Editor's Note: The former definition of "attached dwelling," which immediately followed, was repealed 6-15-1988 by Ord. No. 1-1988.

[4] Editor's Note: The former definition of "authorized game or authorized gambling game," which immediately followed, was repealed 6-15-1988 by Ord. No. 1-1988.

[5] Editor's Note: See Ch. 111, Construction Codes, Uniform.

[6] Editor's Note: See N.J.S.A. 5:122-1 et seq.

[7] Editor's Note: The former definition of "casino employee," which immediately followed, was repealed 6-15-1988 by Ord. No. 1-1988.

[8] Editor's Note: The former definitions of "casino hotel employee," "casino key employee," "casino license" and "casino security employee," which immediately followed, were repealed 6-15-1988 by Ord. No. 1-1988.

[9] Editor's Note: See N.J.S.A. 13:19-1 et seq.

[10] Editor's Note: See N.J.S.A. 13:19A-1 et seq.

[11] Editor's Note: The former definitions of "commercial use or purpose," "community garage" and "community parking lot," which immediately followed, were repealed 6-15-1988 by Ord. No. 1-1988.

[12] Editor's Note: The Zoning Map is on file in the office of the City Clerk.

[13] Editor's Note: The former definitions of "game or gambling game," "gaming device or gaming equipment," "gaming or gambling" and "gaming or gambling establishment," which immediately followed, were repealed 6-15-1988 by Ord. No. 1-1988.

[14] Editor's Note: The former definitions of "gross floor area," and "gross revenue from gambling," which immediately followed, were repealed 6-15-1988 by Ord. No. 1-1988.

[15] Editor's Note: See N.J.S.A. 5:12-1 et seq.

[16] Editor's Note: The former definition of "licensed casino operation," which immediately followed, was repealed 6-15-1988 by Ord. No. 1-1988.

[17] Editor's Note: Former Subsection (2), which provided the definition of "lot area per room," was repealed 6-15-1988 by Ord. No. 1-1988.

[18] Editor's Note: The former definitions of "municipal garage" and "municipal parking lot," which immediately followed, were repealed 6-15-1988 by Ord. No. 1-1988.

[19] Editor's Note: The former definition of "net floor area," which immediately followed, was repealed 6-15-1988 by Ord. No. 1-1988.

[20] Editor's Note: The former definitions of "private garage" and "private parking lot," which immediately followed, were repealed 6-15-1988 by Ord. No. 1-1988.

[21] Editor's Note: The former definition of "public garage," which immediately followed, was repealed 6-15-1988 by Ord. No. 1-1988.

[22] Editor's Note: The former definition of "public parking lot," which immediately followed, was repealed 6-15-1988 by Ord. No. 1-1988.

[23] Editor's Note: The former definition of "residential building," which immediately followed, was repealed 6-15-1988 by Ord. No. 1-1988.

[24] Editor's Note: The former definitions of "residential use or purpose” and "resort building," which immediately followed, were repealed 6-15-1988 by Ord. No. 1988.

[25] Editor's Note: The former definition of "resort, resort commercial or resort development use or purpose," which immediately followed, was repealed 6-15-1988 by Ord. No. 1988.

[26] Editor's Note: The former definitions of "specified anatomical areas" and "specified sexual activities," added 2-28-1984, which immediately followed, were repealed 6-15-1988 by Ord. No. 1-1988.

[27] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[28] Editor's Note: The former definitions of "transitional parking garage" and "transitional parking lot," which immediately followed, were repealed 6-15-1988 by Ord. No. 1-1988.

[29] Editor's Note: The former definition of "use first permitted in X District," which immediately followed, was repealed 6-15-1988 by Ord. No. 1-1988.

[30] Editor's Note: The former definition of "window, legal," which immediately followed, was repealed 6-15-1988 by Ord. No. 1-1988.