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.
This chapter, being necessary for the welfare of the City and
its inhabitants, shall be construed liberally to effect the purposes
thereof.
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.
ACCESSORY USE OR STRUCTURE
(1)
(2)
(3)
(4)
ADMINISTRATIVE OFFICER
ADVERTISING SIGN
ALLEY
AMENDMENT
ANIMATED OR MOVING SIGN
APARTMENT
APARTMENT BUILDING
APPEAL
APPLICANT
APPLICATION FOR DEVELOPMENT
ARCADE
(1)
(2)
(3)
(4)
ARTERIAL STREET OR ROAD
ATTENTION-GETTING DEVICE
ATTIC
AUTOMOBILE REPAIR
AUTOMOBILE SALES
AUTOMOBILE SERVICE STATION
AUTOMOBILE WRECKING
AUTO WASH
AWNING, CANOPY OR MARQUEE SIGN
BASEMENT
BILLBOARD
BOARDER
BOARDINGHOUSE
BOARD OF ADJUSTMENT
BOARDWALK
BUILDING
BUILDING AREA
BUILDING CODE or ATLANTIC CITY BUILDING ORDINANCE
BUILDING FRONT
BUILDING, PRINCIPAL
BULK AND SPACE REGULATIONS
BULLETIN BOARD SIGN
BUSINESS SIGN
CANOPY SIGN
CARRY-OUT RESTAURANT
CASINO
CASINO HOTEL
CELLAR
CERTIFICATE OF LAND USE COMPLIANCE
CERTIFICATE OF OCCUPANCY
CLASSIFICATION or ZONING CLASSIFICATION
CLINIC
COASTAL AREA
COASTAL WETLANDS
COLLECTOR STREET OR ROAD
COMMERCIAL BUILDING
COMMERCIAL DISTRICT
COMMERCIAL PLANNED DEVELOPMENT
COMPLETELY ENCLOSED BUILDING
CONDITIONAL USE
CONDOTEL
CONSTRUCTION SIGN
CORNER LOT
COUNTY MASTER PLAN
COUNTY PLANNING BOARD
COURT
COVERAGE
CURB LEVEL
DAY
DAY CARE
DAY-CARE CENTER
DAY-CARE HOME
DAY-CARE NURSERY
DEDICATION
DENSITY
DEPTH OF LOT
DEVELOPER
DEVELOPMENT
DEVELOPMENT REGULATION
DISPLAY SURFACE OR FACE
DISTANCE OF SIGN PROJECTION
DISTRICT
DISTRICT BOUNDARY LINE
DISTRICT BOUNDARY LOT
DOUBLE FRONTAGE LOT
DRAINAGE
DRIVE-IN ESTABLISHMENTS
DUPLEX
DWELLING
(1)
(2)
(3)
(4)
(5)
DWELLING UNIT
(1)
DWELLING UNIT CONVERSION
EARTHBORNE VIBRATION
EFFICIENCY DWELLING UNIT
ENLARGEMENT
EROSION
EXISTING ELEVATIONS
EXTENSION
EXTERIOR WALL
FAMILY
FAST-FOOD RESTAURANT
FILLING
FINISH ELEVATIONS
FLASHING SIGN
FLOOD FRINGE AREA
FLOOD HAZARD AREA
FLOODPLAIN
FLOODWAY
FLOOR AREA
FLOOR AREA RATIO (FAR)
FOOTCANDLE
FRATERNAL ORGANIZATION
FRATERNITY OR SORORITY HOUSE
FREE BURNING
FREESTANDING OUTDOOR RETAIL SALES, FOOD MARKETS, PRODUCE SALES,
FOOD SALES, FLEA MARKETS AND OTHER SIMILAR TYPE USES
FRONT LOT LINE
FRONT YARD
FRONT YARD LINE
GARAGE
GOVERNMENTAL AGENCIES
GOVERNMENTAL SIGN
GRADE
(1)
(2)
(3)
(4)
GROUND AREA OF BUILDING
GROUND COVERAGE
GROUND SIGN
GROUP FAMILY HOUSEHOLD
HABITABLE FLOOR AREA
HABITABLE ROOM
HEIGHT OF BUILDING
HEIGHT OF SIGN
HOLIDAY DECORATIONS
HOME OCCUPATION
HOME OCCUPATION SIGN
HOSPITAL
HOTEL
(1)
IDENTIFICATION SIGN
ILLUMINATED SIGN
INDUSTRIAL BUILDING
INDUSTRIAL DISTRICT
INDUSTRIAL PLANNED DEVELOPMENT
INDUSTRIAL USE OR PURPOSE
INTENSE BURNING
INTERESTED PARTY
INTERIOR LOT
JOINT IDENTIFICATION SIGN
JUNKYARD
KENNEL
LAND
LAND SURVEYOR
LAND USE ADMINISTRATOR
LAUNDROMAT
LESS RESTRICTIVE DISTRICT
LOADING SPACE
LOT
(1)
(2)
(3)
LOT AREA
(1)
(2)
(3)
LOT COVERAGE
LOT DEPTH
LOT LINE
(1)
(2)
(3)
LOT OF RECORD
LOT WIDTH
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MARQUEE SIGN
MASTER PLAN
MEMORIAL SIGN
MINOR SUBDIVISION
MIXED PLANNED DEVELOPMENT
MODERATE BURNING
MORE RESTRICTIVE OR LESS RESTRICTIVE DISTRICT
MOTEL
MOVING SIGN
MULTIPLE-FAMILY DWELLING
NAMEPLATE SIGN
NEIGHBORHOOD HEALTH CENTER
NONCONFORMING BUILDING OR STRUCTURE
(1)
(2)
(3)
NONCONFORMING LOT OF RECORD
NONCONFORMING SIGN
NONCONFORMING USE
NONUSE VARIANCE
NURSING HOME
ODOROUS MATTER
ODOR THRESHOLD
OFFICIAL COUNTY MAP
OFFICIAL MAP
OFFICIAL MAP VARIANCE
OFF SITE
OFF TRACT
ON SITE
ON-SITE INFORMATIONAL SIGN
ON TRACT
OPEN PORCH
OPEN SPACE
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
(d)
(e)
(6)
PARKING AREA
PARKING LOT
(1)
(2)
PARKING SPACE
PARTY IMMEDIATELY CONCERNED
PERFORMANCE GUARANTY
PERIMETER SETBACK
PLANNED COMMERCIAL DEVELOPMENT
PLANNED DEVELOPMENT
PLANNED INDUSTRIAL DEVELOPMENT
PLANNED UNIT RESIDENTIAL DEVELOPMENT
PLANNING BOARD
PLAT
POLE SIGN
POLITICAL SIGN
PORCH, OPEN
PORTABLE SIGN
PREMISES
PRINCIPAL PATRON CONNECTOR (PIER)
PRIVATE CLUB OR LODGE
PRIVATE SALE OR EVENT SIGN
PROJECTING SIGN
PROPOSED ELEVATIONS
PUBLIC AREAS
PUBLIC DEVELOPMENT PROPOSAL
PUBLIC DRAINAGEWAY
PUBLIC IMPROVEMENT
PUBLIC OPEN SPACE
PUBLIC SITE or RIGHT-OF-WAY
REAL ESTATE SIGN
REAR LOT LINE
REAR YARD
REAR YARD LINE
RESIDENTIAL CLUSTER DEVELOPMENT
RESIDENTIAL DENSITY
RESIDENTIAL DISTRICT
RESIDENTIAL PLANNED UNIT DEVELOPMENT
RESORT DISTRICT, RESORT COMMERCIAL DISTRICT or RESORT DEVELOPMENT
DISTRICT
RESORT PLANNED DEVELOPMENT
RESTAURANT
(1)
(2)
(3)
RESUBDIVISION
RIPARIAN LANDS
RIPARIAN LICENSE
RIPARIAN PERMIT
ROOF SIGN
ROOMER
ROOMING HOUSE
ROOMING UNIT
ROW HOUSE
SEDIMENTATION
SEMIDETACHED DWELLING
SIDE LOT LINE
SIDE YARD
SIDE YARD LINE
SIDE YARD WIDTH
SIGN
SIGN FACE
SIGN WITH BACKING
SIGN WITHOUT BACKING
SINGLE-FAMILY DETACHED DWELLING
SITE PLAN
(1)
(2)
(3)
SORORITY HOUSE
SPACE AND BULK REGULATIONS
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
SUBDIVISION
TEMPORARY SIGN
TEMPORARY USES
TERRACE
THROUGH BLOCK CONNECTION
TIMESHARE PLAN
TOWNHOUSE
TRANSIENT VACATION RENTAL
TRANSITIONAL CARE CLINIC
TRANSITIONAL CARE HOME
TRANSITIONAL CARE PATIENT
UNIVERSITY DISTRICT IDENTIFICATION SIGN
URBAN OPEN SPACE
USABLE OPEN SPACE
USE VARIANCE
VARIANCE
WALK-UP ESTABLISHMENT
WALL SIGN
WARNING SIGNS
WATER SUPPLY SYSTEM
WETLANDS PERMIT
WHOLESALE ESTABLISHMENT
WIDTH OF LOT
WINDOW SIGN
YARD
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(2)
(3)
(4)
YARD DEPTH
(1)
(2)
YARD LINE
(1)
(2)
(3)
YARD REQUIREMENTS
ZONING BOARD OF ADJUSTMENT
ZONING CLASSIFICATION
ZONING DISTRICT
ZONING DISTRICT MAP or ZONING MAP
Terms defined. When used in this chapter, the following terms shall
have the meanings herein ascribed to them:
An accessory structure or use in a structure or use which:
Is subordinate to and serves a principal building or a principal
use.
Is subordinate in area, extent and purpose to the principal
structure or principal use served.
Contributes to the comfort, convenience or necessity of the
occupants, business or industry of the principal structure or principal
use served.
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.
The Land Use Administrator. See § 163-37C of this
chapter.[1]
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
A thoroughfare not more than 20 feet wide which affords only
a secondary means to access to abutting property.
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.
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.
A developer submitting an application for development.
[Added 6-15-1988 by Ord. No. 1-1988]
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.
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:
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.
It shall be covered by a permanent canopy or part of a building
allowing at least 12 feet of headroom.
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.
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.
A roadway so designated on the thoroughfare plan of the Master
Plan or Official Map.[3]
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.
That part of a building which is immediately below and, wholly
or partly, within the roof framing.[4]
General repair, rebuilding or reconditioning of engines,
motor vehicles or trailers.
[Amended 6-15-1988 by Ord. No. 1-1988]
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.
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."
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.
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.
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.
A portion of a building located partly underground and having
less than 1/2 its clear floor-to-ceiling height below grade.
See "advertising sign."
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.
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.
The City of Atlantic City Zoning Board of Adjustment, established pursuant to Article VI of this chapter.
An elevated public pedestrian walkway constructed over a
public street along the oceanfront pursuant to ordinances of the City
of Atlantic City.
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."
See "ground area of building."
The Uniform Construction Code of New Jersey, as from time
to time adopted, readopted and amended.[5]
That exterior wall of a building facing the front line of
the lot.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
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.
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.
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.
See "awning sign."
See "restaurant," Subsection (1) thereof.
See "hotel," Subsection (1) thereof.[8]
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.
See § 163-209 of this chapter.
See § 163-216 of this chapter.
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.
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]
The coastal area designated by the New Jersey Coastal Area
Facility Review Act Rules and Regulations or successor legislation.[9]
The coastal wetlands designated by the New Jersey Wetlands
Act of 1970 or successor legislation.[10]
A roadway so designated on the thoroughfare plan of the Master
Plan or Official Map.
A building, the principal use of which is a commercial use.
Any district listed in § 163-53D of this chapter.
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."
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]
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.
See "lot," Subsection (1) thereof.
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.
The Atlantic County Planning Board.
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.
See "lot coverage."
The permanently established grade of the street in front
of a lot.
For purposes of computing time limits, the word "day" refers
to calendar day.
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.
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.
An occupied residence providing or designed to provide day
care for not more than six children.
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.
The transfer of property from private to public ownership
for a public purpose.
The permitted number of dwelling units per gross area of
land to be developed.
[Amended 6-15-1988 by Ord. No. 1-1988]
See "lot depth."
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; 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.
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.
The area made available by a sign structure for the purpose
of displaying the message.
The distance from the exterior wall surface of a building
to the sign element farthest distant from such surface.
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.
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.
See "lot," Subsection (2) thereof.
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.
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.
See "dwelling," Subsection (1) thereof.
Any structure or portion thereof which is designed or used
for residential purposes.
DUPLEX DWELLINGA 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.
MULTIPLE-FAMILY DWELLINGA dwelling designed for or occupied by more than two families or group family households.
SINGLE-FAMILY DETACHED DWELLINGA 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.
TOWNHOUSE DWELLINGA 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.
SINGLE-FAMILY ATTACHED DWELLINGTwo 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]
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.
EFFICIENCY DWELLING UNITA dwelling unit consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.
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.
A cyclic movement of the earth due to the propagation of
mechanical energy.
See "dwelling unit," Subsection (1) thereof.
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.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
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.
An increase in the amount of existing floor area used for
an existing use within an existing building.
Any wall which defines the exterior boundaries of a building
or its courts or of a structure.
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.
See "restaurant," Subsection (3) thereof.
The depositing on land, whether submerged or not, of sand,
gravel, earth or other materials of any composition whatsoever.
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.
Any directly or indirectly illuminated sign which exhibits
changing natural or artificial light or color effects by any means
whatsoever.
That portion of the flood hazard area not designated as the
floodway.
The floodway and any additional designated portions of the
floodplain.
The relatively flat area adjoining the channel of a natural
stream, which has been or may be hereafter covered by floodwater.
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.
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]
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.
A unit of illumination; technically, the illumination at
all points one-foot distant from a uniform point source of one candle
power.
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.
A dwelling unit maintained exclusively for members affiliated
with an academic or professional college, university or other recognized
institution of higher learning.
A rate of combustion described by material which burns actively
and easily supports combustion; for example, coal and charcoal.
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]
See "lot line," Subsection (1) thereof.
See "yard," Subsection (2) thereof.
See "yard line," Subsection (1) thereof.[13]
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]
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.
A sign erected and maintained pursuant to and in discharge
of any governmental function or required by any law, ordinance or
governmental regulation.
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.
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.
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.
For buildings or structures, the height of which is to be measured
from sea level, sea level.[14]
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.
See "lot coverage."
Any sign, other than a pole sign, placed upon or supported
by the ground independently of any other structure.
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.
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."
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.
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]
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.
Temporary signs in the nature of decorations, clearly incidental
to and customarily and commonly associated with any national, local
or religious holiday.
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.
A sign containing only the name and occupation of a permitted
home occupation.
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.
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.
CASINO HOTELA 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.
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.
A sign lighted by or exposed to artificial lighting, either
by lights on or in the sign or directed towards the sign.
Any building, the principal use of which is an industrial
use.
Any district as set forth in § 163-52E of this chapter.
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.
Any use first permitted in an industrial district.
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.
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.
A lot other than a corner lot.
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.
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.
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.
Includes improvements and fixtures on, above or below the
surface.
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.
The head of the Atlantic City Office of Land Use Administration established pursuant to § 163-38 of this chapter.
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.
See "more restrictive or less restrictive district."[16]
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.
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.
CORNER LOTA 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.
DOUBLE FRONTAGE LOTA lot having frontage on two nonintersecting streets.
INTERIOR LOTA lot other than a corner lot.
The total horizontal area included within lot lines.
LOT AREA PER DWELLING UNITThat portion of the lot area required by the applicable provisions of this chapter for each dwelling unit located on a lot.
(Reserved)[17]
MINIMUM AREA OF LOTThe smallest lot on which a particular use or structure may be located in a particular district.
The percentage of lot area occupied by the principal and
accessory buildings on such lot at grade level or above, excluding
roof overhangs.
The mean horizontal distance from the front lot line to the
rear lot line, measured perpendicular to the front 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.
FRONT LOT LINEIn 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]
REAR LOT LINEThat 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."
SIDE LOT LINEAny lot line other than a front or rear lot line.
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.
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."
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]
Any subdivision not classified as a minor subdivision.
See "awning sign."
See § 163-41 of this chapter.
A sign or tablet memorializing a person, event, structure
or the like.
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.
See § 163-164 of this chapter.
[Amended 6-15-1988 by Ord. No. 1-1988]
A rate of combustion described by a material which supports
combustion and is consumed slowly as it burns; for example, wood,
timber and logs.
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.
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.
See "animated sign."
See "dwelling," Subsection (2) thereof.[18]
A sign giving the name or address, or both, of the owner
or occupant of a building or premises on which it is located.
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]
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:
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;
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
A lot of record which does not comply with the lot requirements
for any permitted use in the district in which it is located.
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.
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.
See § 163-168B of this chapter.
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.
Any material that produces an olfactory response in a human
being.
The lowest concentration of odorous matter in the air that
will produce an olfactory response in a human being.
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.
See § 163-45 of this chapter.
See § 163-168D of this chapter.
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.
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.
Located on the lot in question.
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.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
See "porch, open."
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.
COMMON OPEN SPACEOpen space held in private ownership and regularly available for use by the occupants of more than one dwelling.
PERIMETER LANDSCAPED OPEN SPACEA 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.
PRIVATE OPEN SPACEOpen space held in private ownership, the use of which is normally limited to the occupants of one dwelling.
PUBLIC OPEN SPACEOpen 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.
URBAN OPEN SPACEA landscaped public open area which conforms to the following requirements:
Is accessible to the public at all times.
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.
Has a depth of not less than 30 feet.
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.
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.
USABLE OPEN SPACEOpen 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.
Any land area designed and used for the parking of not more
than three vehicles.
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]
ACCESSORY PARKING LOTA parking lot which is on the same lot as another use and for which it provides parking.
FREESTANDING PARKING LOTA parking lot which is not accessory to a particular use but which is itself the primary use.
A space for the parking of a motor-driven vehicle within
a public or private parking area.
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.
See § 163-136B of this chapter.
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.
See "commercial planned development".
See § 163-156 of this chapter.
See "industrial planned development."
See "residential planned unit development."
One or more maps of a subdivision or a site plan which show
the location, boundaries and ownerships of individual properties.
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.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election.
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.
A sign that is not permanently affixed to a building, a structure
or the ground.
A lot, plot or parcel of land, together with the buildings
and structures thereon.
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]
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]
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.
A sign that is, wholly or partly, dependent upon a building
for support and which projects more than 12 inches from such building.
See "finish elevations."
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.
A Master Plan, capital improvement program or other proposal
for land development adopted by any governmental agency or any amendment
thereto.
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]
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.
See "open space," Subsection (4) thereof.[22]
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.
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.
See "lot line," Subsection (2) thereof.
See "yard," Subsection (3) thereof.
See "yard line," Subsection (2) thereof.[23]
An area developed pursuant to § 163-159 of this chapter.
[Amended 6-15-1988 by Ord. No. 1-1988]
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
Any district listed in § 163-52C of this chapter.
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.
CARRY-OUT RESTAURANTAn 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.
DRIVE-IN RESTAURANTA drive-in establishment where food, frozen desserts or beverages are sold.
FAST-FOOD RESTAURANTAn 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.
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.
Those tidal lands of the State of New Jersey which are now
or were formerly flowed by mean high water.
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.
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.
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.
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.
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]
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.
See "dwelling," Subsection (4) thereof.
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.
See "dwelling" Subsection (1) thereof.
See "lot line," Subsection (3) thereof.
See "yard," Subsection (4) thereof.
See "yard line," Subsection (3) thereof.
The minimum distance between a side lot line and a side yard
line.
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]
See "display surface or face."
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.
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.
See "dwelling," Subsection (3) thereof.
A development plan of one or more lots on which is shown:
[Amended 6-15-1988 by Ord. No. 1-1988]
The existing and proposed conditions of the lot including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways.
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting and
screening devices.
Any other information that may be reasonably required in order
to make an informed determination pursuant to the provisions of this
chapter.
See "fraternity or sorority house."
See "bulk and space regulations."[26]
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.
See "story."
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."
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.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
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]
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.
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.
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.
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."
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]
See "dwelling," Subsection (4) thereof.
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]
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.
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.
A person qualifying for the type of care or treatment permitted
to be administered at a transitional care home or transitional care
clinic.[28]
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]
See "open space," Subsection (5) thereof.
See "open space," Subsection (6) thereof.[29]
See § 163-168C of this chapter.
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.
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.
Signs limited to messages of warning, danger or caution.
Any installation or structure designed to provide a potable
water supply.
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.
A business engaged in the sale of commodities in quantity,
usually for resale or business use, chiefly to retailers, other businesses,
industries and institutions.
See "lot width."[30]
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.
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:
Accessory uses, subject to the limitations of § 163-68.
Statuary, arbors, trellises and barbecue stoves.
Awnings and canopies.
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.
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.
Fire escapes or outside stairways projecting from an exterior
wall not more than 36 inches.
Flagpoles.
Nonmechanical laundry-drying equipment, except in a front yard.
Off-street parking and loading, but only as expressly authorized in § 163-70.
Terraces.
Recreational equipment, except in a front yard.
HVAC equipment, except in a front yard.
[Added 11-6-2002 by Ord. No. 55-2002]
Handicap ramps.
[Added 11-6-2002 by Ord. No. 55-2002]
FRONT YARDA yard extending the full width of the lot between the street line and the front yard line.
REAR YARDA yard extending the full width of the lot in the area between the rear lot line and the rear yard line.
SIDE YARDA yard between a side lot line and a side yard line.
FRONT YARD DEPTHThe minimum distance between the front lot line to the front yard line.
REAR YARD DEPTHThe minimum distance between the rear lot line to the rear yard line.
FRONT YARD LINEA line drawn parallel to a front lot line at a distance therefrom equal to the depth of the required front yard.
REAR YARD LINEA line drawn parallel to a rear lot line at a distance therefrom equal to the depth of the required rear yard.
SIDE YARD LINEA line drawn parallel to a side lot line at a distance therefrom equal to the depth of the required side yard.
The regulations of this chapter establishing minimum front,
side and rear yard requirements and setback requirements for various
uses, structures and districts.
See "board of adjustment."
See "classification or zoning classification."
See "district."
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.
[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.