For the purpose of this chapter:
[Amended 10-4-2018 by Ord. No. 24-2018]
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings as
herein defined. Whenever a term is used in this chapter which is defined
in the Municipal Land Use Law (MLUL), such term shall have the same
meaning as defined in the Municipal Land Use Law (MLUL).
Any existing or proposed county road shown on the adopted
County Master Plan or Official Map which adjoins or lies within a
lot or parcel of land submitted for subdivision or site plan approval.
A physical entrance to property.
A building or structure, the use of which is customarily
incidental and subordinate to that of the principal building located
on the same lot. When an accessory building is attached in a substantial
manner by a wall or roof to a principal building or structure, it
shall be considered a part thereof.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot as the principal use.
The Americans with Disabilities Act (42 U.S.C.A. § 12101
et seq.).
[Added 10-4-2018 by Ord.
No. 24-2018]
An increase in the footprint area of a building or an increase
in the average height of the highest roof surface or the number of
stories of a building.
[Amended 10-4-2018 by Ord. No. 24-2018]
For the purposes of this chapter, the administrative officer
shall be the Zoning Officer unless the City Commissioners designate
a different municipal official.
[Amended 12-3-2009 by Ord. No. 32-2009]
Any residence regulated by the Department of Health and Senior
Services and housing no more than three elderly or persons with physical
disabilities in which personal care and other supportive services
are provided by an individual who has been licensed by the Department
of Health and Senior Services as an adult family caregiver. "Adult
family care home" shall not include a rooming house or boardinghouse
used and operated under license of the Department of Community Affairs
pursuant to P.L. 1979, c. 496 (N.J.S.A. 55:13B-1 et seq.).
[Added 10-4-2018 by Ord.
No. 24-2018]
The elevation shown on a community's Advisory Flood Hazard
Map that indicates the advisory still-water elevation plus wave effect
(ABFE = SWEL + wave effect) resulting from a flood that has a 1% or
greater chance of being equaled or exceed in any given year.
[Added 1-31-2013 by Ord. No. 01-2013; amended 8-15-2013 by Ord. No.
17-2013; 10-4-2018 by Ord. No. 24-2018]
The traveled way by which cars enter and depart parking spaces.
A service way providing vehicular service access or pedestrian
access to the back or side of properties otherwise abutting on a street.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders
or interior partitions, as well as any change in doors or windows
or any enlargement or diminution of a building or structure, or the
raising of a structure to conform with Construction Code or ordinance
requirements. "Alteration" shall also mean and include any conversion
of a building or a part thereof from one use to another or the moving
of a building or structure from one location to another. "Alteration"
shall not be construed to mean any necessary repairs and renovation
of an existing structure solely for the purpose of maintenance and/or
improvements of the appearance.
[Amended 1-31-2013 by Ord. No. 01-2013]
Any transmitting or receiving device mounted on a tower,
building or structure, and used for communications that radiate or
capture electromagnetic waves, digital signals, analogue signals,
radio frequencies (excluding radar signals), wireless communications
signals or other communications signals. Excepted from this definition
are antenna used exclusively by ham radio operators or other residential
users.
See "dwelling, multifamily."
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plan, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to this chapter.
A plan which has been granted final approval by the Planning
Board or Board of Adjustment of the City of Margate.
The City of Margate Planning Board or Board of Adjustment,
as the case may be, unless a different agency is designated by this
chapter.
The visible, functional, or ornamental objects accessory
to and part of buildings.
The entity responsible for the administration of a condominium,
which entity may be incorporated or unincorporated.
The open nonhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
An attic that has a stairway as a means of access and egress,
and in which the ceiling area at a height of seven feet above the
attic floor is not more than 1/3 the area of the next floor below.
[Added 10-4-2018 by Ord.
No. 24-2018]
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sale of vehicle fuels, servicing
and repair of automobiles, and including as accessory use(s) the sale
and installation of lubricants, tires, batteries, and similar vehicle
accessories.
Average setback from a street right-of-way of buildings within
200 feet in the same block face as the lot.
The flood elevation shown on a published Flood Insurance
Study (FIS), including the Flood Insurance Rate Map (FIRM). For Zones
AE, AH, AO and A1-30, the elevation represents the water surface elevation
resulting from a flood that has a 1% or greater chance of being equaled
or exceeded in any given year. For Zones VE and V1-30, the elevation
represents the still-water elevation (SWEL) plus wave effect (BFE
= SWEL + wave effect) resulting from a flood that has a 1% or greater
chance of being equaled or exceeded in any given year.[1]
[Amended 1-21-2010 by Ord. No. 03-2010; 1-31-2013 by Ord. No.
01-2013; 8-15-2013 by Ord. No. 17-2013; 10-4-2018 by Ord. No. 24-2018]
[Amended 1-31-2013 by Ord. No. 01-2013; 8-15-2013 by Ord. No.
17-2013]
A space partially below grade level having 1/2 or more of its
floor-to-ceiling height above the average level of the adjoining ground
and with a floor-to-ceiling height of not less than 6 1/2 feet.
A basement shall be counted as a story if used for business or residential
purposes or if the ceiling of the basement is more than three feet
higher than the average level of the adjoining ground.
For base flood elevation purposes, a basement shall include
any part of a building where all sides of the floor are located below
ground level. Even though a room may have a window and constitute
living quarters, it is considered a basement if the floor is below
ground level on all sides.
A sign advertising an occupant, product or service on other
than the lot upon which the billboard is located.
The City of Margate Planning Board or the City of Margate
Zoning Board of Adjustment, whichever is acting on an application
for development.
A structure designed to convey vehicles and/or pedestrians
over a watercourse, railroad, street or any depression.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
That percentage of a lot covered by the principal building.
All projections attached to the principal building covered by a permanent
roof other than decks and porches shall be considered part and parcel
of said principal building.
[Amended 1-16-2020 by Ord. No. 12-2019]
The two-dimensional space within which a principal structure
is permitted to be built on a lot and that is defined by minimum yard
setbacks.
See "height of building."
A line parallel to the street line or the lot line touching
that part of a building closest to the street or lot line. In the
case of a cantilevered section of a building, the building line will
coincide with the most projected surface. All yard requirements shall
be measured to the building line.
A structure separating land and water areas, primarily designed
to prevent erosion and other damage due to wave, storm, overflow or
tidal action.
Standards and controls that establish the maximum size of
buildings and structures on a lot and the buildable area within which
the building can be located, including coverage, setbacks, height,
and yard requirements.
A cable television company as defined pursuant to Section
3 of P.L. 1972, c.186 (N.J.S.A. 48:5A-3).
The diameter of a tree trunk measured in inches a distance
of six inches off of the ground.
A self-supporting roof-like shelter or marquee without sides,
permanently affixed to the wall of a building and providing overhead
protection from the weather at an entrance to said building, which
shall be construed to be a part of the building to which it is affixed.
A timetable or schedule of all future capital improvements
to be carried out during a specific period and listed in order of
priority, and may also include cost estimates and the anticipated
means of financing each project.
The hard or paved area of a street between the curbs, including
travel lanes and parking areas, but not including curbs, sidewalks
or swales.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6 1/2 feet.
A document, issued pursuant to N.J.S.A. 40:55D-68, certifying
that a nonconforming use or structure was lawfully in existence on
a particular lot or in a particular building at the time of adoption
of this chapter, or an amendment to this chapter impacting such lot
or building, and may therefore be continued upon such lot or in such
building so occupied. A certificate of nonconformity may be issued
by the Administrative Officer within one year of the adoption of the
ordinance which rendered the use or structure nonconforming, or at
any time by the Planning Board, acting in its capacity as a Board
of Adjustment.
[Added 10-4-2018 by Ord.
No. 24-2018]
A document issued by the Construction Official allowing the
occupancy or use of a building and certifying that the structure or
use has been constructed and/or renovated according to and in compliance
with all the applicable state codes and municipal ordinances and resolutions.
A signed, written statement by the City Engineer and/or Construction
Official that specific constructions, inspections or tests, where
required, have been performed and that such comply with the applicable
requirements of this chapter or regulations adopted hereunder.
Any use of a building or land which is in any manner different
from the previous use by way of function, operation, extent, products
sold or manufactured and the like, but not including a change in ownership
or occupancy unless the nature of the use, as described above, is
changed.
An establishment providing for the care, supervision and
protection of children that is licensed by the State of New Jersey
pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
That person appointed to the position by the City Commissioners.
A group of people organized for a common purpose to pursue
common goals, interests, or activities, and usually characterized
by certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws.
The use of a common wireless telecommunications tower or
a common structure by two or more wireless license holders or unlicensed
holders nevertheless regulated by the Federal Communications Commission
or by one wireless license holder for more than one type of communications
technology and/or the placement of a wireless telecommunication tower
on a structure owned or operated by a utility or other public entity.
A parking area intended for use in return for a fee and which
is the principal use on the lot which it is located. Commercial parking
lots may be manned, contain attendant booths or be fully automated.
[Added 10-4-2018 by Ord.
No. 24-2018]
A truck, bus, van, sedan, delivery vehicle, station wagon
with advertising matter on the side, or any other commercially used
vehicles except a passenger car with no advertising matter exposed
to view.
Means and includes but shall not be limited to facilities
for the common use of two or more dwellings' units, such as roads,
sidewalks, swimming pools, playgrounds, trees, greens, fairways and
parking areas.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons or entity owning such property
jointly.
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter,
and personal guidance, under such supervision as required, to not
more than 15 persons with head injuries, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to: group homes, halfway houses, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health-care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
[Added 10-4-2018 by Ord.
No. 24-2018]
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance, and health-care
services, under such supervision as required, to not more than 15
persons with terminal illnesses.
[Added 10-4-2018 by Ord.
No. 24-2018]
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter,
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons who
require assistance, temporarily or permanently, in order to live in
the community, and shall include but not be limited to group homes,
halfway houses, intermediate-care facilities, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health-care facility within the meaning of the Health Care Facilities
Planning Act (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.). In the
case of such community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 to 30:14-14), providing food, shelter, medical care,
legal assistance, personal guidance and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical and psychological welfare.
An application form completed as specified by this chapter
and the rules and regulations of the City and all accompanying documents
required by this chapter for approval of the application for development.
An informal review of a plan for development that carries
no vesting rights or obligations on any party.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location and operation of such use
as contained in the Zoning Ordinance.
The form of ownership of real property under a master deed
providing for ownership by one or more owners of units of improvements
together with an undivided interest in common elements appurtenant
to each such unit.
The removal of lot lines between contiguous parcels.
The City official specified in the Building Code who is charged
with administering the Construction Code.
Legal authorization for the erection, alteration or extension
of a structure.
Tracts of land which share one or more common boundaries.
A composite of the plan elements for the physical development
of Atlantic County, with the accompanying maps, plats, charts and
descriptive and explanatory matter adopted by the County Planning
Board.
The Atlantic County Planning Board.
An enclosed area beneath a building's lowest floor, in which
the vertical distance between the floor of the enclosed area and the
building's lowest floor is no less than 24 inches.
[Added 8-15-2013 by Ord. No. 17-2013]
The turnaround at the end of a dead-end street.
Calendar days.
A street or portion of a street which is accessible by a
single means of ingress or egress.
A roofed or unroofed outdoor extension of a house or other
building for the purpose of outdoor activity by the occupants.
[Amended 9-24-2006 by Ord. No. 2006-26; 4-3-2008 by Ord. No. 12-2008; 10-4-2012 by Ord. No. 16-2012; 10-4-2018 by Ord. No. 24-2018; 11-3-2022 by Ord. No. 23-2022]
A flat, open and uncovered platform above the highest habitable
floor. Roof decks shall not be permitted.
[Added 11-5-2020 by Ord.
No. 12-2020]
Third-floor decks shall be permitted on single-family, two-family, and multifamily homes with site plan approvals directly facing and adjacent to, the bay, lagoon, mini creek and the Atlantic Ocean and water bodies and shall be placed on the facade of the house facing the water only. Limited to one deck per residential unit. Third-floor decks shall be permitted on all single-family and two-family houses throughout the City of Margate, provided that they face the street and such third-floor decks shall be subject to all setback requirements and abide by the design standards in § 175-26N.
[Added 11-3-2022 by Ord. No. 23-2022]
An appropriation of land to some public use made by the owner
and accepted for such use by or on behalf of the public.
The permitted number of dwelling units per gross area of
land to be developed.
See "stormwater detention."
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development, including the holder of an
option or contract to purchase or other 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, landfill or land disturbances; and any use, change
in use or extension of use of land for which permission may be required
pursuant to this chapter.
Development other than planned development or cluster development.
Zoning, subdivision, site plan, official map or other municipal
regulation of the use and development of land or amendment thereto
adopted and filed pursuant to the Municipal Land Use Law.
A secondary element that projects from a sloping roof that
contains a window. Dormers may be permitted up to 40% of the floor
area of the half story.
[Added 10-4-2018 by Ord.
No. 24-2018; amended 11-5-2020 by Ord. No. 12-2020]
The removal of surface water or groundwater from land by
drains, grading or other means and includes controls of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
The lands required 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 therein
to safeguard the public against flood damage. Drainage easements shall
be a minimum of 20 feet wide, unless the depth of pipe, soil conditions
or additional utilities require a greater width. No permanent structures
shall be placed in a drainage easement.
[Amended 10-4-2018 by Ord. No. 24-2018]
A paved or partially paved area used for ingress or egress
of vehicles and allowing access from a street to a lot, building or
other structure or facility.
[Amended 10-4-2018 by Ord. No. 24-2018]
A structure or portion thereof that is used exclusively for
human habitation. Dwellings may include but are not limited to the
following types:
DETACHED SINGLE-FAMILYA dwelling for one family that is not attached to any other dwelling by any means.
ATTACHED SINGLE-FAMILY/TOWNHOUSEA one-family dwelling in a row of at least two such attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
MULTIFAMILYA building containing three or more dwelling units that share common horizontal separations.
TWO-FAMILYA building on a single lot containing two dwelling units, each of which is separated from the other.
One or more rooms designed, occupied or intended for occupancy
as separate living quarters with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
A grant of one or more property rights by the property owner
to and/or for use by the public, a corporation or another person or
entity.
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
The land required for the installation of stormwater sewers
or drainage ditches and/or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
A vertical distance above or below a fixed reference level;
a fully dimensioned drawing of the front, rear, or side of a building
showing features such as windows, doors, and relationship of grade
to floor level.
A certification in lieu of oath or affidavit, prepared by
a New Jersey licensed land surveyor, certifying that the finish floor
elevation meets or exceeds ordinance requirements. In order to conform
with FEMA protocols, elevation certifications submitted after March
1, 2013, shall be in NAVD 88. Elevation certifications dated prior
to March 1, 2013, in NGVD 29 shall be accompanied by a letter, survey
or other appropriate certification, signed and sealed by a New Jersey
licensed land surveyor, containing a calculated conversion to NAVD
88.
[Added 1-31-2013 by Ord. No. 01-2013]
An increase in the size of an existing structure or use,
including physical size of the property, building, parking and other
improvements, but not including the raising of a structure to conform
with Construction Code or ordinance requirements.
[Amended 1-31-2013 by Ord. No. 01-2013]
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The erection, construction, alteration or maintenance of
underground, surface or overhead gas, electrical, steam or water transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, traffic signals, light stanchions, telephone
lines, hydrants and other similar equipment and accessories, reasonably
necessary for the furnishing of adequate service to the zone or neighborhood
where located by public utilities, municipal or other governmental
agencies. Essential services shall include first aid and emergency
aid squad buildings.
The vertical location of the ground surface prior to excavating
or filling.
Permission to depart from the design standards in the ordinance.
An increase in the amount of existing floor area beyond the
exterior wall.
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability.
The private residence of a family day-care provider which
is registered as a family day-care provider and which is registered
as a family day-care home pursuant to the Family Day Care Provider
Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.)
[Amended 10-4-2018 by Ord. No. 24-2018]
The Federal Emergency Management Agency under which the National
Flood Insurance Program (NFIP) is administered.
[Added 1-31-2013 by Ord. No. 01-2013]
A structure made of posts or stakes, joined together by boards,
wire or rails, serving as an enclosure, a barrier or as a boundary.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of a development which
is presented to the Board for final approval in accordance with these
regulations and which, if an approved subdivision, shall be filed
with the proper county recording officer.
Any structure wherein business of primarily a monetary nature
is transacted, such as banks, savings and loans associations, mortgage
companies and similar institutions.
The Flood Insurance Rate Map promulgated by the Federal Emergency
Management Agency.
[Added 1-31-2013 by Ord. No. 01-2013]
[Amended 1-31-2013 by Ord. No. 01-2013; 8-15-2013 by Ord. No.
17-2013; 10-4-2018 by Ord. No. 24-2018]
The minimum elevation at which a structure's lowest floor must
be elevated or floodproofed to be in accordance with state or community
floodplain management regulations. For the City of Margate, first
floor elevation is:
For FEMA "A" Zones: three feet above BFE (NAVD 1988) to the
bottom of the flooring system;
For FEMA "V" Zones: two feet above BFE (NAVD 1988) to the lowest
horizontal structural member; and
For all FEMA "X" Zones: The first floor elevation shall be based
on the most conservative (or highest) adjacent AE Zone base flood
elevation plus the required freeboard as indicated above.
See "lowest floor."
The New Jersey Flood Hazard Area Control Act,[2] with rules established as N.J.A.C. 7:13.
[Added 8-15-2013 by Ord. No. 17-2013]
The sum of the gross horizontal areas of all floors of a
building or buildings, including garages, measured from the exterior
faces of exterior walls or from the center line of party walls separating
two buildings.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
An establishment primarily engaged in the retail sale of
food which is processed or otherwise prepared for eventual consumption
but not consumed on the premises. Such uses include but are not limited
to the following: bakeries, delicatessens, ice cream parlors and bagel
shops. Where such uses have tables, such uses shall be deemed restaurants.
An additional amount of height above the base flood elevation
used as a factor of safety in determining the level at which a structure's
lowest floor must be elevated or floodproofed to be in accordance
with state or community floodplain management regulations.
[Added 1-31-2013 by Ord. No. 01-2013; amended 8-15-2013 by Ord. No.
17-2013]
See "lot, frontage."
A small building usually roofed but without walls, placed
on the grounds of residential property as a decorative architectural
feature, having no utility services.
The City Commissioners of the City of Margate.
Any department, commission, independent agency or instrumentality
of the United States and of the State of New Jersey and any county,
city, township, village, authority, district or other governmental
unit.
The vertical elevation of the ground surface prior to excavation
or filing.
Grasses or other plants and landscaping grown or placed to
keep soil from being blown or washed away. Non-natural vegetative
surfaces (artificial turf) shall not be considered ground cover.
[Amended 10-4-2018 by Ord. No. 24-2018]
The first floor of a building other than a cellar or basement.
The vertical height of a structure or building measured from the minimum first floor elevation, or BFE+4 for new construction, of the structure or building to the highest point of the coping of a flat roof, or the highest gable of a pitched roof. First floor locations shall comply with the Flood Damage Prevention Ordinance, Chapter 145.
[Amended 1-31-2013 by Ord. No. 01-2013; 8-15-2013 by Ord. No.
17-2013; 10-4-2018 by Ord. No. 24-2018]
An occupation or activity carried out for gain by a resident
and conducted as a customary, incidental and accessory use in the
resident's dwelling unit or other structure located on the lot.
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit.
Any material which generally reduces or prevents absorption
of stormwater into the ground, including but not limited to buildings,
driveways, sidewalks, paving and patios.
[Amended 10-4-2018 by Ord. No. 24-2018]
A lot upon which exists a principal structure or building.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this Act or whose rights to use, acquire or enjoy
property under this Act or under any other law of this state or of
the United States have been denied, violated or infringed by an action
or a failure to act under this Act.
Ground, soil or earth, including improvements and fixtures
on, above or below the surface thereof.
For the purpose of determining compliance with the minimum landscape requirements in the City's residential zone, landscaping shall be limited to vegetative cover, including grass, shrubs and trees. Areas devoted to parking and walkways, driveways and patios shall not count toward this requirement, whether impervious or not, with the exception of grass strips adjacent to paved residential driveway ribbons. Areas under projections and cantilevers, except roof overhangs and projections permitted by § 175-30C(4) and C(6), shall not count. Non-natural vegetative surfaces (artificial turf) shall not be considered landscaping.
[Amended 1-31-2013 by Ord. No. 01-2013; 10-4-2018 by Ord. No. 24-2018]
Any sewerage authority created pursuant to the Sewerage Authorities
Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities
authority created pursuant to the Municipal and County Utilities Authorities
Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility,
authority, commission, special district or other corporate entity
not regulated by the Board of Regulatory Commissioners under Title
48 of the Revised Statutes that provides gas, electricity, heat, power,
water or sewer service to a municipality or the residents thereof.
A designated parcel, tract or area of land established by
plat, or otherwise as permitted by law, and to be used, developed
or built upon as a unit.
The total area within the lot lines of a lot not including
any street rights-of-way.
A parcel of land, either at the junction of and abutting
on two or more intersecting streets, or abutting a single street at
the point where the road tangents deflect by more than 45°.
That part of one lot or more than one lot which is improved
or is proposed to be improved with buildings and/or other structures,
including but not limited to driveways, parking lots, pedestrian walkways,
signs and other man-made improvements on the ground surface, which
are more impervious than the natural surface.
The shortest distance between the front lot line and a line
drawn perpendicular to the front lot line through the midpoint of
the rear lot line, provided that in irregularly shaped lots or lots
having no readily discernible rear lot line, the distance shall be
measured to the midpoint of a line parallel to the front lot line,
which shall be not less than 10 feet in length, measured to a point
where such line intersects with the two side lot lines.
[Amended 10-4-2018 by Ord. No. 24-2018]
 |
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Depiction of Lot Depth
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The shortest distance between the intersection points of
the side lines of a lot with the front street right-of-way line. In
the case of corner lots, the frontage shall be measured along a straight
line between the intersection point formed by the projection of two
street side lines and the intersection point of a side lot line with
a front street right-of-way line.
A lot other than a corner lot.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way,
also referred to as a "street line".
The lot line opposite and most distant from the front lot
line or the point at which the side lot lines meet.
Any lot line other than a front or rear lot line.
The mean distance between the side lot lines measured generally
parallel to the front and rear lot lines and perpendicular to the
side lot lines. On corner lots, the shortest lot frontage shall be
considered the front lot line and the opposite side lot line shall
be considered the rear lot line for the purposes of calculating lot
width.
[Amended 10-4-2018 by Ord. No. 24-2018]
[Added 1-31-2013 by Ord. No. 01-2013; amended 8-15-2013 by Ord. No.
17-2013]
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's lowest floor, provided that
such enclosure is not built so to render the structure in violation
of other applicable nonelevation design requirements of 44 CFR 60.3.
[Amended 10-4-2018 by Ord. No. 24-2018]
References to the elevation of the lowest floor are expressed
as lowest floor elevation (LFE).
See "finish floor elevation."
The lowest beam, joist, or other horizontal member that supports
the building. Grade beams installed to support vertical foundation
members where they enter the ground are not considered lowest horizontal
members.
[Added 1-31-2013 by Ord. No. 01-2013]
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this Act, including
but not limited to surety bonds, letters of credit under the circumstances
specified in § 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
Any subdivision not classified as a minor subdivision.
The assessed value of the improvement of the property in
question as established by the Margate City Tax Assessor, equalized
pursuant to the formula established by the Atlantic County Board of
Taxation, as same may be updated from time to time.
[Added 8-15-2013 by Ord. No. 17-2013]
Any hood, canopy, awning or permanent construction that projects
from the wall of a building, usually above an entrance.
A composite of one or more written or graphic proposals for
the development of the City as set forth in and adopted pursuant to
N.J.S.A. 40:55D-28 et seq.
The chief executive of the City.
The development plan of a single lot which 1) proposes new
development within the scope of development specifically permitted
by this chapter as a minor site plan; 2) does not involve planned
development, any new street or extension of any off-tract improvement
which is to be prorated pursuant to Chapter 20-404 of this chapter;
3) contains the information reasonably required in order to make an
informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met; and
4) shall be limited to the following classes of development:
A change in use involving no building construction
other than interior modification or interior structural alteration
and no additional off-street parking.
Minor exterior or structural changes, such as
entry enclosures, porticos and other structural appurtenances, including
roof appurtenances.
Any subdivision containing not more than three lots and which
does not involve a planned development; any new street; or the extension
of any off-tract improvement. Any lot or remaining land approved as
a minor subdivision shall not be submitted as a minor subdivision
within 24 months from the date of approval as a minor subdivision.
Such lot or tract may be submitted as a major subdivision.
The Planning Board, Board of Adjustment or the City Commissioners
when acting pursuant to the Municipal Land Use Law.
N.J.S.A. 40:55D-1 through 40:55D-92, as amended.
Any use made by the City of Margate of property owned or
leased by it or legally under its control by easement, license or
otherwise.
National standard reference datum for elevations, formerly
referred to as "mean sea level" (MSL); superseded by North American
Vertical Datum (NAVD 1988).
[Added 1-31-2013 by Ord. No. 01-2013; amended 8-15-2013 by Ord. No.
17-2013]
NGVD 1929 to NAVD 1988 in the City of Margate is: NGVD 1929 City of Margate is: NGVD 1929 - 1.296 feet = NAVD 1988. However, each specific section of the City has its own conversion factor based on curvature of the earth and other variables. An elevation certification, prepared by a New Jersey licensed land surveyor, is required at the time of foundation inspection and prior to final inspection in order to certify that the lowest floor elevation meets or exceeds ordinance requirements.
In order to conform with FEMA protocols, surveys, elevation
certifications and other related documentation submitted after March
1, 2013, shall be in NAVD 1988. Documentation dated prior to March
1, 2013, in NGVD 1929 shall be accompanied by a letter, survey or
other appropriate certification, signed and sealed by a New Jersey
licensed land surveyor, containing a calculated conversion to NAVD
1988.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
Any sign lawfully existing on the effective date of an ordinance,
or any amendment thereto, that renders such sign nonconforming because
it does not conform to all the standards and regulations of this chapter.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment to a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
The vertical control datum established for vertical control
surveying in the United States of America based upon the general adjustment
of the North American Datum of 1988; supersedes the National Geodetic
Vertical Datum (NGVD 1929).
[Added 1-31-2013 by Ord. No. 01-2013; amended 8-15-2013 by Ord. No.
17-2013]
NGVD 1929 to NAVD 1988 in the City of Margate is: NGVD 1929 City of Margate is: NGVD 1929 - 1.296 feet = NAVD 1988. However, each specific section of the City has its own conversion factor based on curvature of the earth and other variables. An elevation certification, prepared by a New Jersey licensed land surveyor, is required at time of foundation inspection and prior to final inspection in order to certify that lowest floor elevation meets or exceeds ordinance requirements.
In order to conform with FEMA protocols, surveys, elevation
certifications and other related documentation submitted after March
1, 2013, shall be in NAVD 1988. Documentation dated prior to March
1, 2013, in NGVD 1929 shall be accompanied by a letter, survey or
other appropriate certification, signed and sealed by a New Jersey
licensed land surveyor, containing a calculated conversion to NAVD
1988.
Any individual, firm, association, corporation or any other
legal entity and shall include the owner or subdivider, or both, as
may be required by the City. The obligor shall be responsible for
posting and executing any required performance guaranty.
A room, group of rooms or building used for conducting the
affairs of a business, profession, service, industry or government.
A map, with changes and additions thereto, adopted and established,
from time to time, by resolution of the Board of Chosen Freeholders
of the county pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32).
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 a contiguous portion of a street or
right-of-way.
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.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
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 buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Chapter 175 (Land Use) of the Margate City Code, as same may be amended from time to time.
[Added 1-31-2013 by Ord. No. 01-2013]
The keeping in an unenclosed area of any goods, material,
merchandise, or vehicles in the same place for more than 24 hours.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek or authorize
development of land under this chapter.
Any open area, including parking spaces and access aisles
providing direct access thereto, used for the temporary storage of
automobiles and other permitted vehicles for the private use of the
owners or occupants of the lot on which the area is located.
Any open area (other than a street or other public way),
including parking spaces and aisles, used for the temporary storage
of automobiles and other permitted vehicles and available to the public,
with or without compensation, or as an accommodation for clients,
customers and employees.
Any public or private parking area or garage.
A space for the off-street parking of one operable, licensed
motor vehicle within a public or private parking area. The space must
be a designated space and shall be paved or partially paved with open
celled concrete block or similar. Parking on lawns on a permanent
basis is prohibited.
[Amended 10-4-2018 by Ord. No. 24-2018]
A building or structure that because of fire, flood, explosion
or other calamity requires rebuilding, the value of which is less
than half of the building's assessed valuation.
[Amended 1-31-2013 by Ord. No. 01-2013]
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
A level, surfaced area directly adjacent to a principal building
at or within 10 inches of existing grade, not covered by a permanent
roof and used primarily for passive recreation.
Any security which may be accepted by the City, including
cash, provided that a municipality shall not require more than 10%
of the total performance guaranty in cash.
See standards of performance:[3]
Adopted by ordinance pursuant to N.J.S.A. 40:55D-65d,
regulating noise levels, glare, sky glow, earth-borne or sonic vibrations,
heat, radiation, television or radio waves, noxious odors, toxic materials,
explosive and inflammable materials, smoke and airborne particles,
waste discharge, screening of unsightly objects or conditions and
such other similar matters as may be reasonably required by the municipality;
or
Required by applicable federal or state laws
or municipal ordinances.
A structure of regularly spaced posts or columns supporting
of crossing rafters or trellis work. Pergolas shall not be considered
as building coverage or impervious coverage.
[Added 11-5-2020 by Ord.
No. 12-2020]
A certificate issued to perform work under this chapter.
Any use which shall be allowed, subject to the provisions
of this chapter.
Any person to whom a permit is issued in accordance with
this chapter.
A corporation, company, association, society, firm, partnership
or joint-stock company, as well as an individual, the state and all
political subdivisions of the state or any agency or instrumentality
thereof.
A map or maps of a subdivision or site plan.
A roofed unenclosed projection from the main wall of the
building.
[Amended 9-24-2006 by Ord. No. 2006-26]
The conferral of certain rights, pursuant to §§ 34,
36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46, 40:55D-48 and
40:55D-49), prior to final approval after specific elements of a development
plan have been agreed upon by the Planning Board and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
Maps released by FEMA on or about June 14, 2013, which supersede
ABFE mapping and are considered the best available flood hazard data
for community use.
[Added 8-15-2013 by Ord. No. 17-2013]
A building in which is conducted the main use of the lot.
A use which is not permitted in a zone.
A lot, parcel, or tract of land together with the building
and structures located thereon.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body or any
amendment thereto.
Improvements which the Board may deem necessary or appropriate,
including but not limited to streets, grading, pavement, gutters,
curbs, sidewalks, streetlighting, shade trees, surveyors' monuments,
water mains, culverts, storm sewers, sanitary sewers, drainage structures,
erosion control and sedimentation control devices, public improvements
of open space and, in the case of site plans, other on-site improvements
and landscaping.
An open space area 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.
Telephone and electric lines, poles, equipment and structures,
water or gas pipes, hydrants, valves, mains or structures or sewer
pipes, together with accessories and appurtenances, maintained, operated
and conducted for the service, convenience, necessity, health and
welfare of the public.
A majority of the full authorized membership of a municipal
agency.
Release of collected or directed stormwater through soil
infiltration.
To patch, mend, replace, rebuild and/or restore a lawfully
existing structure to a usable condition after decay or damage has
occurred, in which 50% or more of the structure is replaced and/or
the size, shape or location of the structure is altered. The percentage
of replacement shall be determined by comparing the cost of the reconstruction
to the market value of the building as determined before the start
of construction; where the percentage of replacement is 50% or greater,
such reconstruction shall also constitute a substantial improvement
as defined in this section.
[Added 8-15-2013 by Ord. No. 17-2013]
A vehicular-type portable structure without permanent foundation
that can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use, and
including:
BOATS and TRAILERSIncludes any type of boat, float or raft, plus the normal equipment to transport the same on the public highway.
CAMP TRAILER or FOLDING TENT TRAILERA vehicular, portable structure built on a chassis or metal-walled body unit, mounted on wheels, with a superstructure made, in part or in whole, of canvas and metal frame and designed for travel, recreational and vacation uses.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
PICKUP CAMPERA structure designed primarily to be mounted on a pickup or truck and with sufficient equipment to render it suitable for a temporary dwelling for travel, recreational or vacation uses.
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational or vacation uses.
A place where sports, leisure-time activities and customary
and usual recreational activities are carried out.
Facilities operated as a business and open to the public
for a fee.
An accessory use located on the same lot as the principal
permitted use and designed to be used primarily for the occupants
of the principal use and their guests.
Facilities operated by a private organization and open only
to bona fide members and guests of such organization.
Facilities operated by the City, county or other governmental
agency.
To patch, mend, replace, rebuild and/or restore a lawfully
existing structure to a usable condition after decay or damage has
occurred, in which less than 50% of the structure is replaced and
the size, shape or location of the structure is not altered. The percentage
of replacement shall be determined by comparing the cost of the reconstruction
to the market value of the building as determined before the start
of construction; where the percentage of replacement is less than
50%, such repair shall not constitute a substantial improvement as
defined in this section.
[Added 8-15-2013 by Ord. No. 17-2013]
The number of dwelling units per gross acre of residential
land area.
An establishment where food and drink are prepared and/or
served and consumed at tables within the principal building, including
sidewalk dining where allowed and takeout service without facilities
for drive-through order and for drive-through pickup.
An establishment where food and drink are prepared, served
and consumed primarily within the principal building with facilities
for drive-through order and/or drive-through pickup.
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 does not include conveyances made
so as to combine existing lots by deed or other instrument.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and without
necessarily rendering services incidental to the sale of such goods.
Establishments engaged in providing services for individuals,
businesses, government and other organizations and includes finance;
insurance, real estate and personal services; business services and
miscellaneous repair services; motion pictures, amusement and recreation
services; health services and educational services; social services,
museums, art galleries, botanical gardens and zoological gardens.
The display and sale of products and services outside of
a building or structure, including garden and landscaping supplies,
flowers, shrubs, plants, produce, farm equipment, building and construction
materials and boats, but excluding new or used vehicles.
The lines that form the boundaries of a right-of-way.
The projecting lower edge of the roof that overhangs the
wall of the building. In cases where the roof plane projects below
the intersection of the roof eave and the top of the wall, this point
of intersection shall be considered the eave height. For residential
structures, the roof eave shall be no higher than 18 inches above
the top plate of the wall.
[Added 11-5-2020 by Ord.
No. 12-2020]
A gabled barn-style roof with a change in slope partway up
the roof with the lower slope steeper than the upper.
[Added 11-5-2020 by Ord.
No. 12-2020]
A roof with two slopes on each of four sides, the lower steeper
than the upper. For purposes of this chapter, mansard roofs shall
be considered float roofs.
[Added 11-5-2020 by Ord.
No. 12-2020]
Any roof with 80% or more of its projected horizontal planes
(areas) constructed at slopes equal to or greater than five in 12.
All other roofs shall be flat roofs.
[Added 11-5-2020 by Ord.
No. 12-2020]
A parabolic or dish-shaped antenna or any other apparatus
or device that is designed for the purpose of receiving radio waves.
Any building or part thereof which is designed, constructed
or used for education of students up to and through the secondary
level and licensed by the State of New Jersey.
A place where gasoline or other motor fuel is offered for
sale to the public and deliveries are made directly into motor vehicles
and/or which may provide for the maintenance and service of motor
vehicles.
The required yard or distance between buildings and property
lines.
That line to which a building must be set back from the property
line.
A triangular-shaped portion of land established at intersections
in accordance with the requirements of this chapter in which nothing
shall be erected, placed, planted or allowed to grow in such a manner
as to limit or obstruct the sight distance of motorists entering or
leaving the intersection.
Any device, fixture, placard or structure that uses color,
form, picture, display, graphic, illumination, symbol or writing to
advertise, attract attention to, announce the purpose of or identify
a person, entity or thing or to communicate any information to the
public.
A sign maintained which advertises or otherwise directs attention
to a use, business, products, commodity, service, activity or entertainment
manufactured, conducted, sold or offered elsewhere than on the premises
where such sign is located.
Any sign attached below the roofline to any part of a building,
as contrasted to a freestanding sign. Building signs include wall
signs, window signs and canopy signs.
Any sign on, or attached to, an awning, marquee or canopy,
fixed or movable, projecting from a building, and generally designed
and constructed to provide protection from the weather.
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way," "entrance" and "exit."
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
A sign that is wholly or partly dependent upon a building
for support and that projects perpendicularly more than 12 inches
from such building.
A sign giving the nature, 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 which is located on the building of an eating establishment
which displays the menu of such eating establishment.
A sign, located on the premises, giving the name or address,
or both, of the owner or occupant of a building or premises.
Any sign that is painted directly on the window glass with
permanent paint or that is mounted by bolts or screw, or otherwise
in a permanent fashion, on a permanent structure.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election.
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
A sign that is mounted on the roof a building or that is
wholly dependent upon a building for support and that projects above
the top walk or edge of a building with a flat roof, the eaves line
of a building with a gambrel, gable or hip roof or the deckline of
a building with a mansard roof.
A sign that is permanent but is not affixed to a building,
structure or the ground.
Any sign designed or intended to be displayed for a short
period of time.
Any sign attached parallel to, but within 10 inches of, a
wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall or building, and which displays only one
sign surface.
Any sign that is placed within a window or upon the windowpanes
or glass and is visible from the exterior of the window.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
A development plan of one or more lots on which is shown:
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 an
ordinance requiring review and approval of site plans by the Planning
Board, adopted pursuant to N.J.S.A. 40:55D-37 et seq.
Deviation of a surface from the horizontal, usually expressed
in percent or degree.
All unconsolidated mineral and organic material of whatever
origin that overlays bedrock and which can be readily excavated.
An accessory building used for the storage of items such
as, but not limited to, tools, lawn and garden equipment and furniture
and similar items of personal property belonging to the occupant of
the principal structure.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it.
The area under a hip gable or gambrel roof where the roof-to-ceiling
height in excess of five feet is less than 50% of the floor area of
the floor immediately below. Where the floor area with a floor-to-ceiling
height in excess of five feet is more than 50% of the floor immediately
below, it shall count as a full story. The half story shall be fully
contained within the roof of the second floor and having the permitted
dormers and exceptions for elevators and stairways where applicable.
The eave height of the half story shall be no more than 18 inches
above the top plate of the second story wall below.
[Amended 1-16-2020 by Ord. No. 12-2019; 11-5-2020 by Ord. No. 12-2020]
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
within the meaning of this chapter if no new streets are created:
Divisions of property by testamentary or interstate
provisions.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
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 Administrative Officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or Atlas of the City.
The term "subdivision" shall also include the
term "resubdivision."
Any minor subdivision not requiring any variances at the
time of submission without any one right-of-way or streets proposed.
[Added 11-5-2020 by Ord.
No. 12-2020]
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing subdivisions,
along with the Planning Board Engineer and Planner, in accordance
with the provisions of this chapter and for the purpose of performing
such duties relating to land subdivision which may be conferred on
this committee by the Board including approval without a Planning
Board hearing. Approval without hearing is granted under N.J.S.A.
40:55D-47, Minor Subdivision.
[Added 11-5-2020 by Ord.
No. 12-2020]
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its condition before damage would
equal or exceed 50% of the market value of the structure before the
damage occurred. Restoration of a substantially damaged structure
shall constitute a substantial improvement as defined in this section.
[Added 8-15-2013 by Ord. No. 17-2013]
[Added 8-15-2013 by Ord. No. 17-2013]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure during a seven-year period, the cost of which exceeds
50% of the market value of the structure as determined before the
start of construction of the improvement. "Substantial improvement"
also means "accumulative substantial improvement." This term includes
structures that have sustained substantial damage regardless of the
actual repair work performed or repetitive loss.
[Amended 10-4-2018 by Ord. No. 24-2018]
"Substantial improvement" does not include:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of a building designated by the state as an historic
structure, provided that the alteration will not preclude the structure's
continued designation as an historic structure.
A map showing the boundary lines of the property and location
of existing improvements thereon, prepared by a New Jersey licensed
land surveyor. In order to conform with FEMA protocols, all Surveys
submitted after March 1, 2013, shall be in NAVD 88. Surveys dated
prior to March 1, 2013, in NGVD 29 shall be accompanied by a letter
or other appropriate certification, signed and sealed by a New Jersey
licensed land surveyor, containing a calculated conversion to NAVD
88.
[Amended 1-31-2013 by Ord. No. 01-2013]
A certification in lieu of oath or affidavit confirming the
accuracy of the survey.
Property which is the subject of a development application.
Lighting from an adjacent property which exceeds 0.1 footcandle.
The purpose or activity for which land or buildings are arranged,
designed or intended, or for which land or buildings are occupied
or maintained.
See "elevation certification."
[Added 1-31-2013 by Ord. No. 01-2013]
The main or primary activity of any lot or parcel.
Permission to depart from the literal requirements of the
Zoning Ordinance.
Permission to depart from the requirements of this chapter
with respect to the submission of required maps or documents.
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in this chapter shall be unoccupied and unobstructed from the
ground upward except as may be specifically provided in the Zoning
Ordinance.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at its closest point to the front lot line. Said front yard shall
be unoccupied and unobstructed from the ground upward, except as may
be permitted elsewhere in this chapter.
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicular
to the building at its closest point to the rear lot line. Said rear
yard shall be unoccupied and unobstructed from the ground upward,
except as may be permitted elsewhere in this chapter.
A space extending from the front yard to the rear yard between
the principal building and the side lot line.
The Zoning Board of Adjustment as established under this
chapter.
A document signed by the Zoning Officer:
Which is required by ordinance as a condition
precedent to the commencement of a use or the erection, construction,
reconstruction, alteration, conversion or installation of a structure
or building.
Which acknowledges that such use, structure
or building complies with the provision of the municipal Zoning Ordinance
or variance therefrom duly authorized by the appropriate agency of
the City pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
