A.Â
Words and phrases shall be presumed to have their
ordinary meanings unless specifically defined or interpreted differently
in the section following. Where a difference exists between N.J.S.A.
40:55D-1 et seq. and this chapter, the definition provided in this
chapter shall govern.
B.Â
For the purpose of this chapter, certain words and
terms are defined as follows:
(1)Â
Words used in the present include the future.
(2)Â
Words used in the singular include the plural number,
and words in the plural include the singular number.
(3)Â
The word "person" includes an individual, corporation,
partnership or any other entity approved by the State of New Jersey
to do business therein.
(4)Â
The word "building" shall include the word "structure."
(5)Â
The term "used" shall include the words "arranged,
designed or intended to be used."
(6)Â
The term "occupied" shall include the words "arranged,
designed or intended to be occupied."
(7)Â
The word "zone" includes the word "district."
(8)Â
The word "premises" includes "vacant land."
All words defined in the Municipal Land Use
Law, Chapter 291, Laws of New Jersey,[1] if not contained in this section, are incorporated herein
and declared to be a part of this chapter. The following words and
phrases shall have the meaning given in this section, as follows:
A building detached from and subordinate to the principal
building on the same lot, the use of which is customarily incidental
to that of the principal building.
Entertainment accessory and complimentary to a permitted
principal use and which may include live artists, performers or musicians,
amplified sound or music, trivia, poetry, sound production devices
or other similar forms of entertainment.
[Added 11-20-2014 by Ord. No. 2014-29]
A use customarily carried on within a dwelling by the inhabitants
thereof, which use is incidental and subordinate to the residential
use. "Accessory residential uses" shall not be interpreted to include
the following examples: barber and beauty shops, barber and beauty
schools, tearooms, convalescent homes, kennels or repair of vehicles.
The foregoing examples are by way of explanation and in no way limit
the types of uses that are not included within the definition of "accessory
residential use." "Accessory residential uses" will be limited to
those specified in the zoning districts of this chapter and subject
to the standards therein.
A use customarily incidental and subordinate to the main
use conducted on a lot, whether such "accessory use" is conducted
in the main or accessory building.
The Clerk of Ventnor City, unless a different municipal official
is designated within this chapter or by statute.
A minor way, which may or may not be legally dedicated and
which affords only a secondary means of access to abutting property.
See "dwelling, multiple."
An individual, partnership, corporation or any other person
submitting an application for development within the City of Ventnor
City, New Jersey.
The application form or forms and all accompanying documents
required by this chapter for approval of a subdivision plat, site
plan, planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to the Municipal Land Use Law.[2]
The Planning Board of Ventnor, unless a different agency
is designated within this chapter.
An employee of the physician or dentist permitted to use
the professional offices set forth within those zones wherein professional
offices shall be a conditional use. At no time should the "associate"
be an interest holder in the professional corporation and/or partnership
and as such shall not be entitled to share in the profits but at all
times shall be solely and only an employee of the physician or dentist
who shall have authority to practice in the approved zone.
That part of a building which is immediately below and wholly
or partly within the roof framing, not generally used as living space.
Any building, land area or other premises, or portion thereof,
used for retail dispensing or sales of vehicular fuels; servicing
and repair of automobiles; and including as an accessory use the sale
and installation of lubricants, tires, batteries, and similar vehicle
accessories.
[Added 11-20-2014 by Ord. No. 2014-29]
Any premises used for the repair or servicing of vehicles,
but not including automotive wrecking.
A building used for the sale of, hire of or remuneration
from automotive and other vehicles and equipment. This shall be interpreted
to include auto accessory salesrooms but not the sale of junked vehicles
and equipment.
The number of dwelling units per acre computed by dividing
the number of dwelling units which the applicant proposes to build
by the number of acres in the development, excluding acreage devoted
to public streets. See "density."
Establishments such as bank and savings and loans, credit
agencies, investment companies, brokers and dealers of securities
and commodities, security and commodity exchanges, and insurance agents.
[Added 11-20-2014 by Ord. No. 2014-29]
The term "bank or banking establishments" shall mean a full
service banking institution as defined in N.J.S.A. 17:9A-1 et seq.,
and more specifically as incorporated pursuant to N.J.S.A. 17:9A-3
and provides all the services as set forth in N.J.S.A. 17:9A-24 and
17:9A-24.9
[Added 4-8-1999 by Ord. No. 9907]
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A "basement"
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purpose. See "cellar."
A conditional use permitted in specific areas of certain
residential zoning districts whereby an owner-occupied residential
structure can rent not more than eight guest bedrooms for a stay of
not more than 15 consecutive days within a thirty-day period to any
one or more persons.
[Added 6-25-1998 by Ord. No. 9813]
A sign which directs attention to a product, business, service
or entertainment conducted, sold or offered elsewhere than upon the
lot on which such sign is situated and which is designed in conjunction
with the sign standards of this chapter.[3]
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 enclosures, such as bay windows, shall be considered part and
parcel of said principal building. Roofs over solid or open decks,
as long as no decks are enclosed, shall count as lot coverage.
[Amended 10-28-2021 by Ord. No. 2021-21]
The vertical distance from adjacent existing grade to the
underside of the roof eave. (See building height requirements.)
[Added 6-7-2007 by Ord.
No. 2007-5; amended 10-28-2021 by Ord. No. 2021-21]
The building height for accessory structures shall be measured
from adjacent existing grade to the highest finished surface of the
coping for a flat roof, deckline for a mansard roof, or gable for
a pitched or hip roof structure.
[Added 9-19-2013 by Ord.
No. 2013-19; amended 10-28-2021 by Ord. No. 2021-21]
For any new construction, substantial improvement, and substantial addition to any building located in an area of special flood hazard as set forth in § 126-7 of this Code, the vertical distance measured from the base flood elevation as shown on the Federal Emergency Management Agency (FEMA) Base Flood Elevation (BFE) maps, plus three feet of freeboard, to the highest finished surface of the coping for a flat roof, deckline for a mansard roof, or gable for a pitched or hip roof structure. If the principal building first floor is at least three feet over the base flood elevation, the maximum building height shall be measured from the first-floor elevation, but no more than four feet greater than the base flood elevation, or, if parking below the building is provided, nine feet from the highest top of curb to the highest finished surface of the coping for a flat roof, deckline for a mansard roof or gable for a pitched or hip roof structure. For any new construction, substantial improvement, and substantial addition to any building located in an area designated as a one-hundred-year flood zone as set forth in § 126-7 of this Code, the vertical distance measured from the base flood elevation as shown on the Federal Emergency Management Agency (FEMA) Base Flood Elevation (BFE) maps, plus three feet of freeboard, to the highest finished surface of the coping for a flat roof, deckline for a mansard roof, or gable for a pitched or hip roof structure. For new construction within an X-Zone, the BFE of the highest adjacent AE Zone shall be utilized to determine building height. If an existing principal building's first floor is below the base flood elevation, plus three feet of freeboard, and the building is not being raised, the height is measured from the existing lowest habitable floor.
[Added 9-19-2013 by Ord. No. 2013-17; amended 3-19-2015 by Ord. No. 2015-08; 6-28-2018 by Ord. No. 2018-26]
See "zoning permit."
A building in which is conducted the main or principal use
of the lot, to which all other buildings on the lot are accessory.
There shall be only one principal structure per residential lot unless
otherwise permitted by the zoning district.
[Amended 4-8-1999 by Ord. No. 9907]
That slope established by a direct line connecting a point
not more than 12 inches vertically above the intersection of the effective
building width envelope with the maximum eave height to a point intersecting
the maximum building height with the center of the effective building
width, as shown below:
[Added 6-7-2007 by Ord. No. 2007-5]
 |
An established line within a property, defining the minimum
required distance between the face of any structure to be erected
and an adjacent right-of-way or street line.
Determined by subtracting the total of the two zoning district
side yard setbacks, or the actual setbacks as may be established by
variance approval, from the actual lot width dimension. For irregular-shaped
lots, the lot width shall be that distance between side lot lines
at the zoning district front yard setback. For corner lots, the lot
width shall be the smaller of the two lot dimensions; and the effective
building width shall be calculated using the side yard, as determined
above, and the required district front yard setback.
[Added 6-7-2007 by Ord. No. 2007-5]
The term used to describe the size of buildings or other
structures and their relationship to each other, to open areas such
as yards and to lot lines, and includes the size, height and floor
area of a building or other structure, the relation of the number
of dwelling units in a residential building to the area of the lot
and all open areas in yard space relating to buildings and other structures.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A "cellar"
shall not be considered in determining the permissible number of stories
nor shall it be considered in the calculation of habitable area as
called for in various residential districts. See "basement."
See "street, center line of."
A statement, signed by the Zoning Officer, setting forth
either that a building, structure or swimming pool does or does not
comply with this chapter or that a building, structure or parcel of
land may lawfully be used for specified uses, or both.
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, education, burial, recreational
or other uses not normally associated with worship.
An organization catering exclusively to members and their
guests, including premises and buildings for social, recreational
or other athletic purposes, which are not conducted primarily for
financial gain, provided that there are not conducted any vending
stands, merchandising or commercial activities except as required
generally for the membership and purpose of such club and within the
property boundaries of such facilities.
More than three single-family residential dwelling units
designed within an overall concept in accordance with the provisions
of this chapter and subject to Planning Board approval.
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, not including parking lots, streets, drives or other
vehicular buildings or structures.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board. "Conditional uses" are specified by
zoning district within this chapter.
The City official specified in the Building Code and designated
as such by the Board of Commissioners.
Composite of the master plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adapted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
An open unoccupied space enclosed on all sides by exterior
walls of a building.
An open unoccupied space enclosed on not more than three
sides by exterior walls of a building.
A street with access closed at one end and having a minimum
forty-foot cartway radius turnaround at the closed end.
Calendar days.
A permeable or nonpermeable structure having no roof with
sidewalls or railings not higher than 42 inches above the deck floor
and is attached to and projecting from the principal structure. Retractable
awnings affixed to principal structures without poles shall be permitted.
A nonpermeable deck will count as lot coverage. A permeable deck with
open slats of at least 1/4 inch between boards at installation shall
not count as lot coverage, building nor landscape coverage unless
covered by an impermeable deck or roof. If a deck has a roof other
than a permeable or impermeable deck, then it is included as lot coverage
as long as the deck is not enclosed.
[Added 9-11-1997 by Ord.
No. 9715; amended 10-28-2021 by Ord. No. 2021-21]
Decks serving third floor (1/2 story) habitable areas shall
be inset within the principal structure and must meet all principal
building setbacks.
[Added 6-28-2018 by Ord.
No. 2018-26]
The number of dwelling units permitted in a development,
expressed in units per net acre, meaning acreage exclusive of streets
and land to be dedicated to Ventnor City or another government agency.
One which has yard access on all four sides.
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 or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to this chapter.
Developmental Ordinance (zoning, subdivision, site plan),
Official Map Ordinance or other municipal regulation of the use and
development of land or amendment thereto adopted and filed pursuant
to this chapter.
A roofed structure, often containing a window that projects
vertically beyond the plane of a pitched roof. Any dormer above the
finished second floor shall be set back a minimum of 18 inches from
the exterior wall of the floor below.
[Added 6-28-2018 by Ord.
No. 2018-26]
The removal of surface water or groundwater from the 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.
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 in accordance with Chapter 1 of Title 58 of the New Jersey Statutes Annotated.[4]
Premises constructed for the sale of any goods or services
by means of curb and/or window-counter service, whether to the motoring
public or pedestrians.
A single building designed for and occupied exclusively as
a residence containing two dwelling units on a single lot, where the
dwelling units are located one over the other.
A building or portion thereof containing more than two dwelling
units.
APARTMENT HOUSEA detached building containing three or more separate housekeeping units and used as a residence by three or more families.
APARTMENT, GARDENA group of not less than three nor more than 20 multifamily dwellings, architecturally designed with some units placed on top of other units, not in excess of three stories in height, designed for rental or sale of individual housekeeping units, having common open space and in accordance with the special requirements set forth in this chapter. This does not include occupancy units that are rented or hired out to transient clientele for sleeping purposes.
APARTMENT, HIGH-RISEA multifamily dwelling, over three stories in height, with elevator service, designed for rental or condominium ownership of the individual housekeeping units as designed in accordance with the special requirements set forth in this chapter.
TOWNHOUSEA residential structure of no more than three stories, containing not less than three nor more than 10 one-family dwelling units, each being separate from the adjoining units by an approved masonry party wall or walls, thus creating a distinct unit intended for separate rental or ownership.
A building containing one dwelling unit.
A single building designed for and occupied exclusively as
a residence containing two dwelling units on a single lot where the
dwelling units are located side-by-side to each other. These side-by-side
dwelling units must be joined together by a common party wall which
extends from the foundation to the roof and from the front yard to
the rear yard of the lot. The front yard shall be that yard which
abuts the street line of the property.
A building or entirely self-contained portion thereof, but
not including a boat, trailer or other vehicle of any type nor a temporary
shelter such as a tent, which contains complete housekeeping facilities
for one family only and which has no enclosed space or cooking facilities
in common with any other dwelling unit, except vestibules, entrance
halls, porches or hallways.
The area enclosed within the inside walls of the dwelling
unit with a finished-floor-to-structural-ceiling-height of not less
than seven feet six inches, excluding garages and porches.
[Added 4-26-2018 by Ord. No. 2018-14]
Any vehicle that operates, either partially or exclusively,
on electrical energy from the grid, or an off-board source, that is
stored on board for motive purpose. "Electric vehicle" includes:
Electric charging facilities for electric vehicles, commonly
consisting of a connection to the electrical grid, power supply cables,
a mount, and connection to vehicle. An EVSE shall be comprised of
all equipment that connects a motorized electric vehicle to the electrical
grid.
[Added 4-26-2018 by Ord.
No. 2018-14]
The greatest number of persons to be employed and present
in the building in question during any season of the year and at any
time of the day or night.
A nonhabitable, unfinished or flood-resistant space below
the base flood elevation (BFE) usable solely for the parking of vehicles,
storage and building access to the first floor. Such space shall not
be partitioned into multiple rooms or used for human habitation. The
storage permitted in an enclosure shall be limited to that which is
incidental and accessory to the principal use of the structure. Storage
should be limited to such items as lawn and garden equipment, beach
chairs and bicycles, which either have a low damage potential or can
be easily moved to the elevated portion of the building if there is
a flood.
[Added 3-19-2015 by Ord.
No. 2015-08]
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, whose relationship is of a permanent
and distinct domestic character.
An establishment whose principal business is the sale of
prepared or rapidly prepared food directly to the customer in a ready-to-consume
state for consumption either within a restaurant building, in cars
on the premises or off the premises.
[Added 11-20-2014 by Ord. No. 2014-29]
An open vertical structure consisting of spaced foundation
posts with horizontal rails between posts supporting slats, boards
or mesh fabric, etc., and made of wood, metal, plastic, or a combination
of same, which permanently or temporarily prohibits or inhibits unrestricted
travel between private properties, or portions of properties, or between
the public right-of-way and private property.
[Amended 5-1-2003 by Ord. No. 2003-2]
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 total gross floor area of a building on a lot divided
by the area of the lot.
The sum of the gross horizontal areas of all floors of any
building or buildings on a lot, measured from the interior walls.
In particular, the total floor area shall be any basement or cellar
space which has been improved.
The horizontal distance measured along the full length of
the front line along the street right-of-way. Lot frontage must equal
the lot width requirement except for lots fronting on culs-de-sac,
when the lot frontage may be reduced by 60% of the lot width requirements.
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
Any garage used for the housing, care, maintenance and repair
of motor vehicles.
A building accessory to a dwelling unit used for the housing
of not more than three motor vehicles.
A building accessory to a dwelling unit used for the housing
of not more than three motor vehicles per family.
Any garage not included within the definitions of "private
garage" or "commercial garage."
All area of land and any structure thereon used for the retail
sale of motor fuel, lubricants and incidental services, such as hand-washing,
and the sale, installation and repair of tires, batteries or automobile
accessories.
Illumination from a source of light producing a reading of
50 or more on a standard Weston photographic light meter or its equivalent
at a distance of three feet from the public right-of-way or a reading
of 0.5 or more when such meter or its equivalent is held anywhere
on a residential property line.
An open area and its necessary buildings used for the playing
of golf.
The established elevation of the curb at the midpoint between
the two side yard lines.
A use permitted in specific areas of certain zoning districts
whereby a residentially occupied structure may operate a professional
office on the lowest habitable floor closest to the ground of a principal
structure only and meeting all the conditions for such use as established
within this definition and the zoning district. Uses shall be limited
to professional offices for New Jersey licensed accountants, attorneys,
architects, physicians, chiropractors, dentists, engineers, surveyors,
planners, landscape architects, optometrists and shorthand reporting.
The definitions of proposed operations are to imply that the use permitted
is for a product created on the premises by a particular professional
and shall not imply the sale on the property of products made or services
performed off of the property. For such operators of home occupations,
the operator or licensee need not be the owner of the property but
shall reside in the living portions of the residential structure.
A home occupation may have two nonresident employees other than that
of the professional licensee and resident family members of the home
occupation. Hours of operation for the home occupation shall be limited
to from 8:00 a.m. to 8:00 p.m. Monday through Saturday. Home occupations
shall be permitted in all zoning districts where properties have street
frontage along Atlantic and Ventnor Avenues from Jackson to Fredericksburg
Avenues, Dorset Avenue from Atlantic to Wellington Avenues and Wellington
Avenue from Dorset Avenue to the Ventnor-Atlantic City boundary.
[Amended 11-12-1998 by Ord. No. 9824]
A dwelling of not more than 10 bedrooms where lodging or
lodging and meals are provided for compensation for transient guests.
A measurement of the amount of light falling on a real or
imaginary surface per unit area, often described as "light-level."
In SI-derived units, these are measured in lux (lx) or lumens per
square meter (cd sr m -2). The footcandle
is a nonmetric unit of illuminance.
[Added 8-21-2014 by Ord. No. 2014-22]
A comprehensive statement of potential impact upon the site
for all major projects that might significantly affect the quality
of the environment.
Material which does not allow percolation of water through
or between and contributes to an increase in the surface water runoff
from a site. Impervious materials of construction shall be considered
as concrete, asphalt, brick or decorative pavers and timber decking
with no gaping between slats.
A completely planted visual barrier composed of evergreens
or other plants as specified by a district in a schedule available
from the Building Inspector.
An establishment providing washing, drying, or dry-cleaning
machines on the premises for rental use to the general public.
[Added 11-20-2014 by Ord. No. 2014-29]
An electronic, semiconductor device that emits light when
an electrical current is passed through it.
[Added 8-21-2014 by Ord. No. 2014-22]
A flat-panel display, electronic visual display, or video
display that uses the light-modulating properties of liquid crystals.
[Added 8-21-2014 by Ord. No. 2014-22]
Any paved or otherwise surfaced off-street space available
only for the loading or unloading of goods, at least 12 feet wide
and 35 feet long with clear headroom of at least 14 feet and having
direct usable access to a street.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The total horizontal area included within the limits of the
lot lines bounding a tract of land. For the purpose of this chapter,
any portion of a lot which is located within or under a waterway or
other body of water or which is located within an area designated
by the State of New Jersey Department of Environmental Protection
as wetlands in accordance with the provisions of the Wetlands Act
of 1970 (N.J.S.A. 13:9A-1 et seq.) shall not be included in calculating
"lot area" or other bulk requirements. In the case of the above, for
lots which adjoin a waterway or wetlands which are not bulkheaded,
the lot line for the purpose of calculating area and bulk requirements
as contained in this chapter shall be the mean high-water line in
the National Geodetic Vertical Datum or other datum as determined
and confirmed by NJDEP. Beachfront lots are bounded by the lot lines
and areas exclusive of any riparian areas. Bulk standards and setbacks
for beachfront lots shall be as indicated later in this chapter.
[Amended 10-28-2021 by Ord. No. 2021-21]
That percentage of the lot covered with impervious materials;
that area of the plot or lot area covered by the building area. Enclosed
areas such as sun porches, breezeways and foyers as well as open areas
such as impervious decks, porches and patios, whether at grade or
above grade, will be included as "lot coverage." "Lot coverage" shall
also include areas occupied by impervious driveways and accessory
structures and uses.
The mean distance from the street line of a lot to its opposite
rear line measured in the general direction of the side lines of the
lot.
Any boundary line of a lot.
The shortest straight line distance between side lot lines
at front yard setback points on each side lot line measured from the
street line. The minimum "lot width" shall be measured at the farthest
building setback line where front and side lot lines are not perpendicular.
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
"corner lot" if straight lines drawn from the foremost points at the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
The dividing line between the lot and the street, except
in the case where a lot has no street frontage but abuts on a right-of-way,
then such right-of-way line shall be the front line of the lot.
A photometric measure of the luminous intensity per unit
area of light traveling in a given direction. It describes the amount
of light that passes through or is emitted from a particular area
and falls within a given solid angle. The SI unit for luminance is
candela per square meter (cd/m2). A non-SI term for the same unit
is the "nit." One candela per square meter is equal to one nit.
[Added 8-21-2014 by Ord. No. 2014-22]
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required by this
chapter.
All site plans not classified as minor site plans.
All subdivisions not classified as minor subdivisions.
A composite of mapped and written proposals recommending
physical development of Ventnor, duly adopted by the Planning Board.
A development plan that proposes a change in use or will
increase the usable floor area or any modification to the interior
floor layout of an existing building shall require review as a "minor
site plan." A "change in use" is defined as any change on a site that
will increase the parking requirement for that site as stated in the
Development Regulations.
Any subdivision containing not more than three lots, exclusive
of the remaining lot or parcel fronting upon an existing approved
and improved street, provided that such subdivision does not involve
a planned development, any new street or the extension of any off-tract
improvement, the cost of which is to be prorated pursuant to Section
30 of the Act (N.J.S.A. 40:55D-42).
Any building containing more than 10 occupancy units that
are rented or hired out to transient clientele for sleeping purposes,
with parking spaces adjacent to the bedrooms, and which is subject
to the laws and regulations of the State of New Jersey.
An area of land devoted to residential buildings and accessory
uses on the same lots, such as informal open space, drives, parking
and service areas, but excluding land for public streets and nonresidential
buildings.
A map adopted in accordance with the New Jersey Municipal
Land Use Law, Chapter 291, Laws of New Jersey 1975.[5]
Not located on the property which is the subject of a development
application nor on a contiguous portion of the street or right-of-way.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
A space which, exclusive of driveways and turning areas,
is 10 feet wide and 20 feet long if in an enclosed garage or not less
than nine feet wide by 19 feet long if in the open and which is accessible
for the parking of one vehicle. All off-street parking spaces or areas
shall be paved. Required off-street parking areas for three or more
vehicles shall have individual spaces marked and shall be so designed,
maintained and regulated that no parking, backing onto or other maneuvering
incidental to parking shall be on any public street, walk or alley
and so that any vehicle may be parked or unparked without moving another.
Handicapped spaces shall be 12 feet wide.
Any security which may be accepted by a municipality, including
cash, provided that a municipality shall not require more than 10%
of the total performance guaranty in cash.
A clear and unoccupied space extending along the entire lot
line at a depth specified in this chapter. The depth of the "perimeter
setback" area shall be measured at right angles to the lot line of
the property.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan
containing one or more public, quasi-public, commercial or industrial
areas in such ranges or ratios of nonresidential uses to residential
uses as shall be specified in the Zoning Ordinance.
An area with a specific minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters which may include appropriate
commercial or public or quasi-public use, all primarily for the benefit
of the residential development.
The map of a subdivision.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the Clerk of the County of Atlantic for recording, in accordance with
law. A plat that received final approval shall have been prepared
by a New Jersey professional engineer or land surveyor in accordance
with all of the provisions of Chapter 141 of the Laws of 1960.[6]
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board for tentative approval and meeting the requirements of Article XX of this chapter.
The sketch map of the subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article XX of this chapter.
A permeable or nonpermeable structure entirely or partially
roofed with sidewalls or railings not higher than 42 inches above
the porch floor and which is attached to or projecting from the principal
structure. Retractable or fixed pole roofs of a temporary or seasonal
nature shall constitute roofs.
[Amended 9-11-1997 by Ord. No. 9715]
An initial meeting between developer and municipal representatives
which affords developers the opportunity to present their proposals
informally.
The conferral of certain rights prior to the 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.
Establishments primarily engaged in providing assistance,
as opposed to products, to individuals, business industry, government,
and other enterprises, including business, repairs, and amusement
services; health, legal, engineering, and other professional services;
educational services; membership organizations; computer and information
technology services, funeral parlors, beauty and barbershops; and
other miscellaneous services.
[Added 11-20-2014 by Ord. No. 2014-29]
A private or public space, including essential buildings
and structures used for play and recreational space of individuals.
A procedure by which services and/or real or personal property
are temporarily transferred to another person for a specific time
period in exchange for remuneration.
A dwelling unit owned and maintained by the family utilizing
the unit as its principal place of residence and domicile. "Principal
place of residence or domicile" shall be the following:
The address used by the occupant for purposes
of voter registration.
The address used by the applicant for purposes
of motor vehicle and professional licensing with the State of New
Jersey.
The dwelling in which the occupant resides for
a minimum of seven months in a continuous twelve-month period.
An establishment in which food and nonalcoholic beverages
may be procured, provided that such food or nonalcoholic beverages
are to be consumed while seated at a table, counter or booth within
the building.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
[Added 11-20-2014 by Ord. No. 2014-29]
The slope of a roof measured as a ratio of rise over run.
The minimum required roof pitch in any residential district is 5:12
for all gable and hip roofs. Dormer roofs may be allowed a lesser
roof pitch for a shed roof. Flat roofs are permitted.
[Added 6-28-2018 by Ord.
No. 2018-26]
A duly organized school, other than a public school, giving
regular instruction in subjects ordinarily taught in the public schools
and not under the jurisdiction of the school district but properly
registered with the State of New Jersey.
Any device or representation for visual communication used
as or which is in the nature of an advertisement, announcement or
direction, including any letter, work, model, banner, pennant, insignia
or trade flag, but excluding any public traffic or directional signs.
A freestanding sign erected for the purpose of displaying
information or an image using any form of electronic technology, such
as light-emitting diodes (LEDs) or liquid crystal devices (LCDs).
[Added 8-21-2014 by Ord. No. 2014-22]
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; and 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 Article 6 of Chapter 291, Law of New Jersey
1975.[7]
[Added 4-26-2018 by Ord. No. 2018-15]
A renewable energy system that converts solar energy into usable
electrical energy, heats water or produces hot air or similar function
through the use of solar collectors which:
Are used to generate electricity; and
Have a nameplate capacity of 100 kilowatts or less;
Includes solar panels, a generator and associated equipment,
including any base, foundation, structural support, wire(s), batteries
or other components necessary to fully utilize the solar generator.
For the purposes of solar energy systems only, the following
definitions shall apply:
OWNERThe individual, entity and/or property owner that intends to own and operate the solar energy system in accordance with § 102-118.9. Should the property owner be different than the owner or entity who intends to own and operate the solar energy system, the property owner shall provide written consent to the operator to make application for and operate such solar energy system.
TOTAL HEIGHTThe vertical distance from finished grade to the highest point of the solar energy system, including all related apparatus and associated.
That part of any building comprised between the level of
one finished floor and the level of the next higher finished floor
or, if there is no higher finished floor, then that part of the highest
finished floor and the top of the roof beams.
Any space partially within the roof framing where the clear
height of not more than 75% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
which is shown upon a plat heretofore approved pursuant to law, which
is approved by official action as provided by this chapter or which
is shown on a plat duly filed and recorded in the office of the county
recording officer prior to the appointment of a Planning Board and
the grant to such Board of the power to review plats. The word "street"
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.
A street carrying traffic from collector streets.
A line which is usually at equal distances from both street
lines or rights-of-way lines.
A street which carries traffic from minor streets to the
major system of arterial streets. "Collector streets" shall include
the principal entrance streets(s) of a residential development and
streets for circulation within such a development.
The dividing line between a lot and a public street, road
or highway or between a lot and a private street, road or way over
which two or more dominant estates have the right-of-way.
A street which is used primarily for access to the abutting
properties.
A street which is parallel to and adjacent to an arterial
street or highway and which provides access to abutting properties
and protection from through traffic.
See "street, local."
Any change in the supporting members of a building or any
substantial change in the roof or in the 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.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land
into two or more lots, sites or other divisions of land for the purpose,
whether immediate or future, of sale or building development, except
that the following divisions shall not be considered "subdivisions";
provided, however, that no new streets or roads or the extension of
water, sewer or drainage lines or other municipal improvements are
involved:
Divisions of property by testamentary or intestate
provisions or divisions of property upon court order.
Divisions of property having more than one single-
or two-family dwelling constructed and occupied prior to the adoption
of the Zoning Ordinance, which division does not meet the lot size
and area requirements of the Zoning Ordinance but which will result
in one single- or two-family dwelling on each separate lot, provided
that:
Said division shall not result in one or more
vacant lots.
The property to be divided is in single ownership.
Said division shall result in not more than
three lots fronting upon an existing street.
Each lot shall have its own sewer and water
connection connected to an approved public system.
Subdivision also includes resubdivision and,
where appropriate to the context, relates to the process of subdividing
or to the lands or territory divided.
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing subdivisions
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.
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 10-28-2021 by Ord.
No. 2021-21]
Any minor subdivision not requiring any variances at the
time of submission without any new right-of-way or streets proposed.
[Added 10-28-2021 by Ord.
No. 2021-21]
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its condition before damage would
equal or exceed 40% of the market value of the structure before the
damage occurred. "Substantial damage" also means flood-related damages
sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of each such flood
event, on the average, equals or exceeds 40% of the market value of
the structure before the damages occurred.
[Added 4-16-2015 by Ord.
No. 2015-14]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, during a ten-year period, the cost of which equals
or exceeds 40% of the market value of the structure before the start
of construction of the improvement. This term includes structures
which have incurred substantial damage, regardless of the actual repair
work performed. The term does not, however, include either:
[Added 4-16-2015 by Ord.
No. 2015-14]
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 ensure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are shown which are characterized by depiction or description
of obscene material as the same as defined in N.J.S.A. 2C:34-2a(1).
Any purpose for which a building or other structure or tract
of land may be designed, arranged, intended, maintained or occupied
or any activity, occupation, business or operation carried on in a
building or other structure on a tract of land.
An area for the storage and display of used automobiles advertised
for sale, including motorcycles, trucks or any other motorized vehicle.
The main or primary purpose or purposes for which land, a
structure or a building is designed, arranged or intended or for which
it may be occupied or maintained under the Zoning Ordinance.
A solid vertical structure with a continuous foundation and
made of concrete, masonry, wood-framed stucco finish, or combination
of same, which permanently or temporarily prohibits or inhibits unrestricted
travel between private properties, or portions of properties, or between
the public right-of-way and private property.
[Amended 5-1-2003 by Ord. No. 2003-2]
A window or portion of a window, including a window either
in addition to or as a substitute for mechanical ventilation, which
is required by any applicable law or statute or other City codes or
ordinances to provide light or ventilation to a room used for living
purposes.
An open, unoccupied space on the same lot with the main building,
open and unobstructed from the ground upward.
The mean distance from the rear lot line or its vertical
projection to the part of the building that is nearest thereto at
any story level.
The minimum distance between the side lot line or its vertical
projection and the sidewalls of the building.
A yard extending the full width of the lot and extending
from the front line of the main building projected to the side lines
of the lot to the street line.
A yard extending the full width of the lot and extending
from the rear line of the lot to the rear line of the main building,
projected to the side lines of the lot.
A yard extending from the front yard to the rear yard between
the main building and the adjacent side line of the lot.
A document signed by the administrative officer which is
required by ordinance as a condition precedent to commencement of
a use or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of the municipal Zoning Ordinance or variance therefrom duly authorized
by a municipal agency pursuant to Sections 47 and 57 of the Municipal
Land Use Act.[8]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[4]
Editor's Note: Chapter 1 of Title 58 of the Revised Statutes was repealed by L. 1945, c. 22. See now Title 58, Chapter 1A.
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[6]
Editor's Note: See N.J.S.A. 46:26B-l et seq.
[7]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[8]
Editor's Note: See N.J.S.A. 40:55D-60 and
40:55D-70, respectively.
