[Ord. #02-19]
"An Ordinance to limit and restrict to specified districts or zones, and to regulate therein, buildings and structures according to their construction and the nature and extent of their use, and the nature and extent of the use of land in the City of Ocean City, in the County of Cape May, New Jersey, and providing for the administration and enforcement of the provisions herein contained and fixing penalties for the violations thereof."
[Ord. #02-19]
This Ordinance shall be known and may be called the "Ocean City Zoning and Land Development Ordinance."
[Ord. #02-19]
The intent of this Ordinance is to establish a precise and detailed plan for the use of land in Ocean City and is enacted in order to promote and to protect the public health, safety, morals, comfort, convenience and the general welfare of the people.
This Ordinance has been adopted in order to:
[Ord. #02-19]
Establish zoning districts and therein regulate the use of land and structure for residential, business, office, conservation and other purposes.
[Ord. #02-19]
Regulate the location, height, bulk and size of buildings and structures, the size of yards, courts and open spaces, the percentage of a lot which may be occupied by a building or a structure, and the density of population.
[Ord. #02-19]
Establish procedures and standards governing development review applications before the Planning Board and Board of Adjustment.
[Ord. #02-19]
Establish development standards for land use, structures, accessory structures, subdivision of land and site improvements related to land development.
Such regulations are deemed necessary to achieve the following purposes:
[Ord. #02-19]
To protect the character and maintain the stability of residential and business areas within the City and to promote the orderly and beneficial development of such areas.
[Ord. #02-19]
To regulate the intensity of use of lots, and to determine the area of open spaces surrounding buildings necessary to provide light and air, privacy and convenience of access to property and to protect the public health.
[Ord. #02-19]
To establish building lines and the location of buildings designed for residential, business or other uses within such lines.
[Ord. #02-19]
To fix reasonable standards to which buildings or structures shall conform.
[Ord. #02-19]
To prohibit uses, buildings or structures which are incompatible with the character of development or the use permitted within specified zoning districts.
[Ord. #02-19]
To prevent such addition to, and alteration or remodeling of, existing buildings or structures that would not comply with the restrictions and limitations imposed hereunder.
[Ord. #02-19]
To limit congestion in the public streets and so protect the public health, safety, convenience and the general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles.
[Ord. #02-19]
To provide protection against fire, flood, explosion, noxious fumes and other hazards in the interests of public health, safety, comfort and the general welfare.
[Ord. #02-19]
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons and neighborhoods and to preserve the environment.
[Ord. #02-19]
To promote the conservation of open space and valuable natural resources and to prevent degradation of the environment through improper use of land.
[Ord. #02-19]
To promote the conservation of energy through the use of planning practice designed to reduce energy consumption and to provide for the maximum utilization of renewable energy sources.
[Ord. #02-19]
This Ordinance shall apply to all structures, land and uses within the corporate limits of the City of Ocean City, New Jersey.
[Ord. #02-19]
All buildings and structures erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to the regulations of this Ordinance.
[Ord. #02-19; Ord. #03-12, § 1; Ord. #04-13, § 1; Ord. #04-29, § 1; Ord. #07-02, § 1; Ord. #07-31, § 1; Ord. #08-12, § 1; Ord. #10-09, § 2; Ord. #12-19, § 1; Ord. #13-07, § 1; Ord. #13-12, § 1; Ord. No. 2016-03 § 3]
a. 
Existing buildings, structures and uses which do not comply with the regulations of this Ordinance shall be allowed to continue subject to the following:
1. 
In the event that any structure is destroyed by fire, flood, or other natural catastrophe in an amount up to one hundred percent (100%) of the cost of replacement of the structure the previous use may be continued notwithstanding any use violation of this Ordinance.
2. 
In the event any structure is destroyed by fire, flood or other natural catastrophe in an amount greater than seventy-five percent (75%) of the cost of replacement of the structure, such structure shall not be restored unless such structure shall thereafter conform to all regulations of the zoning district (excluding use) in which it is located. In this instance, variance approval shall not be required for pre-existing, nonconforming lots.
3. 
Expansion of Nonconforming Buildings. Where buildings have become nonconforming by virtue of the more stringent area, yard and height standards of this Ordinance, said nonconforming buildings or structures may be modified, provided that such modifications do not increase the nonconformity respective to the area, yard, height and other bulk requirements for the zone.
4. 
Elevating nonconforming buildings. As used in this section:
[Amended 6-11-2020 by Ord. No. 20-09]
EXISTING STRUCTURE
Any structure that existed on October 28, 2012.
HIGHEST APPLICABLE FLOOD ELEVATION STANDARD
The new FEMA base flood elevation plus an additional three feet, or any applicable flood elevation standard required pursuant to N.J.A.C. 7:13-1.1 et seq. and adopted by the Department of Environmental Protection pursuant to the "Flood Hazard Area Control Act," P.L.1962, c. 19 (N.J.S.A. 58:16A-50 et seq.), whichever is higher.
NEW AND APPROPRIATE ELEVATION
Any elevation to which a structure is raised, or is to be raised, that is equal to or higher than the applicable new FEMA base flood elevation; provided, however, in no case shall the new and appropriate elevation exceed the "highest applicable flood elevation standard."
NEW FEMA BASE FLOOD ELEVATION
Any base flood elevation proposed or adopted after October 28, 2012, by the Federal Emergency Management Agency.
ORIGINAL DIMENSIONS
The exact vertical and horizontal dimensions of a structure as it existed on October 28, 2012.
SANDY-DAMAGED STRUCTURE
Any structure that existed on October 28, 2012, and was damaged or destroyed by Hurricane Sandy.
STRUCTURE
Any dwelling or building; however, in the case of attached townhouses or row houses for which title to each townhouse or row house building, including the roof and other structural elements, is held in fee simple, "structure" means a single townhouse or single row house.
STRUCTURE
Shall not include a unit which is part of a condominium as defined in P.L. 1969, c. 257 (N.J.S.A. 46:8B-1 et seq.).
(a) 
(1) 
Notwithstanding the provisions of any other law to the contrary, except as otherwise provided pursuant to paragraph (a)(2), a person shall be exempt from any development regulation, including any requirement to apply for a variance therefrom, that otherwise would be violated as a result of raising an existing structure to a new and appropriate elevation, or constructing a staircase or other attendant structure necessitated by such raising; provided, however, this exemption shall apply only to the minimum extent or degree necessary to allow the structure to meet the "new and appropriate elevation" with adequate means of ingress and egress.
(2) 
The exemption established pursuant to paragraph (a)(1) shall not be available to a person who has altered the original dimensions of a structure if, had the alteration not been made, the structure could have been raised to meet the new and appropriate elevation either without the exemption or with an exemption of lesser degree than is needed with the alteration.
(b) 
(1) 
Notwithstanding the provisions of any other law to the contrary, except as otherwise provided pursuant to paragraph (b)(2), a person shall be exempt from any development regulation, including any requirement to apply for a variance therefrom, that otherwise would be violated as a result of using a new and appropriate elevation when lawfully repairing or reconstructing a Sandy-damaged structure, or constructing a staircase or other attendant structure necessitated by use of the new and appropriate elevation; provided, however, this exemption shall apply only to the minimum extent or degree necessary to allow the Sandy-damaged structure to meet the new and appropriate elevation with adequate means of ingress and egress.
(2) 
The exemption established pursuant to paragraph (b)(1) shall not be available to a person whose repair or reconstruction plan would alter the original dimensions of a structure when, if not for the alteration, the structure could otherwise be raised to meet the new and appropriate elevation either without the exemption or with an exemption of lesser degree than is needed with the alteration.
(c) 
Notwithstanding the provisions of any other law to the contrary, any deed restriction or agreement, no matter when entered into or made, that prohibits or has the effect of prohibiting any otherwise lawful raising or constructing of a structure to a new and appropriate elevation is contrary to public policy and therefore shall be unenforceable, except that all other covenants, easements, and restrictions of a common interest community shall remain in force, and costs associated with the construction, repair, or other related improvements to neighboring properties and common elements shall be borne solely by the owner of the structure which will be raised or constructed to a new elevation.
b. 
The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure was legally existing before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the Zoning Officer within one (1) year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Board of Adjustment.
c. 
Notwithstanding the provisions contained in Subsection 25-105.3e, lots existing at the time of the adoption of this Ordinance with an area or width, less than prescribed for a lot in the zone in which it is located having ninety percent (90%) or more of the required area or width, which parcel was under one (1) ownership on the date of the adoption of this Ordinance, when the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone in which it is located. Compliance with all applicable zoning and design standards is required.
d. 
Lots existing at the time of the adoption of this Ordinance shall be deemed to be conforming for the purposes of lot frontage and lot depth.
e. 
Lots existing at the time of the adoption of this Ordinance on the City of Ocean City Tax Map, the owner of which owned no adjacent lots, and located within zoning districts where detached single-family dwellings are a permitted principal use, shall be deemed to be conforming in terms of lot width, lot frontage, lot area and lot depth for detached single-family use. Compliance with all other applicable zoning requirements and design standards pertaining to the single-family use shall be required.
f. 
Coastal Cottages existing as of the effective date of Ordinance No. 2016-03[1] or approved by the Planning or Zoning Board for development are and shall be treated for zoning purposes as conforming as to use and bulk zoning requirements.
[Ord. No. 2016-03 § 3]
[1]
Editor's Note: Ordinance No. 2016-03 was adopted May 26, 2016.
g. 
Within the Central Business Zone and 34th Street Gateway Zone the minimum lot width, lot frontage and lot area requirements specified in this Ordinance shall not apply to any existing interior lot which is less than sixty feet (60') in width and six thousand (6,000) square feet in area, or to any existing corner lot which is less than seventy feet (70') in width and seven thousand (7,000) square feet in area, at the time of adoption of this Ordinance, provided, at that time the owner did not own any adjoining lot(s) and all other regulations prescribed for the zone are or can be complied with. In that event interior lots less than sixty feet (60') in width and six thousand (6,000) square feet in area, and corner lots less than seventy feet (70') in width and seven thousand (7,000) square feet in area shall be grandfathered and exempt from the minimum lot width, lot frontage and lot area regulations and shall be considered conforming in terms of lot width, lot frontage and lot area.
[Ord. #02-19]
No building or structure; no use of any building, structure or land; and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, altered, moved, divided or maintained, in any manner, except as authorized by the provisions of this Ordinance.
[Ord. #02-19]
The following utility uses are permitted in all districts: poles, wires, cables, conduits, vaults, laterals, pipes, mains or any similar equipment, including automated substations requiring no daily servicing by personnel, located on or above the surface of the ground for the distribution to consumers of telephone, cable, television or other communications, electricity, gas or water, or for the collection of sewerage or surface water.
[Ord. #02-19]
This Ordinance is not intended to abrogate, annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship provided, however, that where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than such easements, covenants or the private agreements or legal relationships, the regulations of this Ordinance shall govern.
[Ord. #89-8, § 1; Ord. #02-19]
a. 
Approval of any variance (except a use variance), Zoning Permit, subdivision, site plan, or conditional use granted or lawfully issued prior to the effective date of this Ordinance, or any amendment thereof, shall be valid after such effective date subject to the provisions of Subsection b below. Any structure or use lawfully authorized by any variance, Zoning Permit, subdivision, site plan or conditional use which violates the provisions of this Ordinance shall be allowed to continue subject to the provisions of § 25-105.3a1 and 2 of this Ordinance.
b. 
Any variance granted by the Zoning Board of Adjustment or the Ocean City Planning Board, from the rules and regulations contained in Ordinance 88-27[1] as amended, shall expire one (1) year subsequent to the grant of said variance unless within that period of time the applicant has received a building permit from the Construction Official. In the event a building permit is obtained it shall be acted upon in conformity with the Uniform Construction Code.
[1]
Editor's Note: Ordinance No. 88-27 established the Land Development Regulations for the City.
[Ord. #89-22, § 8; Ord. #02-19]
Nothing in this Ordinance shall be deemed to require any change in the plans, construction or designated use of any structure in the event that:
a. 
A building permit for such structure was lawfully issued prior to the effective date of this Ordinance; and
b. 
Such permit had not by its own terms expired;
c. 
Such permit was lawfully and properly issued in accordance with the law prior to such effective date; and
d. 
There has been a substantial change of position, substantial expenditures or incurrence of substantial obligations by the permit holder in good faith and justifiable reliance on such permit; and
e. 
Construction pursuant to such permit is commenced within ninety (90) days following such effective date and is thereafter diligently pursued to completion.
[Ord. #02-19]
Upon completion of a structure pursuant to a preexisting building permit as authorized by § 25-105.8 hereof, such structure may be occupied by, and a Certificate of Occupancy shall be issued for, the use designated on such permit, subject thereafter to the provisions of § 25-105.3 of this Ordinance relating to nonconformities.
[Ord. #02-19]
It shall be the duty of the Administrative Officer of the City of Ocean City or his representative in his absence to administer and enforce this Ordinance. In no case shall a permit be granted for the construction of or alteration of any building where the proposed construction, alteration or use would be in violation of any provision of this Ordinance. It shall be the duty of the Administrative Officer or his representative to cause any buildings, plans or premises to be inspected or examined and to order in writing to the owner or his agent that any condition be remedied which is found to exist in violation of any provisions of this Ordinance and he shall have the right to enter any building or premises during the daytime in the course of his duties. A copy of any order given in writing to an owner or his agent that any condition be remedied shall be given to the City Clerk.
[Ord. 02-19; #02-36, § 8]
a. 
For any and every violation of the provisions of this Ordinance, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agency, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation shall exist, shall for each and every day that such violation continues, be subject to a fine of not more than one thousand two hundred fifty ($1,250.00) dollars or be imprisoned for a term not exceeding ninety (90) days, or both.
b. 
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this Ordinance pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed one thousand two hundred fifty ($1,250.00) dollars and each lot disposition so made may be deemed a separate violation.
In addition to the foregoing, the City may institute and maintain a civil action:
1. 
For injunctive relief; and
2. 
To set aside and invalidate any conveyance made pursuant to such a contract of sale provided a "Certificate as to Approval of Subdivision Land" has not been issued in accordance with N.J.S.A. 40:55D-56.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years, if unrecorded.
c. 
If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the Municipal Agency or the City Council may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.
d. 
If the developer or agent of the developer shall, after notification by certified mail from the City Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards of life, health or property; continue to carry on the activities specifically included in cessation order(s) from the City Engineer; then any such developer or agent of such developer shall be subject to a fine not to exceed five hundred ($500.00) dollars or to imprisonment for not more than ninety (90) days. Each and every day that a developer or agent of a developer operates in violation of this Ordinance after issuance of a cessation order by the City Engineer shall be considered a separate and specific violation.
[Ord. #02-19]
Any and all ordinances inconsistent with this Ordinance, including all Zoning Ordinances of the City of Ocean City previously adopted are hereby repealed.
[Ord. #02-19]
Should any section, paragraph, word or phrase of this Ordinance be declared invalid by a Court of competent jurisdiction it shall not affect the remaining portions which will remain in full force and effect.
[Ord. #02-19]
This Ordinance shall take effect immediately following final passage and publication.
[Ord. #02-19]
In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals and general welfare, as set forth in the provisions hereof establishing the intent and purpose of this Ordinance in general and its various sections in particular. Where the provisions of this Ordinance impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this Ordinance shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Ordinance, the provisions of such statute, other ordinance or regulation shall be controlling.
[Ord. #02-19]
This Ordinance, being necessary for the welfare of the City and its inhabitants, shall be construed liberally to effect the purposes thereof.
[Ord. #02-19]
a. 
In the interpretation of this Ordinance, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise.
1. 
Words used or defined in one tense or form shall include other tenses and derivative forms.
2. 
Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.
3. 
The masculine gender shall include the feminine and the feminine gender shall include the masculine.
4. 
The word "shall" is mandatory.
5. 
The word "may" is permissive.
6. 
The word "person" includes individuals, firms, corporations, associations, trusts and any other similar entities.
7. 
The word "City" means Ocean City, New Jersey.
8. 
The word "County" means Cape May County, New Jersey.
9. 
In case of any difference of meaning or implication between the text of this Ordinance and any caption, illustration, table or appendix, the text shall control.
When used in this Ordinance, the following terms shall have the meaning herein ascribed to them:
ABANDONMENT
Shall mean a presumption of the waiver of known rights to continue a nonconforming use, which presumption is evidenced by a vacancy of the premises or substantial inactivity with respect to the use thereof, which vacancy or inactivity extends for a period of twenty-four (24) or more months.
ACCESSORY APARTMENT FOR LOW AND MODERATE INCOME HOUSING
Shall mean a portion of an existing single family detached or two (2) family dwelling or an existing accessory building which has been converted to an additional dwelling unit to be used for year round occupancy, and which shall be deed restricted for occupancy by qualified low and moderate income households for a period of ten (10) years as part of Ocean City's Affordable Housing Program as set forth in its Fair Share Plan.
ACCESSORY STRUCTURE
Shall mean a structure detached from a principal building which is customarily associated with, and subordinate and incidental to, a principal building, and located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building. Any building with a floor area of five hundred (500) square feet or more or a building containing living space shall not be considered an accessory building.
ACCESSORY USE
Shall mean a subordinate use of land, or of a building or portion of a building, or of a structure or a portion of a structure, which is customarily incidental to the principal use of the land, building or structure and located on the same lot with such principal use.
ADA
Shall mean the "Americans with Disabilities Act."
ADMINISTRATIVE OFFICER
Shall mean for all matters before the City Council, the City Clerk. For all matters pertaining to applications, minutes and other administrative matters, the Administrative Officer shall be the Secretary of the Planning Board in matters involving the Planning Board and the Secretary of the Board of Adjustment in matters involving the Board of Adjustment. In matters involving issuance of the official list of adjacent property owners for required notices, the Administrative Officer shall be the Tax Assessor. In matters involving records maintenance, the Administrative Officer shall be the Secretary of the Planning Board in matters involving the Planning Board, the Secretary of the Board of Adjustment in matters involving the Board of Adjustment, and the Zoning Officer in matters involving the issuance of a zoning permit or action taken pursuant to complaints regarding the enforcement of this Ordinance. In matters involving issuance of a permit or enforcement of this Ordinance or review of applications submitted to the Planning Board or Board of Adjustment to determine compliance with this Ordinance the Administrative Officer shall be the Zoning Officer. In matters involving review of applications for completeness and for compliance see definition of "Complete Application."
AGENT OF OWNER
Shall mean an attorney or some other person authorized, in writing, to act on behalf of the developer provided, however, that a corporation shall be represented by an attorney licensed in New Jersey.
AIRPORT
Shall mean the Ocean City Municipal Airport consisting of land or water, or both, designed and set aside for the landing and taking-off of fixed wing aircraft and heliport utilized or to be utilized by the general public for such purposes, publicly or privately owned, and licensed by the Commissioner of the New Jersey Department of Transportation as a public use airport, heliport or landing strip.
AIRPORT HAZARD
Shall mean:
1. 
Any use of land or water, or both, which may create a dangerous condition for persons or property in or about an airport or aircraft during landing or taking-off at an airport; or
2. 
Any structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport.
AIRPORT HAZARD AREA
Shall mean any area of land or water, or both, upon which an airport hazard might be created or established if not prevented as provided by this Ordinance or N.J.A.C. 16:62 et seq.
ALLEY
Shall mean a public thoroughfare not more than twenty feet (20') wide which affords a means of access to abutting property.
ALTERATION
Shall mean 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, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
AMENDMENT
Shall mean a means of making changes in the text of this Ordinance of the Zoning Map which have more or less general significance or application.
AMUSEMENT ARCADE
Shall mean any place of business containing one (1) or more amusement devices.
AMUSEMENT DEVICES
Shall mean any machine, contrivance, or device, which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice, or other openings, or by the payment of any price is operated or may be operated by the public generally for use as a game, entertainment, or amusement, whether or not registering a score, and shall include, but not be limited to such devices as electronically operated game devices, skillball, mechanical games operations or transactions similar thereto, by whatever name they may be called but shall not include pool or billiard tables.
ANIMAL HOSPITAL
Shall mean any building or portion thereof designed or used for the care, observation or treatment of domestic animals.
APARTMENT UNIT
Shall mean one (1) or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing three (3) or more dwelling units.
APPEAL
Shall mean a means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this Ordinance.
APPLICANT
Shall mean a developer submitting a development application under the provisions of this Ordinance.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-1 et seq.
APPROVING AUTHORITY
Shall mean the Planning Board of Ocean City, unless a different agency is designated by this Ordinance or by N.J.S.A. 40:55D-1 et seq.
ARCADE
Shall mean any building, structure or premises which has for its primary purpose or function the offering of coin and non-coin operated amusement machines or devices.
ARCHITECTURAL DECORATIONS
Shall mean sills, belt courses, lintels, architraves, pediments and similar features that are differentiated by the main portion of a building by no more than four inches (4").
ARCHITECTURAL FEATURE
Shall mean a prominent or significant element of a building or structure. If containing any floor space an architectural feature shall be included in the calculation of building coverage and lot coverage. Full and partial bays with windows, porches, chimneys, open and enclosed stairs are examples of architectural features.
[Ord. #2016-13 § 1]
ARCHITECTURAL PROJECTION
Shall mean an architectural feature, except for chimneys and the full length or depth of a garage wall that is differentiated from the main portion of a building.
[Ord. #14-36 § 1; Ord. #2016-13 § 1]
ARTERIAL STREET OR ROAD
Shall mean a roadway so designated on the Circulation Plan of the Master Plan of the City.
ATTIC
Shall mean the unfinished, nonhabitable space between the ceiling beams of the top story and the roof rafters. An attic shall be in compliance with Subsection 25-300.16.1.e.
[Ord. #14-44 § 1]
AUTOMOBILE REPAIR
Shall mean the general engine rebuilding or reconditioning of motor vehicles, collision service, such as body repair, frame or fender straightening and repair, or overall painting of motor vehicles.
AUTOMOBILE SALES AGENCY
Shall mean a place of business where the primary purpose is the sale of new or used motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities with or without outside sales on the same business premises or immediately adjacent thereto.
AWNING
Shall mean a roof-like cover of canvas or similar plastic material stretched over a frame that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway, window or storefront from the elements.
BALCONY
Shall mean a platform or similar structure projecting from the wall of a building enclosed by a railing or parapet.
BASE FLOOD ELEVATION
Shall mean the elevation, based on mean sea level, of a flood that has a one percent (1%) or greater chance of occurrence in any given year as established by the Federal Emergency Management Agency and as shown on the Flood Insurance Rate Maps or on other FEMA flood maps, including the Advisory Base Flood Maps, as may be in effect.
BED AND BREAKFAST
Shall mean a facility that is either owner-occupied, or occupied and operated by a resident manager, offering overnight accommodations and a morning meal in a dwelling unit provided to clientele on a limited tenure basis for compensation.
BEDROOM
Shall mean a room or portion of a structure with the principal function of serving as sleeping quarters.
BEST AVAILABLE FLOOD HAZARD DATA
Shall mean the effective Flood Insurance Risk Maps or most recent Advisory Flood Hazard Area Maps FEMA has provided
[Added 2-23-2023 by Ord. No. 23-02]
BLOCK
Shall mean a unit of land bounded by streets on both sides of an intervening alley, or by a combination of streets, alleys and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
BOARD OF ADJUSTMENT
Shall mean the Board of Adjustment of the City of Ocean City, commonly known as the Zoning Board established pursuant to N.J.S.A. 40:55D-69.
BOARDING HOUSE
Shall mean any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two (2) or more units of dwelling space arranged or intended for single-room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangements, but excluding any hotel, motel or established guest house wherein a minimum of eighty-five percent (85%) of the units of dwelling space are offered for limited tenure only; any foster home as defined in N.J.S.A. 30:4C-26.1; any community residence for the developmentally disabled as defined in N.J.S.A. 30:11B-2; any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students; any building arranged for single-room occupancy wherein the units of dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the Department of Higher Education; and any facility or living arrangement operated by, or under contract with, any State department or agency, upon the written authorization of the Commissioner.
LIMITED TENURE - Shall mean residence at a rooming or boarding house on a temporary basis, for a period lasting no more than ninety (90) days, when a resident either maintains a primary residence at a location other than the rooming or boarding house or intends to establish a primary residence at such a location other than the rooming or boarding house or intends to establish a primary residence at such a location and does so within ninety (90) days after taking original residence at the rooming or boarding house.
BOARDWALK
Shall mean the elevated public pedestrian walkway constructed over the municipal right-of-way.
BOCA CODE
Shall mean Building Officials & Code Administrators Building BOCA Code.
BUFFER
Shall mean open spaces, landscaped areas, fences, wall, berms, or any combination thereof generally adjacent to and parallel to the property line, used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances.
BUFFER STRIP
Shall mean a continuous strip of land used to separate land uses and/or activities and to provide transition areas between different traffic flows thereby improving the conditions for public safety; such strips may also be landscaped to block a clear view between separate uses where screening is desirable or required.
BUILDING
Shall mean a combination of materials to form a structure adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA
Shall mean that aggregate of the areas of all enclosed and/or roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using the outside building dimensions measured on a horizontal plane along the building line.
BUILDING AREA, HABITABLE (DISCRETE NEIGHBORHOODS), EXCLUDING THE CORINTHIAN NEIGHBORHOOD AND STENTON PLACE NEIGHBORHOOD
Shall mean the total interior living area of a principal building including covered porches, and the area occupied by stairs and stair towers in single-family dwellings. Decks, exterior stairs and balconies that may have a roof but are not enclosed. Stairwells and elevator shafts shall not be considered to be part of the habitable building area.
BUILDING AREA, HABITABLE (NON-DISCRETE NEIGHBORHOODS), INCLUDING THE OLD CITY OVERLAY ZONE AND THE NEIGHBORHOOD BUSINESS ZONE
Shall mean the total interior living area of a principal building, including the area occupied by stairs and stair towers in single-family dwellings. Decks, exterior stairs, porches, and balconies that may have a roof but are not enclosed. Stairwells and elevator shafts shall not be considered to be part of the habitable building area.
BUILDING AREA, NONHABITABLE
Shall mean:
1. 
An attic and enclosed, unfinished area located below BFE including building access, carport, crawlspace, elevator, private residential garage, stairwell and storage room, and
2. 
Unenclosed exterior living areas of a building, such as porches, decks and balconies. Although not enclosed, these elements may have a roof.
BUILDING COVERAGE (EXCEPT FOR THE GARDENS R-1 NEIGHBORHOOD ZONES)
Shall mean the percentage of a lot covered by the Habitable Building Area. The percentage is calculated by dividing the habitable building area by the lot area and multiplying by 100.
BUILDING COVERAGE (AS APPLIED TO ALL SINGLE-FAMILY DETACHED DWELLING UNITS IN THE GARDENS R-1 NEIGHBORHOOD ZONES)
Shall mean the percentage of a lot covered by all accessory and principal buildings, but excluding decks at the same and below the elevation of the first finished floor in the rear yard of waterfront lots, calculated as follows: Building Coverage = Building Area (plus the area of all decks at the same and below the elevation of the first finished floor for nonwaterfront lots) divided by Lot Area. Where a porch as defined herein, and in compliance with Subsection 25-300-16.1d is provided, up to two percent (2%) of the lot area may be excluded from building coverage for said porch.
BUILDING HEIGHT FOR ALL RESIDENTIAL USES REGARDLESS OF FEMA FLOOD ZONE DESIGNATION
Shall mean the vertical distance between the zoning flood elevation or lowest floor, whichever is lower, and the highest point of the primary (main) roof. For nonresidential uses, building height shall be defined as the vertical distance between the highest point of the primary (main) roof and the centerline elevation of the adjacent street. For corner lots, the street having the shortest lot dimension shall be considered the adjacent street.
BUILDING LINE
Shall mean a line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In the case of a cantilevered section of a building the vertical plane will coincide with the most-projected wall surface. In the case of roof lines which project beyond the outside walls of the building, the vertical plane will coincide with the most-projected point of the wall. All yard requirements are measured to the building line, in accordance with the schedules of this Ordinance.
BUILDING, PRINCIPAL
Shall mean a building in which is conducted the predominant use of the building site on which it is situated. In any residential district a dwelling shall be deemed to be the principal building.
BULK STORAGE
Shall mean the stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including, but not limited to sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.
BULKHEAD
Shall mean a structure separating land and water areas, primarily designed to resist earth pressures.
BULKHEAD LINE
Shall mean the line established on the maps titled "Official Bulkhead Line of Ocean City, N.J." dated October 12, 1971 and as amended.
CABANA
Shall mean a detached unheated accessory one-story structure which may contain a sink, shower and toilet (if elevation and applicable building codes permit) used as a dressing room or seasonal cooking area with storage of pool and/or recreational accessories.
[Added 12-12-2019 by Ord. No. 19-15]
CANOPY
Shall mean a permanent multi-sided roof-like cover constructed with a rigid frame that cannot be retracted, folded, or collapsed, attached to and projecting from a building.
CAPITAL IMPROVEMENT
Shall mean a governmental acquisition of real property and/or a major construction project as further defined in N.J.S.A. 40:55D-29.
CARPORT
Shall mean a roofed structure enclosed on not more than two (2) sides providing space for the parking of motor vehicles. Carport shall not be counted as a story.
CHANGE IN USE
Shall mean:
[Ord. #2016-26 § 1; amended 2-23-2023 by Ord. No. 23-02]
1. 
Any change from an industrial use to any other industrial use;
2. 
Any increase in the number of dwelling units in a structure;
3. 
Any change from any nonresidential use to any other use for which any standard set forth in this Ordinance is greater or more restrictive; i.e. parking requirements;
4. 
Any change from a residential use to any nonresidential use;
5. 
Any change in use from any existing or permitted use to any conditional use.
6. 
A change to any use, from a motel, hotel, rooming house, guest house, multi-family dwelling or other similar establishment.
7. 
Any change in the size, or increase or decrease in the number of rooms, units or apartments in a motel, hotel, rooming house, guest house, or multi-family dwelling or other similar establishments.
8. 
Any increase in the size or increase in the number of rooms, or units, or apartments in a Bed and Breakfast.
9. 
Exception to this "change in use" definition is a change in use from a Bed and Breakfast to a single-family home with no more than two (2) pre-existing and legally created ancillary and/or accessory apartments.
10. 
Exception to this "change in use" definition is the conversion of a triplex to a duplex or one-family dwelling.
CHURCH
Shall mean a building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this Ordinance, the word "church" shall include chapels, cathedrals, temples and similar designations, as well as parish houses, convents and such accessory uses.
CIRCULATION SYSTEMS
Shall mean structures and physical improvements used for the movement of people, water, air, sewerage or power by such means as streets, sidewalks, alleys, highways, railways, pipes and conduits, which may include terminal, stations, warehouses and other storage buildings or transshipment facilities.
CITY ENGINEER
Shall mean the licensed New Jersey Professional Engineer appointed by the Mayor in accordance with NJ State Law 40:55D to render engineering services and advice to the City.
CITY SURVEYOR
Shall mean the licensed New Jersey Professional Land Surveyor appointed by the Mayor to render surveying services and advice to the City, including maintenance and certification of tax maps, pursuant to N.J.S.A. 45:8-36, -41, and -43; N.J.S.A. 46:23-9-2 and N.J.S.A. 40:50-9 and N.J.S.A. 313:40-5.1.
CLINIC
Shall mean an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians practicing medicine together.
CLUB
Shall mean a building or portion thereof or premises owned or operated by a corporation, association, person or persons for social, educational or recreational purposes, but not primarily for profit or to tender a service which is customarily carried on as a business.
COAH
Shall mean the New Jersey Council of Affordable Housing.
COASTAL AREA FACILITIES REVIEW ACT (CAFRA) PERMIT
Shall mean a permit used for specific development within the coastal area of New Jersey in accordance with N.J.S.A. 13:19 et seq. and in accordance with rules and regulations promulgated thereunder in the New Jersey Administrative Code (N.J.A.C.) 7:7D-1.0 et seq.
COASTAL COTTAGES
Shall mean an area with a specified minimum contiguous area of fifteen thousand (15,000) square feet and one hundred fifteen (115) feet of depth developed as fee simple parcels according to a plan containing detached single-family dwellings and a common open space area as an appurtenance.
COASTAL WETLAND
Shall mean the lands designated by the New Jersey Wetlands Law (N.J.S.A. 13:9A-1 et seq.).
COLLECTOR STREETS OR ROADS
Shall mean a roadway so designated on the Circulation Plan Element of the Master Plan.
COMMERCIAL VEHICLE
Shall mean any motor vehicle which is required by law to bear any license plate other than that issued for passenger car use or motorcycle use. Also, any motor vehicle which by reason or characteristic coloring, or marking exceeding one (1) square foot in area, is identified or commonly associated with any business, industry or public agency shall be considered a commercial vehicle within the meaning of this Ordinance. A passenger car used in business by a resident shall not be considered a commercial vehicle if it does not conflict with the above definition thereof.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Shall have the same meaning as defined in N.J.S.A. 40:55D-66.2.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Shall have the same meaning as defined in N.J.S.A. 40:55D-66.2.
COMPLETE APPLICATION
Shall mean an application form completed as specified by Ordinance and the rules and regulations of the municipal agency and all accompanying documents required by Ordinance for approval of the application for development.
CONDITIONAL USE
Shall mean 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 Ordinance, and upon the issuance of authorization therefor by the Planning Board.
CONTIGUOUS LANDS
Shall mean lands that abut each other.
COUNTY MASTER PLAN
Shall mean a composite of the Master Plan for the physical development of Cape May County with the accompanying maps, plates and charts as well as the descriptive and explanatory matter adopted by the Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD
Shall mean the Planning Board of Cape May County as defined in N.J.S.A. C.40:27-6.1.
COURTYARD
Shall mean an area which is bounded by three (3) or more attached building walls.
CRAWL SPACE
Shall mean a nonhabitable space between the top of the lowest habitable floor and the floor or ground below, which permits access to pipes, ducts, and wiring. A crawl space shall not be considered a story. Egress windows, egress doors, plumbing fixtures, telephone and cable connections shall not be permitted in a crawl space.
CURB CUT
Shall mean a break or depression in the curbing adjacent to a street.
CURB GRADE
Shall mean the officially established grade of the curb in front of the midpoint of the lot.
DAYS
Shall mean calendar days.
DECK
Shall mean an open and uncovered floor elevated or raised eighteen inches (18") or more above ground level and constructed of any material capable of supporting the intended load levels. Second floor decks shall not be considered a roof for a first floor deck.
DECORATIVE ARCHITECTURAL RAILING
Deck or porch railing with distinct decorative architectural properties. Examples of decorative railings include but are not limited to Gingerbread, Chip and Dale, Cable Rail, Craftsmen, and Prairie Style railings. Vertical spindle railings do not meet the definition of Decorative Architectural Railing. Painting or changing the color of standard spindle railing does not qualify as Decorative Architectural Railing.
[Ord. #2016-14 § 1]
DECORATIVE CUPOLA
Shall mean an ornamental, nonhabitable rooftop structure that is not used for any purpose other than as an architectural embellishment or as static ventilation, having an area not greater than three percent (3%) of the horizontal area of the roof covering the enclosed portion of the building.
DENSITY
Shall mean the permitted number of dwelling units per gross area of land to be developed.
DESIGN STUDIO
Shall mean a workplace for designers and artisans engaged in conceiving, designing and developing new products or objects. Facilities in a design studio may include clothes, furniture art equipment best suited for design work and extending to work benches, small machines, computer equipment, paint shops and large presentation boards and screens.
[Added 12-12-2019 by Ord. No. 19-15]
DETENTION BASIN
Shall mean an area whose invert is below adjacent ground and is utilized for the temporary storage of stormwater runoff. The basin usually has an inlet pipe(s) and always has an outlet.
DEVELOPER
Shall mean the legal or beneficial owner or owners of a lot or of any land together with any improvements thereon shown to be included in proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such lands. Developer shall also mean an individual, person, partnership, association, company or corporation that is improving real property by the construction of two (2) family, multi-family or commercial units.
DEVELOPMENT
Shall mean division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure; or of any mining, excavation or land fill, any use or change in the use of any building, structure or land, or the extension of use therein, for which approval is required pursuant to this Ordinance and N.J.S.A. 40:55D-1 et seq.
DEVELOPMENT FEES
Shall mean money paid by an individual person, partnership, association, company or corporation for the improvement to real property as permitted in COAH's rules, and set forth herein.
DEVELOPMENT PERFORMANCE STANDARDS
Shall mean a method or procedure utilizing performance standards as contained in this Ordinance, combined with basic standards that will determine the suitability and/or eligibility of a particular site for development under this Ordinance.
DEVELOPMENT REGULATION
Shall mean a regulation governing the use and development of land within the City of Ocean City, including this Ordinance, or other municipal regulations or amendments thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
DISCRETE NEIGHBORHOOD
Shall mean an area in the City with characteristics that distinguish it from other areas and that may include distinct ethnic or economic characteristics, housing types, street layout, lot size, schools, or boundaries defined by physical barriers or natural features.
DORMER
Shall mean a secondary element that projects from a sloping roof that contains a window.
DRAINAGE
Shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development, 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 non-point 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 and the prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
Shall mean the land required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse to provide for "drainage" as defined above.
DUPLEX.
See definition of "Dwelling, Two-Family."
DWELLING
Shall mean any structure or portion thereof which is designed or used for residential purposes.
DWELLING, MULTI-FAMILY
Shall mean a dwelling containing three (3) or more dwelling units.
DWELLING, ONE-FAMILY
Shall mean a detached building which includes one (1) kitchen, internal stairs connecting all floors within the building, and designed for and occupied exclusively by one (1) or more persons living as a single, nonprofit housekeeping unit.
DWELLING, TWO-FAMILY
Shall mean a single structure which contains two (2) dwelling units which are entirely separated and physically connected by common unpierced vertical walls or horizontal floors. Each dwelling unit shall be provided with an independent means of ingress/egress directly to the outside.
DWELLING UNIT
Shall mean any room or group of rooms located within a dwelling forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one (1) family or housekeeping unit.
ELEVATED BUILDING
Shall mean a non-basement building (i) built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the base flood elevation by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In areas of coastal high hazard "elevated buildings" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
[Ord. #14-23 § 1]
ENTERTAINMENT FACILITY
Shall mean any public or private establishment providing entertainment, including an indoor theater; dinner theater; museum (including interactive museum); auditorium.
EQUALIZED ASSESSED VALUE
Shall mean the value of property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
ESCROW REVIEW FEE
Shall mean a fee payable to the City of Ocean City in accordance with § 1300 which constitutes an estimate of all necessary and reasonable costs to be incurred by the City.
ESSENTIAL SERVICES
Shall mean the erection, construction, alteration or maintenance by public utilities, municipal or other governmental agencies, of the underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, main drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utility or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings, transmission towers or reception towers.
EXCAVATION
Shall mean any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXTENDED STAY
Shall mean occupancy after September 20 and before June 20 greater than thirty (30) but no more than one hundred twenty (120) consecutive days in any one (1) year period occupied by the same person(s) who does not own the unit and who is not related to the unit owner.
FACADE
Shall mean the total wall surface, including the door and window areas of a building's principal face. In the case of corner buildings which front on more than one (1) street, only the front yard face shall be used to calculate the facade area.
FAMILY
Shall mean a group of two (2) or more persons living upon the premises as a separate housekeeping unit, or a collective body of persons living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, blood, marriage or other domestic bond or agreement.
FEMA
Shall mean the Federal Emergency Management Agency.
FENCE
Shall mean an artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
FENCE, OPEN
Shall mean a fence in which at least fifty percent (50%) of the area between grade level and the top cross member is open.
FILLING STATION
Shall mean any establishment serving motor vehicles with fuel, supplies and accessories but not major repairs.
FILTER BLANKET
Shall mean a layer of sand and/or gravel designed to prevent the movement of fine-grained soil.
FILTER STRIP
Shall mean a long, narrow vegetative planting used to retard or collect sediment for the protection of diversions, drainage basins or other structures.
FINAL APPROVAL
Shall mean the official action of the Planning Board or Zoning Board of Adjustment taken on an approved preliminary plat of a major subdivision or site plan presented to either the Planning Board or Zoning Board of Adjustment after all conditions of preliminary approval have been met and after the required improvements have been installed or guarantees for their installation have been properly posted.
FINAL PLAT
Shall mean the 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 proper County recording officer.
FINISHED GRADE
Shall mean the proposed elevations of the land surface of a site after completion of all site preparation work related to the proposed use for which approval under or pursuant to this Ordinance is required. In relation to zoning flood elevation, finished grade shall be the average of four (4) representative spot elevations adjacent to the building foundation taken by a New Jersey Professional Licensed Surveyor. (Finished grade is not to be used to determine the need for flood vents as may be required per NFIP).
FLOATING HOME
Shall mean a structure buoyed up by water, not considered to be a vessel by the U.S. Coast Guard, containing a superstructure resembling a house and used as a residence.
FLOOR AREA, COMMERCIAL
Shall mean the floor area available for commercial (retail) activities, including a restroom, excluding stairwells, elevator shafts, equipment rooms, storage rooms, utility rooms, interior vehicular parking and loading areas.
FLOOR AREA, GROSS
Shall mean the sum of the gross horizontal areas of the floors of the building, or buildings, measured from the exterior faces of exterior walls, or from the centerline of walls separating two (2) buildings. In particular, the gross floor area of the building shall not include:
1. 
Elevator shafts and stairwells;
2. 
Basement space;
3. 
Floor space used for mechanical equipment with structural headroom of seven feet six inches (7'6") or less;
4. 
Interior balconies or mezzanine;
5. 
Decks and porches;
6. 
Accessory water tanks and cooling towers which project above a main roofline;
7. 
Uncovered steps;
8. 
Terraces, breezeways and open spaces; and
9. 
Accessory off-street loading berths up to two hundred percent (200%) of the amount demanded by the scheduled requirements. Space utilized for off-street parking shall be included in the calculation of gross floor area.
FLOOR AREA RATIO (FAR)
Shall mean all habitable building area in a principal structure divided by the lot area. For purposes of FAR, habitable building area includes all enclosed interior spaces (except for attics) located on lowest floor at or above the Zoning Flood Elevation. The value in the FAR numerator shall be the area (in square feet) established by measuring from the exterior faces of exterior walls and shall include all habitable building area having a floor to ceiling joist height of seven feet (7') and greater. Detached accessory structures such as garages and sheds, and nonhabitable building area are not included in the calculation of floor area ratio.
FOYER
Shall mean the main entry hall in a dwelling unit. A dwelling unit may have one (1) foyer.
FUNERAL HOME OR MORTUARY
Shall mean a funeral home or mortuary operated by a licensed mortician in accordance with N.J.S.A. 27:23-1 et seq. A funeral home or mortuary shall not be considered a home occupation or a professional office. (See Conditional Uses.)
GARAGE, DETACHED
Shall mean a structure that is not attached to any other building, that is accessory to a residential building, providing space for the parking of motor vehicles.
GARAGE, PARKING
Shall mean a garage used primarily for the parking and storing of vehicles owned by the general public.
GARAGE (PRIVATE RESIDENTIAL)
Shall mean a building or space used as an accessory to the principal residential building which provides for the parking and storage of motor vehicles owned and operated by the residents thereof, and in which no residential occupancy, occupation, business or other service for profit is conducted. A garage shall not be counted as a story.
GARAGE, PUBLIC
Shall mean any garage other than a private garage, available to the public, operated for gain, which is used for equipping, adjusting, storage, rental, repair, inspecting, greasing, washing, polishing or other cleaning and servicing of automobiles or other motor vehicles, including gasoline filling stations but shall not be construed to include motor vehicle showrooms for new or used vehicles.
GARDEN ARBOR
Shall mean an open structure with an open framed roof, often latticed, supported by latticework frame, posts or columns.
GOVERNING BODY
Shall mean the City Council of the City of Ocean City.
GRADE, EXISTING
Shall mean the existing undisturbed elevation of land, ground, and topography pre-existing or existing on a lot, parcel or tract of land at the time of the adoption of this Ordinance.
GRADE, FINISHED
Shall mean the completed surface of lawns, walks and roads brought to the grade(s) as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.
GRADING
Shall mean any stripping, cutting, filling, stockpiling or any combination thereof and shall include the land in its cut or filled condition.
GUEST HOUSE
Shall mean an establishment, structure or business licensed by the City of Ocean City and the New Jersey Department of Community Affairs to rent habitable rooms or apartments on a limited tenure basis where housekeeping services are provided on a scheduled basis to occupants.
HABITABLE SPACE
Shall mean interior space which has a clear floor-to-ceiling height of not less than seven feet six inches (7'6") for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. If the clear floor-to-ceiling height is less than seven feet six inches (7'6"), the area may not be used as habitable space unless it was legally built prior to 1994.
HALF-STORY
Shall mean the uppermost floor integrated into a pitched roof designed in compliance with § 25-300.16.
HALF-STORY (AS APPLIED TO ALL SINGLE-FAMILY DETACHED DWELLING UNITS IN THE GARDENS R-1 NEIGHBORHOOD ZONES)
Shall mean the uppermost floor integrated into a sloping (minimum 4 in 12 pitch) roof designed in compliance with the standards contained in Subsection 25-300.16.1. (See Subsection 25-300.16.1 for design standards.)
025--Image-1.tiff
HAZARDOUS MATERIALS
Shall mean material including, but not limited to, inorganic mineral acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and cresols, and their salts; petroleum products; and radioactive materials.
HEDGE
Shall mean any boundary or barrier formed by vegetation that will be closely-growing when mature, established naturally or planted.
HIGH WATER LINE
Shall mean a line showing the upper inland wetlands boundary (a biological "high water line") on a series of maps prepared by the State of New Jersey Department of Environmental Protection in accordance with the provisions of "The Wetlands Act," N.J.S.A. 13:9 A-1 et seq., said line being established from photographs and each of these maps being on file in the Office of the Cape May County Clerk and the Ocean City Clerk's Office.
HISTORIC DISTRICT
Shall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE
Shall mean any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
HOMEOWNERS ASSOCIATION
Shall mean an incorporated, nonprofit organization operating under a recorded land agreement through which: (a) each lot owner, condominium owner, stockholder under a cooperative development, or other owner of priority or interests in the project shall be a member; (b) each occupied dwelling unit is subject to a charge for proportionate share of the expenses for the organization activities and maintenance including any maintenance costs levied against the association or the City; and (c) each owner and tenant has a right to use a common property.
HOTEL OR MOTEL
Shall mean a facility offering accommodations to the general public for limited tenure lodging, and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities.
HOUSE BOAT
Shall mean a large, flat-bottom vessel not considered to be seaworthy, with a superstructure resembling a house, and used as a residence.
IMPERVIOUS SURFACE
shall mean any natural or man-made surface that does not permit the infiltration of water, including all principal and accessory buildings, decks, porches, driveways, sidewalks, patios and parking areas, constructed of gravel, crushed stone or crushed shells, brick pavers, asphalt or concrete, areas underlain with plastic sheeting, and other materials determined by the City Engineer. "Impervious surface" does not include retaining walls eight (8) inches or less in width below the cap; landscaped areas in a natural state, vegetated, or mulched with stone such as river rock over a porous weed barrier; and permeable pavers utilized for the required number of off-street parking spaces in accordance with Subsection 25-300.12.4j.
[Amended 6-11-2020 by Ord. No. 20-08[1]; 2-23-2023 by Ord. No. 23-02]
IMPERVIOUS SURFACE COVERAGE
Shall mean any natural or man-made surface that does not permit the infiltration of water, including all principal and accessory buildings, decks, porches, driveways, sidewalks, patios and parking areas, constructed of gravel, crushed stone or crushed shells, brick pavers, asphalt or concrete, areas underlain with plastic sheeting, and other materials determined by the City Engineer. "Impervious surface" does not include retaining walls eight inches or less in width below the cap; landscaped areas in a natural state, vegetated, or mulched with stone such as river rock over a porous weed barrier; and permeable pavers utilized for driveways and off-street parking spaces in accordance with § 25-300.12.4j of this Ordinance.
[Amended 5-11-2023 by Ord. No. 23-10]
INTERESTED PARTY
Shall mean (a) In a criminal or quasi-criminal proceeding arising out of this Ordinance, any citizen of the State of New Jersey; and (b) In the case of a civil proceeding arising out of or involving this Ordinance in any court or in any administrative proceeding under this Ordinance, any person, whether residing within or without the City of Ocean City, whose right to use, acquire or enjoy property is or may be affected by any action taken under this Ordinance, or whose right to use, acquire or enjoy property under this Ordinance or under any other law of this State or of the United States has been denied, violated or infringed by an action or failure to act under this Ordinance, N.J.S.A. 40:55D-1 et seq.
JUNKYARD
Shall mean any area and/or structure used or intended to be used in the operation of the business of selling, buying, storing, recycling or trading in used or discarded metal, glass, building materials, paper, cordage or any used disabled fixtures, vehicles or equipment of any kind. Junkyards are specifically prohibited in the City of Ocean City. Municipal owned or licensed facilities solid waste recycling and/or transfer stations which are designed to comply with the N.J. Solid Waste Management Act shall not be deemed to be junkyards and are exempted from the provisions of this Ordinance.
KENNEL
Shall mean any building or lot on which four (4) or more domesticated animals more than four (4) months of age are housed, bred, boarded, trained or sold for commercial purposes. Kennels are specifically prohibited in all zones except for municipally owned or licensed humane societies or animal shelters.
KITCHEN
Shall mean a room or part of a room used primarily for cooking and food preparation typically equipped with a stove, a sink with hot and cold running water, a refrigerator, cabinets, a microwave oven, a dishwasher and other appliances.
LAND
Includes improvements and fixtures on, above or below the surface.
LANDING
Shall mean an intermediate platform on a flight of stairs, or the area at the top or bottom of a staircase having an area not greater than thirty-six (36) square feet.
LAUNDRY
Shall mean an establishment providing washing, drying or dry-cleaning machines, or all three (3), on the premises for rental use to the general public for family laundering or dry-cleaning purposes.
LIMITED TENURE
Shall mean lodging accommodations on a temporary basis wherein the owner of said unit or an owner's guest is prohibited from occupying the unit or suite for more than thirty (30) days in any seasonal quarter (i.e. summer, fall, winter and spring) in any calendar year. Said temporary residence shall not be extended beyond thirty (30) days in any seasonal quarter by moving into another unit within the same establishment. The prohibition shall further provide, with the exception of an owner or an owner's guest occupying the unit during this thirty (30) day period, any users of the hotel unit shall pay no less than the market rental for the unit as determined by the management of the hotel. The season quarter shall be:
1. 
Summer — June 21 to September 20
2. 
Fall — September 21 - December 20
3. 
Winter — December 21 - March 20
4. 
Spring — March 21 - June 20
5. 
This limitation shall not apply to on-site housing for employees of the hotel or motel. Employee housing shall be designated.
LOADING SPACE
Shall mean an unobstructed, hard-surfaced area no part of which is located in any street, drive aisle, parking space, or public right-of-way and the principal use of which is for the standing, loading or unloading of trucks and trailers.
LOT
Shall mean 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.
LOT AREA
Shall mean an area of land which is determined by the limits of the lot lines bounding that area and is always expressed in terms of square feet, except for parcels adjoining the ocean, bay, lagoon or other water body, where lot area shall only include the area landward of the bulkhead line, or the mean high water line, whichever is most landward.
LOT, CORNER
Shall mean a parcel of land at the junction of and abutting on two (2) or more intersecting streets when the interior angle of the intersection does not exceed one hundred fifty (150) degrees from its side lot lines.
LOT DEPTH
Shall mean a mean horizontal distance between the front and rear lot lines measured perpendicular to the general direction of lot frontage. In the case of a street of undefined width, said lot line shall be assumed to parallel the centerline of the street at a distance of twenty-five feet (25') therefrom.
LOT FRONTAGE
Shall mean the horizontal distance of lot lines, or portions thereof, which are co-existent with a street right-of-way line.
LOT, INTERIOR
Shall mean any lot other than a corner lot.
LOT LINE
Shall mean any boundary of a lot.
LOT WIDTH
Shall mean the horizontal distance between the side lot lines measured at right angles to its depth, or in the case of any lot where the front and rear property lines are not of equal length, the arithmetic mean of the front and rear lot lines.
LOWEST FLOOR
Shall mean the lowest floor of the lowest enclosed area [including basement]. An unfinished or flood resistant enclosure, useable 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 non-elevation design requirements of 44 CFR Section 60.3.
[Amended 2-23-2023 by Ord. No. 23-02]
LOW INCOME HOUSEHOLD
Shall mean a household with a gross household income equal to fifty percent (50%) or less of the median gross household income for households of the same size within the County of Cape May as determined by the Council on Affordable Housing and set forth in N.J.A.C. 5:93 et seq., or subsequent rules and regulations.
MAINTENANCE GUARANTEE
Shall mean any security which may be accepted by the City of Ocean City for the maintenance of any improvements required under this Ordinance pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
MALL
Shall mean a covered walkway or public promenade lined with two (2) or more vendors or tenants dispensing goods for retail. The mall shall have a minimum width of thirty feet (30') with one (1) ten foot (10') clear exit between vendors. The minimum gross floor area for each tenant shall be determined by the number of employees in the shop at the ratio of thirty (30) square feet per employee.
MANUFACTURING
Shall mean the treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
MARINE ACTIVITIES
Shall mean any facilities or activity associated with fishing or boating, either for sport or for commercial gain.
MARQUEE
Shall mean any hood or permanent construction that projects from the wall of a building, usually above an entrance.
MASTER PLAN
Shall mean a composite of one (1) or more written or graphic proposals for the development of the City of Ocean City as set forth in and adopted pursuant to this Ordinance and N.J.S.A. 40:55D-28 and including any amendments thereto.
MAYOR
Shall mean the Chief Executive of the City of Ocean City.
MINI MALL.
See definition of "Mall."
MODERATE INCOME HOUSEHOLD
Shall mean a household with a gross household income of more than fifty percent (50%) but less than eighty percent (80%) of the median gross household income for households of the same size within the County of Cape May as determined by the Council of Affordable Housing and set forth in N.J.A.C. 5:93 et seq., or subsequent rules and regulations.
MOTEL
Shall mean a group of permanent structural units wherein sleeping accommodations are provided to transient guests and which are occupied for a sleeping purpose.
MUNICIPAL AGENCY
Shall mean the Municipal Planning Board or Board of Adjustment or the governing body of the City of Ocean City, when acting pursuant to this Act, and any agency which is created by or responsible to one (1) or more municipalities when such agency is acting pursuant to this Act.
MUNICIPAL LAND USE LAW
Shall mean N.J.S.A. 40:55D-1 et seq. (Chapter 219 Laws of New Jersey, 1975 as amended).
MUNICIPAL USES
Shall include, but not be limited to, City sponsored affordable housing.
MUNICIPALITY
Shall mean the City of Ocean City.
N.J.S.A.
Shall mean New Jersey Statutes Annotated.
NONCONFORMING LOT
Shall mean a lot of record existing at the date of passage of this Ordinance, the area or dimensions of which were lawful at the time the lot was created but fails to conform to the requirements of the zoning district in which it is located.
NONCONFORMING STRUCTURE
Shall mean a structure the size, dimension or location of which was lawful at the time constructed but fails to conform to the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of the zoning provisions of this Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONREFUNDABLE APPLICATION FEE
Shall mean a fee payable to the City of Ocean City in accordance with § 1300 which is not refundable to the applicant whether the application is heard, not heard or withdrawn. Said nonrefundable application fee is intended to cover the City's in house cost such as but not limited to:
1. 
Legal advertising in accordance with the Open Public Meetings Act, P.L. 1974, Chapter 231.
2. 
Mailings.
3. 
Phone calls to the Planning Staff.
4. 
Review of application by staff for Completeness.
5. 
Copying expenses.
NURSING HOME
Shall mean an establishment licensed by the N.J. Department of Health which provides full-time convalescent or chronic care, or both, for individuals who are not related by blood or marriage to the operator and who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OCCUPANCY
Shall mean the specific purpose for which land or a building is used, designed or maintained.
OFFICIAL MAP
Shall mean a map adopted by Ordinance by the City Council pursuant to N.J.S.A. 40:55D-32 et seq.
OFF-SITE
Shall mean 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 the closest half of the street or right-of-way of which the lot is a part.
OFF-TRACT
Shall mean not located on the property which is the subject of a development application, nor on the closest half of the abutting street or right-of-way.
ON-SITE
Shall mean located on the lot in question.
ON-TRACT
Shall mean located on the property which is the subject of a development application or on the closest of an abutting street or right-of-way.
OPEN SPACE
Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space; which area shall be open to the sky on the same lot with a principal and/or accessory building, which space does not include required parking area, parking access areas and/or required buffer strips and side yards.
OPEN SPACE, COMMON
Shall mean an open space area within or related to a development site, designated and intended for the use and enjoyment of the residents and owners of the development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the use or enjoyment of the residents and owners of the development.
OPEN SPACE, PUBLIC
Shall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, County or State Agency, or other public body for recreation or conservation.
OWNER
Shall mean any individual, group of individuals, firm, association or corporation having equitable or legal title to the land sought to be developed.
PARAPET
Shall mean the extension of the main walls of a building above the roof level.
PARKING LOT
Shall mean an off-street area designed for parking five (5) or more passenger or other vehicles. On-site parking areas for one (1) and two (2) family dwelling units shall not be deemed to be parking lots.
PARKING SPACE
Shall mean an off-street space available for the parking of a motor vehicle, exclusive of access drives and aisles thereto required as part of an application for development, Zoning Permit, building permit or Certificate of Occupancy.
[Amended 2-23-2023 by Ord. No. 23-02]
PARTY IMMEDIATELY CONCERNED
Shall mean for the purpose of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice pursuant to N.J.S.A. 40:55D-12.
PATIO
Shall mean an unroofed level surfaced area directly adjacent to a principal building not more than eighteen inches (18") above grade measured from the average lot elevation along a line ten feet (10') from and parallel to the rear building line.
PERFORMANCE GUARANTEE
Shall mean any security which may be accepted by the City, including cash as specified in N.J.S.A. 40:55D-53.5.
PERGOLA
Shall mean a structure of regularly spaced posts or columns supporting of crossing rafters or trelliswork. Pergolas shall not be considered as building coverage or impervious coverage.
PERSON
Shall mean and include corporations, companies, associations, societies, firms, partnerships and joint stock companies, as well as individuals.
PET SHOP
Shall mean any building or structure, other than a kennel, where domesticated animals are kept or displayed for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.
PLANNING BOARD
Shall mean the Municipal Planning Board of the City of Ocean City established pursuant to N.J.S.A. 40:55D-23 of the Municipal Land Use Law.
PLAT
Shall mean a map or maps of a subdivision or site plan.
PLOT PLAN
Shall mean a plan view of a lot or subdivision on which is shown topography, location of existing and proposed buildings, structures, roads, rights-of-way, boundaries, essential dimensions and bearings, private and public utilities or existing drainage facilities and any other pertinent information required by this Ordinance, the Administrative Officer, the Planning Board or the Zoning Board of Adjustment.
PORCH
Shall mean a roofed area, open on two (2) sides that may be screened, attached to or part of a building with direct access to or from the building. (Refer to Subsection 25-204.27 and Subsection 25-300.16 of this Ordinance for design standards).
PORTE-COCHERE
Shall mean a porch roof projecting over a driveway at the entrance to a building.
PRELIMINARY APPROVAL
Shall mean the conferral of certain rights pursuant to the provisions of the Municipal Land Use Law and this Ordinance, prior to final approval but after the specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Shall mean the architectural drawings prepared during the early introductory stages of the development of a plan which illustrate in schematic form its scope and relationship to its site and the immediate environs.
PRELIMINARY PLAT
Shall mean the preliminary map which indicates the proposed layout of a subdivision that is submitted to the Planning Board or Zoning Board for consideration and tentative approval and that meets the requirements of this Ordinance.
PRINCIPAL BUILDING OR USE
Shall mean a building or use in which is conducted the main or predominant use of the lot upon which said building or use is located. An accessory structure attached to a principal structure becomes a part of the principal structure and must adhere to all principal building requirements.
PRIVATE CLUB OR LODGE
Shall mean a building and related facilities owned or operated by a corporation, association or group of persons for social, educational or recreational purposes of members regularly paying dues, but not primarily for profit nor to render a service which is customarily carried on as a business.
PRIVATE PRE-SCHOOL NURSERY
Shall mean a day care, training and socializing center for six (6) or more preschool or kindergarten children supervised by adults, housed within a private residence, or a portion of such residence, on a privately owned lot.
PROFESSIONAL OFFICE
Shall mean the office of a member of a recognized profession.
PUBLIC AREAS
Shall mean (a) public parks, playgrounds, trails, paths and other recreational areas; (b) other public open spaces; (c) school sites and other public buildings and structures; (d) scenic and historic sites.
PUBLIC DEVELOPMENT PROPOSAL
Shall mean a Master Plan, Capital Improvements program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAY
Shall mean the land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or land required along a natural stream or watercourse for preserving the biological as well as the drainage functions of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen non-point pollution.
PUBLIC IMPROVEMENT
Shall mean any improvement, facility or service together with its associated public site or right-of-way necessary to provide transportation, drainage, utility, energy or similar essential services, including but not limited to, streets, drives, sidewalks, walkways, and other vehicular and pedestrian circulation systems together with customary improvements and appurtenances such as signaling, curbs and gutters, shade trees and landscaped buffers or parkways and street furniture; facilities incidental to public transportation systems such as loading zones, turnarounds, passenger waiting areas protected from inclement weather and pedestrian linkages between loading areas and activity areas; storm sewers and appurtenances, drainage way culverts, flood control basins and devices, retention and detention basins or areas to control storm runoff, erosion and sediment control structures, devices and facilities; water supply and distribution facilities and appurtenances, public utility facilities and appurtenances both for domestic use and for fire protection; sanitary sewage disposal and treatment facilities and appurtenance for gas, electric, TV and telephone service, and facilities and appurtenances for the production, conversion, distribution and storage of energy necessary for essential residential, resort and commercial uses permitted by Ordinance.
PUBLIC OPEN SPACE.
See definition of "Open Space (Public)."
PUBLIC POTABLE WATER SUPPLY
Shall mean a municipal or privately owned water supply approved by the New Jersey State Department of Health under the provisions of N.J.S.A. 58:1-10 and 11 which is distributed to consumers through a public water supply system.
PUBLIC SITE OR RIGHT-OF-WAY
Shall mean an area devoted to or planned for use as a public park; a public school; a Federal, State, County or City building or facility site; another public use or facility or a right-of-way or easement for a street, transportation corridor, utility corridor, waterway or drainage way owned or controlled by a government agency.
PUBLIC WATER SUPPLY SYSTEM
Shall mean a municipal or privately owned system comprising structures which, operating alone or with other structures, result in the derivation, conveyance, transmission or distribution of water for domestic purposes to consumers in twenty (20) or more dwellings: this definition does not include a public water treatment plant.
QUADRUPLEX
Shall mean a single structure consisting of four (4) separate dwelling units.
QUASI-PUBLIC
Shall mean facilities operated by cemetery associations, veterans' organizations, and other institutions of similar type, but not necessarily belonging to the aforementioned classes, which are financed in whole or in part by public funds. In addition, quasi-public facilities include those operated by nonprofit institutions or organizations which are operated by persons, or groups of persons, for a public purpose but with only limited public control or accessibility.
QUORUM
Shall mean the majority of the full authorized membership of a municipal agency.
RECREATION, ACTIVE
Shall mean an indoor or outdoor facility designed and equipped for the conduct of sports and leisure time activities. Examples include swimming pools, tennis courts, playgrounds, health and exercise facilities, bowling alley, miniature golf courses, roller and ice skating rinks, sports fields, water parks.
RECREATION, PASSIVE
Shall mean a place such as a park or open space.
RECYCLING AREA
Shall mean a space allocated for collection and storage of source separated recyclable materials.
RENOVATION.
See definition of "Alteration."
RENTAL MANAGEMENT SERVICE
Shall mean an entity that manages property rentals capable of providing the following services: reservations, check-in/check-out, marketing, housekeeping, emergency, maintenance and guest services.
RESOURCE PROTECTION
Shall mean any natural area or feature containing natural resources protected by this Ordinance, where improvement and/or alteration may be restricted or prohibited or where conservation is required. Resource protection areas may include flood plains, natural drainage areas, water courses, ponds, lakes, stream corridors, riparian lands, wetlands, marshlands, wildlife habitats, archeological sites, and tideland areas.
RESTAURANT
Shall mean any establishment, however designated, where food is sold for consumption on the premises. However, a snack bar at a public or community playground, playing field, park or swimming pool, operated for the convenience of patrons of the facility, shall not be deemed to be a restaurant for purposes of this Ordinance.
RESTAURANT, FAST FOOD
Shall mean an establishment where patrons are served prepared food, soft drinks, ice cream and similar confections at drive-in windows in addition to other sit down accommodations provided indoors.
RESUBDIVISION
Shall mean (a) the further division or relocation of lot lines of any lot or more lots within a subdivision previously made and approved or recorded according to law; or (b) the alteration of any streets or the establishment of any new street within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RETAIL SALES
Shall mean 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.
RETAIL SERVICES
Shall mean establishments providing services, as opposed to products, to the general public for personal or household use, including personal service shops.
RETAINING WALL
Shall mean, unless otherwise specified as part of subdivision or site plan application, a structure more than eighteen inches (18") high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level. Logs, railroad ties and other floatable materials shall not be used as or in the construction of retaining walls.
REVETMENT
Shall mean a facing of stone, concrete, etc. built to protect a scarp, embankment, or shore structure against erosion by wave action or current.
RIDGE LINE
Shall mean the intersection of two (2) roof planes forming the highest horizontal line of the roof.
RIGHT-OF-WAY LINE
Shall mean that boundary line which determines the limit of the street, either existing or proposed.
RIPARIAN LANDS
Shall mean those tidal lands of the State of New Jersey which are now or were formerly flowed by mean high water.
RIP-RAP
Shall mean broken rock, cobbles or boulders placed on earth surfaces, or on the face of a dam or the channel of a stream, for protection against the action of water.
ROOF
Shall mean the permanent, solid exterior surface covering any portion on the top of a building. The top of a Pergola shall not be considered a roof.
ROOF DECK
Shall mean a flat, open and uncovered platform above the highest habitable floor.
ROOF EAVE
Shall mean 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.
ROOF EAVE (AS APPLIED TO ALL SINGLE-FAMILY DETACHED DWELLING UNITS IN THE GARDENS R-1 NEIGHBORHOOD ZONES)
Shall mean the underside of the projecting lower edge of the end of the roof rafter that overhangs the wall of the building. (See Subsection 25-300.16 for supplemental design standards).
ROOF, FLAT
Shall mean a roof, the surface of which is generally parallel to the ground, with less than eighty percent (80%) of its projected horizontal area at a slope less than four (4) in twelve (12).
ROOF, GAMBREL
Shall mean a gabled barn-style roof with a change in slope partway up the roof with the lower slope steeper than the upper.
ROOF, MANSARD
Shall mean a roof with two (2) slopes on each of four (4) sides, the lower steeper than the upper. For purposes of this Ordinance, mansard roofs shall be considered flat roofs.
ROOF, MANSARD (AS APPLIED TO ALL SINGLE-FAMILY DETACHED DWELLING UNITS IN THE GARDENS R-1 NEIGHBORHOOD ZONES)
Shall mean a roof with two (2) slopes on each of four (4) sides, the lower slopes steeper than the upper slopes. Mansard roofs shall be considered flat roofs. (See Subsection 25-300.16 for design standards.)
ROOF, PITCHED
Shall mean any roof with eighty percent (80%) or more of its projected horizontal planes (areas) constructed at slopes equal to or greater than four (4) in twelve (12). All other roofs shall be flat roofs.
ROOMING HOUSE
Shall mean a dwelling where only lodging is provided for compensation for one (1) or more persons, who are not transients, by prearrangement for definite periods.
SATELLITE HOTEL
Shall mean a facility built as an annex to and under the same management as an existing hotel located within the Hospitality Zone which offers accommodation to the general public for temporary stays. The satellite hotel provides a 24-hour reception, and can range from budget to deluxe, with rooms ranging from studio (one room that can be used as living area and sleeping area, a kitchenette and a separate bathroom), to two- or three-bedroom units, offering a separate living area, a kitchen, one or more bathrooms and separate bedrooms. Satellite hotels may offer complementary services, such as restaurants and shops.
SCHOOL
Shall mean a public, parochial elementary, private or secondary educational institution offering a diploma or degree, subject to regulations prescribed by the New Jersey Department of Education, supported in whole or in part by public funds and nonprofit quasi-public agencies. The term "school" also includes colleges operated by the State of New Jersey, its political subdivisions or agencies.
SCREENING
Shall mean any concentration or grouping of trees or shrubbery and/or architectural feature as may be required by this Ordinance or the Municipal Agency as part of subdivision, site plan, variance or permit approval.
SEDIMENTATION
Shall mean the disposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SEDIMENT BASIN
Shall mean a depression formed by the construction of a barrier or dam built at a suitable location to retain rock, sand, gravel, silt or other material in solution.
SENIOR CITIZEN HOUSING
Shall mean an age-restricted, independent housing where communal facilities and services such as housekeeping, organized social and recreational activities, transportation services and other support facilities and services appropriate for the elderly are provided. Such housing may include detached dwelling units, attached dwelling units and apartments, in which at least one (1) resident per dwelling unit is fifty-five (55) or older.
SETBACK
Shall mean the horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines.
SHED
Shall mean an accessory building not larger than one hundred (100) square feet in size used for the storage of incidental items.
SHOPPING CENTER
Shall mean two (2) or more commercial establishments on one (1) property, managed as a unit, and providing retail goods and personal services.
SIGHT TRIANGLE
Shall mean the triangular area intended to remain free of visual obstructions to prevent potential traffic hazards formed by two (2) intersecting street lines or the projection of such lines located a designated distance from the intersection of the street lines.
SIGN
Shall mean a name, identification, description, display or illustration which is affixed to, printed or represented directly or indirectly upon, a building, structure or parcel of land, which directs attention to a person, institution, organization, activity, place, object, product or business.
SIGN, NONCONFORMING
Shall mean a sign lawfully erected and maintained prior to the adoption of the current ordinance that does not conform with the requirements of the current ordinance.
SITE
Shall mean any plot, parcel or parcels of land to be developed.
SITE PLAN
Shall mean a development plan of one (1) or more lots on which is shown (a) the existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, flood plains, marshes, waterways, (b) 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, screening devices, and (c) any other information that may be reasonably required in order to make an informed determination pursuant to the site plan requirements of this Ordinance.
SITE PLAN, MAJOR
Shall mean any site plan not classified as a minor site plan.
[Added 12-12-2019 by Ord. No. 19-15]
SITE PLAN, MINOR
Shall mean a development plan of one (1) or more lots which (a) proposes exterior facade alterations and/or new building construction and/or building additions which do not exceed one thousand (1,000) square feet of gross floor area, or ten percent (10%) of the gross floor area of the existing building, whichever is greater; (b) proposes new building construction and/or building additions and/or building alterations to at least three (3) but not more than nine (9) dwelling units; (c) does not increase parking requirements of a proposed development by more than twenty (20) spaces or increase the existing parking by more than twenty percent (20%), whichever is greater; (d) does not involve planned development, any new street or the extension of any off-tract improvement; (e) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met; or (f) involves a change to any use from a motel, hotel, rooming house, guest house, multi-family dwelling or other similar establishment, or (g) any change in the size, or increase or decrease in the number of rooms, units, or apartments in a motel, hotel, rooming house, guest house, multi-family dwelling, or other similar establishment; (h) any increase in the size or increase in the number of rooms, or units or apartments in a Bed and Breakfast; (i) exception to any site plan review requirement is a change in use from a Bed and Breakfast to a single-family home with no more than two (2) pre-existing and legally created ancillary and/or accessory apartments.
SOIL
Shall mean all consolidated mineral and/or organic material of any origin.
SOIL CONSERVATION DISTRICT
Shall mean the Cape Atlantic Soil Conservation District which encompasses the City of Ocean City organized in accordance with the provisions of Title 4 of the Revised Statutes of New Jersey.
SOIL EROSION AND SEDIMENT CONTROL PLAN
Shall mean a plan which indicates fully the necessary land treatment measures, including a schedule of the timing for the installation which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey Soil Conservation Council and administered by the Cape Atlantic Soil Conservation District in conformance with N.J.S.A. 40:55-120.
STAIRWELL
Shall mean an enclosed vertical shaft in a building with two (2) or more dwelling units, containing a flight or series of flights of steps and supporting structure providing access to one or more dwelling units within said building.
STANDARD OF PERFORMANCE
Shall mean standards, requirements, rules and regulations adopted by this Ordinance pursuant to N.J.S.A. 40:55D-65 (d) regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke, and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the City of Ocean City ordinances or by applicable Federal or State laws.
STANDARD SPECIFICATIONS
Shall mean the 2007 New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction as promulgated by the New Jersey Department of Transportation.
STORAGE ROOM
Shall mean a nonhabitable space where at least one-half (1/2) of the distance between the floor and ceiling joists is above the average grade of the adjoining ground, and where the distance between the floor and the ceiling joists is less than seven and one-half feet (7.5'). Where the vertical distance between the floor and the storage room ceiling joists is seven and one-half feet (7.5') or greater, the storage room shall be counted a story. Egress windows, plumbing, telephone and cable connections shall not be permitted in storage rooms.
STORAGE TRAILER
Shall mean a trailer or vehicle designed for or used for storage of goods or equipment.
STORY
Shall mean that portion of a building included between the ground, or the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between any floor and the ceiling above it, where the floor-to-floor joist or roof rafters height is greater than five feet (5'). If the top of the floor is below Base Flood Elevation (BFE), the room may not be used as habitable space unless the building was legally built prior to 1971. If the top of the floor is above BFE, the room must be considered as part of a story, except that an attic is not a story.
(Refer to definitions of Attic, Crawl Space, Garage (private residential), Half-Story).
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (a) which is an existing State, County or municipal roadway; or (b) which is shown on a plat heretofore approved by official action as provided by this Ordinance; or (c) which is approved by official action as provided by law; or (d) which is shown on a plat duly filed and recorded in the Office of the County Clerk prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may include pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For purposes of this definition, the public boardwalk of the City of Ocean City shall be considered a pedestrian right-of-way and street.
STREET LINE
Shall mean that boundary line which determines the limit of the right-of-way, whether existing or proposed.
STRUCTURE
Shall mean a combination of materials to form a construction for occupancy, ornamentation or use whether installed on, above, or below the surface of a parcel of land.
SUBDIVISION
Shall mean the division of a lot, tract or parcel of land into two (2) 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 Ordinance, if no new streets are created: (a) divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size; (b) divisions of property by testamentary or intestate provisions; (c) divisions of property upon court order, including, but not limited to, Judgments of Foreclosure; (d) consolidation of existing lots by deed or other recorded instrument; and (e) the conveyance of one (1) 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 Ocean City Zoning and Land Development Regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map of the City of Ocean City. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MAJOR
Shall mean any subdivision not classified as a minor subdivision.
SUBDIVISION, MINOR
Shall mean a subdivision of land that (1) does not involve the creation of more than three (3) lots fronting on any existing State, County or municipal street; (2) does not involve any new street or the extension of municipal facilities; (3) does not involve planned development; (4) does not involve the extension of any off-tract improvements.
SUN CANOPY
Shall mean a freestanding accessory structure having a roof and no foundation, footing, utility connections, walls or side enclosure of any type.
[Ord. #14-29 § 1]
SURVEY
Shall mean the process by which a parcel of land is measured and its boundaries and contents ascertained; also a map, plat or statement of the result of such survey, noting the courses and distances and the quantity of the land.
SWIMMING POOL, ABOVEGROUND
Shall mean a water-filled enclosure, permanently constructed or portable, having a depth of more than thirty inches (30"), designed, used and maintained for swimming.
SWIMMING POOL, IN-GROUND
Shall mean a water-filled enclosure, permanently constructed, having a depth of more than eighteen inches (18") below the level of the surrounding undisturbed land, designed, used and maintained for swimming.
TEMPORARY TRAILERS
Shall mean a movable trailer or manufactured mobile office which is licensed by the Construction Official.
TOP PLATE
Shall mean the top horizontal member of a frame wall supporting ceiling joists, rafters, or other members.
025--Image-2.tiff
Top Plat
TOPSOIL
Shall mean the unconsolidated mineral and inorganic material on the immediate surface of the earth that serves as a natural medium for the growth of plant life.
TRACT
Shall mean an area of land consisting of one or more contiguous lots under single ownership or donator, used for development or for a common purpose. Tract is interchangeable with the words "development area," "site" and "property."
TRAILER
Shall mean a structure of vehicular, portable design built on a chassis and designed to be moved from one site to another and to be used with or without a permanent foundation, provided, however, that a boat trailer shall not be considered a trailer.
TRANSCRIPT
Shall mean a typed or printed verbatim record of the proceedings or the reproduction thereof.
TRANSIENT GUEST OR CLIENTELE
Shall mean a temporary occupant of a hotel or motel or rooming house. Transient guest or clientele shall not occupy a room or unit located within the same building or located on the same municipal tax lot for more than one hundred twenty (120) consecutive days and shall not occupy such room or unit for more than two hundred (200) days in any three hundred sixty-five (365) day period.
TRIPLEX
Shall mean a single structure consisting of three (3) separate dwelling units.
UNIFORM CONSTRUCTION CODE (UCC)
Shall mean the official Construction Code of the State of New Jersey adopted pursuant to N.J.S.A. 40A:12-27.
USE
Shall mean the specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE
Shall mean the official approval to depart from the literal requirements of the zoning standards of this Ordinance.
WAIVER
Shall mean the official approval to depart from the literal requirements of the design standards or application submission checklists of this Ordinance.
WETLANDS
Shall mean areas known as marine tidal marshes, swamps, or other lowlands subject to tidal action along the bay, or any area now or formerly connected to tidal waters, whose surface is at or below an elevation of one foot (1') above local extreme high water and on which vegetation unique to marine tidal marshes, swamps or lowlands has become adapted. This definition shall include, but is not limited to, all the mapped New Jersey State Wetlands in accordance with the Wetlands Act, N.J.S.A. 13:9A-1 et seq.; to wetlands defined in accordance with the New Jersey Coastal Development Policies, N.J.A.C. 7:7D-2.0 et seq.; NJDEP or by the U.S. Army Corps of Engineers.
YARD
Shall mean 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 Ordinance is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Ordinance.
YARD, FRONT
Shall mean an open, unoccupied space, extending the full width of the lot between any building and measured perpendicular to the building at the closest point to the front lot line.
YARD, REAR
Shall mean an open, unoccupied space, extending the full width of the lot and measured perpendicular to the building to the closest point to the rear lot line. For irregularly-shaped lots refer to Subsection 25-300.22.
[Amended 2-23-2023 by Ord. No. 23-02]
YARD, SIDE
Shall mean an open, unoccupied space, extending from the front yard to the rear yard between the building and the side lot line and measured perpendicular from the side lot line to the closest point of the building.
ZONING BOARD.
See "Board of Adjustment."
ZONING DISTRICT
Shall mean a portion of the territory of Ocean City within which certain regulations and requirements or various combinations thereof apply pursuant to the provisions of this Ordinance.
ZONING DISTRICT MAP OR ZONING MAP
Shall mean a map of the City of Ocean City containing districts within which certain regulations and requirements apply pursuant to the provisions of this Ordinance.
ZONING FLOOD ELEVATION (ZFE)
Shall mean BFE plus three (3') feet, except that:
Zoning Flood Elevation may be up to three feet (3') above finished grade within FEMA "A Zones" where base flood elevation is less than two feet (2') above finished grade, and where base flood elevation is below finished grade.
Zoning Flood Elevation for front-loaded-garage dwellings located on non-alley lots less than forty-five feet (45') wide where the lowest habitable floor is above the garage, the Zoning Flood Elevation shall be nine feet (9') above finished grade unless the above provisions result in a higher elevation requirement, in which case the higher elevation requirement applies. Buildings utilizing this exception and having a third habitable floor (excluding a half-story) shall set the third floor roof a minimum of five (5') feet behind the required minimum front building (as opposed to porch) setback.
Zoning Flood Elevation within FEMA "X" Zones shall be three feet (3') above the base flood elevation of the highest adjacent FEMA "A" Zone. However, this provision shall not apply in the case of substantial renovation or repair of a key or contributing property located in the Historic District where the height of the structure is not changed.
[Ord. #14-40; amended 2-23-2023 by Ord. No. 23-02]
ZONING OFFICER.
The position of Zoning Officer is hereby created. The salary of the Zoning Officer shall be set forth in the annual salary ordinance and the terms and conditions of employment shall be set forth in a Collective Bargaining Agreement in which the Zoning Officer is a member. Unless otherwise set forth herein, it shall be the duty and responsibility of the Zoning Officer to issue zoning permits and to otherwise enforce the provisions of this Ordinance in accordance with the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
ZONING PERMIT
Shall mean a document signed by the Zoning Officer which (1) is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, addition or conversion of a structure or building, and (2) which acknowledges that such use, structure or building complies with the provisions of this Ordinance or variance therefrom duly authorized by a Municipal Agency.
[Ord. #89-8, § 2; Ord. #89-22, § 1; Ord. #94-16, Appx. A; Ord. #96-21, § 1; Ord. #97-32, § 2; Ord. #99-13, § 1; Ord. #99-14, § II; Ord. #99-20, § 1; Ord. #00-05, § 1; Ord. #02-19; Ord. #02-29, § 1; Ord. #02-36, § 8; Ord. #03-12, § 1; Ord. #04-13, § 1; Ord. No.#04-29, § 1; Ord. #06-07, § 3; Ord. #07-26, § 1; Ord. #08-05, § 1; Ord. #08-08, § 1; Ord. #08-12, § 1; Ord. #09-11[2], § 1; Ord. #09-13, §§ 1,4; Ord. #09-28, §§ 1,12; Ord. #10-09, § 1; Ord. #11-10, § 9; Ord. #11-21, § 1; Ord. No. 12-19, § 2; Ord. #13-07, § 2; Ord. #13-12, § 2; Ord. #13-19, § 1; Ord. #13-24, § 5, 7, 10; Ord. No. 13-30; Ord. No. 13-32, § 4; Ord. #13-36, § 1; Ord. #14-04 § 1; Ord. #14-23 § 1; Ord. #14-29 § 1; Ord. #14-36 § 1; Ord. #14-40; Ord. #14-44 § 1; Ord. #2016-13 § 1; Ord. #2016-14 § 1; Ord. #2016-26 § 1; Ord. # 18-20 § 2]
[1]
Editor's Note: Ord. No. 20-08 also repealed the former definition of "impervious surface (as applied to all single-family detached dwelling units in the Gardens R-1 Neighborhood Zones)," which immediately followed this definition.
[2]
Editor's Note: Ordinance No. 09-11 which readopted Ordinance No. 08-08, shall take effect in the time and manner prescribed by law and shall be automatically repealed if not readopted on or before May 31, 2010.