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 BUILDING shall mean a building which is customarily associated with and subordinate and incidental to, a principal building, which is 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 as applied to a building or a structure, shall mean a change or rearrangement in the structural parts in existing facilities or an enlargement, whether by extension either laterally or vertically or by their relocation of all or a part thereof.
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. 40:5513-1 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.
ARCHITECTURAL PROJECTION shall mean an architectural feature that is differentiated from the main portion of a building by a minimum offset of five inches (5"). A cantilevered building section shall not be considered an architectural projection.
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 space between the ceiling beams of the top story and the roof rafters.
**Webmasters Note: The previous definitions, Administrative Officer through Attic, have been amended as per Supplement No. 2.
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.
AVERAGE ALIGNMENT shall mean a distance which is the total setback distance of all buildings within two hundred feet (200') on each side of the lot and within the same block and on the same side of the street, divided by the total number of buildings included within that distance.
AWNING shall mean a rooflike structure of canvas or similar plastic material stretched over a frame as a shelter from weather.
BALCONY shall mean a platform or similar structure projecting from the side of a building designed and intended and/or usable by the occupant.
BANNER shall mean a temporary sign printed on a piece of cloth, plastic or other pliable material (including but not limited to pennants and streamers) attached to an exterior building wall, hung between poles or any other vertical structure.
BASE FLOOD ELEVATIONS 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.
BED AND BREAKFAST shall mean an owner-occupied facility offering overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation.
BEDROOM shall mean a room or portion of a structure with the principal function of serving as sleeping quarters.
BILLBOARD shall mean a structure utilized for advertising an establishment, an activity, a product, a service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the said sign is located.
BLOCK shall mean the area between two (2) streets.
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.
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.
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 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 but excluding decks, and exterior stairs and balconies that may have a roof but are not enclosed. Interior 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-1 ZONE , shall mean the total interior living area of a principal building, excluding decks, exterior stairs, porches, and balconies that may have a roof but are not enclosed. Interior stairwells and elevator shafts shall not be considered to be part of the habitable building area.
BUILDING AREA, NONHABITABLE shall mean unenclosed exterior living areas of a building, such as porches, decks and balconies. Although not enclosed, these elements may have a roof.
BUILDING COVERAGE shall mean the percentage of a lot covered by the habitable building area of the principal building. The percentage is calculated by dividing the footprint of the principal building 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 25204.15.9d is provided, up to two percent (2%) of the lot area may be excluded from building coverage for said porch.
BUILDING HEIGHT shall mean the vertical distance between the highest point of the roof and the centerline of the adjacent street. For corner lots, the street which is faced by the smaller 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.
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.
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.
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 three (3) sides providing space for the parking of motor vehicles.
CHANGE IN USE shall mean:
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.
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.
**Webmasters Note: The previous definitions, Building Area, Habitable (Discrete Neighborhoods), excluding the Corinthian Neighborhood and Stenton Place Neighborhood through Clinic, have been amended as per Supplement No. 5.
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 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 space between the first habitable floor and the average level of the adjoining ground, which usually contains pipes, ducts, and wiring, permits access, and where the floor-to-ceiling height is not greater than four (4) feet. A crawl space shall not be considered a story.
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 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.
DETENTION BASIN shall mean an area whose invert is below adjacent ground and is utilized for the temporary storage of storm water 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.
**Webmasters Note: The previous definitions, Club through Development, have been amended as per Supplement No. 2.
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 ground water 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 water-course 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 and is designed for and is 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.
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.
ERECT shall mean to build, construct, attach, place, suspend or affix and shall include the painting of wall signs and the painting of signs or displays on the exterior surface of a building structure.
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 Section 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, wire 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.
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.
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, 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.
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 shall mean a building or space used as an accessory to the principal building which provides for the storage of motor vehicles and in which no occupation, business or other service for profit is conducted. A garage constructed as an integral component of the principal structure, shall be considered 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.
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 to temporary occupants or transients 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 under a sloping roof where the line of intersection of the roof and wall face does not exceed three feet (3') above the floor level and in which the floor area with headroom of five feet (5') or more does not exceed sixty percent (60%) of the area of the floor directly beneath. If the floor area of the upper floor exceeds sixty percent (60%), it shall be considered a full story. (See Figure 1 for single-family alley lot configuration)
HALF-STORY (AS APPLIED TO ALL SINGLE-FAMILY DETACHED DWELLING UNITS IN THE GARDENS R1 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 25-204.15.9.a.5. (See subsection 25-204.15.9.a.5 for design standards.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
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.
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 shall mean a building or group of buildings containing ten (10) rooms or more used or intended to be used for lodging of a transient clientele for compensation. At least seventy-five percent (75%) of the rooms of which have their principal entrance from an interior hallway common to more than two (2) rooms and in which common dining and recreation rooms, shops and service establishments may be provided as accessory uses.
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 manmade surface that does not permit the infiltration of water, including all principal and accessory buildings, decks, porches, swimming pools, driveways, sidewalks, patios and parking areas, constructed of gravel, crushed stone or crushed shells, pavers, asphalt or concrete, areas underlain with plastic sheeting, and other materials determined by the City Engineer. Permeable landscaped areas in a natural state, vegetated, mulched or landscaped with stone such as river rock over a porous weed barrier, shall not be counted as impervious surface.
IMPERVIOUS SURFACE (AS APPLIED TO ALL SINGLE-FAMILY DETACHED DWELLING UNITS IN THE GARDENS R-1 NEIGHBORHOOD ZONES) shall mean any natural or manmade surface that does not permit the infiltration of water, including all principal and accessory buildings, decks at the same and below the elevation of the first finished floor in the rear yard of waterfront lots, porches, swimming pools, driveways, sidewalks, patios and parking areas, constructed of gravel, crushed stone or crushed shells, pavers, asphalt or concrete, areas underlain with plastic sheeting, and other materials determined by the City Engineer. Permeable landscaped areas in a natural state, vegetated, mulched or landscaped with stone such as river rock over a porous weed barrier, shall not be counted as impervious surface.
IMPERVIOUS SURFACE COVERAGE shall mean the total area of all impervious surfaces on the lot divided by the lot area.
**Webmasters Note: The previous definitions, Garage, Public through Impervious Surface Coverage, have been amended as per Supplement No. 4.
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.
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.
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.
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.
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.
MUNICIPALITY shall mean the City of Ocean City.
MUNICIPAL LAND USE LAW shall mean N.J.S.A. 40:55D-1 et seq. (Chapter 219 Laws of New Jersey, 1975 as amended).
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 SIGN shall mean any sign which was created before the adoption of this Ordinance, or any sign for which a permit was lawfully issued prior to the adoption of this Ordinance, which does not conform to the regulations of this Ordinance. A nonconforming sign shall not be rebuilt or relocated without conforming to this Ordinance, nor shall a nonconforming sign be enlarged or changed in nature, purpose or type without conforming to this Ordinance.
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 Section 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.
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.
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 which, when required as part of an application for development or for a Zoning Permit, building permit or Certificate of Occupancy in the event of an alteration to an existing structure.
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.
PERSON shall mean and include corporations, companies, associations, societies, firms, partnerships and joint stock companies, as well as individuals.
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 three (3) sides, attached to a building with direct access to or from the building. A second floor deck shall not be considered a roof for a first floor porch.
PORCH (AS APPLIED TO ALL SINGLE-FAMILY DETACHED DWELLING UNITS IN THE GARDENS R-1 NEIGHBORHOOD ZONES) shall mean a roofed area (the roof having a minimum 4 in 12 pitch with no deck, living space or other use above, except the roof), a minimum six (6) feet in depth attached to a building with direct access to or from the building. A second floor deck shall not be considered a roof for a first floor porch. (See subsection 25-204.15.9.a.4 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.
**Webmasters Note: The previous definitions, Open Space through Professional Office, have been amended as per Supplement No. 4.
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 storm water 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 I1 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.
RECYCLING AREA shall mean a space allocated for collection and storage of source separated recyclable materials.
RENOVATION . See definition of "Alteration."
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 or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places, hotels, motels, finance, real estate, insurance, personal service, motion pictures, amusement, recreation services, health, educational, social services, museums and galleries.
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.
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 exterior surface and its supporting structures on top of a building, including garages, porches, sheds, gazebos and cabanas.
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 25-204.15.9.a.1 for supplemental design standards).
ROOF, GAMBREL (AS APPLIED TO ALL SINGLE-FAMILY DETACHED DWELLING UNITS IN THE GARDENS R-1 NEIGHBORHOOD ZONES) shall mean a gabled roof with two (2) slopes on each of two (2) sides, the lower steeper than the upper.
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 25-204.15.9.a.3 for design standards.)
ROOF PITCH 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) shall be a pitched roof. 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.
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 a business district consisting of an integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and theaters or auditoriums, housed in an enclosed building or buildings with party walls between each business use and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space and utilities and sanitary facilities.
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 AREA shall mean defined by the frame or edge of a sign. Where there is no geometric frame or edge, the area shall be defined by a projected, enclosed, four (4) sided (straight-lined) shape which most clearly outlines the sign elements.
SIGN, FLASHING shall mean any directly or indirectly illuminated sign which exhibited changing natural or artificial light or color effects by any means whatsoever.
SIGN, IDENTIFICATION shall mean any sign giving the name, logo, trademark or identifying symbol, and address of a building, business, development or establishment on the premises where it is located.
SIGN, ILLUMINATED shall mean a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
SIGN, ROOF shall mean a sign attached to a roof wall and/or columns of the building on which the entire advertising display is above the roof level.
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, 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, multifamily 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 a vertical shaft in a building containing a flight or series of flights of steps and supporting structure providing access to two (2) or more dwelling units located on separate levels 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 standard specifications for road and bridge construction as promulgated and revised by the New Jersey Department of Transportation.
STORAGE ROOM shall mean a space where at least one-half (1/2) of the floor-to-ceiling height is above the average grade of the adjoining ground and with a floor-to-ceiling height of not greater than five feet (5'). Where the vertical distance between the average level of the adjoining grade and the storage room ceiling is more than five feet (5'), the storage room shall be counted a story. Egress windows, egress doors, plumbing, telephone and cable connections shall not be permitted in storage rooms.
**Webmasters Note: The previous definitions, Shopping Center through Storage Room, have been amended as per Supplement No. 5.
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 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 or roof next above it. 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.
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.
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.
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.
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 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. 40:5513-1 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, §l; Ord. #00-05, §l; 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)
DEVELOPMENT shall mean the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure. (Ord. #88-45, 2)
ADDITION shall mean an extension or increase in building size, floor area or height of a building.
ADMINISTRATIVE OFFICER for the purposes of this Article, shall be the Construction Code Official.
ALTERATION as applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one (1) location or position to another.
APPLICATION shall mean a request to the Historic Preservation Commission completed on forms available from the Administrative Officer or the Commission, to review a proposal for addition, alteration, demolition or other work on any structure or property located in an historic district, for purposes of obtaining certification by the Commission that the application is acceptable in terms of the review standards set forth in this Article. Application shall include review on a development application, referral of a permit and any other request for Commission action.
APPLICATION, MINOR shall entail work the total cost of which does not exceed five hundred ($500.00) dollars.
DEMOLITION shall mean the partial or total razing, dismantling or destruction of any historic site or any improvement within an historic district.
HISTORIC DISTRICT shall mean one (1) or more historic sites and certain intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, as specifically designated in this Article.
HISTORIC SITE shall mean any real property, man-made structure, natural object, or configuration of any portion or group of the foregoing of historic, archaeological, cultural or architectural significance as specifically designated in this Article.
IMPROVEMENT shall mean any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction or installation.
INTEGRITY shall mean the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.
INTERESTED PARTY shall mean any person, whether residing within or without the City, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this Article, or whose rights to use, acquire, or enjoy property under this Article or under any other laws of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this Article.
INVENTORY shall mean a list of historic properties determined to meet specified criteria of significance.
MASTER PLAN shall mean the Master Plan of the City of Ocean City dated February 13, 1988, as the same may be amended from time to time.
NATIONAL REGISTER CRITERIA shall mean the established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.
NONCONTRIBUTING shall mean structures or improvements that detract from the significance of the district due to incompatible scale, massing, siting, and/or materials.
ORDINARY MAINTENANCE shall mean repair of any deterioration, wear, or damage to a structure, in order to return the same, as nearly as practicable, to its condition prior to the occurrence of such deterioration, wear, or damage with materials and workmanship of the same quality. Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, including signs, using materials and workmanship having the same appearance.
PERMIT shall mean any required City approval for exterior work to any structure or property in an historic district which exterior work will be subject to a public view, including, but not limited to, a Building Permit. Permit shall include but is not necessarily limited to a Building Permit, a Demolition Permit, a permit to move, convert, relocate or remodel or to change the use or occupancy of any structure or property in an historic district. Permit shall also include all exterior work subject to public view on fences, signs, porches, railing and steps for any structure or property in an historic district.
PRESERVATION shall mean the act or process of applying measures to sustain the existing form, integrity and vegetated cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.
PROTECTION shall mean the act or process of applying measures designed to affect the physical condition of a property by defending it or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.
RECONSTRUCTION shall mean the act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or any part thereof, as it appeared at a specific period of time.
REHABILITATION shall mean the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.
REPAIR shall mean any work done on an improvement that is not an addition and does not change the exterior appearance of any improvement, provided, however, that any such repairs must be done with materials and workmanship of same quality.
REMOVAL shall mean the partial or complete removal of a structure.
RESTORATION shall mean the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
STRUCTURE shall mean a combination of materials to form a construction for occupancy, use, or ornamentation whether installed on, above or below the surface of a parcel of land.
SURVEY shall mean the formal catalog of documented historic properties and sites determined to meet specified criteria entitled " " and adopted by the Commission and incorporated into the Master Plan of Ocean City.
UNDUE HARDSHIP : (1) With respect to commercial property, including property rented for residential use, the inability of the applicant to realize a reasonable return on the property without the proposed work; (2) With respect to property which is devoted to a not-for-profit purpose and is exempt from local property taxes, the inability of the applicant to carry out such purpose without the proposed work; and (3) With respect to owner-occupied residential property, the inability of the applicant to continue owner-occupied residential use without the proposed work. (Ord. #89-24; Ord. #93-2, S1)