Living quarters for the owner or manager of a commercial establishment.

A subordinate use or building customarily incident to, and located on the same lot with, a main use or building.

The Construction Official of the City of Cape May or his designated representative, subject to written approval of the City Manager. Such designated representative shall perform only those duties as are permitted by law.

A change or rearrangement in the structural parts or in the existing facilities, or an enlargement of a building or structure.

Any business that provides as its primary business (i.e., "arcades") the use of coin-operated amusement machines and devices operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill; provided, however, that nothing herein shall be deemed to prohibit the licensing of coin-operated machines in a single location, business or building where the use or business of the machines is a use-by-right.

Any building other than a hotel, motel, tourist/guest house offering dwelling units for rent primarily intended for permanent occupancy. For the purposes of this chapter, apartment house regulations and requirements are included within the designation of multifamily dwelling.

One or more dwelling units comprised of one or more rooms designed to provide complete self-contained living facilities including a private bath and kitchen facilities for one or more occupants above a commercial use.

A developer submitting an application for development.

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 of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-35.

The Planning Board of the City of Cape May unless a different agency is designated when acting pursuant to the authority of this chapter or the applicable state statutes.

In a marina, the water area consisting of fairways, channels, slips, docks, turning and maneuvering room in which the boats are moored.

The Zoning Board of Adjustment of the City of Cape May.

An organization or facility for persons using small sailboats or small trailerable boats, subject to the standards set forth in § 525-65.

A building or a group of buildings, including separate cabins or a row of attached, individual rooms, containing living and sleeping accommodations for transient occupancy with accompanying dock facilities or a combination of dock and parking facilities.

Typically, a technology to create a constant flow or circulation of water within a marina basin in order to eliminate or reduce the formation of ice.

A combination of materials to form a construction adapted to permanent or continuous occupancy and having a roof.

The area occupied by all of the buildings on a lot measured on a horizontal plane around the periphery of the foundation and included in the area under the roof of any structure supported by columns but not having any walls, as measured around the outside of the outermost extremities of the roof above the columns.

Any wall of a building having a major entrance onto a street or pedestrian walkway.

The vertical distance measured from the mean level of the crown of the road in front of the building to the highest point of, the roof deck for flat and mansard roofs or to the highest ridge line of pitched roofs. For pitched roofs, an additional five feet may be added to the maximum building height permitted in the zoning district in which the building is located, except in the R-4 Modified Medium-Density Residential District, which shall be governed exclusively by the provisions of § 525-17B(2) and in which district the maximum height of any building, including necessary appurtenances or common decorative features and regardless of roof style, shall not exceed 20 feet. "Pitched roofs" are defined as any roof with 80% or more of its projected horizontal planes (areas) constructed at slopes equal to or greater than four in 12. Maximum heights shall not prohibit necessary appurtenances or common decorative features exceeding those heights, except in the R-4 Modified Medium-Density Residential District, which shall be governed exclusively by the provisions of § 525-17B(2) and in which district the maximum height of any building, including necessary appurtenances or common decorative features and regardless of roof style, shall not exceed 20 feet. Height regulations are subject to the requirements of § 525-59D.

An established line within a property defining the minimum required distance between the face of any structure and an adjacent right-of-way, street line, or property line. This face as measured to the structure includes sun parlors, foyers, bay windows, porches, projecting eaves, dormers, gutters, steps, appurtenant structural and mechanical systems and any other solid projections and entrances. Roof eaves projections and gutters for principal structures shall be permitted to a maximum of 18 inches into any yard setback. Projections into front yard setbacks by entry stairs and landings shall be permitted and limited to five feet, provided that the entry stair and landing is less than 10 feet wide and principal building is currently conforming to the current front yard building setback requirements of the zoning district.

A structure separating land and water areas, primarily designed to prevent erosion and other damage due to wave or tidal action.

A governmental acquisition of real property or major construction project.

That portion of the street which is paved and which is used for vehicular travel.

A use involving the sale and/or rental of goods or the provision of services carried out for a profit.

A common open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. It may include such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development, for which a developer intends to prepare and submit an application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.

A use permitted in a particular zoning district only upon a showing that such use in a specific location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization therefor by the Planning Board.

A dwelling owned by fee ownership while the space surrounding the unit is owned in common or by another party.

A document signed by the Construction Official which:

Typically, a vacuuming or cleaning device to contain and eliminate oil spills and other debris within a marina.

Development other than planned development.

A dwelling unit within a building owned by a corporation formed for the purpose of leasing apartments to its own stockholders.

A composite of the Master Plan for the physical development of Cape May County with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.

The Planning Board of Cape May County.

Calendar days.

The permitted number of dwelling units per gross area of land to be developed.

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; or any mining, excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land.

The duly adopted Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto.

Structures supported on pilings driven into the bottom substrata or floating on the water surface, which are used for the mooring of boats for recreation or fishing, except commercial fishing.

The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during and after construction or development and by such other means necessary for water supply preservation and the prevention or alleviation of flooding.

The portion of a property designed and used for interior vehicular circulation and turnaround. Includes the portion of a parking lot other than the parking spaces but does not include the driveway.

A private road providing vehicular access between a public way and the interior of a property.

Three- to six-family dwellings constructed in a row, with each unit having its own front and rear access to the outside, and no unit being located over another unit, and each unit being separated from any other unit by one or more vertical common fire-resistant walls.

A building other than an attached dwelling that is designed to accommodate three or more dwelling units within a single structure.

One of two dwelling units, designed for and occupied by a single family and having at least one party wall in common with an adjacent dwelling unit.

A single-family residence on an individual lot with private yards on all four sides of the house.

A building where not more than two dwelling units are entirely separated by horizontal floors unpierced, except for access to the outside or to a common cellar and having no party wall.

One or more rooms, including a permanent kitchen and bathroom, in a building with a foundation designed and used as living accommodations for one family only and specifically excluding houseboats, barges, mobile homes, camping trailers, and truck campers.

Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored onboard for motive purpose. "Electric vehicle" includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric vehicle.

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. “EVSE” is synonymous with “electric vehicle charging station.”

The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

The erection, construction, alteration and maintenance of emergency warning, traffic control, transportation, gas, electric, sanitary sewer, storm sewer, water, and telephone systems by municipal departments or authorities, or by private companies as deemed necessary for general welfare, safety and public health. This includes all related equipment and accessories but not service buildings or yards.

A dwelling unit that is used, maintained and/or advertised as a destination location for a gathering of invited guests who are not using the structure for habitable purposes, but is used primarily for functions and special events including, but not limited to, weddings, retreats, parties and meetings where the total number of occupants inside and/or outside of the structure exceeds 30 people. A dwelling unit that is used for such functions and special events by the owners or tenants who occupy the dwelling unit as their residence for a period of more than 90 consecutive days is not an event house.

A special event held at an event house such as, without limitation, a wedding ceremony, wedding reception, celebration, retreat, party, meeting or any other function where the total number of occupants inside and/or outside of the structure exceeds 30 people.

One or more persons residing as a separate housekeeping unit. This is distinguished from a group occupying a boarding house, lodging house, club, fraternity, motel or hotel.

An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.

Official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans, and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranty.

The final map of all or a portion of the site plan 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.

An anchored floating structure separating navigable or open bodies of water from a marina basin for the purpose of reducing wave action within the marina basin but also allowing adequate circulation and flushing action within the marina basin.

Any waterborne structure designed and intended primarily as a permanent or seasonal dwelling, not for use as a recreational vessel, which will remain stationary for more than 30 days. Prohibited in the Coastal Zone of New Jersey (unless registered with the Motor Vehicle Commission prior to 6/1/1984).

When used for business or commercial activities, the term "floor area" shall include customer, showcase, storage and sales facilities. "Habitable floor area" shall mean dwelling space, exclusive of attached garages, porches, cellars, or any other enclosure not capable of being used as a part of the main dwelling area.

The sum of the area of all floors of the habitable areas of buildings or structures (not including attics, basements, porches, decks or other areas not designed or intended for human habitation) compared to the total area of the site.

A private garage that shares no wall, floor, roof or structural member or portion thereof with any main building to which the garage is an accessory.

A building or part thereof accessory to a main building and capable of storing at least one but not more than four or less automobiles incidental to the principal use of the property, with no provision for repairing or servicing such vehicles for profit and which is not intended, designed or used for human habitation and does not contain living accommodations.

A building or part thereof other than a private garage for the storage of motor vehicles and in which service station activities may be carried out.

The City Council of Cape May.

An interior finished room, enclosed by a floor, ceiling and permanent weather-resistant walls, which has a minimum floor to ceiling height of 6.5 feet, which is intended primarily for human occupancy.

See § 525-35.

One or more historic sites and intervening or surrounding properties that significantly affect or are affected by the quality and character of the site(s).

Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing that has been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.

A change in use of an historic structure to a use permitted in § 525-44A(l).

An organization operating in a development under recorded agreements through which each lot owner shall be a member and each dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the City in accordance with N.J.S.A. 40:55D-43.

A building arranged and used for sheltering, sleeping, or feeding for compensation 20 or more individuals.

A waterborne vehicle or boat fitted for living accommodations.

An established line within a property defining the minimum required distance between construction improvements, excluding building structures, and an adjacent right-of-way line.

In an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire, or enjoy property under this chapter, or under any law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under these regulations.

Any lot used for the storage, abandonment or demolition of equipment, vehicles, structures, or furnishings having only scrap value.

Includes improvements and fixtures on, above or below the surface.

Kitchens, bathing facilities, sleeping quarters, toilets and toilet facilities, or any other improvements intended to support human habitation.

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

The total horizontal area included within lot lines. Lot area is also referred to as "Lot size."

Any lot which occupies the interior angle formed by the intersection of two or more streets.

That area of a lot that is covered by buildings, structures, paved areas, or materials used for patios, driveways, swimming pools or similar facilities divided by the total area of the lot, provided that eaves, overhangs and gutters, up to a maximum of 23 inches, shall not be included in lot coverage calculations. However, in R-1, R-2, R-3, R-4 and R-S Districts when calculating lot coverage, the area covered by driveways, walkways, patios and nonroofed decks of permeable construction (water passes through and not off of the surfaces) are credited for 50 percent toward lot coverage.

The shortest distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.

The distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width, except that on curbed alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 75 percent of the required minimum lot width. In the case of a corner lot, either side may be considered the "lot frontage," provided that the minimum frontage requirement is met for the zone in which the lot is located. On cul-de-sac with a radius for 50 feet, a minimum arc distance on the right-of-way line shall be 50 feet, with a minimum building setback line of 50 feet.

A lot other than a corner lot.

A lot with lot frontage on a curbed alignment with an outside radius of less than 500 feet, or a lot with lot frontage located on a cul-de-sac with a radius of 50 feet.

Any line forming a portion of the exterior boundary of a lot, which shall be the same line as the street line for that portion of a lot abutting a street.

The sum of the areas of a lot that are covered by the principal building(s), including attached structures such as porches and decks, detached garages and outbuildings such as sheds (but excluding patios, terraces, driveways, paved areas and stone landscaping) compared to the total area of the site.

The mean horizontal distance between the side lot lines measured in the general direction of its front and rear lot lines.

Any security, other than cash, which may be accepted by the City for the maintenance of any improvements required by this chapter.

Any subdivision not classified a minor subdivision.

A waterfront facility predominantly used for the dockage or moorage for recreational boats, for which a dockage or moorage fee is charged.

Water-dependent or water-oriented commercial enterprises supplying goods and services that benefit recreational and/or commercial boating and that require proximity to an accessible navigable water body.

Areas of water that provide mooring, docking and boat maneuvering room as well as access to land and navigational channels for recreational boats.

Equipment required for the removal of waste material from the toilet facilities of boats.

A composite of one or more written or graphic proposals for the development of the City as set forth in and adopted pursuant to N.J.S.A. 40:55D-28 et seq.

A tidal datum; the arithmetic average of the high water heights observed over a specific 18-6 year Metonic cycle, at the end of which the phases of the moon recur in the same order and on the same days as in the proceeding cycle.

The line formed by the intersection of the tidal plane of mean high water with the shore. The determination of this line is established by the Department of Environmental Protection.

A subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision; provided that such subdivision does not involve a planned development, any new street, or the extension of any off-tract improvements, the cost of which is to be prorated pursuant to Section 30 of the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-42).

A temporary or permanent floating anchored facility in a body of water for the purpose of attaching a boat.

A building or group of buildings, including at least six separate units, having individual rooms, containing living and sleeping accommodations for transient occupancy, and having individual entrances, and accompanying vehicular parking space.

The City of Cape May.

A body of water can be traversed at mean low tide even by a canoe.

Two or more commercial establishments having a total gross leasable floor area of less than 20,000 square feet, planned and managed as a unit, and providing convenience goods and personal services for day-to-day living needs only. Examples of convenience goods are food, drugs, and sundries. Examples of personal services are laundries, dry cleaners, barbers, beauty parlors, and shoe repairs.

A lot of which the area, dimension or location was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

A temporary structure, with or without wheels, that is capable of being transported on a road or highway and is used as a construction office or for the storage of materials during a construction project.

A facility providing, on a continuing basis, living accommodations, physician's services, nursing services, and maintaining medical records for its occupants. Major medical facilities or care for the acutely ill shall not be included in this definition.

The map, with changes and additions thereto, adopted and established, from time to time by resolution of the Board of Chosen Freeholders of Cape May County pursuant to N.J.S.A. 40:27-5.

A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq.

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 contiguous portion of a street or right-of-way.

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

Located on a lot or portion of a lot which is the subject of a development application.

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

A space available for the parking of one motor vehicle and being part of or having direct access to a driveway, drive aisle, street or alley.

For purposes of notice, any applicant for development, the owners of the subject property, and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.

An uncovered ground level paved area adjacent to a dwelling for recreation.

A dedicated strip of ground intended for general public use to provide a means of approach for pedestrians only.

Any security which may be accepted by the City, including cash; provided that the City shall not require more than 10% of the total performance guaranty in cash.

Planned unit development, planned unit residential development, or residential cluster.

An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as may be specified in this chapter.

An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses all primarily for the benefit of the residential development.

The Planning Board of the City of Cape May.

A map or maps of a subdivision or site plan.

Conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49 prior to final approval and after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

The primary purpose for which a lot or building is used.

A Master Plan, Capital Improvement Program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion.

An open space area conveyed or otherwise dedicated to the City, Board of Education, state or county agency, or other public body for recreation or conservation uses.

Four attached residential units, two in front and two in the rear of the same building.

An area to be developed as a single entity according to a plan containing residential housing units and which have a common or public open space area as an appurtenance.

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

Any establishment, however designated, at which food is sold primarily for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, playfield or park, operated by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed a restaurant.

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any street or the establishment of any new streets 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 instruments.

A property line along a street.

The deposition 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.

A line within any lot, usually marking the limits or required yard space, parallel to any street line between which line and street line no building or portion thereof may be erected, except as provided in this chapter. All setbacks from public streets shall be measured from the proposed right-of-way width as shown on the adopted Master Plan.

Five or more commercial establishments having a total gross floor area of greater than 20,000 square feet, planned and managed as a unit, and providing a greater range of goods and services than those needed for day-to-day living.

Any device for visual communication that is used for the purpose of bringing a subject to the attention of the public. The area of any sign shall be the maximum projected area of the shape which encloses the sign, structure, device or representation.

A form of residential cluster permitted in the Harbor District.

A development plan of one or more lots on which is shown:

On-site off-street parking whereby vehicles are parked in rows of not more than three and whereby one or more other vehicles are unable to access a driveway or street without moving one or more other vehicles.

Standards adopted by ordinance 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; or required by applicable federal or state laws.

Any street, avenue, boulevard, road, lane, alley, parkway, viaduct, drive or other way which is an existing state, county or City roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action; or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of the City Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavements, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

A line which is usually at an equal distance from both street lines, or right-of-way lines.

A right-of-way line.

A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.

Any facility which is constructed, used or maintained to provide recreational facilities for swimming, bathing or wading and which is capable of containing water to a depth greater than 18 inches. Residential swimming pools are swimming pools that are an accessory use to one or more residential dwelling units.

A facility designed for the teaching, research and learning of marine-related subjects.

Any building other than a hotel, motel, apartment house or boatel offering a room or rooms for rent with or without meals.

The specific purpose for which land or a building or structure is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

Permission to depart from the literal requirements of this chapter pursuant to N.J.S.A. 40:55D-40b, 40:55D-70c and 40:55D-70d.

A structure with at least 100 rooms, the main portion of which was constructed during or within 15 years after the reign of Victoria Alexandrina, Queen of the United Kingdom of Great Britain and Ireland (1837-1901).

An area extending across the full width of a lot and lying between the front property line of the lot and the nearest wall or face of the building as defined in this section, "building setback line." The depth of the front yard shall be measured at right angles to the front property line of the lot.

An area extending across the full width of the lot and lying between the rear property line of the lot and the nearest wall or face of the building as defined in this section, "building setback line." The depth of the rear yard shall be measured at right angles to the rear property line of the lot.

An area located between the side property line of the lot and the nearest wall or face of the building as defined in this section, "building setback line" and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear property lot lines as the case may be. The width of a side yard shall be measured at right angles to the side property line of the lot.