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