[Ord. No. 72-7 § 3; Ord. No. 85-1; Ord. No. 02-09 § I; Ord. No. 03-09 § II; Ord. No. 2005-05 § 1; 5-9-2018 by Ord. No. 2018-08; 5-9-2018 by Ord. No. 2018-09; 10-12-2018 by Ord. No. 2018-14; 12-11-2019 by Ord. No. 2019-17; 6-12-2024 by Ord. No. 2024-11]
For the purpose of this chapter, certain terms and words are herein defined. The words "used for" include the meaning "designed for"; the word "building" includes the word "structure"; the word "plot" includes "lot".
ACCESSORY BUILDINGShall mean a building housing any use incidental to the principal use of the land.
ACCESSORY DWELLINGShall mean an accessory building designed or used in whole or in part as a dwelling, and having an area not more than 3/4 of the area of the main building.
ANTENNAAny system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc), or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.
BASEMENTShall mean a story partly or wholly underground.
BASE STATIONA structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" includes, without limitation, the following.
a. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as a backhaul network.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including DAS and small-cell networks).
c. Any structure other than a tower that, at the time the relevant application is filed under this section, supports or houses equipment described in Subsections
a and
b which has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
BASIC GRADEShall mean the elevation at the center line of the street on which the plot fronts, as established or to be established by the Borough.
BLACKHAUL NETWORKThe lines that connect a wireless provider's or facility developer's towers and cell sites to one or more cellular telephone switching offices and/or long-distance providers or the public switched telephone network.
BOARDINGHOUSEShall mean a building in which not more than five rooms are used, or intended to be used, for compensation for the lodging of guests, with meals served to occupants only.
BREEZEWAYShall mean a covered passageway extending between a main and an accessory building and having a permanent floor and a permanent roof, designed so as to be or become an integral part of the design of the main building.
BUILDINGShall mean any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, or having other supports and an unroofed platform, terrace or porch raised more than eight inches above the grade of the adjacent yard.
BUILDING AREAShall mean the area of the largest floor plan of the building and any portion of the building extending beyond the foundation wall. Lot coverage calculations shall exclude the following: entrance steps to the first floor with incidental landings not to exceed the width of the stairs, 20 square feet of the top landing, and maximum four-foot walkways and stairways at least eight feet above grade.
BUILDING HEIGHTShall mean the vertical distance measured from the basic grade to the highest point of the roof.
CERTIFICATE OF OCCUPANCYShall mean a certificate issued by the Construction Official upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted by the Board of Adjustment, and all other applicable requirements have been complied with.
CO-LOCATIONThe mounting of one or more wireless communications facilities, including antennae, on an existing tower-based wireless communications facility and/or wireless support structure for the purpose of transmitting and/or receiving radio and digital frequency signals for communications purposes. To be confirmed as co-location, an applicant must demonstrate that it qualifies as co-location in accordance with federal and state law, including, but not limited to N.J.S.A. 40:55D-46.2.
CORNER PLOTShall mean a plot or lot having intersecting street lines as two or more of its boundaries.
COURTShall mean an open unoccupied space, other than a yard, on the same plot with a building.
COVERAGE GAPThe need for additional capacity because of inadequate present capacity or service, dead spots, and inability to place a call.
DEAD SPOTSmall areas within a service area where the field of strength is lower than the minimum level for reliable service or inadequate capacity exists as determined by expert testimony in accordance with industry standards.
DIRECTIONAL SIGNShall mean an advertising sign or device intended to direct or point toward a place, or one that points out the way to either an unfamiliar or a known place that obviously could not be easily located without such a sign or device.
DISTRIBUTED ANTENNA SYSTEM or DASA network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
DUPLEXShall mean a structure or structures located on a single lot designed for two separate residences without regard to the legal relationship of the occupants in either or both of the living units. In order for a structure or structures to constitute a duplex, each living unit or residence must have a separate entrance, separate cooking facilities and separate complete bathroom facilities. A complete bathroom facility is defined as having a commode and shower or bath. A separate outside shower which is capable of being utilized in conjunction with half bath facilities shall constitute a complete bathroom facility. Heating capabilities shall not be considered in the determination of a duplex, as a living unit is capable of being utilized during the summer without heat.
DWELLINGShall mean any building or portion thereof which is designed for or occupied as a residence, except hotels or motels.
FAMILYShall mean one or more persons related by blood or marriage occupying a dwelling unit and living and cooking as a single, nonprofit housekeeping unit, including servants. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization.
FCCThe Federal Communications Commission.
FREESTANDING TEMPORARY SIGNAny sign which is supported by structures or supports in or upon the ground and independent of support from any building.
FRONT YARDShall mean a yard across the full width of the plot extending from the front wall of the building to the street line of the plot.
GARAGE APARTMENTShall mean a two story building, the first floor of which is designed and used chiefly for the storage of motor vehicles, and the second floor of which is designed or used as a dwelling.
GARAGE, PRIVATEShall mean a building or space designed as accessory to or a part of the main building which is designed primarily for the storage of vehicles.
GUEST HOUSEShall mean any accessory building used in whole or in part as a dwelling.
HALF STORYShall mean a story with at least one of its walls formed by a sloping roof.
HOME OCCUPATIONShall mean an occupation carried out on the premises by an occupant thereof in which there is no display or sale or offer of sale of goods and services on the premises and no other persons than occupants employed.
HOME OFFICEShall mean an office situated in a dwelling in which is performed accounting, record keeping, and similar procedures associated with a gainful occupation pursued off the premises by an occupant of the dwelling, excluding real estate agencies.
HOTEL (MOTEL)Shall mean a building in which more than five rooms are used, or intended or designed to be used, for the lodging of guests for compensation, with or without meals.
INTERIOR PLOTShall mean a lot or plot the sidelines of which do not abut the street.
LOTShall mean the area of land contained in any numbered subdivision of a block as shown on the Official Map of Surf City.
MAIN BUILDINGShall mean the building housing the principal use of the plot.
MONOPOLEA wireless communications facility or site which consists of a single pole structure, designed and erected on the ground or on top of a structure to support communications antennae and connecting appurtenances.
NONCONFORMING BUILDINGShall mean a building or structure which was designed, executed or structurally altered for a use that does not conform to the use regulations of the zone in which it is located, or a building or structure which does not conform to all the height and area regulations of the zone in which it is located; provided the building or structure was in all respects a lawful building at the time it was constructed.
NONCONFORMING LOTShall mean a lot or parcel which does not have the minimum width or depth or contain the minimum area for the zone in which it is located, or the use to which it is being put, and which was in all respects lawful at the time it was first delineated by deed or plot plan of public record.
NONCONFORMING USEShall mean a use of a building or of land that does not conform to the regulations of the zone in which it is located but which use was in all respects lawful when it was begun.
OCCUPANCY PERMITShall mean a permit secured by the purchaser of a dwelling unit prior to closing of title from the Tax Collector which permit would indicate the type of use for which the dwelling may be legally utilized.
PARKING SPACEShall mean an off-street space available for the parking of a motor vehicle and which in this chapter is held to be an area nine feet wide and 20 feet long.
PLACE OF WORSHIPShall mean buildings or parts thereof including accessory buildings or structures that are used for the regular assembly of persons for the practice of religious worship, services or rites.
PLOTShall mean one or more adjoining lots under one ownership.
PLOT AREAShall mean the total area within the boundary lines of a plot.
PLOT DEPTHShall mean the mean distance between the front line and the rear lot line.
PLOT WIDTHShall mean the lot width shall be determined by measurement across the rear line of the front yard. When the side lot lines converge toward the street line, the distance between the side lot lines at their points of intersection with the street line measured along the street line shall not be less than 80% of the required minimum lot width. In the case of lots on the turning circle of a cul-de-sac or at points of street curvature where the radius of the right-of-way line of the street (or of a circle approximately following the right-of-way line and intersecting the foremost points of the side lot lines) is less than 90 feet, the 80% requirement shall not be less than 20 feet.
POINT OF SALE SIGNShall mean a sign displayed on the premises occupied by an individual business, service or commercial enterprise to apprise the public of the location of the premises and the nature of the products or services offered thereon.
PREEXISTING WIRELESS SUPPORT STRUCTURESAny tower, antenna, and/or other wireless communications support structure that has a construction permit or land use approval prior to the effective date of this section and including, but not limited to, any tower, antenna, and/or wireless communications support structure on property owned, leased, or otherwise controlled by Borough.
PROFESSIONAL OFFICEShall mean the office of a member of the following recognized professions only: accountants, architects, chiropractors, dentists, land surveyors, lawyers, medical doctors, ministers, optometrists, osteopathic physicians, professional engineers, psychiatrists.
PUBLIC UTILITYPersons, corporations, or governments supplying gas, electric, transportation, water, sewer, or landline telephone service to the general public. The term "public utility," however, shall not mean, for purposes of this chapter, wireless communications providers and wireless facility developers.
REAR YARDShall mean a yard across the full width of the plot extending from the rear wall of the building to the rear line of the plot.
RIGHT-OF-WAY or ROWThe surface of and space above and below any real property in the Borough in which the Borough, County of Ocean, and/or State of New Jersey has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area, or property under the control of the Borough, County of Ocean, and/or State of New Jersey, and any unrestricted public or utility easements established, dedicated, platted, improved, or devoted for utility purposes, but excluding lands relating to other than streets that are owned by the Borough, County of Ocean, and/or State of New Jersey. The phrase "in the right(s)-of-way" means in, on, over, along, above, and/or under the right(s)-of-way.
ROOMING HOUSEShall mean a building in which not more than five rooms are used, or intended to be used, for the lodging of guests for compensation, without meals.
SANDWICH BOARD SIGNA freestanding temporary sign, with no moving parts or lights, no larger than six square feet total sign size; displayed outside a business, during business hours, to advertise the business, hours of operation, an event, a promotion, etc., (excluding real estate signage). It is not intended as permanent business sign. Signs may not be anchored to the sidewalk, or attached or chained to poles, newspaper vending boxes, or other structures or appurtenances.
SATELLITE DISHAny apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite, or similar electronic signals.
SIDE YARDShall mean a yard between the building and the adjacent side lines of the lot extending from the front yard to the rear yard.
SIGNShall mean a publicly displayed board, placard, or structure, lighted or unlighted, including banners and flags, bearing information by word or picture which is in the nature of identification, announcement, direction, or advertisement.
SIGN AREAShall mean the area included within the frame or edge of the sign exclusive of the structure to support it properly, trim and framing device and any appurtenances required by building codes. Where the sign has no such frame or edge, the area shall be defined by an enclosed four sided geometric shape which most closely outlines such sign.
SPECIAL EVENT SIGNSSigns advertising special events that are erected for a relatively short period of time, which period shall be terminated upon the conclusion of the event taking place.
STEALTH TECHNOLOGYCamouflaging methods applied to wireless communications towers, antennae, and other related facilities which render them more visually appealing, or blend the proposed facilities into the existing structure or visual backdrop in such a manner as to render them minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building-mounted antennae paint to match the existing structure, and facilities constructed to resemble trees, shrubs, flag poles, utility poles, and light poles.
STORYShall mean that portion of a building included between the surface of any floor, and the surface of the floor next above it, or if there be no floor above it, the space between such floor and the ceiling next above it.
STREETShall mean a portion of land dedicated to public use for vehicular and pedestrian travel. (The width of the street includes sidewalks.)
STREET LINEShall mean the dividing line between the plot or lot and the street.
STRUCTUREShall mean anything built, constructed or erected which requires location on the ground. However, pools shall not be considered structures or fire pits that are less than 24 inches in height as measured from the ground and occupy an area of not more than 64 square feet.
SUBSTANTIAL CHANGEA modification substantially changes the physical dimension of a wireless communications support structure and/or base station if it meets any of the following criteria.
a. Increase in height. An increase in the height of a wireless communications support structure constitutes a substantial change A) for structures outside public rights-of-way, if the proposed increase in height is more than 20 feet or 10%, whichever is greater; and B) for structures in rights-of-way, the proposed increase in height is more than 10% or 10 feet, whichever is greater.
b. Increase in width. An increase in the width of a tower constitutes a substantial change A) for towers outside public rights-of-way, if the increase protrudes from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the new appurtenance, whichever is greater; and B) for towers in rights-of-way and for all base stations, if the increase protrudes from the edge of the structure more than six feet.
c. Increase in equipment cabinets. The addition of equipment cabinets constitutes a substantial change if it involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four cabinets, whichever is less.
d. Excavation or deployment outside current site. Excavation or deployment of equipment outside the current site of the tower or base station constitutes a substantial change when required for a proposed co-location.
e. Defeat of existing concealment elements. If existing concealment elements of the tower or base station would be defeated by the proposed co-location, the proposed co-location constitutes a substantial change. For example, if the proposed co-location would result in an extension of a camouflaged tree tower which would result in the tower no longer looking like a tree, the proposed co-location would constitute a substantial change of the tree tower.
f. Failure to comply with prior conditions. A substantial change occurs if the proposed co-location fails to comply with conditions associated with the prior approval of the tower or base station, unless such noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds described above.
TAKE-OUT WINDOWShall mean an opening in the main or principal building of a retail food establishment used to receive and dispense take-out food orders.
TEMPORARY SIGNA sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.
THROUGH PLOTShall mean an interior plot or lot, the front line and rear line of which abut a street.
TOWERAny structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar wireless telecommunication purposes, including self-supporting lattice towers or monopole towers. The term shall also include radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, monopoles, and the like. The term includes the structure of the tower along with any support thereto.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITYAny structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers, and monopoles. DAS hub facilities are considered to be tower-based wireless communications facilities.
UTILITY POLEAny telephone pole, public utility pole, electric pole, or any other pole providing for the maintenance of wires for the distribution of electricity, telephone signals, telegraph signals, and/or television signals.
WIRELESSTransmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS COMMUNICATIONS AND COMMUNICATIONS SERVICEAny personal wireless services as defined in the Telecommunications Act of 1996 ("TCA"), which includes FCC licensed commercial wireless telecommunications services, including, but not limited to, all FCC-licensed blackhaul network and other wireless services, broadcast, cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, paging, and similar services that exist or that may be developed in the future.
WIRELESS COMMUNICATIONS EQUIPMENTThe set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cabling, and coaxial and fiber optic cable, but excluding wireless communications support structures.
WIRELESS COMMUNICATIONS FACILITYThe antennae, nodes, DAS, control boxes, towers, poles, conduits, ducts, pedestals, electronics, base station, small cell system, tower, wireless communications support structure, and other equipment used for the purposes of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
WIRELESS COMMUNICATIONS SUPPORT STRUCTUREA structure that is designed to support, or is capable of supporting, wireless communications facilities and equipment, including, but not limited to, a tower, water tower, or utility pole.
YARDShall mean an open, unoccupied space on the same plot with a building, open and unobstructed from the ground to the sky, except as otherwise provided herein.