All words defined in the Municipal Land Use Law, Chapter 291, Laws of New Jersey, if not contained in this section, are incorporated herein and declared to be a part of this chapter. The following words and phrases shall have the meaning given in this section, as follows:
ACCESSORY BUILDINGA building detached from and subordinate to the principal building on the same lot, the use of which is customarily incidental to that of the principal building.
ACCESSORY ENTERTAINMENTEntertainment accessory and complimentary to a permitted principal use and which may include live artists, performers or musicians, amplified sound or music, trivia, poetry, sound production devices or other similar forms of entertainment.
[Added 11-20-2014 by Ord. No. 2014-29]
ACCESSORY RESIDENTIAL USEA use customarily carried on within a dwelling by the inhabitants thereof, which use is incidental and subordinate to the residential use. "Accessory residential uses" shall not be interpreted to include the following examples: barber and beauty shops, barber and beauty schools, tearooms, convalescent homes, kennels or repair of vehicles. The foregoing examples are by way of explanation and in no way limit the types of uses that are not included within the definition of "accessory residential use." "Accessory residential uses" will be limited to those specified in the zoning districts of this chapter and subject to the standards therein.
ACCESSORY USEA use customarily incidental and subordinate to the main use conducted on a lot, whether such "accessory use" is conducted in the main or accessory building.
ADMINISTRATIVE OFFICERThe Clerk of Ventnor City, unless a different municipal official is designated within this chapter or by statute.
ALLEYA minor way, which may or may not be legally dedicated and which affords only a secondary means of access to abutting property.
APPLICANTAn individual, partnership, corporation or any other person submitting an application for development within the City of Ventnor City, New Jersey.
APPLICATION FOR DEVELOPMENTThe application form or forms and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to the Municipal Land Use Law.
APPROVING AUTHORITYThe Planning Board of Ventnor, unless a different agency is designated within this chapter.
ASSOCIATEAn employee of the physician or dentist permitted to use the professional offices set forth within those zones wherein professional offices shall be a conditional use. At no time should the "associate" be an interest holder in the professional corporation and/or partnership and as such shall not be entitled to share in the profits but at all times shall be solely and only an employee of the physician or dentist who shall have authority to practice in the approved zone.
ATTICThat part of a building which is immediately below and wholly or partly within the roof framing, not generally used as living space.
AUTOMOBILE SERVICE STATIONAny building, land area or other premises, or portion thereof, used for retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.
[Added 11-20-2014 by Ord. No. 2014-29]
AUTOMOTIVE GARAGEAny premises used for the repair or servicing of vehicles, but not including automotive wrecking.
AUTOMOTIVE SALES BUILDINGA building used for the sale of, hire of or remuneration from automotive and other vehicles and equipment. This shall be interpreted to include auto accessory salesrooms but not the sale of junked vehicles and equipment.
AVERAGE NET RESIDENTIAL DENSITYThe number of dwelling units per acre computed by dividing the number of dwelling units which the applicant proposes to build by the number of acres in the development, excluding acreage devoted to public streets. See "density."
BANKING AND FIDUCIARY ESTABLISHMENTSEstablishments such as bank and savings and loans, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, and insurance agents.
[Added 11-20-2014 by Ord. No. 2014-29]
BANKS or BANKING ESTABLISHMENTSThe term "bank or banking establishments" shall mean a full service banking institution as defined in N.J.S.A. 17:9A-1 et seq., and more specifically as incorporated pursuant to N.J.S.A. 17:9A-3 and provides all the services as set forth in N.J.S.A. 17:9A-24 and 17:9A-24.9
[Added 4-8-1999 by Ord. No. 9907]
BASEMENTA story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A "basement" shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purpose. See "cellar."
BED-AND-BREAKFAST USEA conditional use permitted in specific areas of certain residential zoning districts whereby an owner-occupied residential structure can rent not more than eight guest bedrooms for a stay of not more than 15 consecutive days within a thirty-day period to any one or more persons.
[Added 6-25-1998 by Ord. No. 9813]
BILLBOARDA sign which directs attention to a product, business, service or entertainment conducted, sold or offered elsewhere than upon the lot on which such sign is situated and which is designed in conjunction with the sign standards of this chapter.
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 enclosures, such as bay windows, shall be considered part and parcel of said principal building. Roofs over solid or open decks, as long as no decks are enclosed, shall count as lot coverage.
[Amended 10-28-2021 by Ord. No. 2021-21]
BUILDING EAVE HEIGHT, MAXIMUM (MEH)The vertical distance from adjacent existing grade to the underside of the roof eave. (See building height requirements.)
[Added 6-7-2007 by Ord. No. 2007-5; amended 10-28-2021 by Ord. No. 2021-21]
BUILDING HEIGHT, ACCESSORY STRUCTUREThe building height for accessory structures shall be measured from adjacent existing grade to the highest finished surface of the coping for a flat roof, deckline for a mansard roof, or gable for a pitched or hip roof structure.
[Added 9-19-2013 by Ord. No. 2013-19; amended 10-28-2021 by Ord. No. 2021-21]
BUILDING HEIGHT, PRINCIPAL BUILDINGFor any new construction, substantial improvement, and substantial addition to any building located in an area of special flood hazard as set forth in §
126-7 of this Code, the vertical distance measured from the base flood elevation as shown on the Federal Emergency Management Agency (FEMA) Base Flood Elevation (BFE) maps, plus three feet of freeboard, to the highest finished surface of the coping for a flat roof, deckline for a mansard roof, or gable for a pitched or hip roof structure. If the principal building first floor is at least three feet over the base flood elevation, the maximum building height shall be measured from the first-floor elevation, but no more than four feet greater than the base flood elevation, or, if parking below the building is provided, nine feet from the highest top of curb to the highest finished surface of the coping for a flat roof, deckline for a mansard roof or gable for a pitched or hip roof structure. For any new construction, substantial improvement, and substantial addition to any building located in an area designated as a one-hundred-year flood zone as set forth in §
126-7 of this Code, the vertical distance measured from the base flood elevation as shown on the Federal Emergency Management Agency (FEMA) Base Flood Elevation (BFE) maps, plus three feet of freeboard, to the highest finished surface of the coping for a flat roof, deckline for a mansard roof, or gable for a pitched or hip roof structure. For new construction within an X-Zone, the BFE of the highest adjacent AE Zone shall be utilized to determine building height. If an existing principal building's first floor is below the base flood elevation, plus three feet of freeboard, and the building is not being raised, the height is measured from the existing lowest habitable floor.
[Added 9-19-2013 by Ord. No. 2013-17; amended 3-19-2015 by Ord. No. 2015-08; 6-28-2018 by Ord. No. 2018-26]
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot, to which all other buildings on the lot are accessory. There shall be only one principal structure per residential lot unless otherwise permitted by the zoning district.
[Amended 4-8-1999 by Ord. No. 9907]
BUILDING ROOF SLOPE, MAXIMUMThat slope established by a direct line connecting a point not more than 12 inches vertically above the intersection of the effective building width envelope with the maximum eave height to a point intersecting the maximum building height with the center of the effective building width, as shown below:
[Added 6-7-2007 by Ord. No. 2007-5]
BUILDING SETBACK LINEAn established line within a property, defining the minimum required distance between the face of any structure to be erected and an adjacent right-of-way or street line.
BUILDING WIDTH, EFFECTIVE (EBW)Determined by subtracting the total of the two zoning district side yard setbacks, or the actual setbacks as may be established by variance approval, from the actual lot width dimension. For irregular-shaped lots, the lot width shall be that distance between side lot lines at the zoning district front yard setback. For corner lots, the lot width shall be the smaller of the two lot dimensions; and the effective building width shall be calculated using the side yard, as determined above, and the required district front yard setback.
[Added 6-7-2007 by Ord. No. 2007-5]
BULKThe term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines, and includes the size, height and floor area of a building or other structure, the relation of the number of dwelling units in a residential building to the area of the lot and all open areas in yard space relating to buildings and other structures.
CELLARA story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A "cellar" shall not be considered in determining the permissible number of stories nor shall it be considered in the calculation of habitable area as called for in various residential districts. See "basement."
CERTIFICATE OF OCCUPANCYA statement, signed by the Zoning Officer, setting forth either that a building, structure or swimming pool does or does not comply with this chapter or that a building, structure or parcel of land may lawfully be used for specified uses, or both.
CHURCHA building used for public worship by a congregation, excluding buildings used exclusively for residential, education, burial, recreational or other uses not normally associated with worship.
CLUB, MEMBERSHIPAn organization catering exclusively to members and their guests, including premises and buildings for social, recreational or other athletic purposes, which are not conducted primarily for financial gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purpose of such club and within the property boundaries of such facilities.
CLUSTER RESIDENTIALMore than three single-family residential dwelling units designed within an overall concept in accordance with the provisions of this chapter and subject to Planning Board approval.
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, not including parking lots, streets, drives or other vehicular buildings or structures.
CONDITIONAL USEA use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board. "Conditional uses" are specified by zoning district within this chapter.
CONSTRUCTION OFFICIALThe City official specified in the Building Code and designated as such by the Board of Commissioners.
COUNTY MASTER PLANComposite of the master plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adapted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COURT, INNERAn open unoccupied space enclosed on all sides by exterior walls of a building.
COURT, OUTERAn open unoccupied space enclosed on not more than three sides by exterior walls of a building.
CUL-DE-SACA street with access closed at one end and having a minimum forty-foot cartway radius turnaround at the closed end.
DECKA permeable or nonpermeable structure having no roof with sidewalls or railings not higher than 42 inches above the deck floor and is attached to and projecting from the principal structure. Retractable awnings affixed to principal structures without poles shall be permitted. A nonpermeable deck will count as lot coverage. A permeable deck with open slats of at least 1/4 inch between boards at installation shall not count as lot coverage, building nor landscape coverage unless covered by an impermeable deck or roof. If a deck has a roof other than a permeable or impermeable deck, then it is included as lot coverage as long as the deck is not enclosed.
[Added 9-11-1997 by Ord. No. 9715; amended 10-28-2021 by Ord. No. 2021-21]
DECK, THIRD FLOORDecks serving third floor (1/2 story) habitable areas shall be inset within the principal structure and must meet all principal building setbacks.
[Added 6-28-2018 by Ord. No. 2018-26]
DENSITYThe number of dwelling units permitted in a development, expressed in units per net acre, meaning acreage exclusive of streets and land to be dedicated to Ventnor City or another government agency.
DEVELOPERThe 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.
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 or of 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 for which permission may be required pursuant to this chapter.
DEVELOPMENT REGULATIONDevelopmental Ordinance (zoning, subdivision, site plan), Official Map Ordinance or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to this chapter.
DORMERA roofed structure, often containing a window that projects vertically beyond the plane of a pitched roof. Any dormer above the finished second floor shall be set back a minimum of 18 inches from the exterior wall of the floor below.
[Added 6-28-2018 by Ord. No. 2018-26]
DRAINAGEThe removal of surface water or groundwater from the land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAYThe 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 in accordance with Chapter
1 of Title 58 of the New Jersey Statutes Annotated.
DRIVE-IN ESTABLISHMENTSPremises constructed for the sale of any goods or services by means of curb and/or window-counter service, whether to the motoring public or pedestrians.
DUPLEXA single building designed for and occupied exclusively as a residence containing two dwelling units on a single lot, where the dwelling units are located one over the other.
DWELLING, MULTIPLEA building or portion thereof containing more than two dwelling units.
A. APARTMENT HOUSEA detached building containing three or more separate housekeeping units and used as a residence by three or more families.
B. APARTMENT, GARDENA group of not less than three nor more than 20 multifamily dwellings, architecturally designed with some units placed on top of other units, not in excess of three stories in height, designed for rental or sale of individual housekeeping units, having common open space and in accordance with the special requirements set forth in this chapter. This does not include occupancy units that are rented or hired out to transient clientele for sleeping purposes.
C. APARTMENT, HIGH-RISEA multifamily dwelling, over three stories in height, with elevator service, designed for rental or condominium ownership of the individual housekeeping units as designed in accordance with the special requirements set forth in this chapter.
D. TOWNHOUSEA residential structure of no more than three stories, containing not less than three nor more than 10 one-family dwelling units, each being separate from the adjoining units by an approved masonry party wall or walls, thus creating a distinct unit intended for separate rental or ownership.
DWELLING, TWO-FAMILYA single building designed for and occupied exclusively as a residence containing two dwelling units on a single lot where the dwelling units are located side-by-side to each other. These side-by-side dwelling units must be joined together by a common party wall which extends from the foundation to the roof and from the front yard to the rear yard of the lot. The front yard shall be that yard which abuts the street line of the property.
DWELLING UNITA building or entirely self-contained portion thereof, but not including a boat, trailer or other vehicle of any type nor a temporary shelter such as a tent, which contains complete housekeeping facilities for one family only and which has no enclosed space or cooking facilities in common with any other dwelling unit, except vestibules, entrance halls, porches or hallways.
DWELLING UNIT AREAThe area enclosed within the inside walls of the dwelling unit with a finished-floor-to-structural-ceiling-height of not less than seven feet six inches, excluding garages and porches.
ELECTRIC VEHICLE[Added 4-26-2018 by Ord. No. 2018-14]Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on board for motive purpose. "Electric vehicle" includes:
A. A battery electric vehicle;
B. A plug-in hybrid electric vehicle;
C. A neighborhood electric vehicle; and
D. A medium-speed electric vehicle.
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)Electric charging facilities for electric vehicles, commonly consisting of a connection to the electrical grid, power supply cables, a mount, and connection to vehicle. An EVSE shall be comprised of all equipment that connects a motorized electric vehicle to the electrical grid.
[Added 4-26-2018 by Ord. No. 2018-14]
EMPLOYEES or NUMBER OF EMPLOYEESThe greatest number of persons to be employed and present in the building in question during any season of the year and at any time of the day or night.
ENCLOSUREA nonhabitable, unfinished or flood-resistant space below the base flood elevation (BFE) usable solely for the parking of vehicles, storage and building access to the first floor. Such space shall not be partitioned into multiple rooms or used for human habitation. The storage permitted in an enclosure shall be limited to that which is incidental and accessory to the principal use of the structure. Storage should be limited to such items as lawn and garden equipment, beach chairs and bicycles, which either have a low damage potential or can be easily moved to the elevated portion of the building if there is a flood.
[Added 3-19-2015 by Ord. No. 2015-08]
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FAMILYOne or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, whose relationship is of a permanent and distinct domestic character.
FAST FOOD RESTAURANTAn establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within a restaurant building, in cars on the premises or off the premises.
[Added 11-20-2014 by Ord. No. 2014-29]
FENCEAn open vertical structure consisting of spaced foundation posts with horizontal rails between posts supporting slats, boards or mesh fabric, etc., and made of wood, metal, plastic, or a combination of same, which permanently or temporarily prohibits or inhibits unrestricted travel between private properties, or portions of properties, or between the public right-of-way and private property.
[Amended 5-1-2003 by Ord. No. 2003-2]
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.
FLOOR AREA RATIOThe total gross floor area of a building on a lot divided by the area of the lot.
FLOOR AREA, TOTALThe sum of the gross horizontal areas of all floors of any building or buildings on a lot, measured from the interior walls. In particular, the total floor area shall be any basement or cellar space which has been improved.
FRONTAGE, LOTThe horizontal distance measured along the full length of the front line along the street right-of-way. Lot frontage must equal the lot width requirement except for lots fronting on culs-de-sac, when the lot frontage may be reduced by 60% of the lot width requirements.
FUNERAL HOMEA building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE, COMMERCIALAny garage used for the housing, care, maintenance and repair of motor vehicles.
GARAGE, PRIVATEA building accessory to a dwelling unit used for the housing of not more than three motor vehicles.
GARAGE, PRIVATE GROUPA building accessory to a dwelling unit used for the housing of not more than three motor vehicles per family.
GARAGE, PUBLICAny garage not included within the definitions of "private garage" or "commercial garage."
GASOLINE SERVICE STATIONAll area of land and any structure thereon used for the retail sale of motor fuel, lubricants and incidental services, such as hand-washing, and the sale, installation and repair of tires, batteries or automobile accessories.
GLAREIllumination from a source of light producing a reading of 50 or more on a standard Weston photographic light meter or its equivalent at a distance of three feet from the public right-of-way or a reading of 0.5 or more when such meter or its equivalent is held anywhere on a residential property line.
GOLF COURSEAn open area and its necessary buildings used for the playing of golf.
GRADEThe established elevation of the curb at the midpoint between the two side yard lines.
HOME OCCUPATIONA use permitted in specific areas of certain zoning districts whereby a residentially occupied structure may operate a professional office on the lowest habitable floor closest to the ground of a principal structure only and meeting all the conditions for such use as established within this definition and the zoning district. Uses shall be limited to professional offices for New Jersey licensed accountants, attorneys, architects, physicians, chiropractors, dentists, engineers, surveyors, planners, landscape architects, optometrists and shorthand reporting. The definitions of proposed operations are to imply that the use permitted is for a product created on the premises by a particular professional and shall not imply the sale on the property of products made or services performed off of the property. For such operators of home occupations, the operator or licensee need not be the owner of the property but shall reside in the living portions of the residential structure. A home occupation may have two nonresident employees other than that of the professional licensee and resident family members of the home occupation. Hours of operation for the home occupation shall be limited to from 8:00 a.m. to 8:00 p.m. Monday through Saturday. Home occupations shall be permitted in all zoning districts where properties have street frontage along Atlantic and Ventnor Avenues from Jackson to Fredericksburg Avenues, Dorset Avenue from Atlantic to Wellington Avenues and Wellington Avenue from Dorset Avenue to the Ventnor-Atlantic City boundary.
[Amended 11-12-1998 by Ord. No. 9824]
HOUSE, LODGING OR TOURISTA dwelling of not more than 10 bedrooms where lodging or lodging and meals are provided for compensation for transient guests.
ILLUMINANCEA measurement of the amount of light falling on a real or imaginary surface per unit area, often described as "light-level." In SI-derived units, these are measured in lux (lx) or lumens per square meter (cd sr m
-2). The footcandle is a nonmetric unit of illuminance.
[Added 8-21-2014 by Ord. No. 2014-22]
IMPACT STATEMENTA comprehensive statement of potential impact upon the site for all major projects that might significantly affect the quality of the environment.
IMPERVIOUSMaterial which does not allow percolation of water through or between and contributes to an increase in the surface water runoff from a site. Impervious materials of construction shall be considered as concrete, asphalt, brick or decorative pavers and timber decking with no gaping between slats.
LANDSCAPE SCREENA completely planted visual barrier composed of evergreens or other plants as specified by a district in a schedule available from the Building Inspector.
LAUNDRYAn establishment providing washing, drying, or dry-cleaning machines on the premises for rental use to the general public.
[Added 11-20-2014 by Ord. No. 2014-29]
LIGHT-EMITTING DIODE (LED)An electronic, semiconductor device that emits light when an electrical current is passed through it.
[Added 8-21-2014 by Ord. No. 2014-22]
LIQUID CRYSTAL DISPLAY (LCD)A flat-panel display, electronic visual display, or video display that uses the light-modulating properties of liquid crystals.
[Added 8-21-2014 by Ord. No. 2014-22]
LOADING SPACE, OFF-STREETAny paved or otherwise surfaced off-street space available only for the loading or unloading of goods, at least 12 feet wide and 35 feet long with clear headroom of at least 14 feet and having direct usable access to a street.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREAThe total horizontal area included within the limits of the lot lines bounding a tract of land. For the purpose of this chapter, any portion of a lot which is located within or under a waterway or other body of water or which is located within an area designated by the State of New Jersey Department of Environmental Protection as wetlands in accordance with the provisions of the Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.) shall not be included in calculating "lot area" or other bulk requirements. In the case of the above, for lots which adjoin a waterway or wetlands which are not bulkheaded, the lot line for the purpose of calculating area and bulk requirements as contained in this chapter shall be the mean high-water line in the National Geodetic Vertical Datum or other datum as determined and confirmed by NJDEP. Beachfront lots are bounded by the lot lines and areas exclusive of any riparian areas. Bulk standards and setbacks for beachfront lots shall be as indicated later in this chapter.
[Amended 10-28-2021 by Ord. No. 2021-21]
LOT COVERAGEThat percentage of the lot covered with impervious materials; that area of the plot or lot area covered by the building area. Enclosed areas such as sun porches, breezeways and foyers as well as open areas such as impervious decks, porches and patios, whether at grade or above grade, will be included as "lot coverage." "Lot coverage" shall also include areas occupied by impervious driveways and accessory structures and uses.
LOT DEPTHThe mean distance from the street line of a lot to its opposite rear line measured in the general direction of the side lines of the lot.
LOT WIDTHThe shortest straight line distance between side lot lines at front yard setback points on each side lot line measured from the street line. The minimum "lot width" shall be measured at the farthest building setback line where front and side lot lines are not perpendicular.
LOT, CORNERA lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a "corner lot" if straight lines drawn from the foremost points at the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.
LOT, INTERIOR FRONT LINE OFThe dividing line between the lot and the street, except in the case where a lot has no street frontage but abuts on a right-of-way, then such right-of-way line shall be the front line of the lot.
LUMINANCEA photometric measure of the luminous intensity per unit area of light traveling in a given direction. It describes the amount of light that passes through or is emitted from a particular area and falls within a given solid angle. The SI unit for luminance is candela per square meter (cd/m2). A non-SI term for the same unit is the "nit." One candela per square meter is equal to one nit.
[Added 8-21-2014 by Ord. No. 2014-22]
MAINTENANCE GUARANTYAny security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
MASTER PLANA composite of mapped and written proposals recommending physical development of Ventnor, duly adopted by the Planning Board.
MINOR SITE PLANA development plan that proposes a change in use or will increase the usable floor area or any modification to the interior floor layout of an existing building shall require review as a "minor site plan." A "change in use" is defined as any change on a site that will increase the parking requirement for that site as stated in the Development Regulations.
MINOR SUBDIVISIONAny subdivision containing not more than three lots, exclusive of the remaining lot or parcel fronting upon an existing approved and improved street, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to Section 30 of the Act (N.J.S.A. 40:55D-42).
MOTELAny building containing more than 10 occupancy units that are rented or hired out to transient clientele for sleeping purposes, with parking spaces adjacent to the bedrooms, and which is subject to the laws and regulations of the State of New Jersey.
NET SITE AREA or NET RESIDENTIAL AREAAn area of land devoted to residential buildings and accessory uses on the same lots, such as informal open space, drives, parking and service areas, but excluding land for public streets and nonresidential buildings.
OFFICIAL MAPA map adopted in accordance with the New Jersey Municipal Land Use Law, Chapter 291, Laws of New Jersey 1975.
OFF-SITENot located on the property which is the subject of a development application nor on a contiguous portion of the street or right-of-way.
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.
PARKING SPACEA space which, exclusive of driveways and turning areas, is 10 feet wide and 20 feet long if in an enclosed garage or not less than nine feet wide by 19 feet long if in the open and which is accessible for the parking of one vehicle. All off-street parking spaces or areas shall be paved. Required off-street parking areas for three or more vehicles shall have individual spaces marked and shall be so designed, maintained and regulated that no parking, backing onto or other maneuvering incidental to parking shall be on any public street, walk or alley and so that any vehicle may be parked or unparked without moving another. Handicapped spaces shall be 12 feet wide.
PERFORMANCE GUARANTYAny security which may be accepted by a municipality, including cash, provided that a municipality shall not require more than 10% of the total performance guaranty in cash.
PERIMETER SETBACKA clear and unoccupied space extending along the entire lot line at a depth specified in this chapter. The depth of the "perimeter setback" area shall be measured at right angles to the lot line of the property.
PLANNED DEVELOPMENTPlanned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED UNIT DEVELOPMENTAn 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 public, quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance.
PLANNED UNIT RESIDENTIAL DEVELOPMENTAn area with a specific 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 use, all primarily for the benefit of the residential development.
PLATThe map of a subdivision.
PLAT, FINALThe final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the Clerk of the County of Atlantic for recording, in accordance with law. A plat that received final approval shall have been prepared by a New Jersey professional engineer or land surveyor in accordance with all of the provisions of Chapter 141 of the Laws of 1960.
PLAT, PRELIMINARYThe preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board for tentative approval and meeting the requirements of Article
XX of this chapter.
PLAT, SKETCHThe sketch map of the subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article
XX of this chapter.
PORCHA permeable or nonpermeable structure entirely or partially roofed with sidewalls or railings not higher than 42 inches above the porch floor and which is attached to or projecting from the principal structure. Retractable or fixed pole roofs of a temporary or seasonal nature shall constitute roofs.
[Amended 9-11-1997 by Ord. No. 9715]
PREAPPLICATION CONFERENCEAn initial meeting between developer and municipal representatives which affords developers the opportunity to present their proposals informally.
PRELIMINARY APPROVALThe conferral of certain rights prior to the 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.
PROFESSIONAL SERVICESEstablishments primarily engaged in providing assistance, as opposed to products, to individuals, business industry, government, and other enterprises, including business, repairs, and amusement services; health, legal, engineering, and other professional services; educational services; membership organizations; computer and information technology services, funeral parlors, beauty and barbershops; and other miscellaneous services.
[Added 11-20-2014 by Ord. No. 2014-29]
RECREATIONAL AREAA private or public space, including essential buildings and structures used for play and recreational space of individuals.
RENTALA procedure by which services and/or real or personal property are temporarily transferred to another person for a specific time period in exchange for remuneration.
RESIDENCE, PRIMARYA dwelling unit owned and maintained by the family utilizing the unit as its principal place of residence and domicile. "Principal place of residence or domicile" shall be the following:
A. The address used by the occupant for purposes of voter registration.
B. The address used by the applicant for purposes of motor vehicle and professional licensing with the State of New Jersey.
C. The dwelling in which the occupant resides for a minimum of seven months in a continuous twelve-month period.
RESTAURANTAn establishment in which food and nonalcoholic beverages may be procured, provided that such food or nonalcoholic beverages are to be consumed while seated at a table, counter or booth within the building.
RETAIL SALES, STORES, SHOPS AND SERVICESEstablishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
[Added 11-20-2014 by Ord. No. 2014-29]
ROOF PITCH, MINIMUMThe slope of a roof measured as a ratio of rise over run. The minimum required roof pitch in any residential district is 5:12 for all gable and hip roofs. Dormer roofs may be allowed a lesser roof pitch for a shed roof. Flat roofs are permitted.
[Added 6-28-2018 by Ord. No. 2018-26]
SCHOOL, PRIVATEA duly organized school, other than a public school, giving regular instruction in subjects ordinarily taught in the public schools and not under the jurisdiction of the school district but properly registered with the State of New Jersey.
SIGNAny device or representation for visual communication used as or which is in the nature of an advertisement, announcement or direction, including any letter, work, model, banner, pennant, insignia or trade flag, but excluding any public traffic or directional signs.
SIGN, DIGITAL DISPLAYA freestanding sign erected for the purpose of displaying information or an image using any form of electronic technology, such as light-emitting diodes (LEDs) or liquid crystal devices (LCDs).
[Added 8-21-2014 by Ord. No. 2014-22]
SITE PLANA development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways; 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; and 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 Article 6 of Chapter 291, Law of New Jersey 1975.
SOLAR ENERGY SYSTEM[Added 4-26-2018 by Ord. No. 2018-15]A. A renewable energy system that converts solar energy into usable electrical energy, heats water or produces hot air or similar function through the use of solar collectors which:
(1) Are used to generate electricity; and
(2) Have a nameplate capacity of 100 kilowatts or less;
(3) Includes solar panels, a generator and associated equipment, including any base, foundation, structural support, wire(s), batteries or other components necessary to fully utilize the solar generator.
B. For the purposes of solar energy systems only, the following definitions shall apply:
(1) OWNERThe individual, entity and/or property owner that intends to own and operate the solar energy system in accordance with §
102-118.9. Should the property owner be different than the owner or entity who intends to own and operate the solar energy system, the property owner shall provide written consent to the operator to make application for and operate such solar energy system.
(2) TOTAL HEIGHTThe vertical distance from finished grade to the highest point of the solar energy system, including all related apparatus and associated.
STORYThat part of any building comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the highest finished floor and the top of the roof beams.
STORY, HALFAny space partially within the roof framing where the clear height of not more than 75% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.
STREETAny street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, which is shown upon a plat heretofore approved pursuant to law, which is approved by official action as provided by this chapter or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats. The word "street" includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET, CENTER LINE OFA line which is usually at equal distances from both street lines or rights-of-way lines.
STREET, COLLECTORA street which carries traffic from minor streets to the major system of arterial streets. "Collector streets" shall include the principal entrance streets(s) of a residential development and streets for circulation within such a development.
STREET LINEThe dividing line between a lot and a public street, road or highway or between a lot and a private street, road or way over which two or more dominant estates have the right-of-way.
STREET, LOCALA street which is used primarily for access to the abutting properties.
STREET, MARGINAL ACCESSA street which is parallel to and adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic.
STRUCTURAL ALTERATIONAny change in the supporting members of a building or any substantial change in the roof or in the exterior walls.
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.
SUBDIVIDERAny individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
SUBDIVISIONA. The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development, except that the following divisions shall not be considered "subdivisions"; provided, however, that no new streets or roads or the extension of water, sewer or drainage lines or other municipal improvements are involved:
(1) Divisions of property by testamentary or intestate provisions or divisions of property upon court order.
(2) Divisions of property having more than one single- or two-family dwelling constructed and occupied prior to the adoption of the Zoning Ordinance, which division does not meet the lot size and area requirements of the Zoning Ordinance but which will result in one single- or two-family dwelling on each separate lot, provided that:
(a) Said division shall not result in one or more vacant lots.
(b) The property to be divided is in single ownership.
(c) Said division shall result in not more than three lots fronting upon an existing street.
(d) Each lot shall have its own sewer and water connection connected to an approved public system.
B. Subdivision also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.
SUBDIVISION COMMITTEEA committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of reviewing subdivisions 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.
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 10-28-2021 by Ord. No. 2021-21]
SUBDIVISION, "BY RIGHT"Any minor subdivision not requiring any variances at the time of submission without any new right-of-way or streets proposed.
[Added 10-28-2021 by Ord. No. 2021-21]
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 40% of the market value of the structure before the damage occurred. "Substantial damage" also means flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 40% of the market value of the structure before the damages occurred.
[Added 4-16-2015 by Ord. No. 2015-14]
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition, or other improvement of a structure, during a ten-year period, the cost of which equals or exceeds 40% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
[Added 4-16-2015 by Ord. No. 2015-14]
A. 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 ensure safe living conditions; or
B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
THEATER, ADULT MOTION-PICTUREA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown which are characterized by depiction or description of obscene material as the same as defined in N.J.S.A. 2C:34-2a(1).
USEAny purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied or any activity, occupation, business or operation carried on in a building or other structure on a tract of land.
USED CAR LOTAn area for the storage and display of used automobiles advertised for sale, including motorcycles, trucks or any other motorized vehicle.
USE, PRINCIPALThe main or primary purpose or purposes for which land, a structure or a building is designed, arranged or intended or for which it may be occupied or maintained under the Zoning Ordinance.
WALLA solid vertical structure with a continuous foundation and made of concrete, masonry, wood-framed stucco finish, or combination of same, which permanently or temporarily prohibits or inhibits unrestricted travel between private properties, or portions of properties, or between the public right-of-way and private property.
[Amended 5-1-2003 by Ord. No. 2003-2]
WINDOW, LEGALA window or portion of a window, including a window either in addition to or as a substitute for mechanical ventilation, which is required by any applicable law or statute or other City codes or ordinances to provide light or ventilation to a room used for living purposes.
YARDAn open, unoccupied space on the same lot with the main building, open and unobstructed from the ground upward.
YARD DEPTH, REARThe mean distance from the rear lot line or its vertical projection to the part of the building that is nearest thereto at any story level.
YARD WIDTH, SIDEThe minimum distance between the side lot line or its vertical projection and the sidewalls of the building.
YARD, FRONTA yard extending the full width of the lot and extending from the front line of the main building projected to the side lines of the lot to the street line.
YARD, REARA yard extending the full width of the lot and extending from the rear line of the lot to the rear line of the main building, projected to the side lines of the lot.
YARD, SIDEA yard extending from the front yard to the rear yard between the main building and the adjacent side line of the lot.
ZONING PERMITA document signed by the administrative officer which is required by ordinance as a condition precedent to commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of the municipal Zoning Ordinance or variance therefrom duly authorized by a municipal agency pursuant to Sections 47 and 57 of the Municipal Land Use Act.