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West Cape May City Zoning Code

§ 27-6

DEFINITIONS.

[Ord. No. 130-88 § A6; Ord. No. 375-07 § 2; Ord. No. 396-07 § 2; Ord. No. 420-08; Ord. No. 420-09 § 27-6; Ord. No. 500-2015; Ord. No. 539-2018; amended 9-13-2023 by Ord. No. 632-23]
For the purposes of this chapter, the following terms, phrases and words shall be defined as follows: Words in the plural shall include the singular. Words used in the present tense shall include the future. The word "shall" is always mandatory and not discretionary. The word lot shall include the words plot, premises and tract. The word used shall include the words arranged, designed, constructed, altered, converted, rented, leased or intended to be used. The word building shall include the words structure, dwelling, and residence. Any word, phrase or term not defined in this chapter shall have its meaning of standard or common usage.
ACCESSORY BUILDING
Or use shall mean a building or use which is located on the same lot as the principal building or use and which is subordinate and customarily incident to the principal building or use. An accessory building which is attached to the principal building shall be considered part of the principal building and shall not be considered as an accessory building.
ACCESSORY DWELLING UNIT
Shall mean a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters, and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building.
AFFORDABLE HOUSING UNIT
Shall mean a residential dwelling unit that qualifies toward the Borough's affordable housing obligation as set forth in the Borough of West Cape May Housing Element and Fair Share Plan.
ALTERATION
Shall mean any change in, enlargement of, rearrangement or addition to a building.
APARTMENT BUILDING
Shall mean a building other than a hotel, motel or tourist/guest house which offer residential dwelling units for rent primarily intended for permanent occupancy.
APPLICANT
Shall mean any person, firm or entity having sufficient interest in a parcel or parcels of land and submitting an application for development under the provisions of this or the Subdivision and Site Plan Ordinances of the Borough of West Cape May.
APPLICATION FOR DEVELOPMENT
Shall mean the application forms and all accompanying documents required by this chapter or the Subdivision and Site Plan Ordinances of the Borough for approval of a subdivision, site plan, conditional use, planned unit development, zoning variance or direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
AWNING
Shall mean an architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable.
BED AND BREAKFAST, GUEST HOUSE
Shall mean overnight accommodations with or without as morning meal provided to guests for compensation, which is designed, intended and used for transient travelers and not for permanent residency.
BEDROOM
Shall mean a room planned, used, designed or situated so as to be used primarily for sleeping.
BUILDING
Shall mean any structure or addition to an existing structure having a roof and adopted to or intended for the shelter or occupancy of persons, animals, property or a business use. When used herein, "building" and "structure" shall be interchangeable except where the context dearly indicated otherwise.
[Amended 9-13-2023 by Ord. No. 632-23]
BUILDING FRONT
Shall mean that part of a building facing a street or pedestrian walkway and which contains its principal entrance as indicated from the building's layout.
BUILDING HEIGHT
Shall mean the vertical distance measured to the highest point of a building from the natural grade of the lot on which it is located as measured at the edge of the public right-of-way. Maximum height limitations shall not be applicable to customary appurtenances not used for living or business area such as antennas, heating and air conditioning units or chimneys.
CANOPY
Shall mean a multi-sided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns.
CARTWAY
Shall mean that portion of a street or right-of-way which is paved.
COMMON PROPERTY
Shall mean a portion or piece of a lot, tract or other property, together with the improvements thereon, designated and intended for the ownership use of enjoyment of the residents or occupants of the particular development.
CONDITIONAL USE
Shall mean a use which is permitted in a particular zoning district only upon a showing that such use complies with the specific provisions therefor in a particular zoning district and approval therefor by the Planning Board.
DEVELOPMENT
Shall mean the division of a parcel into two or more parcels, the resubdivision of a parcel and the construction, reconstruction, conversion, alteration or enlargement of any building or other structure, or any mining, excavation or any use or change in use of any building, structure or land or extension of the use of land.
DWELLING
Shall mean:
a. 
Single family dwelling shall mean a dwelling designed for occupancy by one family and containing one dwelling unit.
b. 
Duplex dwelling or two-family dwelling shall mean a dwelling designed for occupancy by two families and containing two dwelling units.
c. 
Dwelling unit shall mean a room or series of connecting rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit.
FARM
Shall mean land which is actively devoted to agricultural, horticultural or livestock use, including, but not limited to, cropland, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and certain farm buildings and other enclosures related to agriculture pursuits. A farm may also include one farm residence for occupancy by the owner or operator of the farm.
[Ord. No. 500-2015]
FARM BUILDINGS
Shall mean buildings and activities incidental to farms such as: stables, barns; packing, grading and storage buildings for produce; buildings for the keeping of poultry and livestock; and garages for the keeping of equipment and trucks used in farm operations.
FARM, HORSE
Shall mean a farm that is primarily used for the breeding and boarding of horses and/or riding horses for recreation or competition, and does not meet the definition of horses for personal recreational use herein.
FARM RESIDENCE
Shall mean a dwelling, on a farm property and accessory to the farm operations, used as a full-time residence by the owners or operators of the farm.
[Ord. No. 500-2015]
FLOOR AREA RATIO (FAR)
Shall mean the sum of the gross floor area of all floors of buildings or structures compared to the total area of the site.
GARAGE
May be either attached to the principal structure or detached from the principal structure. The floor area of a garage shall be included when calculating lot coverage. The floor area of the garage will not be included when calculating gross floor area. If the garage has habitable space, the habitable space will also be included when calculating gross floor area.
GREEN ROOF
Shall mean an engineered roofing system that enables the growth of vegetation. Green roofs greatly reduce stormwater runoff, decrease the cost of heating and cooling, and provide an additional amenity for units.
GREEN ROOF, EXTENSIVE
Allows for low level and low maintenance planting and requires little or no additional structure.
GREEN ROOF, INTENSIVE
Allows for major plantings such as grasses, bushes and trees. Because intensive green roofs allow for higher maintenance plantings, they require more structure and support than a standard roof.
GROSS FLOOR AREA (GFA)
Shall mean the total habitable floor area contained within the outermost surfaces of the house structure, including hallways, closets, stairs, columns and wall thickness.
GUEST HOUSE.
See Bed and Breakfast.
HOME OCCUPATION
Shall mean that which is customarily carried on in a detached residential living unit or accessory building thereto and which is clearly incidental to and secondary to the primary residential use. Home occupations may include a single doctor's office, single dentist's office, single lawyer's office, area for sewing taken in by a resident, sharpening service, and professional business office operated solely by a single resident of the property. Whether any other uses shall be allowed as home occupations shall be determined by the Planning Board in accordance with the customary, incidental and secondary standards set forth herein. No home occupation shall be permitted any signs. No home occupation may utilize more than 400 square feet or 25%, whichever is less, of the principal structure or accessory structure, but not both. No home occupation shall have the exterior storage of any products, goods or equipment nor shall it involve any employees on the property other than one of the residents of the property.
HORSES FOR PERSONAL RECREATIONAL USE
Shall mean horses used solely for the enjoyment of occupants of the principal residential use.
HOTEL AND MOTEL
Shall mean a dwelling having three or more individual sleeping units and which is designed, intended and used for transient travelers and not for permanent residency.
LEED
Shall mean Leadership in Energy and Environmental Design, a Green Building Rating System® developed by the United States Green Building Council as a standard for developing high-performance, sustainable buildings.
LEED SCORECARD
Shall mean a voluntary checklist prepared by the applicant rating the subject application in accordance with the green building standards of the LEED Green Building Rating System.
LOT
Shall mean a designated parcel, tract or area of land established by an approved plat or otherwise established by law and including any improvements thereon. Contiguous undersized lots, under one legal beneficial ownership, shall, however, be considered as one lot once the dimensions thereof comply with the provisions of this chapter.
LOT AREA
Shall mean the area contained within the lot lines of a lot.
LOT, CORNER
Shall mean a lot which occupies the interior angle formed by the intersection of two or more streets.
LOT COVERAGE
Shall mean that area of a lot covered by improvements of any type, which are highly resistant to infiltration by water. It is to be expressed as a percentage.
LOT DEPTH
Shall mean the shortest horizontal distance between the front lot line and a line drawn perpendicular to the front lot line through the midpoint of the rear lot line.
LOT WIDTH
Shall mean the straight and horizontal distance between side lot lines at the front yard setback points on each side lot line.
MARQUEE
Shall mean any hood, canopy, awning or permanent construction that projects from a wall of a building, usually above an entrance.
NONCONFORMING BUILDING OR STRUCTURE
Shall mean a building or structure which is so situated on a lot or is so sized as to not be in conformance with the provisions of this chapter.
NONCONFORMING LOT
Shall mean a lot of record which does not conform with the applicable minimum size, width, depth or frontage requirements for the zoning district in which it is located under the provisions of this chapter.
NONCONFORMING USE
Shall mean a use or activity which was lawful prior to the adoption of this chapter but which does not now conform with the use regulations set forth in this chapter.
OUTDOOR SEATING
Shall mean any part of a food establishment, brewery, or distillery located outdoors, not used for any other purposes, and open to the sky, with the exception that it may have a retractable awning or umbrellas, and may contain furniture, including tables, chairs, railings, and planters that are readily movable.
PARKING SPACE
Shall mean a space not less than nine (9') feet wide by eighteen (18') feet in length designated for the parking of one motor vehicle exclusive of driveways, access drives, drive aisles, and public rights-of-way except that driveways may be utilized as parking spaces for one or two family dwellings provided they meet the applicable size requirements.
PERSONAL AND FINANCIAL SERVICES ESTABLISHMENTS
Shall mean any commercial establishment that provides services to customers, including, but not limited to banks, salons, day spas, fitness centers, dry cleaners and self-service laundromats.
PRINCIPAL USE
Shall mean the main purpose for which a lot or building is used.
RESIDENTIAL DENSITY -
Shall mean the number of dwelling units per gross area or residential land area of a development including new streets, easements, and open space areas.
RESTAURANT
Shall mean an establishment where food and drink are prepared, served, and consumed, mostly within the principal building.
RETAIL STORES
Shall mean establishments engaged in the selling or rental of retail goods or merchandise to the general public, including retail food stores.
ROADSIDE MARKETS, NURSERIES AND GARDEN CENTERS
Shall mean uses devoted to the growing, cultivation, storage, and/or sale of produce, landscaping products, and similar accessory and ancillary products.
ROADSIDE STAND
Shall mean a temporary, seasonal area or structure that is less than 100 square feet, and use for the display and sale of farm products grown exclusively on the property upon which the stand is located.
SETBACK LINE
Shall mean a line drawn parallel with a street line or lot line and drawn through the point of a building nearest to a street line or lot line.
[Amended 5-13-2020 by Ord. No. 580-20; 5-12-2021 by Ord. No. 597-21]
SHOPPING CENTER
Shall mean two or more commercial establishments on one property, managed as a unit and providing retail goods and personal services.
SIGN
Shall mean any object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. Excluded are national and state flags, window displays (but not window signs).
STREET
Shall mean any street, avenue, boulevard, road or other way which is either (a) an existing State, County or Borough roadway; (b) is shown and designated on a plat heretofore approved pursuant to law; or (c) has received final approval therefor pursuant to N.J.S.A. 40:55D-1, et seq.
STRUCTURE
Shall mean anything constructed, assembled or erected for occupancy, use or decoration whether installed on, above, or below the surface of a lot of lots and which includes but is not limited to fences, tanks, towers, signs, stairs, advertising devices, swimming pools, animal enclosures and tennis courts.
[Amended 9-13-2023 by Ord. No. 632-23]
SWIMMING POOL
Shall mean any facility which is constructed, used or maintained to provide facilities for swimming or bathing and which is capable of containing water to a depth of eighteen (18") inches or more.
TOURIST HOUSE
See Bed and Breakfast.
USE
Shall mean the specific purpose for which land or a building or structure is designed, arranged, intended or for which it is or may be occupied or maintained. The term permitted use shall not be deemed to include any nonconforming use.
YARD, FRONT
Shall mean that part of a lot being open space and extending across the entire width of the lot between the front or street line of the lot and the closest point of any building on the lot to the front street line. The depth of the required front yard shall be measured at right angles to the front or street line of the lot across the entire width of the lot.
YARD, REAR
Shall mean that part of a lot being open space and extending across the entire width of the lot between the rear lot line of the lot and the closest point of any building on the lot to the rear lot line. The depth of the required rear lot line of the lot across the entire width of the lot.
YARD, SIDE
Shall mean that part of a lot being open space and extending across the entire length of the lot between each side lot line and the closest point of any building or the lot to each of the side lot lines. The width of each required side yard shall be measured at right angles to each side lot line of the lot across the entire length of each lot.