§ 276-7. Definitions and word usage.

For the purpose of this chapter, certain phrases and words are herein described as follows: Words used in the present tense include the future; words used in the singular number include the plural number and vice versa; words used to include the male gender include the female gender and vice versa; the word "used" shall also include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; the word "lot" includes the word "plot" and "premises"; the word "building" includes the word "structure," "dwelling" or "residence"; the word "shall" is mandatory and not discretionary. Any word or item not defined herein shall be used with a meaning as defined in Webster's New International Dictionary of the English Language, unabridged and latest edition. Moreover, whenever a term is used in the chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning as defined in N.J.S.A. 40:55D-1 et seq., unless specified to the contrary in this chapter.

ACCESSORY BUILDING, STRUCTURE OR USE

A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use, is nonhabitable unless specifically permitted herewithin and which is located on the same lot therewith, including, but not limited to, garages, carports, decks, kennels, sheds, nonportable swimming pools, and all roofed structures. Any accessory building attached to the principal building shall be considered part of the principal building.

ADMINISTRATIVE OFFICER

The Secretary to the Planning Board, unless a different municipal official is designated by this chapter to administer certain of the responsibilities and authorities specified for the administrative officer in N.J.S.A. 40:55D-1 et seq.

ADVERSE EFFECT

Conditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on properties such as, but not limited to, inadequate drainage facilities, unsuitable street grades, street locations that fail to compose a convenient system, and failure to provide or make future allowances for access to the interior portion of adjoining lots or for other facilities required by this chapter.

ALLEY

A minor way serving vehicular traffic circulation to more than one lot at the rear or side of a lot otherwise abutting on a street.

ALTERATIONS

A change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.

AMUSEMENT ARCADE

A building used to house small kiddie coin-operated amusement rides, pinball, video and other such electronic games and/or amusement games of skill and chance. Amusement arcades are intended to be nonnuisance activities oriented to the family resort character of the City.

AMUSEMENT PIER

A pier used as a promenade and upon which may be located those commercial uses associated with amusement and recreation within the limits of this chapter.

APPLICANT

The landowner or the agent, optionee, contract purchaser or other person authorized in writing to act for the landowner submitting an application under this chapter.

APPLICATION COORDINATOR

The Application Coordinator of the City of North Wildwood, Cape May County, New Jersey.

APPLICATION FOR DEVELOPMENT

The application or appeal forms, together with the required fees and all accompanying documents required by this chapter, for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.

AUTOMOBILE SALES LOT

An open area, other than a street, which is used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

BASE FLOOD ELEVATION

As defined in § 252-1 of the Code of the City of North Wildwood.

BASEMENT

That portion of a building partly below and partly above grade and having 1/2 or more of its height above grade.

BEDROOM

A room planned or used primarily for sleeping.

BILLBOARD

Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than on a building or the grounds to which the advertising applies.

BOARD

The Planning Board of the City of North Wildwood.

BOARDWALK

A public right-of-way located along the beach or ocean front, portions of which are elevated and portions of which are at grade, constructed of wooden or composite boards or concrete or asphalt or similar material, and supported by wooden or concrete piles that is used for the purpose of pedestrian traffic to promenade along the beach front and as access to amusement piers, stores and commercial establishments and such other public and semipublic buildings. The definition of "boardwalk" also shall include all appurtenant access ramps and stairs.

BUFFER AREA or LANDSCAPE SCREEN

A visual and auditory barrier at least five feet in width between adjoining lots or site uses composed of evergreen growth arranged to form a low-level screen planted to an initial height minimum of two feet on five-foot centers and a high-level screen planted to an initial height minimum of five feet on ten-foot centers.

BUILDING

Any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers, walls and/or air and intended for the shelter, business, housing, or enclosing of persons, animals or property.

BUILDING HEIGHT

As to nonresidential buildings, "building height" shall be the vertical distance measured to the highest point of the building from base flood elevation. As to residential buildings, "building height" shall be the vertical distance measured to the highest point of the building from base flood elevation or from the "best available flood hazard data elevation" (as that phrase is defined in § 252-1), whichever is more restrictive.

BUMP-OUTS/OVERHANGS

An extension of a room, building, roof, porch, eave, window, bay window, etc., that creates a projection in a wall, or which extends beyond the exterior walls of the building itself.

CARTWAY

The hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion of the paved or graded width.

CELLAR

That portion of a building partly below and partly above grade and having at least 1/2 its height below grade.

CHILD-CARE CENTER

Any facility which is maintained for the care, development and supervision of six or more children who attend the facility for less than 12 hours a day and which offers such programs as child-care centers, day-care centers, drop-in centers, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employment-related centers, and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth. A child-care center shall not offer programs operated in the day-care center by a public or private day school of elementary and/or high school grade, special activity programs for children, youth camps, and/or religious classes or centers.

CITY

City of North Wildwood, Cape May County, New Jersey.

CLUB FACILITIES

The facilities of an organization formed for the primary purpose of fraternal, social, educational or charitable group activities as opposed to individual or corporate business formed for profit.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon and designed and intended for the ownership, use or enjoyment of the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.

COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES

As defined by N.J.S.A. 40:55D-66.2, as amended.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED

As defined by N.J.S.A. 40:55D-66.2, as amended.

COMMUNITY RESIDENCE FOR THE TERMINALLY ILL

As defined by N.J.S.A. 40:55D-66.2, as amended.

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE

As defined by N.J.S.A. 40:55D-66.2, as amended.

COMPLETE APPLICATION

An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board, when so certified by the Board or its authorized designee as indicated in Article VIII of this chapter. In the event the application is not certified to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period for action by the Board unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the Board or its authorized designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its designee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.

CONDITIONAL USE

A 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 or operation of such use as specified in this chapter.

COVERAGE, BUILDING

The square footage or other area measurement by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the foundation and including the area under any roof extending more than two feet beyond the foundation.

COVERAGE, LOT

The square footage or other area measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s). All parking spaces and lots, paved or unpaved, swimming pools and other bodies of collected water, buildings, roads, driveways and walkways, tennis courts, patios, and any other structure, or on-site material or ground condition that does not permit the natural absorption and permeation by soils of water shall be included in the computation of lot coverage.

DAYS

Calendar days.

DEVELOPMENT

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

DRAINAGE AND UTILITY RIGHT-OF-WAY

The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, or lands 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.

DWELLING UNIT

A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling shall be self-contained and shall not require passing through another dwelling unit or indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.

A. 

DETACHED SINGLE-FAMILY

A building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit which has its own sleeping, sanitary and general living facilities.

B. 

ACCESSORY APARTMENT UNITS

A single additional dwelling unit within a single-family detached dwelling which shall contain at least two rooms and have sanitary and cooking facilities for the exclusive use of its occupant. Said unit shall be no more than 25% of the net habitable floor area of the principal dwelling unit and shall be a minimum of 500 square feet in area.

C. 

APARTMENT

A building occupied or intended to be occupied exclusively for residence purposes by three or more housekeeping units living independently of each other and each with its own cooking and sanitary facilities.

D. 

BED-AND-BREAKFAST

Any private residence which has been adapted or converted to offer a homestyle place of lodging that provides 10 or fewer separate dwelling units as defined by the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq., for transients and individual sleeping accommodations for 25 or fewer persons, is occupied by the owner of the facility as his or her place of residence during any time that the facility is used for the lodging of guests, does not allow any guest to remain for more than 30 successive days or more than 30 days of any period of 60 successive days, does not offer food to the general public, and in which the only meal served to guests is breakfast. The use must be registered with the New Jersey Department of Community Affairs.

E. 

HOTEL or MOTEL

A building which contains six or more hotel units and/or dwelling units which are designed or intended to be used, let or hired out for compensation for transient occupancy by the public at large; contains a public lobby or public registration officer serving the guest rooms as the case may be; may contain one or more dining rooms; and has full-time on-site management. Each unit shall include a minimum of two rooms; a bedroom and a separate bathroom. No more than 25% of the units shall include cooking facilities within said unit. This definition shall also mean and include any motor hotel or motel, as the case may be, provided that this definition shall be construed to include any building or structure defined as a multiple dwelling with the New Jersey Department of Community Affairs (as required under the Hotel and Multiple-Dwelling Health and Safety Law, N.J.S.A. 55:12A-1 et seq.) and occupied or intended to be occupied as such.

F. 

RESIDENTIAL FLAT

A residential dwelling unit situated on the second floor above permitted nonresidential uses in the CBD Central Business District in accordance with the applicable provisions of this chapter.

G. 

SEMIDETACHED

Two buildings on two adjacent lots joined by a party wall, each containing one dwelling unit with its own sleeping, cooking and sanitary facilities, and which is occupied or intended to be occupied for residence purposes by one housekeeping unit.

H. 

TOWNHOUSE

One building containing at least three, but no more than eight, connected dwelling units, where each dwelling unit is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof design, color, exterior materials, and other features, singularly or in combination. Each dwelling unit may be a maximum of 2 1/2 stories, but nothing in the definition shall be construed to allow one dwelling unit over another; i.e., there shall be no more than one dwelling unit in any vertical plan.

I. 

TWO-FAMILY

A building occupied or intended to be occupied exclusively for residence purposes by two housekeeping units living independently of each other and each with its own cooking and sanitary facilities.

EASEMENT

A right to use the real property of another created by deed or other legal means, for the benefit of private persons or the public, for one or more specific purposes such as access, drainage, conservation, or provision of utility services.

FAMILY DAY-CARE HOME

Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child-care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:

A. 

A child being cared for is legally related to the provider; or

B. 

The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.

FENCE

A structure erected as a barrier to access to or from a part or whole of a property, including walls, screens or hedges intended to be a fence.

FLOODPLAIN

The relatively flat area adjoining the channel of a natural stream or body of water which has been or may be hereafter covered by floodwater.

FLOOR AREA RATIO (FAR)

The ratio of the gross floor area to the area of the lot or tract.

FLOOR AREA, GROSS (GFA)

The plan projection of all roofed areas on a lot multiplied by the number of full stories under each roof section, provided that the area under any roof overhang of two feet or less shall not be included in the GFA calculation. Basements which satisfy applicable construction code definitions of habitable space are included in the GFA for residential uses. The gross floor area of a townhouse, apartment or other attached structure shall be measured from the center of the interior walls and the outside or exterior walls.

FLOOR AREA, NET HABITABLE (NHFA)

The actual occupied area fully enclosed by the inside surfaces of walls, windows, doors and partitions, including working, living, eating, cooking and sleeping areas, but excluding garages, carports, parking spaces, halls, storage areas, closets, bathrooms, cellars, half-stories and unfinished attics and basements.

FULL-SERVICE RESTAURANT

Any establishment having a separate kitchen and containing a minimum of 100 seats at which food is sold primarily for consumption on the premises and within a building, serving full course meals, offering soups, salads, main entrees, and desserts and utilizing nondisposable dinnerware such as china and nondisposable flatware such as silverware.

GARAGE, PRIVATE

An accessory building or structure or portion of a main building or structure used for the storage of four or less passenger motor vehicles owned by the occupants of the principal building only without the provision for repairing or servicing such vehicles for profit.

GARAGE, PUBLIC

A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles customarily used for private transportation, local school buses on commercial vehicles.

GARAGE, REPAIR

Any building, premises and land in which, or upon which, a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

GRADE

A reference plane representing the average of finished ground elevation adjoining a building at all exterior walls.

HOME OCCUPATION

An occupation, including, but not limited to, any licensed profession conducted in a dwelling unit subordinate to its residential use, provided that:

A. 

Such occupation may be pursued in the principal dwelling unit structure or in a secondary building which is accessory to such principal building or structure.

B. 

The use of the property for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the net habitable floor area of all structures shall be used in the conduct of the home occupation.

C. 

No person other than members of the household residing on the premises plus one secretary or other assistant shall be engaged in the occupation.

D. 

The residential character of the lot and building shall not be changed; no occupational sounds shall be audible outside the building; and no equipment shall be used which will cause interference with radio or television reception in neighboring residences. No display of products shall be visible from the street, nor shall any materials be stored outside the dwelling unit.

E. 

The home occupation shall not generate the business or care of more than two clients at any one time and shall be by appointment only. The home occupation shall not include the breeding, raising, care, boarding or maintenance of animals.

F. 

The home occupation shall not necessitate the need to park more than one vehicle at any time in addition to those ordinarily used by the residents of the home. Said vehicles shall be limited to passenger automobiles and/or other vehicles not exceeding a three-fourths-ton capacity and must be parked off-street. The home occupation shall not reduce the parking or yard requirements of the dwelling. There may be parked on the premises not more than one vehicle owned or operated in conjunction with the home occupation. No other vehicle(s) owned or operated in conjunction with the home occupation shall be parked overnight, stored or repaired, either on- or off-premises, within a residential zone, and no such vehicle(s) shall be parked overnight or stored on a street.

G. 

The applicant shall have applied for and received minor site plan approval from the Planning Board in accordance with the applicable requirements of this chapter.

H. 

The following uses do not constitute a home occupation in this chapter: real estate agents, the maintenance and operation of a private school or day-care center; beauty parlor; barber shop; private sanitorium; health institute; clinic or hospital; nursing home; lodging or boarding home; collection, storage and sale of goods; house of worship; or any use constituting a commercial enterprise.

I. 

Family day-care homes shall be deemed to be a home occupation in any residential district in which home occupations are a permitted accessory use and shall be subject to the same restrictions applicable to all other home occupations stated herein.

J. 

One one-square-foot wall-mounted sign shall be permitted on the first floor.

HOSPITAL

Unless otherwise specified, a sanitarium, sanitorium, preventorium, clinic, rest home, nursing home, convalescent home and any other facility containing beds for four or more patients and used for the diagnosis, treatment or other care of human ailments. The term "hospital" shall not include the offices of a doctor.

HOTEL or MOTEL

A building which provides temporary lodging in the form of rooms which are rented to the general public on a daily or weekly basis, but not for more than 30 days, and which are not intended to be occupied or used for any primary residential purpose, either temporary or permanent. The building contains a front desk area which is maintained in order to serve guests and the public, and which provides a manager and/or front desk staff meeting the requirements of state lodging laws and state swimming pool regulations are employed to provide these services. The building provides maid service and other room amenities, including linens and towel service, in a quality manner expected from the travelling public. The building utilizes advertisement for motel/hotel-like services in an appropriate NSDIA manner promoting the motel/hotel to the general public. The building generates sales and use tax, tourism tax and tourism fees on revenue generated from the above sales and services are paid. An annual mercantile license is obtained from the municipality for the operation of the building in the aforementioned manner. This definition shall also mean and include any building or structure defined as a multiple dwelling with the New Jersey Department of Community Affairs (as required under the Hotel and Multiple Dwelling Health and Safety Law, N.J.S.A. 55:13A-1 et seq.), which is occupied or intended to be occupied as a hotel or motel.

HOUSEKEEPING UNIT

One or more persons living together in one dwelling on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.

INSTITUTION

An organization founded for the promotion of a cause, including only medical, educational, correctional, religious, and social service organizations serving the public at large and chartered as a public, governmental or eleemosynary institution.

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey or, 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, on enjoy property is or may be affected by any action taken under the provisions of this chapter, or whose rights to use, acquire or enjoy property under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or this chapter, or under any other law of this state or of the United States, have been denied, violated or infringed upon by an action or a failure to act under the provisions of this chapter.

JUNKYARD

Any space, whether inside or outside a building, used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, salvage, resale or abandonment of automobiles or other vehicles or machinery or parts thereof.

LOADING SPACE

An off-street parking space or berth, either within a structure or in the open and on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading, with at least 14 feet of vertical clearance but, in any case, sufficient clearance for the use intended. The minimum size loading space shall be 12 feet by 45 feet.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit, provided that no portion of an existing public street shall be included in calculating a lot boundary or lot area. The word "lot" includes the words "plot" and "premises."

LOT AREA

The area contained within the lot lines of a lot not including any portion of a street right-of-way. 10% may be under water.

LOT DEPTH

The perpendicular distance between the street line or front lot line and a line drawn parallel thereto through the midpoint of the rear lot line.

LOT FRONTAGE

The distance between the side lot lines measured along the street line. The minimum lot frontage shall be the same as the minimum lot width, except that where the lot frontage is a curve with an outside radius of less than 500 feet, the minimum frontage shall not be less than 75% of the minimum lot width. In the case of a corner lot, the side of the lot with the smallest distance adjacent a street shall be considered the lot frontage.

LOT LINE

Any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street.

LOT, CORNER

A lot abutting the intersection of two or more streets, where the interior angle of intersection does not exceed 135°. Each corner lot shall have two front yards, one side yard and one rear yard, the side and rear yard to be designated at the time of application for a construction permit.

LOT, INTERIOR

A lot other than a corner lot.

LOT, WIDTH

The straight line horizontal distance between side lot lines at setback points on each side lot line measured from the street line at the minimum required building setback line. When the side lot lines are not parallel, the minimum lot width at the setback line shall not be less than 75% of the minimum lot frontage for the zoning district in which the lot is located.

MALL

A public promenade or pedestrian way which may be enclosed or open.

MARINA

A small harbor, inlet or boat basin devoted to the purpose of providing docks, berths, slips or tie-ups for boats and small pleasure craft and of providing services for said boats and craft.

METHADONE CLINIC

A facility offering outpatient methadone maintenance services. Consistent with N.J.S.A. 40:55D-66.1, a methadone clinic is deemed to be a business or commercial operation or the functional equivalent thereof and shall not be construed as ancillary or adjunct to a doctor's professional office.

MUNICIPAL AGENCY

The Planning Board, Board of Adjustment or City Council, on any other agency created or responsible to one on more municipalities, when acting pursuant to N.J.S.A. 40:55D-1 et seq.

NONCONFORMING BUILDING OR STRUCTURE

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

NONCONFORMING LOT

A lot, the area, dimension, or location of which was lawful prior to the adoption, revision or amendment of this chapter, 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 USE

A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, 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.

NUISANCE

An offensive, annoying, unpleasant or obnoxious thing or practice; a cause or source of an annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristic of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things such as and including but not limited to noise; dust; smoke; fumes; odor; glare; flashes; vibration; shock waves; heat; electronic or atomic radiation; objectionable effluent; noise of congregation of people, especially at night; passenger traffic; transportation of things by truck, rail or other means; and invasion of nonabutting street frontage by parking.

OFF-SITE

Located outside the lot lines of the property in question, but within the property (of which the lot is a part) which is the subject of a development application, or on a contiguous portion of a street right-of-way or drainage or utility easement.

OFF-TRACT

Not located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way or drainage or utility easement.

ON-SITE

Located on the lot in question.

ON-TRACT

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

OPEN AIR DECK/PORCH

An elevated structure which may be made of materials such as perimeter foundation, raised deck or slab and may include steps and a railing, but no side or front walls. An open porch must be attached to the principal building.

OPEN SPACE ORGANIZATION

An incorporated, nonprofit organization operating in a planned development under recorded land agreement providing that each owner is automatically a member; each occupied dwelling unit is automatically subject to a charge for proportionate share of expenses for the organization's activities and maintenance, including any maintenance costs levied against the organization by the City; and each owner and tenant has the right to use the common property.

PARKING SPACE

An area not less than nine feet wide by 18 feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for dwelling units from being considered off-street parking areas, provided that no portion of such driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicle, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

PARKLET

A small seating area or green space created as a public amenity on or alongside a sidewalk, especially in a former roadside parking space.

PERFORMANCE GUARANTEE

Any security, in accordance with the requirements of this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.

PERMITTED USE

Any use of land or buildings as permitted by this chapter.

PERSON WITH HEAD INJURY

As defined by N.J.S.A. 40:55D-66.2, as amended.

PIER

A structure extending over land or water for use as a docking place on promenade.

PLANNED DEVELOPMENTS

A. 

PLANNED COMMERCIAL DEVELOPMENT

An area of land of at least five contiguous blocks designated on the Zoning Map where a residential/commercial development, as a single entity and according to a plan, is permitted.

PRINCIPAL BUILDING, STRUCTURE OR USE

A building, structure or use which is the main or primary building, structure or use on the lot.

PUBLIC PARKING LOT

Any building, structure, outdoor space, uncovered plot, place, lot, parcel, yard, or enclosure, or any portion thereof, where motor vehicles may be parked, stored, housed or kept, for which any charge is made, and which is open to the general public.

PUBLIC PURPOSE USE

The use of land or buildings by the governing body of the City or any officially created authority or agency thereof.

RECYCLING AREA

Space allocated for collection and storage of source-separated recyclable materials.

RESIDENTIAL FLAT

A residential dwelling unit situated above permitted nonresidential uses in the GB General Business and B Boardwalk Districts in accordance with the applicable provisions of this chapter.

RESTAURANT

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

RESTAURANT, DRIVE-IN OR TAKE-OUT

Any retail food establishment such as a restaurant, refreshment stand, snack bar, dairy bar, hot dog or hamburger stand where food is served primarily for consumption at counters, stools or bars outside the building or primarily for consumption in automobiles parked on the premises or off the premises, whether brought to said automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the buildings; however, no transaction may be made on the street or sidewalk.

RESUBDIVISION

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.

SATELLITE DISH ANTENNA

Any apparatus which is designated for the purpose of receiving television, radio, microwave, satellite, on other similar signals, with the exception of conventional television antennas. Said definition shall not include any antennas used for the purpose of the transmission of signals.

SERVICE STATIONS

Lands and buildings providing for the sale of automotive fuel, lubricants, and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the storage of inoperable, wrecked or unregistered vehicles shall be permitted. Additionally, no car wash operation, car or truck rental, parking for a fee or other activity not specifically a part of the service station use shall be permitted.

SETBACK LINE

A line drawn parallel with a street or lot line and drawn through the point of a building nearest to the street line on lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line. Eaves, cornices or overhangs more than 10 feet above lot grade may project into yard setback areas a maximum of 12 inches. In order to create an aesthetically pleasing building facade along the side of a building which fronts a street, bay windows or other architectural detailing more than 10 feet above lot grade may extend into the front yard setback a maximum of 12 inches.

SIGHT TRIANGLE EASEMENTS AT INTERSECTION

A triangular area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than 30 inches above the street center line except for street signs, fire hydrants and light standards.

SIGN

Any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illumination, insignia or other visual communication is used to advertise or promote the interest of any person, products or service when the same is placed in view of the general public.

SITE PLAN

A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not 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 concerning the adequacy of the plan in accordance with the requirements of this chapter.

A. 

MAJOR SITE PLAN

Any development plan not classified as a minor site plan.

B. 

MINOR SITE PLAN

Any development plan which is limited to the proposed construction of any permitted accessory use(s) other than fences and signs, such as a home occupation or off-street parking area, as such accessory uses are specifically permitted in Article IV of this chapter, or any development plan consisting of an expansion of, or addition to, an existing conforming structure and/or use not exempted from site plan review by § 276-63B(1) of this chapter and not accounting for more than 10% additional building coverage and not exceeding more than 2,500 square feet of enclosed and roofed area; providing that such development plan does not involve a planned development, the installation of any road improvements or the expansion of public facilities and does not adversely affect the development of an adjoining property or properties.

STAIR LANDING

A level floor or platform constructed at a location where the direction of stairs changes, between flights of the stair, or at the top of stair flight.

STORY

That portion of a building included between the upper surface of any floor and the upper surface of the next floor above it or, if there is no floor above it, then the surface between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling. Moreover, cellars and basements shall be considered stories when considering the height of a building, unless said areas are used solely for ancillary storage. A "half-story" is the area under a pitched roof at the top of a building, the floor of which is at least four feet, but no more than six feet, below the plate.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown on a plat heretofore approved, pursuant to law, or which is approved 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; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line.

STREET LINE

The edge of the existing or future street right-of-way, whichever may result in the widest right-of-way, as shown on the adapted Master Plan or Official Map, forming the dividing line between the street and a lot. The right-of-way of all City streets shall be at least 50 feet.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above, or below the surface of a parcel of land, including but not limited to buildings, fences, standards, signs, towers, tanks, swimming pools, tennis courts and piers.

SUBDIVISION

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: divisions of land found by the Planning Board to be for agricultural purposes when all resulting parcels are five acres on more in size; divisions of property by testamentary on intestate provisions, provided the division is in conformity with the applicable ordinance requirements; divisions of property upon court order, including, but not limited to, judgements of foreclosure; consolidation of existing lots by deed or other recorded instrument; and 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 all requirements of the City of North Wildwood municipal development regulations and which are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the City of North Wildwood. The term "subdivision" shall also include the term "resubdivision."

A. 

MINOR SUBDIVISION

Any division of land for the creation of not more than three lots (two new lots and the remaining parcel), each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of City facilities; not involving any streets requiring additional right-of-way width as specified in the Master Plan or Official Map and/or the street requirements of this chapter, unless such additional right-of-way width, either along one or both sides of said street(s), as applicable, shall be deeded to the City or to the appropriate governmental authority prior to classification as a minor subdivision; not involving planned development; not involving any required off-tract improvements; not adversely affecting the development of the remainder of the parcel or adjoining property; not being a further division of an original tract of land for which previous subdivision(s) have been approved by the City within the current calendar year and where the combination of the proposed and previously approved minor subdivision(s) constitute a major subdivision; and not being deficient in those details and specifications required of minor subdivisions as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of this Land Development Ordinance as shown on the City Tax Maps. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision for purposes of the application and review requirements specified in § 276-64 of this chapter.

B. 

MAJOR SUBDIVISION

Any division of land not classified as a minor subdivision.

SWIMMING POOL, PRIVATE RESIDENTIAL

A swimming pool, other than a wading pool, whether portable or fixed, that is located on a lot principally used for a dwelling unit by one housekeeping unit, and including all buildings, structures, and equipment appurtenant thereto.

SWIMMING POOL, PUBLIC

Any pool other than a private residential swimming pool designed to be used collectively by persons for swimming and bathing purposes, including pools designed as part of any hotel or motel use or apartment or townhouse development.

SWIMMING POOL, WADING

A swimming pool that is not permanently installed and meets all of the following criteria: does not require water filtration, circulation and purification; does not exceed 18 inches in depth; does not exceed a water surface of 100 square feet; and does not require braces or supports. Portable swimming pools are not subject to this chapter.

TATTOO or TATTOOING

Any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin by means of application of any chemical, dye or any other substance that results in the temporary or permanent coloring of the skin without regard to the type of instrument that is used to apply to or under the skin the chemical, dye or other substance or the method by which said chemical, dye or other substance is applied to or under the skin.

TATTOO PARLOR

Any place or establishment where tattooing is performed.

TAVERN or BAR

An establishment used primarily for the sale or serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.

TRACT

An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by one existing public street and still be considered one tract, provided that the street is not an arterial road and that a linear distance equal to more than 75% of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street.

TRAVEL TRAILER

A vehicular portable structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation and other short-term uses which may contain cooking, sleeping and sanitary facilities, such as a camper, house trailer, or motor home.

VARIANCE

Permission granted to an applicant for development by the Planning Board, to depart from the literal requirements of the zoning provisions of this chapter.

WATER-DEPENDENT

Development that cannot physically function without direct access to the body of water along which it is proposed. Uses, or portions of uses, that can function on sites not adjacent to the water are not considered water-dependent, regardless of the economic advantages that may be gained from a waterfront location. The test for water-dependency shall assess both the need of the proposed use for access to the water and the capacity of the proposed water body to satisfy the requirements and absorb the impacts of the proposed use. A proposed use will not be considered water-dependent if either the use can function away from the water or if the water body proposed is unsuitable for the use.

WATER-ORIENTED

Development that serves the general public and derives economic benefit from direct access to the water body along which it is proposed, such as a hotel or restaurant, if it takes full advantage of a waterfront location. An assembly plant could be water-oriented if overland transportation is possible but water-borne receipt of raw materials and shipment of finished products is economically advantageous.

YARD, FRONT

An open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard shall be the same as the required setback.

YARD, REAR

An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines.

YARD, SIDE

An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved lot lines.