For purposes of Longport Development Regulations, the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The present tense includes the future; the singular number includes the plural; and the plural includes the singular. The word "shall" is mandatory. The word "may" is permissive. The words "used" and "occupied" include the words "intended, designed or arranged to be used or occupied." The word "zone" includes the word "district" and "district" includes "zone."
The term "such as" shall be considered as introducing a typical or illustrative designation of items and shall not be interpreted as constituting a complete list.
Words not herein defined shall have the meaning given in N.J.S.A. 40:55D-1 et seq., or otherwise in Webster's Unabridged Dictionary. Unless otherwise stated in context, words and phrases set forth in the following section shall have the meanings therein given.
As used in the Borough Development Ordinances, the following terms shall have the meanings indicated:
- ACCESSORY BUILDING
- A building housing an accessory use which has exterior walls,
a fixed roof, and is utilized for the temporary storage of equipment
or material. Pool and bath houses are permitted which consist only
of bath and changing facilities without the capability of cooking
facilities, heat, or temporary housing of occupants. An accessory
building shall not include landscaping or garden furniture. It shall
include playground equipment. Housing of trash facilities for residential
or commercial properties shall be deemed accessory buildings. HVAC
and pool/spa equipment shall be deemed accessory structures and shall
meet the setbacks required for accessory buildings and uses. No accessory
buildings or uses shall be permitted within any front yard setback.[Added 10-15-1997 by Ord. No. 97-17]
- ACCESSORY USE
- A subordinate use to that of the main use or building on
the property which meets the uses as follows:[Amended 10-15-1997 by Ord. No. 97-17]
- ADMINISTRATIVE OFFICER
- The Secretary of the Planning Board in the case of matters involving the Planning Board; the Secretary of the Board of Adjustment in the case of matters involving the Board of Adjustment; the Municipal Clerk in the case of matters involving the governing body; and the Zoning Officer in the case of matters involving the issuance of zoning permits, certificates of occupancy and Zoning Ordinance enforcement.
- An existing road right-of-way as indicated on the Taxing Maps of the Borough of Longport, which act as service road connectors between Atlantic Avenue and Beach Terrace between 12th Avenue and 24th Avenue and have a right-of-way of less than 40 feet. An "alley" shall also include Beach Terrace and Ocean Breeze Terrace as it exists on the Taxing Maps between 12th Avenue and 24th Avenue. For the purposes of this chapter, no new alleys shall be permitted.
- A developer submitting an application for development.
- APPLICATION FOR DEVELOPMENT
- The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, 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-35.
- APPROVING AUTHORITY
- The Longport Borough Planning Board, unless a different agency is designated by ordinance, when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
- A story of a building that is partly underground, having more than 1/2 of its interior height, measured from the floor to the finished ceiling, below the average finished grade of the ground adjoining the building.
- The length of one side of the street between two adjacent street intersections.
- BOARD OF ADJUSTMENT
- The Board established pursuant to N.J.S.A. 40:55D-69.
- BOCA CODE
- Building Officials and Code Administrators Basic Codes, as currently amended.
- The combination of materials to form a structure adapted to permanent, temporary or continuous occupancy by persons, animals or chattels and having a permanent roof. The term "building" shall include "structure" and the term "structure" shall include "building."
- BUILDING COVERAGE
- That percentage of the lot covered by the principal and accessory building.
- BUILDING HEIGHT
- The vertical dimension of a structure or building measured
from the minimum first-floor elevation of the habitable portion of
the structure or building to the highest point of coping for a flat
roof or the highest gable of a pitched or hip roof. For both existing
and proposed structures or buildings, the first-floor elevation shall
not be considered higher than three feet above the base flood elevation
for the lot as depicted on the adopted Digital Flood Insurance Rate
Map (DFIRM).[Amended 7-17-2006 by Ord. No. 2006-12; 8-22-2018 by Ord. No. 2018-14]
- BUILDING LINE
- The line parallel to the street line at a distance therefrom equal to the depth of the required front yard in the district under consideration. In the case of a lot abutting two or more streets, required front yard setbacks from all streets shall be observed.
- BUILDING, PRINCIPAL
- A building in which is conducted the principal use of the lot on which said building is situated.
- CAPITAL IMPROVEMENT
- A governmental acquisition of real property or public funding of major construction.
- CERTIFICATE OF OCCUPANCY
- A document which shall be deemed to authorize and be required for each occupancy and use of the building or land to which it applies and shall continue in effect only so long as such building and the use thereof and the use of such land are in full conformity with the requirements of the Borough of Longport development regulation and any requirement made pursuant thereto. A certificate shall only be issued by the Construction Official upon completion of construction or alteration or prior to any changes in occupancy of a building or land and only after the Zoning Officer is satisfied that said construction or change is in full compliance with the requirements of the municipality's development regulations or a determination of a municipal agency. Maintenance of a valid certificate of occupancy shall be the responsibility of the property owners.
- The system, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and for the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
- CONDITIONAL USE
- The use permitted in a particular zone district only upon a showing that such use in a specified location will comply entirely with the conditions and standards for the location and operation of such use as contained in the Zoning Ordinance of the Borough of Longport and upon the issuance of an authorization therefor by the approving authority. Any conditional use which does not meet all of the conditions as specified in the Zoning Ordinance shall constitute a use variance.
- COUNTY MASTER PLAN
- A composite of the Master Plans for the physical development of Atlantic County, with the accompanying maps, plats, charts and descriptive and explanatory matter, adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-1.
- COUNTY PLANNING BOARD
- The Atlantic County Planning Board.
- A street end treatment closed at one end and having a minimum forty-foot cartway radius turning area at the closed end.
- Calendar days.
- The legal or beneficial owner or owners of a lot or of any land proposed to be included in the proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
- 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; any excavation or landfill; any use or change in use of any building or other structure or land; or the extension of use of land for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
- DEVELOPMENT REGULATION
- A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
- The Division of State and Regional Planning in the Department of Community Affairs.
- The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during and after construction or development as well as structures or works necessary for the prevention or alleviation of flooding.
- DRAINAGE RIGHT-OF-WAY
- The lands required for the installation of stormwater sewers and/or drainage ditches or required along a natural stream, swale or other watercourse for preserving the channel or drainageway and providing for the flow or passage of water therein to safeguard the public from flood damage in accordance with the provisions of the Zoning Ordinance of the Borough of Longport and applicable state regulations and laws. All drainage rights-of-way shall be a minimum of 10 feet in width.
- A building designed or used primarily for family residence having a permanent kitchen and bathroom facility for each family unit. The word "dwelling" shall not include boarding or rooming houses, hotels, motels or other structures designed or used for transient residence.
- DWELLING, MULTIFAMILY
- A building on a lot designed for more than two dwelling units and provided with common spaces and facilities.
- DWELLING, SINGLE-FAMILY
- A building on a lot designed and occupied exclusively as one dwelling unit.
- DWELLING, TWO-FAMILY
- A building on a lot designed for two dwelling units independent of each other.
- DWELLING UNIT
- A building or part of a building used as a dwelling for a single-family, including equipment for cooking or provisions for the same and bathroom facilities.
- ENVIRONMENTAL COMMISSION
- A municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
- The detachment or movement of soil and rock fragments by water, wind, ice or gravity.
- ESSENTIAL SERVICE
- Structures and physical improvements, whether publicly or privately owned, necessary to permit the orderly development of an area, including such facilities as streets, water, sewerage, gas, telephone or electric lines, supporting structures such as manholes and catch basins, pumping stations, solid waste collection stations, transformer stations and utility poles, but not including generating or storage plants, processing stations, maintenance yards, administrative headquarter facilities or housing or quarters for installation, repair or trouble crews.
- EXCAVATION or CUT
- Any act by which soil is cut into, dug, uncovered, removed, displaced or relocated.
- Any number of persons living and cooking together as a single housekeeping unit, but not including more than six persons unrelated by blood, marriage or adoption.
- FENCE or WALL
- A structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and the property.
- FINAL APPROVAL
- The official action of the Planning or Zoning Board taken on preliminarily approved major subdivisions or site plans after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
- FINAL PLAT
- The final map of all or a portion of a subdivision which is presented to the Planning or Zoning Board for final approval in accordance with Longport Development Regulations and which, if approved, shall be filed with the proper county recording officer.
- FLOOR AREA, GROSS
- The sum of the total horizontal areas of the several floors of the principal commercial structure on a lot, excluding basement space unless designed to be used for customary visits by the commercial clientele, but including the area of permanently roofed porches and terraces. All dimensions shall be measured between exterior wall faces or from the center line of party or common walls.
- FLOOR AREA, HABITABLE
- An area fully enclosed by the inside surfaces of permanent walls, windows, doors and partitions and having a headroom in conformance with the BOCA Code, including living, eating, cooking, sleeping, storage, circulation, service, utility and other related household spaces, but excluding garages, carports, porches, unheated sheds and basements. Attics or portions thereof will be considered habitable floor area when they are in compliance with the BOCA Code.
- FLOOR AREA RATIO (FAR)
- Floor area ratio shall be determined by dividing the sum
total of habitable floor area as defined in this section, for each
level of the structure by the total upland area of the lot. In this
calculation, there shall be the following exemption and/or qualifications
in the habitable floor area calculation:[Added 1-16-2013 by Ord. No. 2012-19; amended 9-18-2013 by Ord. No. 2013-17]
- A. Any detached or attached designated garage area is exempted.
- B. Any detached accessory structure utilized for storage or equipment purposes is exempted.
- C. Any area below FEMA base flood elevation utilized solely for building access and not exceeding 100 for stairs or 125 square feet for stairs and elevator is exempted.
- D. Above FEMA base flood elevation, the area allocated to stairways or stairways with elevator shall be included as habitable area for the first floor only. Above the first floor, a maximum exemption in habitable area per floor shall be 100 square feet for stairs only or 125 square feet for stairs and elevator.
- Either a detached building or separate portion of a structure
dedicated to the purpose of providing compliance with the off-street
parking requirements of the developmental regulations. In order to
be considered a garage, the structure must meet the interior special
dimensions as required in the developmental regulations and a dedicated
first floor height of a least seven feet for said vehicle. Structures
not necessary to meet off-street parking space requirements shall
be considered accessory/storage structures and required to meet accessory
building standards.[Amended 1-16-2013 by Ord. No. 2012-19]
- GARAGE, PRIVATE
- A building or portion thereof accessory to the principal building on a lot, being roofed over and having three walls, designed or used primarily to provide for the storage of not more than three motor vehicles and in which no occupation, business or service for profits is carried on.
- GARDEN FURNITURE
- A nonhabitable, movable decoration constructed entirely for
aesthetic purposes within a garden or lawn area, i.e., birdbaths,
fountains, planter boxes, benches or chairs, gazebos, and decorative
structural or arboreal fencing. Garden furniture shall meet the minimum
setbacks for accessory structures and uses.[Amended 10-15-1997 by Ord. No. 97-17]
- Illumination 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.
- GOVERNING BODY
- The Board of Commissioners of the Borough of Longport.
- HISTORIC SITE
- Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of the nation, state or community and so designed pursuant to law.
- HOME OCCUPATION
- An occupation or profession which is clearly incidental to the use of the lot and dwelling for residential purposes; is carried on by members of the family residing on the premises; does not involve regular customer or patient visitation; does not involve any person other than a family member working on the premises; does not occupy more than 20% of the principal residential structure nor more than 300 square feet of any accessory structure; does not have any exterior evidence of such secondary use; does not include the storing of any stock-in-trade outside a principal or accessory building; and does not include any external operations except those customary to residential buildings.
- Material that contributes to the increase in surface water
runoff from a site through the elimination or restriction of percolation
into the soil. Materials which shall be calculated as impervious in
the determination of lot coverage shall be wood, concrete, steel,
asphalt, brick, vinyl, decorative pavers, decks (with or without gapping),
walls, etc. The use of grass pavers within sidewalk and patio areas
shall be entitled to receive a credit against impervious coverage
to the extent provided in manufacturer specifications submitted and
approved by the Municipal Zoning Officer; and provided that the paving
units are constructed in accordance with the grass paver manufacturer's
specifications. All grass paving units utilized within parking areas,
or access to parking areas, shall not receive impervious coverage
credit.[Amended 11-2-1994 by Ord. No. 94-22; 11-7-2001 by Ord. No. 2001-20; 8-22-2009 by Ord. No. 2009-28]
- INJUNCTIVE RELIEF
- A restraining order issued by a court of equity, forbidding a person to do a particular act.
- A. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
- B. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under Borough development regulations or whose right to use, acquire or enjoy property under Borough development regulations.
- LOADING SPACE
- Any off-street space not less than 12 feet in width, 35 feet in length and 14 feet in height available and sufficient for the loading or unloading of delivery vehicles having direct access to a street and so arranged that no vehicle is required to back into a street.
- Any area of land occupied or to be occupied by one principal building and its accessory buildings, and including the open space required under this chapter. All land oceanward of the bulkhead as constructed from 36th Avenue to the westerly side of 11th Avenue and then along the oceanward rear property lines of Block 1, Lots 6-12, and all land waterward of bulkheads as constructed and bulkhead lines as established along Risley Channel from the northeasterly Borough line to the westerly side of the Atlantic Avenue cul-de-sac shall not be considered part of the lot for purpose of the maximum-minimum building standards for principal uses and no buildings shall be permitted on or within the above-defined areas.
- LOT AREA
- The 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 Chapter 167, Zoning, shall be the mean high waterline in the National Geodetic Vertical Datum.
- LOT COVERAGE
- That percentage of the lot area 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, accessory structures
and uses and swimming pools.[Amended 11-2-1994 by Ord. No. 94-22; 11-7-2001 by Ord. No. 2001-20]
- LOT DEPTH
- The horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
- LOT FRONTAGE
- The horizontal distance measured along the full length of the front lot line along the street right-of-way. Lot frontage must be equal to or greater than the lot width requirement except lots fronting culs-de-sac where the lot frontage may be reduced to 60% of the lot width requirements.
- LOT LINE, FRONT
- The right-of-way line of the street on which the lot fronts.
- LOT LINE, REAR
- A lot line generally parallel to the front lot line across the rear of the lot.
- LOT LINE, SIDE
- Any lot line not a front lot line or a rear lot line, including the outer boundaries of an offset portion of a lot.
- LOT WIDTH
- The 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 farther building setback line where front and side lot lines are not perpendicular.
- MAINTENANCE GUARANTY
- Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required under the authority of N.J.S.A. 40:55D-1 et seq.
- MAJOR SUBDIVISION
- Any subdivision not classified as a minor subdivision. Any resubdivision of a parcel of land within two years from the date of the minor subdivision approval shall be considered a major subdivision.
- MASTER PLAN
- A composite of one or more written or graphic proposals for the development of the municipality as set forth and adopted pursuant to N.J.S.A. 40:55D-28.
- The Mayor of the Borough of Longport.
- MINOR SUBDIVISION
- A subdivision of land fronting on an existing street which has been accepted for maintenance by resolution of the governing body that does not involve:
- MOTEL or HOTEL
- A building or group of buildings used for temporary residence
of patrons and in which provision may or may not be made for cooking.
Temporary residence shall permit occupancy for no more than 90 consecutive
days.[Amended 10-15-1997 by Ord. No. 97-17]
- MUNICIPAL AGENCY
- The Planning Board, Board of Adjustment or the governing body of the Borough of Longport when acting pursuant to the Development Regulations of the Borough of Longport.
- The Borough of Longport.
- NONCONFORMING LOT
- A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance of the Borough of Longport 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 STRUCTURE
- A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance 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 USE
- The use of a structure, premises or structure and premises in combination in a manner which does not conform to the use regulations of the district in which it is located, which shall include any standards as to number of dwelling units per lot area.
- OFFICIAL COUNTY MAP
- A map, with changes and additions thereto, if adopted and established from time to time by resolution of the Atlantic County Board of Chosen Freeholders pursuant to N.J.S.A. 40:27-5.
- OFFICIAL MAP
- A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 through 40:55D-36.
- Any area located outside the lot lines of the lot in question and beyond the contiguous portion of the street fronting the lot.
- Any area located on the property which is the subject of a development application and the contiguous portion of a street or right-of-way.
- OPEN SPACE
- Any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such area, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
- OUTDOOR RECREATION/PATIO EQUIPMENT
- Outdoor equipment such as swings, sawhorses, sandboxes, benches,
tables, chairs, umbrellas and children's play equipment not exceeding
7 feet in height, 8 feet for umbrellas, and meeting requirements for
accessory building setbacks. No outdoor recreation equipment shall
be permitted in the front yard. Patio furniture shall be permitted
on front yard decks and patios.[Added 10-15-1997 by Ord. No. 97-17]
- PARKING LOT
- An area which contains three or more off-street parking spaces.
- PARKING SPACE, OFF-STREET
- A parking space for a vehicle that is not part of a street
right-of-way or public access easement which is not less than nine
feet in width and 18 feet in length, if not designated within a garage,
and 10 feet in width and 20 feet in length, if designated within a
garage. Parking spaces that are designated in a side or rear yard
area between a structure and a property line must be a minimum of
10 feet in width. Commercial and multifamily parking spaces may not
be designated within access aisles, fire lanes, or loading zones.[Amended 12-7-2005 by Ord. No. 2005-15]
- PARTY IMMEDIATELY CONCERNED
- For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.
- PERFORMANCE GUARANTY
- Any security which may be accepted by the Borough of Longport, including cash, provided that the Borough shall not require more than 10% of the total performance guaranty in cash. Performance guaranty shall be of a form approved by the Borough Solicitor.
- See "plat."
- PLANNING BOARD
- The Planning Board of the Borough of Longport established pursuant to N.J.S.A. 40:55D-23.
- A map or maps of a subdivision or site plan.
- PRELIMINARY APPROVAL
- The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the municipal agency and the applicant.
- PRINCIPAL BUILDING/USE
- The main purpose for which a lot or building is used. Only one principal use shall be permitted per lot.
- PRIVATE RECREATIONAL USES
- Private recreation uses shall include basketball courts,
shuffleboard courts, tennis courts, boat dockage and fixed foundation
outdoor cooking facilities.[Added 10-15-1997 by Ord. No. 97-17]
- PROFESSIONAL OFFICE
- An office of a physician, lawyer, dentist, architect, engineer or similar licensee of a recognized profession.
- PUBLIC DEVELOPMENT PROPOSAL
- A master plan, capital improvements program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
- PUBLIC DRAINAGEWAY
- The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along the natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
- PUBLIC OPEN SPACE
- An open space area conveyed or otherwise dedicated to the Borough of Longport, a Borough agency, the Board of Education, the State of New Jersey or County of Atlantic or other public body for recreational and/or conservational uses.
- A majority of the full authorized membership of a municipal agency.
- An establishment where the primary function is the serving of food for consumption inside the establishment and in which the serving of food for consumption outside the establishment is only incidental.
- RESTRAINING ORDER
- An order which may be issued upon the filing of an application for an injunction, forbidding the defendant to do the threatened act until a hearing on the application can be had.
- (The designation of a subdivision as a resubdivision shall be determined on the basis of the tract or parcel of land affected without regard to any change in ownership):
- A. 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
- B. The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.
- RETAIL SALES, FOOD
- The commercial sales of a food product to the general public and for which there is no area for food consumption on the premises.
- RETAIL SALES, NONFOOD
- The commercial sales of a nonfood product to the general public.
- RIGHT-OF-WAY LINES
- The boundary lines of land used or intended for use as streets and from which required setbacks or front yard and lot depths shall be measured.
- The water which is removed from the soil over the surface or through drains beneath the surface by natural and/or man-made means.
- SCHEDULE OF DISTRICT REGULATIONS
- The Zoning Schedule of District Regulations made a part of the Zoning Ordinance of the Borough of Longport.
- Solid soil material which has been moved from its site of origin by air, water or gravity and has been deposited elsewhere.
- Disposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
- SERVICE OFFICE
- Office of an optometrist, photographer, insurance agent, real estate salesperson, artist or practitioner of similar character which does not involve the sale of merchandise.
- Any device designed to inform or attract the attention of persons not on the premises on which the device is located. For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered to be a single sign. The surface area of a sign shall be computed to include the entire area within a parallelogram, triangle, circle or semicircle comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of the sign surface area. The following shall not be included in the application of the regulations herein:
- A. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants.
- B. Flags or insignias of any public, civic, charitable or religious group except when displayed in connection with commercial promotion.
- C. Legal notices or informational or directional signs erected by governmental bodies.
- D. Integral or decorative features of buildings, except letters, trademarks, moving parts or moving lights.
- E. Signs directing and guiding traffic and parking on private property but bearing no advertising matter.
- F. Signs not exceeding four square feet in area indicating the private nature of a driveway or other premises or otherwise controlling the use of private property.
- G. Traditional holiday or seasonal greetings or decorations not advertising a specific product, service or establishment.
- SIGN, OFF-SITE
- A sign other than an on-site sign.
- SIGN, ON-SITE
- A sign relating in its subject matter to the premises on which it is located or to the products, accommodations, services or activities on said premises. "On-site signs" do not include signs erected by an outdoor advertising industry in the conduct of the outdoor advertising business.
- SITE PLAN
- A development plan of one or more lots on which is shown:
- A. The existing and proposed conditions of the plot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
- B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.
- C. Any other information that may be reasonably required by a municipal agency in order to make an informed determination pursuant to development regulations adopted pursuant to N.J.S.A. 40:55D-37 through 40:55D-59.
- SKETCH PLAT
- A map of a subdivision or site plan proposal of sufficient accuracy for preliminary discussion purposes which, at the option of the developer, may be submitted for nonbinding comments but prior to formal subdivision or site plan submission.
- The natural part of the earth's surface being characterized by layers parallel to the surface resulting from modification and stratification of parent material by physical, chemical and biological processes operating under varying conditions during varying periods of time.
- SOIL CONSERVATION DISTRICT
- A governmental subdivision of this state organized in accordance with the provisions of Title 4, Chapter 24, of the New Jersey Revised Statutes.
- STANDARDS OF PERFORMANCE
- Standards that are:
- A. Adopted by ordinance pursuant to N.J.S.A. 40:55D-65d, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects and conditions and such other similar matters as may be reasonably required by the municipality; or
- B. Required by applicable federal or state laws or other municipal ordinances.
- That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. Minimum height of a story shall be seven feet six inches of clear headroom in accordance with the BOCA Code.
- Any street, which is an existing state, county or municipal roadway, excepting alleys; is shown upon a plat heretofore approved pursuant to law; is approved by official action as provided by N.J.S.A. 40:55D-1 et seq.; or is shown on a plat duly filed and recorded in the office of the County Clerk 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, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of Longport Development Regulations, streets shall be classified as follows:
- STREET LINES
- See "right-of-way lines."
- Anything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including but not limited to buildings, fences, tanks, towers, signs, advertising devices and swimming pools. Structures shall not include ground level site improvements such as driveways, parking surfaces, curbs and sidewalks, nor playground equipment, game equipment and garden furniture.
- Any 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 and who qualifies under this chapter as a developer.
- A. The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
- (1) Divisions of land found by the Planning Board or a subdivision committee thereof appointed by the Chairman to be for agricultural purposes, where all resulting parcels are five acres or larger in size.
- (2) Divisions of property by testamentary or intestate provisions.
- (3) Divisions of property upon court order.
- (4) Conveyances so as to combine existing lots by deed or other instrument.
- B. The term "subdivision" shall also include the term "resubdivision."
- SUBDIVISION COMMITTEE
- A committee of at least three Planning Board members appointed by the Chairman of the Planning Board for the purpose of classifying subdivisions in accordance with the provisions of development regulations and having such other duties related to land subdivision as may be conferred on this committee by the Planning Board.
- SWIMMING POOL, PRIVATE ABOVEGROUND
- A pool being above the ground and/or not coming within the definition of "swimming pool, private in-ground." Said pool defined as "aboveground" shall maintain setbacks in accordance with the setback requirements for accessory structures.
- SWIMMING POOL, PRIVATE IN-GROUND
- A noncommercial privately owned pool constituting an accessory structure to a residential unit or units and located on the same lot therewith, and being an in-ground permanent pool having a depth of not less than two feet and for which a six-foot-high fence will be permitted. A wading pool with a depth of less than 18 inches or a portable swimming device, located above ground level, with an area less than 150 square feet and a water depth less than two feet, temporary in character and constructed of material other than concrete masonry, shall not be deemed a swimming pool.
- A single-family attached dwelling unit having one or more party walls with units side by side; providing family living space on the ground story and, in addition, the story or stories above; and having an independent entryway from the outside.
- A typed or printed verbatim record of the proceedings or a reproduction thereof.
- Permission to depart from the requirements of the Borough of Longport Development Regulations pursuant to N.J.S.A. 40:55D-1 et seq.
- WALKWAY or SIDEWALK
- A way for carrying pedestrian traffic which may be located within the right-of-way provided for a street or may be located adjacent to a property line, between lots and laid out so that it may provide pedestrian traffic along a street or road or within a subdivision connecting two streets.
- An open space on the same lot with the principal building, unobstructed by building structures from the ground surface to the sky, except as otherwise provided in Borough of Longport Development Regulations.
- YARD, FRONT
- The yard extending across the entire width of the lot between the front lot line and the nearest part of a principal building. Depth of required front yard shall be measured in such a manner that the yard established is a strip of the minimum depth required by district regulations with its inner edge parallel to the front lot line. In the case of rounded property corners at street intersections, this shall be assumed to be the point at which the street-side and front lot lines would have met without such rounding. Every yard abutting a street shall be considered a front yard. Lots adjoining the Beach or Risley's Channel may consider the front yard setback from the waterfront.
- YARD, REAR
- A yard extending across the rear of the lot between the inner side yard lines. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum depth required by district regulations with its inner edge parallel to the rear lot line.
- YARD, SIDE
- A yard extending along the side lot line from the front yard to the rear lot line. In the case of through lots, side yards shall extend between the required front yard lines. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel to the side lot lines.
- ZONING PERMIT
- A document signed by the Administrative Officer:
- A. Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building.
- B. Which acknowledges that such use, structure or building complies with the provisions of the Municipal Zoning Ordinance or a variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
Editor's Note: The Schedule of District Regulations is included in a pocket at the end of this volume.
Editor's Note: The former definition of "shed," which immediately followed this definition, was deleted 10-15-1997 by Ord. No. 97-17.