For the purposes of this chapter, unless the context
clearly indicates a different meaning, the following words and phrases
are defined as follows:
ACCESSORY BUILDING/STRUCTURE
A building or structure, the use of which is customarily
incidental and subordinate to that of the principal building located
on the same lot. When an accessory building is attached in a substantial
manner by a wall or roof to a principal building or structure, it
shall be considered a part thereof. Any and all patios, and decks
raised above grade more than eight inches, shall also be included
as building coverage.
[Amended 9-13-2012 by Ord. No. 16-2012]
ACCESSORY RESIDENTIAL USE
A use customarily carried on within a dwelling by the inhabitants
thereof, which use is incidental and subordinate to the residential.
Accessory residential uses shall not be interpreted to include the
following: barber- and beauty shops, barber and beauty schools, tearooms,
convalescent homes, kennels, repair of vehicles, craft shops, antique
shops. Residential accessory uses will be limited to those specified
for the zoning districts in this chapter, subject to the standards
therein.
ACCESSORY USE
A use customarily incidental and subordinate to the main
use conducted on a lot, whether such accessory use is conducted in
the main or accessory building.
ADJUSTED GROSS ACREAGE
The total number of developable acres in a tract or parcel
proposed for development shall be calculated excluding existing lakes,
streams, submerged lands, floodplains or wetlands and wetland buffers
as certified by the New Jersey Department of Environmental Protection
and Energy (NJDEPE), Office of Freshwater Wetlands.
[Amended 7-9-1992 by Ord. No. 20-1992]
ADMINISTRATIVE OFFICER
The Secretary of the Somers Point Planning Board for Planning
Board matters and the Secretary of the Somers Point Zoning Board of
Adjustment for Zoning Board of Adjustment matters.
[Amended 8-24-2000 by Ord. No. 12-2000]
ALLEY
A minor way, which may or may not be legally dedicated and
which affords only a secondary means of access to abutting property.
APPLICANT
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, site plan, plan development,
conditional use, zoning variance or direction of the issuance of a
permit issued pursuant to Section 25 or 26 of the Act (N.J.S.A. 40:55D-34
and 40:55D-36 respectively).
APPROVING AUTHORITY
The Planning Board of Somers Point, unless a different agency
is designated by this chapter, when acting pursuant to the authority
of the Municipal Land Use Law, P.L. 1975, c. 291 (1976); N.J.S.A.
40:55D-1 et seq.
ARCADE
Any building, structure or premises which has for its primary
purpose or function the offering of coin- and non-coin-operated amusement
machines or devices.
[Added 2-10-1983 by Ord. No. 1-1983;
amended 4-11-1985 by Ord. No. 8-1985]
ATHLETIC DEVELOPMENT AND TRAINING FACILITY
A facility providing organized instruction, education and
training in the development and enhancement of athletic skills and
disciplines, including but not limited to gymnastics, swimming and
other athletic disciplines.
[Added 10-14-1993 by Ord. No. 22-1993]
ATTIC
That part of a building which is immediately below and wholly
or partly within the roof framing and not generally used as living
space.
AUTOMOTIVE GARAGE
Any premises used for the repair or servicing of vehicles,
but not including automotive wrecking.
AUTOMOTIVE SALES BUILDING
A building used for the sale of, hire of or remuneration
from automotive and other vehicles and equipment. This shall be interpreted
to include auto accessory sales rooms, but not the sale of junked
vehicles and equipment.
AVERAGE NET RESIDENTIAL DENSITY
The number of dwelling units per acre computed by dividing
the number of dwelling units which the applicant proposes to build
by the number of acres in the development, excluding acreage devoted
to public streets. See "density."
BANK
An institution, usually a corporation, chartered by a state
or federal government, offering certain financial services such as
the safekeeping of money; conversion of domestic currency into and
from foreign currencies; lending of money at interest; accepting of
bills of exchange; receiving demand deposits and time deposits; honoring
instruments drawn on such deposits and payment of interest on same;
discounting notes; making loans; investing in securities; collecting
checks, drafts and notes; certifying depositors' checks; and issuing
drafts and cashier's checks.
[Added 12-9-2010 by Ord. No. 15-2010]
BASE FLOOD
A flood having a one-percent chance of being equaled or exceeded
in any given year.
[Added 5-23-2013 by Ord. No. 8-2013]
BASE FLOOD DEPTH (BFD)
The depth shown on the Flood Insurance Rate Map for Zone
AO that indicates the depth of water above highest adjacent grade
resulting from a flood that has a one-percent chance of equaling or
exceeding that level in any given year.
[Added 5-23-2013 by Ord. No. 8-2013]
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for businesses
or dwelling purposes. See "cellar."
BILLBOARD
A sign or structure or portion thereof which directs attention
to a product, business, service or entertainment conducted, sold or
offered elsewhere than upon the lot on which such sign is situated
and designed in conjunction with the sign standards of this chapter.
BOARD OF ADJUSTMENT
The Board of the City of Somers Point established pursuant
to Section 56 of the Municipal Land Use Law, N.J.S.A. 40:55D-69, and
sometimes referred to as the "Zoning Board of Adjustment."
BUILDING
Any structure or portion thereof or addition thereto having
a roof supported by such things as columns, posts, piers or walls
and intended for shelter, business, housing or enclosing of persons,
animals or property.
BUILDING AREA
The total areas of outside dimensions on a horizontal plane
and ground level of the principal building and all accessory buildings,
exclusive of unroofed porches, terraces or steps having vertical faces,
which are less than three feet above the level of the ground at all
points.
[Added 9-13-2012 by Ord. No. 16-2012]
BUILDING COVERAGE
The area of a tract covered by buildings and roofed areas,
measured at the building line. Building coverage is expressed as a
percentage of the total tract area. All principal and accessory buildings/structures
shall be included within the building coverage.
[Added 9-13-2012 by Ord. No. 16-2012]
BUILDING HEIGHT
[Added 10-11-2007 by Ord. No. 20-2007; amended 5-23-2013 by Ord. No. 8-2013]
(1)
For the purpose of AH1, AH2, AH3, and SHOS Zones only, the vertical
dimension measured from the average elevation of the finished lot
grade at the front of the building to the highest point of the ceiling
of the top story in the case of a flat roof, to the deckline of the
mansard roof and to the average height between the plate and ridge
of a gable, hip or gambrel roof. Exempt from this definition shall
be chimneys, steeples, elevator sheds and mechanical equipment, except
that additional height for such facilities shall not exceed 10 feet
from the ridgeline, except decorative steeples, which shall not exceed
twice the ridge height to the highest measured point of the steeple.
(2)
Notwithstanding the foregoing definition, any structure within the A, AE, or AO Zone on the City's FIRM which mandates an increase in elevation in excess of that set forth for such zone within this Chapter
114 shall have its height measured from the base flood elevation plus the freeboard height applied to the specific zone as set forth in §
146-5.2A and §
146-5.2B, as same may be from time to time amended.
[Amended 11-20-2014 by Ord. No. 30-2014]
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot, to which all other buildings on the lot are accessory.
BUILDING SETBACK LINE
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and an adjacent right-of-way or street line.
BULK
The term used to describe size of buildings or other structures
and their relationship to each other, to open areas such as yards
and to lot lines, and includes the size, height and floor area of
a building or other structure; the relation of the number of dwelling
units in a residential building to the area of the lot (usually called
"density"); and all open areas in yard space relating to buildings
and other structures.
BUSINESS SERVICES
Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis such as advertising
and mailing services, building maintenance, employment services, management
and consulting services and photo finishing shops.
[Added 12-9-2010 by Ord. No. 15-2010]
CANOPY
To be considered as a principal building, 18 feet from finished
grade to top of facade.
[Added 7-9-1992 by Ord. No. 20-1992]
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories,
nor shall it be considered in the calculation of habitable area as
called for in various residential districts. A cellar shall not be
used for businesses or dwelling purposes. See "basement."
CERTIFICATE OF COMPLETE APPLICATION
An application for development shall be complete for purposes
of connecting the applicable time period for action by a municipal
agency when so certified by the municipal agency or its authorized
committee or designee. The authorized person in the City of Somers
Point for Planning Board matters is the Planning Board Secretary and
for Zoning Board of Adjustment matters is the Zoning Board of Adjustment
Secretary.
[Added 8-24-2000 by Ord. No. 12-2000]
CERTIFICATE OF OCCUPANCY
A statement signed by the Zoning Officer, setting forth either
that a building or structure or swimming pool does or does not comply
with this chapter or that a building, structure or parcel of land
may lawfully be used for specified uses, or both.
CHURCH
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, educational, burial, recreational
or other uses not normally associated with worship.
CLINIC
An establishment where patients are admitted for examination
and treatment on an outpatient basis by physicians, dentists, other
medical personnel, psychologists or social workers and where such
examination and treatment generally require a stay of less than 24
hours.
[Added 12-9-2010 by Ord. No. 15-2010]
CLUB, MEMBERSHIP
An organization catering exclusively to members and their
guests, including premises and buildings for social, recreational
or other athletic purposes, provided that there are not conducted
any vending stands, merchandising or commercial activities, except
as required generally for the membership and purpose of such club
and within the property boundaries of such facilities.
CLUSTER DEVELOPMENT
The development based on an overall density for the entire
tract allowing reduced lot sizes so that higher densities result in
individual segments of the tract, provided that the gross density
of the entire tract permitted by this chapter is not exceeded and
the open space preservation is an integral part of the design.
[Added 7-26-1990 by Ord. No. 10-1990]
COIN-OPERATED AND NON-COIN-OPERATED AMUSEMENT MACHINES OR DEVICES
Any machine, whether operated mechanically, electrically
or by other means, and regardless of whether or not it registers,
scores or tallies, which, upon insertion of a coin, slug, token, plate,
disc, key or turning of a switch, may be operated by the general public
as a game or for entertainment or amusement purposes. These devices
shall include but shall not be limited to pinball machines, mechanical
grab machines, air hockey, rifle or pistol target shooting not requiring
use of slugs or bullets but using only electronic transmissions to
register or score, pool, billiards, marble machines, simulated motor
vehicle operations, aptitude testings, strength testings, compute
and/or electronic games. This list is intended to be illustrative
only and the term "coin-operated and non-coin-operated amusement machine
or device" shall include all games, machines or devices of a similar
nature, regardless of what name may be given to them. This definition
specifically excludes non-amusement machines which are in the nature
of vending machines in supplying such items as food, beverage, cigarettes,
novelties or other such items for sale, and such machines are not
intended to be included within this definition.
[Added 2-10-1983 by Ord. No. 1-1983;
amended 4-11-1985 by Ord. No. 8-1985]
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development, and designated and intended for the use or enjoyment
of residents and owners of the development. "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development, not including parking lots, streets, drives or other
vehicular buildings or structures.
COMMON PROPERTY
The land or water or a combination of land and water, together
with improvements, designed and intended for ownership, use and responsibility
by the tenants and owners in the development. Such common open space
may be deeded to the city or other governmental agency or dedicated
to a homeowner's association or trust, which incorporation and bylaws
shall be approved by the Planning Board. If common recreation and
open space areas are not dedicated and accepted by the city or another
governmental agency, the landowner shall provide for and establish
an organization for the ownership and maintenance of any common recreation
areas and open space, and such organization shall not be dissolved
nor shall it dispose of any of the same by sale or otherwise (except
to an organization conceived and established to own and maintain the
common recreation areas and development of open space) without first
offering to dedicate the same to the city or any other government
agency. If the applicant proposes that the open space shall be dedicated
to the city, then the Planning Board shall forward each request with
its recommendation, prior to granting of preliminary plan approval
of a development application containing open space, to the City Council.
If the City Council does not approve such dedication, the applicant
may submit a cluster or planned development plan providing only for
ownership of common land as outlined herein.
[Added 7-26-1990 by Ord. No. 10-1990]
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons, who
require assistance, temporarily or permanently, in order to live in
the community, and shall include but not be limited to group homes,
halfway houses, intermediate care facilities, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act (P.L. 1971, c. 136, N.J.S.A. 26:2H-1 et seq.). In the
case of such a community residence housing mentally ill persons, such
residences shall have been approved through a purchase or service
contract or an affiliation agreement pursuant to such procedures as
shall be established by regulation of the Division of Mental Health
and Hospitals of the Department of Human Services. As used in this
chapter, "developmentally disabled person" means a person who is developmentally
disabled as defined in § 2 of P.L. 1977, c. 448 (N.J.S.A.
30:11B-2), and "mentally ill person" means a person who is afflicted
with a mental illness as defined in N.J.S.A. 30:4-23 but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures as established by regulation
of the Department of Human Services pursuant to N.J.S.A. 30:14-1 et
seq. providing food, shelter, medical care, legal assistance, personal
guidance and other services for not more than 15 persons who have
been victims of domestic violence, including any children of such
victims, who temporarily require shelter and assistance in order to
protect their physical or psychological welfare.
[Added 8-25-1994 by Ord. No. 11-1994]
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board. "Conditional uses" are specified by
zoning district within this chapter.
CONSTRUCTION OFFICIAL
The city official specified in the Building Code and designated as such by the City Council.
CONTIGUOUS
Being in actual contact, touching along a boundary.
[Added 4-26-2012 by Ord. No. 5-2012]
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
A facility providing housing, assisted care, nursing care
and other health-related services, as well as housekeeping services,
laundry services, meals and structured activities at the same location,
to an individual over the age of 62, pursuant to a service agreement
for a period of greater than one year.
[Added 7-9-1992 by Ord. No. 20-1992]
CONVENIENCE STORE
An establishment, usually open 15 to 24 hours per day, selling
goods and merchandise to the general public for personal and household
consumption, such as WaWa, Cumberland Farms, Seven-Eleven or similar
stores, commonly emphasizing dairy products, baked goods, deli items,
newspapers and magazines.
[Added 7-9-1992 by Ord. No. 20-1992]
COUNTY MASTER PLAN
Composite of the Master Plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
COURT, INNER
An open, unoccupied space enclosed on all sides by exterior
walls of a building.
COURT, OUTER
An open, unoccupied space enclosed on not more than three
sides by exterior walls of a building.
CUL-DE-SAC
A street with access closed at one end and with a vehicular
turnaround at the closed end.
DENSITY
A number expressing dwelling units per adjusted gross acre.
To calculate the maximum number of dwelling units on a tract or parcel
of land, the following formula shall be used:
[Amended 7-26-1990 by Ord. No. 10-1990; 7-9-1992 by Ord. No. 20-1992]
(1)
The total number of developable acres in a tract
or parcel proposed for development shall be calculated, excluding
existing lakes, streams, submerged lands, floodplains or freshwater
wetlands and wetland buffers as certified by the New Jersey Department
of Environmental Protection and Energy (NJDEPE), Office of Freshwater
Wetlands.
(2)
The maximum units per acre shall be determined
by reference to the zoning provisions governing the zone where the
land is located.
(3)
The number of developable acres shall be multiplied
by the maximum units per acre.
(4)
The resulting number is the maximum number of
units which may be proposed for development on said tract or parcel.
(5)
Minimum lot square footage in each district
may not contain nondevelopable lands.
(6)
If the resulting number is a fraction of a partial
unit of 0.5 or more, the maximum number of units may be rounded off
to the next highest number.
DEVELOPABLE LAND
All lands exclusive of wetlands and wetlands buffers as certified
by the New Jersey Development of Environmental Protection (NJDEP),
Office of Freshwater Wetlands.
[Added 7-26-1990 by Ord. No. 10-1990; amended 7-9-1992 by Ord. No. 20-1992]
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
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 of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land, for which permission may be required pursuant to this chapter.
DEVELOPMENT REGULATION
Article
II, Zoning Districts; Zoning Map; Articles
IV through
XX, regarding zoning districts; Article
XXIII, Subdivision of Land; and Article
XXII, Site Plan Review, of this chapter or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law, P.L. 1975, c. 291, (1976), N.J.S.A. 40:55D-1 et seq., and this chapter.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter
1 of Title 58 of the Revised Statutes of New Jersey.
DRIVE-IN ESTABLISHMENTS
Premises constructed for the sale of any goods or services
by means of curb and/or window-counter service, whether to the motoring
public or pedestrians.
DWELLING, MULTIPLE
A building or portion thereof containing more than two dwelling
units.
(1)
APARTMENT, GARDENA group of not fewer than three nor more than 16 multifamily dwellings, architecturally designed with some units placed on top of other units, not in excess of three stories in height, designed for rental or sale of individual housekeeping units, having common open space and in accordance with the special requirements set forth in this chapter. This does not include occupancy units that are rented or hired out to transient clientele for sleeping purposes.
(2)
TOWNHOUSEA residential structure of no more than three stories containing not fewer than three nor more than 10 one-family dwelling units, each being separate from the adjoining units by an approved masonry party wall or walls, thus creating a distinct unit intended for separate rental or ownership. This definition shall also include such terms as "row house," "patio house," "court dwelling," etc.
DWELLING, TWO-FAMILY
A structure on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
[Added 12-13-1990 by Ord. No. 23-1990]
DWELLING UNIT
A building, or entirely selfcontained portion thereof, which
contains complete housekeeping facilities for one family only and
which has no enclosed space for cooking facilities in common with
any other dwelling unit. The "dwelling unit" shall not require the
use of outside stairs, common hallways, passing through another dwelling
unit or other indirect route(s) to get to any portion of the "dwelling
unit," nor shall there be shared facilities with another housekeeping
unit. "Dwelling unit" shall not include a boat, trailer or other vehicle
of any type, nor a temporary shelter such as a tent.
DWELLING UNIT AREA
The area enclosed within the inside walls of the dwelling
unit with a finished floor to structural ceiling height of not less
than seven feet six inches, excluding garages, porches and any spaces
located below the top of the foundation wall.
EMPLOYEES
Whenever the word "employees" or the expression "number of
employees" is herein referred to, it shall mean the greatest number
of persons to be employed in the building in question during any season
of the year and any time of the day or night.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
FAMILY
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit.
FAST-FOOD RESTAURANTS
A commercial establishment where foods and drink, prepared
for immediate consumption, are purchased at a counter and either eaten
on the premises, in the purchaser's automobile or off the premises.
Those restaurants where a majority of prepared food is consumed only
at tables on the premises and serviced by waiters or waitresses at
said tables shall not be deemed "fast-food restaurants." Any restaurant
with drive-through window service shall be considered a "fast-food
restaurant." "Fast-food restaurants" shall not include those retail
stores where food is primarily sold for preparation and consumed elsewhere,
such as a supermarket, or stores where, as a secondary use of the
premises, prepared foods may also be sold over the counter for immediate
consumption, such as a delicatessen.
[Added 7-9-1992 by Ord. No. 20-1992]
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary-approved
major subdivision or site plan after all conditions, engineering plans
and other requirements have been completed or fulfilled and the required
improvements have been installed or guaranties properly posted for
their completion, or approval conditioned upon the posting of such
guaranties.
FLOOD HAZARD AREA
Is defined by the New Jersey Department of Environmental
Protection as the land, and the space above that land, which lies
below the flood hazard area design flood elevation. Structures, fill
and vegetation that are situated on land that lies below the flood
hazard area design flood elevation are described as being "in" or
"within" the flood hazard area. The inner portion of the flood hazard
area is called the "floodway," and the outer portion of the flood
hazard area is called the "flood fringe." The methods for determining
the limits of the flood fringe and floodway are described at N.J.A.C.
7:13-3.1 et seq.
[Added 5-23-2013 by Ord. No. 8-2013]
FLOOR AREA RATIO
The total gross floor area of a building on a lot, divided
by the area of the lot.
FLOOR AREA, TOTAL
The sum of the gross horizontal areas of all floors of any
building or buildings on a lot, measured from the interior walls.
In particular, the "total floor area" shall be or include any basement
space which has been improved for residential purposes (but in no
case may that space which is included as part of the "total floor
area" exceed 20% of the total basement area); all space other than
basement or cellar spaces with structural headroom of at least seven
feet six inches and all interior balconies and mezzanines.
FOWL
Any chicken, hen, turkey, goose, duck, emu, ostrich, or any
other fowl or poultry customarily found on a farm, and pigeons.
[Added 9-26-2013 by Ord. No. 19-2013]
FREEBOARD
An additional amount of height above the base flood elevation used as a factor of safety (e.g., two feet to three feet above the base flood) in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with state or community floodplain management regulations. Refer to the freeboard height requirements set forth in Chapter
146.
[Added 5-23-2013 by Ord. No. 8-2013; amended 11-20-2014 by Ord. No.
30-2014]
GARAGE, PRIVATE
A building accessory to a dwelling unit used for the housing
of not more than three motor vehicles.
GARAGE, PRIVATE GROUP
A building accessory to a dwelling unit used for the housing
of more than three but not more than two motor vehicles per family.
GASOLINE SERVICE STATION
An area of land and any structure thereon used for the retail
sale of motor fuel, lubricants and incidental services, such as car
washing and the sale, installation and repair of tires, batteries
or automobile accessories.
GENERAL DEVELOPMENT PLAN
A plan showing general land use, circulation, open space,
utilities, stormwater management, environmental factors, community
facilities, type and density of housing, floor area for nonresidential
development, and phasing for parcels in excess of 100 acres, which
is proposed to be constructed as a planned development. The term of
the effect of general development plan approval shall be determined
by the Planning Board and shall not exceed 20 years.
[Added 12-8-2011 by Ord. No. 18-2011]
GOLF COURSE
An open area and its necessary buildings used for the playing
of golf, containing a minimum area of 100 acres and a full eighteen-hole
golf course.
GRADE
(1)
Shall be determined as follows:
(a)
For buildings having walls adjoining one street
only: the elevation of the sidewalk at the center of the wall adjoining
the street.
(b)
For buildings having walls adjoining more than
one street: the average of the elevation of the sidewalk at the centers
of all walls adjoining the streets.
(c)
For buildings having no walls adjoining the
street: the average level of the finished surface of the ground adjacent
to the exterior walls of the building.
(2)
Any wall approximately parallel to and not more
than 20 feet from a street line is to be considered as adjoining the
street.
HEIGHT
[Added 7-24-1986 by Ord. No. 13-1986; amended 5-23-2013 by Ord. No. 8-2013]
(1)
Subject to the exception contained within the definition of
"building height" set forth within this § 14-9B, limitations
as to height in a zoning district’s area and bulk requirements
shall apply to all buildings, structures or uses, principal or otherwise,
on site. "Height" shall be determined and measured from average finished
grade to the extreme top of the structure or use.
(2)
Notwithstanding the foregoing definition, any structure within the A, AE, or AO Zone on the City's FIRM which mandates an increase in elevation in excess of that set forth for such zone within this Chapter
114 shall have its height measured from the base flood elevation plus the freeboard height applied to the specific zone as set forth in §
146-5.2A and
B, as same may be from time to time amended.
[Amended 11-20-2014 by Ord. No. 30-2014]
HEALTH CARE SERVICES
Establishments providing support to medical professionals
and their patients such as medical and dental laboratories, blood
banks, oxygen and miscellaneous types of medical supplies.
[Added 12-9-2010 by Ord. No. 15-2010]
HEALTH PLANNING SERVICES
The study of the provision, distribution and financing of
health facilities and services for present and future populations.
[Added 12-9-2010 by Ord. No. 15-2010]
HISTORIC BUILDING
See the definition in Chapter
146.
[Added 5-23-2013 by Ord. No. 8-2013; amended 11-20-2014 by Ord. No.
30-2014]
HISTORIC SITE
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so designated pursuant
to the Municipal Land Use Law, P.L. 1975, c. 291 (1976); N.J.S.A.
40:55D-1 et seq.
HOME OCCUPATION
Any use of a legally existing residential property which is consistent with the limitations established in Article
XXXI of this chapter and which is in compliance with the performance standards established therein. Uses which are not consistent with the limitations established in Article
XXXI and/or which are not in compliance with the performance standards established therein shall not be registered as a home occupation or be issued a permit as a home occupation. Such activities shall be considered by definition to be either a conforming or a nonconforming commercial activity and shall require submission to the Somers Point Planning Board or the Somers Point Zoning Board of Adjustment for approval as required by law. The determination of the Somers Point Code Enforcement/Officer shall be final.
[Amended 7-9-1992 by Ord. No. 20-1992; 5-23-1996 by Ord. No.
8-1996; 11-18-2013 by Ord. No. 25-2013]
HOME OFFICE
[Added 11-18-2013 by Ord. No. 25-2013]
(1)
The use of a defined portion of a residential dwelling as an
office area by one or more members of the household residing on the
premises for the following activities:
(a)
Activities as an employee, such as telecommuting, for an employer
conducting business at a separate location, if such activities do
not involve visitation by clients or customers and if there is no
assertion or representation that the residence is a business address
for either the employee or the employer.
(b)
Activities as a volunteer in support of a nonprofit, community
service, political, or charitable organization if such does not involve
visitation by clients or customers or the general public and if there
is no assertion or representation that the residence is a business
address for such organization.
(2)
The home office shall be subject to the requirements set forth in Article
XXXI of this Chapter
114.
HOSPITAL
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions, and including as an integral part of the institution
related facilities such as laboratories, outpatient facilities, training
facilities medical offices and staff residences.
[Added 12-9-2010 by Ord. No. 15-2010]
HOTEL/MOTEL
A building or group of buildings designated and intended
to provide lodging, accommodations and associated services to a transient
clientele for compensation, not intended for use as a residence or
domicile, and without cooking facilities in any individual room or
suite and in which common dining and recreational facilities, shops
and service establishments may be provided as accessory uses.
[Added 7-24-1986 by Ord. No. 13-1986]
IMPACT STATEMENT
A comprehensive statement of potential impact upon the site
for all major projects that might significantly affect the quality
of the environment.
IMPERVIOUS SURFACE
Any natural or man-made surface which does not permit infiltration
of water and causes surface runoff. All buildings, parking areas,
driveways, roads, sidewalks, and any areas in concrete and asphalt
shall be considered impervious surfaces within this definition. In
addition, other areas determined by the Engineer to be impervious
within the meaning of this definition will also be classed as impervious
surfaces.
[Added 9-13-2012 by Ord. No. 16-2012]
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; 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 this Act, or whose right to use, acquire or enjoy property under
this Act or under any other law of this state or of the United States
has been denied, violated or infringed by an action or a failure to
act under this Act.
LANDSCAPE SCREEN
A completely planted visual barrier composed of evergreens
or other plants as specified by district in a schedule available from
the Building Inspector.
LANES, INGRESS AND EGRESS
A private roadway designed to accomplish easy access into
developed parcels. Minimum roadway widths for "ingress and egress
lanes" shall be one-way: 18 feet; and two-way: 30 feet or as described
in individual Articles, whichever is more stringent.
LIVESTOCK
Any animal customarily found on a farm or typically raised
for use and sale, including, but not limited to, swine, pigs, hogs,
sheep, bull, cow, calf, heifer, llama, goat, horse, or pony.
[Added 9-26-2013 by Ord. No. 19-2013]
LOADING SPACE, OFF-STREET
Any paved or otherwise surfaced off-street space available
only for the loading or unloading of goods, at least 12 feet wide
and 35 feet long with clear headroom of at least 14 feet and having
direct usable access to a street.
LOFT
A floor consisting of open space at the top of a house just
below the roof; often used for storage.
[Added 12-27-2007 by Ord. No. 25-2007]
LOT, CORNER
A designated parcel at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
"corner lot" if straight lines drawn from the foremost points at the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
LOT COVERAGE
That part of one lot or more than one lot which is improved
or is proposed to be improved with buildings and/or other structures,
including but not limited to building coverage, driveways, parking
lots, pedestrian walkways, signs and other man-made improvements on
the ground surface which are more impervious than the natural surface.
Walks, driveways, and patios, constructed using paver block or brick
set in sand rather than in or on concrete, and/or decks with three-eighths-inch
spaces, and courtyards are calculated as 50% impervious surface.
[Added 7-9-1992 by Ord. No. 20-1992;
amended 9-13-2012 by Ord. No. 16-2012]
LOT, DEPTH
The mean distance from the street line of a lot to its opposite
rear line measured in the general directions of the side lines of
the lot.
LOT FRONTAGE
The horizontal distance between side lot lines, measured
along the street line. The minimum "lot frontage" shall be the same
as the lot width, except that on curved alignments with an outside
radius of less than 500 feet, the minimum distance between the side
lot lines measured at the street line shall not be less than 75% of
the required minimum lot width. In the case of a corner lot, either
street frontage which meets the minimum frontage required for that
zone may be considered the "lot frontage."
LOT LINE, INTERIOR FRONT
The dividing line between the lot and the street except in
the case where a lot has no street frontage but abuts on the right-of-way,
then such right-of-way line shall be the front line of the lot.
LOT WIDTH
The straight and horizontal distance between side lot lines
at setback points on each side lot line measured perpendicular with
side lot lines. The minimum "lot width" shall be measured at the minimum
required building setback line. Where side lot lines are not parallel,
the minimum "lot width" at the street line shall not be less than
75% of the minimum lot frontage for the zoning district in which the
lot is located.
MAINTENANCE GUARANTY
Any security other than cash, which may be accepted by the
municipality for the maintenance of any improvements required by the
Municipal Land Use Law, P.L. 1975, c. 291 (1976), N.J.S.A. 40:55D-1
et seq.
MAJOR SITE PLAN
All site plans not defined as minor.
[Added 7-9-1992 by Ord. No. 20-1992]
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of Somers Point as set forth in and adopted pursuant
to the Municipal Land Use Law, N.J.S.A. 40:55D-28.
MEDICAL OFFICE BUILDING
A building that contains physician or health care professional
offices.
[Added 12-9-2010 by Ord. No. 15-2010]
METHADONE CLINIC
A facility offering outpatient methadone maintenance services to the public and which shall be deemed to be a business or commercial operation or functional equivalent thereof and not construed as ancillary or adjunct to a doctor's professional office for any purpose under Chapter
114 of the Development Regulations of the City of Somers Point.
[Added 3-22-2001 by Ord. No. 1-2001]
MEZZANINE
A partial story located between two main stories of a building,
which is completely open to a main floor, without any walls creating
secondary rooms. The aggregate floor area of a mezzanine shall not
be more than 1/3 of the floor area of the room or space on which the
mezzanine is located above and opens to. The mezzanine floor projects
itself from the walls and does not completely close the view of the
ceiling from the lower floor, providing for a degree of openness.
Stairways and intermediate landings are not considered to be part
of the mezzanine floor area. A barrier/guard, such as a railing, which
provides an open view to the mezzanine, shall be placed along the
edges of the mezzanine, which is open to the floor below. The ceiling
height in all areas of the mezzanine shall be a minimum of seven feet
six inches.
[Added 12-27-2007 by Ord. No. 25-2007]
MINOR REPAIR OPERATIONS
Establishments which provide repair or maintenance care for
appliances, watches, televisions, clocks, furniture, sporting goods.
[Added 12-9-2010 by Ord. No. 15-2010]
MINOR SITE PLAN
A development of one or more lots requiring fewer than 10 parking spaces as required by this chapter, containing fewer than 2,500 new or additional square feet of floor area and not involving lot coverage of more than 50%, which does not involve a planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to the off-tract improvement section of this chapter, and which contains the information required for minor site plans under Article
XXII of this chapter and for which all appropriate fees and escrows have been posted pursuant to Article
XXVII of this chapter.
[Added 7-9-1992 by Ord. No. 20-1992]
MINOR SUBDIVISION
Any subdivision containing not more than three lots, exclusive
of the remaining lot or parcel, fronting upon an existing approved
and improved street, not involving any new street or the extension
of off-site improvements and not adversely affecting the development
of the remainder of the parcel or adjoining property and not in conflict
with any provision or portion of the adopted Master Plan, Official
Map or this chapter.
MOBILE HOME
A home, excluding travel trailers, which is a movable or
portable unit designed and constructed to be towed on its own chassis
(comprised of frame and wheels) and designed to be connected to utilities
for year-round occupancy. The term shall include a unit containing
parts that may be folded, collapsed or telescoped while being towed
and that may be expanded to provide additional cubic capacity; and
units composed of two or more separately towable components designed
to be joined into one integral unit capable of being again separated
into the components for repeated towing.
MOTEL
See “hotel/motel.”
[Amended 7-24-1986 byOrd. No. 13-1986]
MULTIFAMILY HOUSING DEVELOPMENT
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
[Added 8-25-1994 by Ord. No. 11-1994]
NET SITE AREA or NET RESIDENTIAL AREA
An area of land devoted to residential buildings and accessory
uses on the same lots, such as informal open space, drives, parking
and service areas, but excluding land for public streets and nonresidential
buildings.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which, by reason of such adoption, revision or amendment, fails
to conform to the requirements of the zoning district in which it
is located.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which, by reason of such adoption, revision or amendment, fails
to conform to the requirements of the zoning district in which it
is located.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which, by reason
of such adoption, revision or amendment, fails to conform to the requirements
of the zoning district in which it is located.
OFFICIAL COUNTY MAP
A map, with changes and additions thereto, adopted and established,
from time to time, by resolution of the Board of Chosen Freeholders
of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted in accordance with the New Jersey Municipal
Land Use Law, P.L. 1975, c. 291 (1976), N.J.S.A. 40:55D-32 et seq.
OFF-SITE
Located outside the lot lines of the lot under review but
within the property of which the lot is a part which is the subject
of a development application or contiguous portion of a street or
right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
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 or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated 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 open space, 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.
OPEN SPACE MAINTENANCE REQUIREMENTS[Added 7-26-1990 by Ord. No. 10-1990]:
(1)
In the event that the organization created for
open space management shall, at any time after the establishment of
a planned development, fail to maintain any open space or recreation
area in a reasonable order and condition in accordance with the plan,
the city may serve written notice upon such organization or upon the
owners of the development setting forth the manner in which the organization
has failed to maintain said areas in reasonable condition, and said
notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof and shall set the date and place of
a hearing thereon which shall be held within 15 days of the notice.
At such hearing the city may modify the terms of the original notice
as to the deficiencies and may give an extension of time, not to exceed
65 days, within which they shall be cured.
(2)
If the deficiencies set forth in the original
notice or in modifications thereof shall not be cured within said
35 days or any extension thereof, the city, in order to preserve the
open space and maintain the same for a period of one year may enter
upon and maintain such land. Said entry and said maintenance shall
not vest in the public any rights of use of the open space and recreation
areas, except when the same is voluntarily dedicated to the public
by the owners.
(3)
Before the expiration of said year, the city
shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of said areas, call a
public hearing, upon 15 days' written notice to such organization
and the owners of the development, to be held by the city, at which
hearing such organization and owners of the development shall show
cause why such maintenance by the municipality shall not, at the election
of the city, continue for a succeeding year. If the city shall determine
that such organization is ready and able to maintain said open space
and recreation areas in a reasonable condition, the city shall cease
to maintain said open space and recreation areas at the end of said
year. If the city shall determine such organization is not ready and
able to maintain said open space and recreation areas in a reasonable
condition, the city may, in its discretion, continue to maintain said
open space and recreation areas during the next succeeding year and,
subject to a similar hearing, a determination in each year thereafter.
The decision of the city in any such case shall constitute a final
administrative decision subject to judicial review.
(4)
The cost of such maintenance by the municipality
shall be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
the assessed value at the time of imposition of the lien and shall
become a lien and tax on said properties and shall be added to and
be a part of the taxes to be levied and assessed thereon and shall
be enforced and collected with interest by the city and in the same
manner as other taxes.
PARKING SPACE
A space which, exclusive of driveways and turning areas,
is nine feet wide and 18 feet long and which is accessible for the
parking of one vehicle. Such term shall include handicapped parking
spaces which shall, however, conform to state/federal regulations
as to size. Parking is permitted in stalls at angles of 45° to
90°, subject to review and approval by the Planning Board. Require
off-street parking areas for three or more vehicles should be paved
and have individual spaces marked and shall be so designed, maintained
and regulated that no parking, backing onto or other maneuvering incidental
to parking shall be on any public street, walk or alley and so that
any vehicle may be parked or unparked without moving another.
[Amended 3-13-1997 by Ord. No. 3-1997]
PERFORMANCE GUARANTY
Any security which may be accepted by a municipality, including
cash, provided that a municipality shall not require more than 10%
of the total "performance guaranty" in cash.
PERIMETER SETBACK
A clear and unoccupied space extending along the entire lot
line at a depth specified in this chapter. The depth of the perimeter
setback area shall be measured at right angles to the lot line of
the property.
PERSONAL SERVICE ESTABLISHMENTS
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel such
as laundry, dry cleaning, linen supply, beauty shops, barbershops,
shoe repair, funeral services, steam baths, health clubs, clothing
rental, domestic cleaning service establishments.
[Added 12-9-2010 by Ord. No. 15-2010]
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size, as specified by ordinance,
to be developed according to a plan as a single entity containing
one or more structures, with appurtenant common areas, to accommodate
commercial or office uses, or both, and any residential and other
uses incidental to the predominant use as may be permitted by ordinance.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous size, as specified by ordinance,
to be developed according to a plan as a single entity containing
one or more structures, with appurtenant common areas, to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by ordinance.
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in this chapter.
PLANNING BOARD
The Municipal Planning Board established pursuant to the
New Jersey Municipal Land Use Law, P.L. 1975, c. 291, Section 14,
N.J.S.A. 40:55D-23.
PLAT
The map of a subdivision.
PLAT, FINAL
The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations, and which, if approved, shall be filed with the Clerk of the County of Atlantic for recording, in accordance with law. A plat that receives final approval must be prepared by a New Jersey licensed land surveyor. If the "final plat" also contains engineering data and design, then it must also be signed by a New Jersey professional engineer in accordance with all of the provisions of Chapter
141, Laws of 1960.
PLAT, PRELIMINARY
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board for tentative approval and meeting the requirements of Article
XXIII of this chapter.
PLAT, SKETCH
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article
XX of this chapter.
PORCH
A roofed, open structure projecting from the front, side
or rear wall of a building.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to the New Jersey
Municipal Land Use Law, P.L. 1975, c. 291, Sections 34, 36 and 37,
N.J.S.A. 40:55D-48 and 40:55D-49, prior to final approval after specific
elements of a development plan have been agreed upon by the Planning
Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
PROFESSIONAL
A person rendering personal service(s) to the public for
remuneration in a field(s) which requires specialized knowledge and
training frequently involving higher education and an academic degree,
including, by way of example but not limitation, physicians and surgeons,
osteopaths, chiropractors, optometrists and ophthalmologists, attorneys
at law, professional engineers, land surveyors and land planners,
architects, certified public accountants, veterinarians (but without
any animal boarding facilities), certified land appraisers and others
of a similar nature. Said definition shall not include those engaged
in what has traditionally been called the "trades," such as contractors,
builders, plumbers, electricians, barbers/beauticians, real estate
brokers and salesmen, insurance brokers and salesmen and similar persons
or occupations.
[Added 7-24-1986 by Ord. No. 13-1986]
PROFESSIONAL OFFICE
The office of one or more professionals as defined herein,
including normal support staff and personnel.
[Added 7-24-1986 by Ord. No. 13-1986]
PUBLIC AREAS
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement 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 a 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 a municipal
agency, board of education, state or county agency or other public
body for recreational or conservational uses.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RECREATIONAL AREA
A private or public space, including essential buildings
and structures, used for play and recreational space for individuals.
RECYCLING AREA
Space allocated for collection and storage of source-separated
recyclable materials.
[Added 8-25-1994 by Ord. No. 11-1994]
RENTAL
A procedure by which services and/or real or personal property
are temporarily transferred to another person for a specific time
period in exchange for remuneration.
RESTAURANT
An establishment in which food and drink may be procured,
provided that such food and drink is primarily consumed while seated
at a table, counter or booth within the building. Sale of items for
consumption off premises shall be allowed, so long as such sales are
clearly subordinate to on-site service and consumption.
[Amended 7-9-1992 by Ord. No. 20-1992]
RESTAURANT, OUTDOOR
A part of a restaurant used for seasonal outdoor dining and
not used for any other purposes, which is located on property owned
by the restaurant and which is immediately contiguous and directly
connected to the dining area of the restaurant.
[Added 4-26-2012 by Ord. No. 5-2012]
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 any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
RETAIL SERVICE ESTABLISHMENTS
Establishments providing services to the general public for
personal use such as financial services offices, real estate and insurance
offices, educational and social services offices.
[Added 12-9-2010 by Ord. No. 15-2010]
RETAIL SHOPS
An establishment which sells items for consumption (excluding
alcoholic beverages) or personal use, with a maximum building cover
of 25%, such as a bakery, delicatessen, florist/gift shop, cell phone
shop, art gallery and camera shop.
[Added 12-9-2010 by Ord. No. 15-2010]
SCHOOL, PRIVATE
A duly organized school, other than a public school, giving
regular instruction in subjects ordinarily taught in the public schools
and not under the jurisdiction of the school district but properly
registered with the State of New Jersey.
SEDIMENTATION
The deposition of soil that has been transported from its
site or origin by water, ice, wind, gravity or other natural means
as a product of erosion.
SERVICE STATION
An area of land and any structure thereon which does not
sell gasoline or auto fuel but is used for the retail sale of lubricants
and other automobile-related products and incidental services to automobiles,
such as auto repairs, auto service, car washing and the sale, installation
and repair of tires, batteries or automobile accessories.
[Added 8-24-2017 by Ord.
No. 13-2017]
SIDEWALK
Includes both sidewalks located in the public right-of-way
and sidewalks located on private property outside of any public right-of-way
and any paved, surfaced or leveled area, paralleling and usually separated
from the traveled way, used as a pedestrian walkway.
[Added 4-26-2012 by Ord. No. 5-2012]
SIGN
Any device or representation for visual communication used
as, or which is in the nature of, an advertisement, announcement or
direction, including any letter, word, banner, pennant, insignia or
trade flag, but excluding any public traffic or directional signs.
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 necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to Article
VI of the Municipal Land Use Law, P.L. 1975, c. 291 (1976), N.J.S.A. 40:55D-37 et seq.
STANDARDS OF PERFORMANCE
Standards adopted by ordinance pursuant to the New Jersey
Municipal Land Use Law, P.L. 1975, c. 291, Section 52d, N.J.S.A. 40:55D-65,
regulating noise levels, glare, earth-born or sonic vibrations, heat,
electronic or atomic radiation, noxious odors, toxic matters, explosive
and inflammable matters, smoke and airborne particles, waste discharge,
screening of unsightly objects or conditions and such other similar
matters as may be reasonably required by the municipality, or required
by applicable federal or state laws or municipal ordinances.
STORY
The vertical distance from the top of two successive tiers
of beams or finished floor surfaces; and for the topmost story, from
the top of the floor finish to the top of the ceiling joists or, where
there is not a ceiling, to the top of the roof rafters. A loft and
a mezzanine shall be considered a story.
[Amended 12-27-2007 by Ord. No. 25-2007]
STORY, HALF
Any space partially within the roof framing where the clear
height of not more than 75% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
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 upon a plat heretofore approved pursuant to law,
or which is approved by official action as provided by this chapter,
or which is shown on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of a planning
board and the grant to such board of the power to review plats, 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.
STREET, COLLECTOR
A street which carries traffic from minor streets to the
major system of arterial streets. They shall include the principal
entrance street(s) of a residential development and streets for circulation
within such a development.
STREET LINE
The dividing line between a lot and a public street, road
or highway or a private street, road or way over which two or more
dominant estates have the right-of-way.
STREET, LOCAL
A street which is used primarily for access to the abutting
properties.
STREET, MARGINAL ACCESS
A street which is parallel to and adjacent to an arterial
street or highway and which provides access to abutting properties
and protection from through traffic.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or any
substantial change in the roof or in the exterior walls.
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.
SUBDIVIDER
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.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development, except that
the following divisions shall not be considered "subdivisions"; provided,
however, that no new streets or roads or the extension of water, sewer
or drainage lines, or other municipal improvements are involved; divisions
of property by testamentary or intestate provisions or divisions of
property upon court order; divisions of property having more than
one single- or two-family dwelling constructed and occupied prior
to the adoption of this chapter, which division does not meet the
lot size and area requirements of this chapter but which will result
in one single- or two-family dwelling on each separate lot, provided
that said division shall not result in one or more vacant lots; that
the property to be divided is in single ownership; that said division
shall result in not more than three lots fronting upon an existing
street; and that each lot shall have its own sewer and water connection
connected to an approved public system. "Subdivision" also includes
resubdivision and, where appropriate to the context, relates to the
process of subdividing or to the lands or territory divided.
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing subdivisions
in accordance with the provisions of this chapter and such duties
relating to land subdivision which may be conferred on this Committee
by the Board.
TENTATIVE APPROVAL
Approval by the Planning Board of a preliminary plat with
rights as specified herein.
TRANSIENT GUEST OR CLIENTELE
A temporary occupant of a hotel or motel or rooming house.
A "transient guest or clientele" shall not occupy a room or unit located
within the same building or located on the same municipal tax lot
for more than 120 consecutive days and shall not occupy such room
or unit for more than 200 days in any period of 365 days.
[Added 7-24-1986 by Ord. No. 13-1986]
TRAVEL TRAILER
A vehicular, portable structure built on a chassis designed
to be used as a temporary dwelling for travel, recreational and vacation
uses, permanently identified "travel trailer" by the manufacturer
of the trailer and, when factory equipped for the road, having a body
width not exceeding eight feet and a body length not exceeding 32
feet.
UPLANDS or WETLANDS
The demarcation line between uplands and wetlands areas of
a developmental parcel shall be as determined by the New Jersey Department
of Environmental Protection Wetlands Maps and as finally set and established
by the New Jersey Department of Environmental Protection for such
project. "Uplands" shall be all land not designated "wetlands." No
"wetlands" area shall be used in the calculation of density of lot
coverage.
[Added 7-24-1986 by Ord. No. 13-1986]
USE
Any purpose for which a building or other structure or tract
of land may be designed, arranged, intended, maintained or occupied,
or any activity, occupation, business or operation carried on in a
building or other structure on a tract of land.
USED CAR LOT
An area used for the storage and display of used automobiles
advertised for sale, including motorcycles, trucks or any other motorized
vehicle.
USE, PRINCIPAL
The main or primary purpose or purposes for which land, a
structure or a building is designed, arranged or intended or for which
it may be occupied or maintained under this chapter.
VARIANCE
Permission to depart from the literal requirements of a zoning
ordinance pursuant to the New Jersey Municipal Land Use Law, P.L.
1975, c. 291, Section 47, N.J.S.A. 40:55D-60; and Subsections 29.2b,
57c and 57d of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-40
and 40:55D-70.
WINDOW, LEGAL
A window or portion of a window (including a window either
in addition to or as a substitute for mechanical ventilation) which
is required by any applicable law or statute or other city codes or
ordinances to provide light or ventilation to a room used for living
purposes.
YARD
An open unoccupied space on the same lot with the main building,
open and unobstructed from the ground upward.
YARD DEPTH, REAR
The mean distance from the rear lot line or its vertical
projection to the part of the building that is nearest thereto at
any story level.
YARD, FRONT
A yard extending the full width of the lot and extending
from the front line of the main building, projected to the side lines
of the lot, to the street line.
YARD, REAR
A yard extending the full width of the lot, and extending
from the rear line of the lot to the rear line of the main building,
projected to the side lines of the lot.
YARD, SIDE
A yard extending from the front yard to the rear yard between
the main building and the adjacent side line of the lot.
YARD WIDTH, SIDE
The minimum distance between the side lot line or its vertical
projection and the side walls of the building.
ZONING PERMIT
A document signed by the administrative officer which is
required by ordinance as a condition precedent to commencement of
a use or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of this chapter or variance therefrom duly authorized by a municipal
agency pursuant to Sections 47 and 57 of the New Jersey Municipal
Land Use Law, P.L. 1975, c. 291, N.J.S.A. 40:55D-60 and 40:55D-70.