Terms defined. When used in this chapter, the following terms shall
have the meanings herein ascribed to them:
ACCESSORY USE OR STRUCTURE
An accessory structure or use in a structure or use which:
(1)
Is subordinate to and serves a principal building or a principal
use.
(2)
Is subordinate in area, extent and purpose to the principal
structure or principal use served.
(3)
Contributes to the comfort, convenience or necessity of the
occupants, business or industry of the principal structure or principal
use served.
(4)
Is located on the same lot as the principal structure or principal
use served, except as otherwise expressly authorized by the provisions
of this chapter.
ADVERTISING SIGN
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
ALLEY
A thoroughfare not more than 20 feet wide which affords only
a secondary means to access to abutting property.
AMENDMENT
A means for making changes in the text of this chapter and the Zoning Map, which have more or less general significance or application, as expressly authorized by the provisions of Part
4, Article
XVIII, of this chapter.
ANIMATED OR MOVING SIGN
Any sign or part of a sign which changes physical position
by any movement or rotation or which gives the visual impression of
such movement or rotation.
APARTMENT
A room or suite of rooms used as a single dwelling unit and
located in a building in which there are two or more such rooms or
suites.
APARTMENT BUILDING
(1)
GARDENA residential structure of no more than three stories containing three or more apartments.
(2)
HIGH-RISEA residential structure of more than three stories containing three or more apartments.
APPEAL
A means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of §§
163-185, 163-190 and
163-195 of this chapter.
APPLICANT
A developer submitting an application for development.
[Added 6-15-1988 by Ord. No. 1-1988]
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by the provisions of this chapter for approval of a subdivision plat,
site plan, planned development, conditional use or variance from the
strict application of this chapter.
ARCADE
A continuous area parallel to and open to the street or to
an urban open space, which is accessible to the public at all times
and conforms to the following requirements:
(1)
It shall adjoin a front lot line or urban open space boundary,
extend for the full length of or a minimum of 100 feet along such
front lot line or urban open space boundary, and at no point be above
the level of adjoining public sidewalk or urban open space.
(2)
It shall be covered by a permanent canopy or part of a building
allowing at least 12 feet of headroom.
(3)
It shall have a minimum depth of eight feet and a maximum depth
of 20 feet, measured perpendicular to the front lot line or urban
open space boundary.
(4)
Portions of an "arcade" that are obstructed by columns, building
services or similar features do not qualify as "arcade" area, but
landscaping or works of art may occupy qualified "arcade" area, provided
that a minimum clear width of six feet remains for pedestrian circulation
along the length of the "arcade" and that public access from the street
or urban open space is nowhere obstructed for a length of more than
20 feet or for an aggregate length of more than 65% of the "arcade's"
total length within the lot. Access openings between obstructions
shall not be less than six feet in width.
ATTENTION-GETTING DEVICE
A device designed or intended to attract attention by sudden,
intermittent or rhythmic movement, physical change or lighting change,
such as pennants, banners, flags, streamers, balloons, propellers,
whirligigs, searchlights and flashing lights.
ATTIC
That part of a building which is immediately below and, wholly
or partly, within the roof framing.
AUTOMOBILE REPAIR
General repair, rebuilding or reconditioning of engines,
motor vehicles or trailers.
[Amended 6-15-1988 by Ord. No. 1-1988]
AUTOMOBILE SALES
Any building, land area or other premises used for the display
or sale of new or used automobiles, trucks, trailers or boats, but
not including any repair work other than warranty and other repair
service conducted as an accessory use on such premises.
AUTOMOBILE SERVICE STATION
Any building, land area or other premises or portion thereof
used or intended to be used for the retail dispensing or sales of
automobile fuels, which activity may be accompanied by accessory uses
such as sales of lubricants, tires, accessories or supplies, minor
repairing of automobiles or a single-bay auto wash; provided, however,
that automobile wrecking, major repairing of automobiles, parking
or storing of automobiles for hire and the operation of more than
one towing vehicle shall not be deemed permissible accessory uses
of an "automobile service station."
AUTOMOBILE WRECKING
The dismantling or disassembling of motor vehicles or trailers
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
AUTO WASH
Any building or premises or portion thereof, the use of which
is devoted to the business of washing automobiles for a fee, whether
by automated cleaning devices or otherwise.
AWNING, CANOPY OR MARQUEE SIGN
A sign that is mounted or painted on or attached to an awning,
canopy or marquee that is otherwise permitted by this chapter. No
such sign shall project above, below or beyond the physical dimensions
of such awning, canopy or marquee.
BASEMENT
A portion of a building located partly underground and having
less than 1/2 its clear floor-to-ceiling height below grade.
BOARDER
A person, other than a member of a family or group family
household, occupying a part of any dwelling who, for a consideration,
is furnished a meal or meals in such dwelling.
BOARDINGHOUSE
A dwelling where meals and lodging are provided for compensation
for from three to 15 persons, who are not transients, by prearrangement
for definite periods.
BOARD OF ADJUSTMENT
The City of Atlantic City Zoning Board of Adjustment, established pursuant to Article
VI of this chapter.
BOARDWALK
An elevated public pedestrian walkway constructed over a
public street along the oceanfront pursuant to ordinances of the City
of Atlantic City.
BUILDING
Any structure of more or less permanent construction, having
a roof and designed or intended for sheltering people, animals, property
or business activity. Where independent units with separate entrances
are divided by party walls, each unit is a "building."
BUILDING FRONT
That exterior wall of a building facing the front line of
the lot.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BULK AND SPACE REGULATIONS
The regulations of this chapter pertaining to the permissible
or required height, volume, area, floor area, floor area ratio, minimum
lot area and dimensions to area per unit or per bedroom, lot coverage
and usable open space applicable to uses and structures. The term
does not include yard requirements.
BULLETIN BOARD SIGN
A sign which identifies an institution or organization on
the premises of which it is located and which contains the name of
the institution or organization, the name or names of the person or
persons connected with it and greetings, announcements of events or
activities occurring at the institution or similar messages.
BUSINESS SIGN
A sign which directs attention to a business or profession
conducted, or to a commodity or service sold, offered or manufactured,
or to an entertainment offered on the premises where the sign is located.
CASINO
A room in which casino gaming is conducted pursuant to the
provisions of the New Jersey Casino Control Act.
[Amended 6-15-1988 by Ord. No. 1-1988]
CELLAR
A portion of a building located partly or wholly underground,
having 1/2 or more than 1/2 of its clear floor-to-ceiling height below
grade.
CLINIC
An establishment where patients who are not lodged overnight
are admitted for examination and treatment by two or more physicians,
dentists, psychologists, social workers or similar professionals practicing
together.
[Amended 6-15-1988 by Ord. No. 1-1988]
COASTAL AREA
The coastal area designated by the New Jersey Coastal Area
Facility Review Act Rules and Regulations or successor legislation.
COASTAL WETLANDS
The coastal wetlands designated by the New Jersey Wetlands
Act of 1970 or successor legislation.
COMMERCIAL PLANNED DEVELOPMENT
An area developed pursuant to §
163-162 as a single entity according to a plan, containing one or more structures with appurtenant common areas to accommodate commercial uses, office uses and other incidental uses pursuant to said section.
COMPLETELY ENCLOSED BUILDING
A building separated on all sides from the adjacent open
area or from other buildings or structures by a permanent roof and
by exterior walls or party walls pierced only by windows or doors
normally provided for the accommodation of persons, goods or vehicles;
however, a parking structure which has less than 50% of its outer
wall space open shall be considered a "completely enclosed building."
CONDOTEL
A building containing condominium units, rooms or suites
of rooms, with or without culinary facilities and subject to a timeshare
plan or transient vacation rentals.
[Added 6-15-1988 by Ord. No. 1-1988]
CONSTRUCTION SIGN
A temporary sign erected on premises on which construction
is taking place during the period of such construction, indicating
the names of the architects, engineers, landscape architects, contractors
and similar artisans and the owners, financial supporters, sponsors
and similar persons or firms having a role or interest with respect
to the structure or project.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development
of Atlantic County, New Jersey, 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 or their successor
statutes.
COURT
Open space, other than a yard, and unoccupied except by obstructions
permitted in the definition of "yard," as set forth in this section,
on the same lot with a building, which is bounded on two or more sides
by the walls of such building.
CURB LEVEL
The permanently established grade of the street in front
of a lot.
DAY
For purposes of computing time limits, the word "day" refers
to calendar day.
DAY CARE
Daytime care or instruction of three or more children away
from their own homes for more than three but less than 16 hours per
day by an individual, association, corporation, institution or agency,
whether or not for compensation or reward.
DAY-CARE CENTER
A place, other than an occupied residence, providing or designed
to provide day care, or an occupied residence providing or designed
to provide day care for seven or more children.
DAY-CARE HOME
An occupied residence providing or designed to provide day
care for not more than six children.
DAY-CARE NURSERY
A place providing or designed to provide daytime care or
instruction for three or more children from two to five years of age
for up to three hours per day, whether or not for compensation or
reward.
DEDICATION
The transfer of property from private to public ownership
for a public purpose.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
[Amended 6-15-1988 by Ord. No. 1-1988]
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; any
mining, excavation or landfill; any use or change in the use of any
building or other structure or land; and any extension of use of land
for which permission may be required pursuant to this chapter.
DEVELOPMENT REGULATION
This chapter and any other code, ordinance or regulation
applicable to the use and development of land or any amendment thereto
adopted and filed pursuant to the provisions of the New Jersey Municipal
Land Use Law or similar or successor legislation applicable to any
department, division or agency of the state or any of its political
subdivisions.
DISTANCE OF SIGN PROJECTION
The distance from the exterior wall surface of a building
to the sign element farthest distant from such surface.
DISTRICT
A portion of the territory of Atlantic City within which
certain regulations and requirements or various combinations thereof
apply pursuant to the provisions of this chapter.
DISTRICT BOUNDARY LINE
The lines enclosing a district as shown on the Zoning Map. Any uncertainty as to the location of the district boundaries as shown on the Zoning District Map shall be resolved pursuant to §
163-53 of this chapter.
DISTRICT BOUNDARY LOT
Any lot or parcel of land, any lot line of which coincides
with a district boundary line or which is contiguous to any public
or private right-of-way containing a district boundary line.
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.
DRIVE-IN ESTABLISHMENTS
An establishment which, by design of physical facilities
or by service or packaging procedures, encourages or permits customers
to receive a service or obtain a product which may be used or consumed
in a motor vehicle on the premises or to be entertained while remaining
in an automobile.
DUPLEX
See "dwelling," Subsection
(1) thereof.
DWELLING
Any structure or portion thereof which is designed or used
for residential purposes.
(1)
DUPLEX DWELLINGA dwelling designed for and occupied by not more than two families or group family households in separate 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.
(3)
SINGLE-FAMILY DETACHED DWELLINGA dwelling designed for and occupied by not more than one family or group family household and surrounded by open space or yards and having no roof, wall or floor in common with any other dwelling unit.
(4)
TOWNHOUSE DWELLINGA row of four or more adjoining dwelling units, each of which is separated from the others by one or more unpierced walls extending from ground to roof.
(5)
SINGLE-FAMILY ATTACHED DWELLINGTwo or three adjoining dwelling units, each of which is separated from the other(s) by one or more unpierced walls extending from ground to roof.
[Added 11-6-2002 by Ord. No. 55-2002]
DWELLING UNIT
Any room or group of rooms located within a dwelling forming
a single habitable unit, with facilities which are used or intended
to be used for living, sleeping, cooking, eating and sanitation by
one family or group family household.
(1)
EFFICIENCY DWELLING UNITA dwelling unit consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.
DWELLING UNIT CONVERSION
The rebuilding, remodeling, addition to, alteration, extension
or enlargement of, or conversion in any manner of an existing building
to increase the number of dwelling units contained therein.
ENLARGEMENT
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in that portion of a tract of land occupied by an existing use.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
EXISTING ELEVATIONS
The elevations of all portions of a site prior to any site
preparation work related to a proposed use for which approval under
or pursuant to this chapter is required.
EXTENSION
An increase in the amount of existing floor area used for
an existing use within an existing building.
EXTERIOR WALL
Any wall which defines the exterior boundaries of a building
or its courts or of a structure.
FAMILY
One or more persons related by blood, marriage, adoption or guardianship, or not more than three persons not so related, occupying a dwelling unit and living as a single housekeeping unit. See also §
163-66C of this chapter with respect to group family households.
FILLING
The depositing on land, whether submerged or not, of sand,
gravel, earth or other materials of any composition whatsoever.
FINISH ELEVATIONS
The proposed elevations of the land surface of a site after
completion of all site preparation work related to the proposed use
for which approval under or pursuant to this chapter is required.
FLASHING SIGN
Any directly or indirectly illuminated sign which exhibits
changing natural or artificial light or color effects by any means
whatsoever.
FLOOD FRINGE AREA
That portion of the flood hazard area not designated as the
floodway.
FLOOD HAZARD AREA
The floodway and any additional designated portions of the
floodplain.
FLOODPLAIN
The relatively flat area adjoining the channel of a natural
stream, which has been or may be hereafter covered by floodwater.
FLOODWAY
The channel of a natural stream and portions of the floodplain
adjoining the channel which are reasonably required to carry and discharge
the floodwater or flood flow of any natural stream.
FLOOR AREA
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior faces of the exterior walls
or from the center line of a wall separating two buildings. The "floor
area" of a building shall include all floors at or above the finished
grade. The "floor area" shall include attic floor area only to the
extent that such floor area meets the dimensional standards for "habitable
floor area" as defined in this section.
[Amended 6-15-1988 by Ord. No. 1-1988]
FLOOR AREA RATIO (FAR)
The floor area of the building or buildings on any lot divided
by the lot area of such lot. When used in this chapter, the "floor
area ratio" multiplied by the lot area in question produces the maximum
amount of floor area that may be constructed on such lot.
FOOTCANDLE
A unit of illumination; technically, the illumination at
all points one-foot distant from a uniform point source of one candle
power.
FRATERNAL ORGANIZATION
A group of people formally organized for a common interest,
business or pleasure. Such groups shall be defined to be similar but
not limited to organizations as the Masonic Lodge, Knights of Columbus,
etc.
FRATERNITY OR SORORITY HOUSE
A dwelling unit maintained exclusively for members affiliated
with an academic or professional college, university or other recognized
institution of higher learning.
FREE BURNING
A rate of combustion described by material which burns actively
and easily supports combustion; for example, coal and charcoal.
FREESTANDING OUTDOOR RETAIL SALES, FOOD MARKETS, PRODUCE SALES,
FOOD SALES, FLEA MARKETS AND OTHER SIMILAR TYPE USES
Uses established on vacant land, lots or parking lots, which
are not an extension of the same uses contained and functioning within
an adjacent structure, intended to operate on a seasonal or similar
type temporary basis. In addition, such uses are generally characterized
by the need to establish booths, stalls, tables or other similar temporary
devices for the sale of goods or by the sale of goods from vans, trailers,
food carts, station wagons or other similar type vehicles.
[Added 7-21-1993 by Ord. No. 53-1993]
GARAGE
A deck or building or part thereof used or intended to be
used for the parking and storage of vehicles at one or more levels.
[Amended 2-5-1986 by Ord. No. 92-1985; 6-15-1988 by Ord. No.
1-1988]
GOVERNMENTAL AGENCIES
The government of the United States of America; the State
of New Jersey or any other state; their political subdivisions, agencies
or instrumentalities; and interstate and regional agencies exercising
powers of government.
GOVERNMENTAL SIGN
A sign erected and maintained pursuant to and in discharge
of any governmental function or required by any law, ordinance or
governmental regulation.
GRADE
(1)
For buildings and structures more than five feet from any street
line, the average level of the finished surface adjacent to the building
or structure.
(2)
For buildings or structures, any portion of which is located
within five feet of a street line or lines, the curb level or the
average of the curb levels or their equivalent established ground
surface adjacent to such street line or lines. Where a lot fronts
upon two or more streets of different average levels, the average
curb level of the higher street may be taken as the base for measuring
the height of open spaces and buildings to a distance 100 feet back
from the street with the higher curb level.
(3)
For buildings or structures, the height of which is measured
from the Boardwalk, the average level of the Boardwalk adjacent to
such building or structure.
(4)
For buildings or structures, the height of which is to be measured
from sea level, sea level.
GROUND AREA OF BUILDING
The horizontal area measured around the outside of the exterior
walls and the floors of roofed porches and roofed terraces of all
principal and accessory buildings on a lot.
GROUND SIGN
Any sign, other than a pole sign, placed upon or supported
by the ground independently of any other structure.
GROUP FAMILY HOUSEHOLD
A group of four or more persons, not related by blood, marriage or adoption, living together in a dwelling unit as a single housekeeping unit under a common housekeeping management based on an intentionally structured relationship of mutual responsibility providing an organization and stability essentially equivalent to that found in families based on relationships of marriage and blood. The Land Use Administrator shall determine whether or not a group of individuals constitute a "group family household" and shall be guided in his decision by the factors set forth in §
163-66C of this chapter.
HABITABLE FLOOR AREA
Floor area in a habitable room, which room has a clear floor-to-ceiling
height of not less than 7 1/2 feet over an area having no horizontal
dimension of less than seven feet; provided, however, that no floor
area where the ceiling height over such floor area is less than five
feet shall be considered "habitable floor area."
HABITABLE ROOM
Any room or enclosed space used or intended to be used for
sleeping, living, cooking or dining purposes, excluding, however,
kitchens having less than 70 square feet of floor area and further
excluding such enclosed places as utility rooms, closets, pantries,
bath or toilet rooms, hallways, cellars, storage spaces, garages and
similar spaces.
HEIGHT OF BUILDING
The vertical distance measured from base flood elevation
to the highest point of the roof for flat roofs, to the deck line
for mansard roofs and to the mean height between eaves and ridge for
gable, hip and gambrel roofs.
[Amended 5-21-2014 by Ord. No. 25-2014]
HEIGHT OF SIGN
The vertical distance measured between grade and the highest
point of the highest element of the sign excluding any incidental
structural element, such as uplift cable for a projecting sign.
HOLIDAY DECORATIONS
Temporary signs in the nature of decorations, clearly incidental
to and customarily and commonly associated with any national, local
or religious holiday.
HOME OCCUPATION
A business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which use is incidental and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building. "Home occupations" are subject to the regulations set forth in §
163-67 of this chapter.
HOSPITAL
An institution providing health services and medical or surgical
care to persons, primarily temporary inpatients, suffering from illness,
disease, injury, deformity or other abnormal physical or mental condition
and including, as an integral part of the institution, related facilities
such as laboratories, outpatient facilities or training facilities.
"Hospital" does not include institutions for the permanent care of
or occupation by the poor, infirm, incurable or insane.
HOTEL
A building or group of buildings containing more then six
rooms used or intended to be used for lodging of a transient clientele
for compensation, at least 75% of the rooms of which have their principal
entrance from an interior hallway common to more than two rooms and
in which common dining and recreation rooms, shops and service establishments
may be provided as accessory uses.
(1)
CASINO HOTELA single building under one ownership, located within the limits of the City of Atlantic City as said limits were defined as of November 2, 1976, and containing not fewer than 500 sleeping units, each of at least 325 square feet measured to the center of perimeter walls, including bathroom and closet space and excluding hallways, balconies and lounges; each containing private bathroom facilities; and each held available and used regularly for the lodging of tourists and convention guests and conforming in all respects to the facilities requirements contained in the New Jersey Casino Control Act. For the purpose of exceeding the maximum casino size specified
in that Act, an approved hotel may, by means of physical connection,
annex additional buildings or facilities. "Physical connection," for
the purposes herein, means an enclosed permanent pedestrian passageway.
In no event shall the main entrance or only access to an approved
hotel be through a casino.
IDENTIFICATION SIGN
A sign giving the name, logo, trademark or other identifying
symbol; address; or any combination of the name, symbol and address
of a building, business, development or establishment on the premises
where it is located.
ILLUMINATED SIGN
A sign lighted by or exposed to artificial lighting, either
by lights on or in the sign or directed towards the sign.
INDUSTRIAL PLANNED DEVELOPMENT
An area developed pursuant to §
163-163 of this chapter as a single entity according to a plan, containing one or more structures with appurtenant common areas to accommodate industrial uses and other incidental uses pursuant to said section.
INTENSE BURNING
A rate of combustion described by a material that burns with
a high degree of activity and is consumed rapidly; for example, sawdust
and powder, flaked or strip magnesium.
INTERESTED PARTY
In a criminal or quasi-criminal proceeding arising out of
this chapter, any citizen of the State of New Jersey, and in the case
of a civil proceeding arising out of or involving this chapter in
any court or in any administrative proceeding under this chapter,
any person, whether residing within or without the City of Atlantic
City, whose right to use, acquire or enjoy property is or may be affected
by any action taken under this chapter, or whose right to use, acquire
or enjoy property under this chapter 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 chapter.
JOINT IDENTIFICATION SIGN
A sign which serves as common or collective identification
for two or more commercial, resort or industrial uses sharing an office
plaza, shopping center, industrial park or the like and which is located
on such premises. Such sign shall be limited in content to identification
of the plaza, center, park or the like shared by such uses and shall
not contain any reference to the individual uses sharing the plaza,
center, park or the like.
JUNKYARD
A lot, land or structure or part thereof used for the purchase,
collection, storage, recycling or sale of wastepaper, rags, scrap
metal or other scrap or discarded goods, materials, machinery or vehicles.
KENNEL
Any building or lot on which four or more domesticated animals
more than four months of age are housed, groomed, bred, boarded, trained
or sold.
LAND
Includes improvements and fixtures on, above or below the
surface.
LAND SURVEYOR
A person who, by reason of his special knowledge of the mathematical
sciences, the principles of determining and establishing accurate
field measurements by means of land surveying procedures, the law
pertaining to land and the methods whereby land boundaries are so
marked, defined and described that they remain forever fixed, all
acquired by professional training and experience, is qualified to
practice land surveying as attested by his license as a land surveyor.
LAUNDROMAT
An establishment providing washing, drying or dry-cleaning
machines, or both, on the premises for rental use to the general public
for family laundering or dry-cleaning purposes.
LOADING SPACE
An unobstructed, hard-surfaced area, no part of which is
located in any street or public right-of-way, and the principal use
of which is for the standing, loading or unloading of trucks and trailers.
LOT
A parcel of land under single ownership, undivided by any
street or private road and occupied by or designated to be developed
for one building or principal use or for a planned development of
more than one principal building or use and the accessory buildings
or uses customarily incident to such building, use or development,
including such open spaces and yards as are designed and arranged
or required by this chapter to be used with such building, use or
development.
(1)
CORNER LOTA lot abutting upon two or more streets at their intersection or junction, or a lot bounded on two sides by a curving street where it is possible to draw two intersecting tangents, one each commencing at each of the two points of intersection of the lot lines and street line, which intersect with each other to form an interior angle of less than 135°. Any portion of a "corner lot" whose nearest frontage measured along the front lot line is more than 50 feet from the point of intersection of the two street lines or of the two tangents shall be subject to the regulations applicable to an interior lot.
LOT AREA
The total horizontal area included within lot lines.
(1)
LOT AREA PER DWELLING UNITThat portion of the lot area required by the applicable provisions of this chapter for each dwelling unit located on a lot.
(3)
MINIMUM AREA OF LOTThe smallest lot on which a particular use or structure may be located in a particular district.
LOT COVERAGE
The percentage of lot area occupied by the principal and
accessory buildings on such lot at grade level or above, excluding
roof overhangs.
LOT DEPTH
The mean horizontal distance from the front lot line to the
rear lot line, measured perpendicular to the front lot line.
LOT LINE
A line bounding a lot which divides one lot from another
or from a street or any other public space or a private road.
(1)
FRONT LOT LINEIn the case of an interior lot abutting upon only one street, the street line separating such lot from such street; in the case of a double frontage lot or corner lot, each street line separating such lot from a street shall be considered a "front lot line."
[Amended 6-15-1988 by Ord. No. 1-1988]
(2)
REAR LOT LINEThat lot line which is parallel to and most distant from the front lot line of the lot; provided, however, that in the case of an irregular, triangular or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the "rear lot line."
LOT OF RECORD
A parcel of land that is a lot in a subdivision recorded
on the records of the recorder of deeds of Atlantic County or that
is described by a metes and bounds description which has been so recorded.
LOT WIDTH
The mean horizontal distance between side lot lines, measured
at right angles to the depth; provided, however, that "lot width"
measured along the front lot line shall not be less than 80% of the
required minimum "lot width."
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by the
City for the maintenance of any improvement required by this chapter.
[Amended 6-15-1988 by Ord. No. 1-1988]
MEMORIAL SIGN
A sign or tablet memorializing a person, event, structure
or the like.
MINOR SUBDIVISION
A subdivision of land that does not involve any of the following:
the creation of more than four lots, a planned development pursuant
to this chapter, the laying out of any new street or the extension
of any off-tract improvement.
MODERATE BURNING
A rate of combustion described by a material which supports
combustion and is consumed slowly as it burns; for example, wood,
timber and logs.
MORE RESTRICTIVE OR LESS RESTRICTIVE DISTRICT
The R-1 classification shall be deemed to be the most restrictive classification established by this chapter, and the L-I classification shall be deemed to be the least restrictive classification. Other classifications shall be deemed to become less restrictive than the R-1 District in the order of their listing in §
163-52 of this chapter; provided, however, that the RS-C District and the special purpose districts shall be considered neither more nor less restrictive than any other district.
MOTEL
A building or group of buildings containing more than six
rooms used or intended to be used for lodging of a transient clientele
for compensation and which has individual entrances from the outside
of the building for more than 25% of the dwelling or rooming units
located therein.
NAMEPLATE SIGN
A sign giving the name or address, or both, of the owner
or occupant of a building or premises on which it is located.
NEIGHBORHOOD HEALTH CENTER
A clinic organized as a voluntary, nonprofit enterprise to
provide health care services to a broad socio-economic mix of patients
within a specific service area.
NONCONFORMING BUILDING OR STRUCTURE
Any building or structure, other than a sign, lawfully existing
on the effective date of this chapter, or any amendment to it rendering
such building or structure nonconforming, which:
(1)
Does not comply with all of the regulations of this chapter
or any amendment hereto governing parking or space and bulk requirements
for the zoning district in which such building or structure is located;
(2)
Is located on a lot which does not or is so located on a lot
as not to comply with the yard requirements for the zoning district
in which such building or structure is located; or
(3)
Both Subsections
(1) and
(2) above, except that any building containing more than one dwelling unit in addition to the number permitted by the district regulations in the district where it is located shall be deemed to be a nonconforming use rather than a nonconforming building.
NONCONFORMING LOT OF RECORD
A lot of record which does not comply with the lot requirements
for any permitted use in the district in which it is located.
NONCONFORMING SIGN
Any sign lawfully existing on the effective date of this
chapter, or any amendment to it rendering such sign nonconforming,
which does not comply with all of the standards and regulations of
this chapter or any amendment hereto.
NONCONFORMING USE
Any use lawfully being made of any land, building or structure,
other than a sign, on the effective date of this chapter, or any amendment
to it rendering such use nonconforming, which does not comply with
all of the regulations of this chapter or any amendment hereto governing
use for the zoning district in which such land, building or structure
is located.
NURSING HOME
An establishment which provides full-time convalescent or
chronic care, or both, for three or more individuals who are not related
by blood or marriage to the operator and who, by reason of advanced
age, chronic illness or infirmity, are unable to care for themselves.
No care for the acutely ill or surgical or obstetrical services shall
be provided in such an establishment, and a hospital shall not be
construed to be included in this definition.
ODOROUS MATTER
Any material that produces an olfactory response in a human
being.
ODOR THRESHOLD
The lowest concentration of odorous matter in the air that
will produce an olfactory response in a human being.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Atlantic County pursuant to N.J.S.A. 40:27-5.
OFF SITE
Anything located outside the lot lines of the lot in question
but within the property (of which the lot is a part) which is the
subject of a development application or on a contiguous portion of
a street or right-of-way.
OFF TRACT
Anything 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-SITE INFORMATIONAL SIGN
A sign commonly associated with and limited to information
and directions necessary or convenient for persons coming on the property,
including signs marking entrances and exits, parking areas, one-way
drives, restrooms, pickup and delivery areas and the like.
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 improvements that are designed
to be incidental to the natural openness of the land.
(1)
COMMON OPEN SPACEOpen space held in private ownership and regularly available for use by the occupants of more than one dwelling.
(2)
PERIMETER LANDSCAPED OPEN SPACEA landscaped open space intended to enhance the appearance of parking lots and other outdoor auto-related uses or to screen incompatible uses along district boundary lines by means of appropriate landscaping or screening. Except as expressly provided otherwise in the regulations requiring a "perimeter landscaped open space," such open space shall extend along the entire length of the lot line in question and shall have a width equal to 15 feet or the depth or width of the yard required along the lot line in question, whichever is greater. "Perimeter landscaped open space" shall be broken only by required accessways. Such "perimeter landscaped open space" shall be suitably surfaced with grass, ground cover or decorative paving material or a combination thereof and shall contain landscaping, such as ornamental trees and shrubs, or appropriate screening devices, such as decorative walls, fences or berms or a combination thereof, sufficient to create a permanent screen not less than eight feet in height. Not more than 30% of such screen shall consist of walls or fences. The space shall be so designed and maintained as to preserve unobstructed vision of the street and sidewalk at points of access. Where a "perimeter landscaped open space" is required, a landscaping plan shall be submitted to the Land Use Administrator for review.
(3)
PRIVATE OPEN SPACEOpen space held in private ownership, the use of which is normally limited to the occupants of one dwelling.
(4)
PUBLIC OPEN SPACEOpen space conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.
(5)
URBAN OPEN SPACEA landscaped public open area which conforms to the following requirements:
(a)
Is accessible to the public at all times.
(b)
Extends along a street line for a length of at least 30 feet
and is directly accessible from the public sidewalk for a length of
at least 30 feet or is directly connected by an entrance at least
10 feet wide with an upper level pedestrianway designated as such
on the skyway plan.
(c)
Has a depth of not less than 30 feet.
(d)
Is not more than three feet above or below the level of the
public sidewalk which it adjoins or the level of the upper level pedestrianway
with which it connects.
(e)
Is landscaped with trees, shrubs or other plant materials and
may include cafe furniture, sculpture, fountains or similar features,
provided that the surface area occupied by such planting or features
does not exceed 2/3 of the area of the "urban open space" and that
the balance of the "urban open space" area is suitable for walking,
sitting and similar pursuits.
(6)
USABLE OPEN SPACEOpen space which is open and unobstructed from its lowest level to the sky, except for roof overhangs not in excess of five feet, and which is accessible to and usable by residents residing on the lot. "Usable open space" may include areas at the ground level and on roofs, terraces, decks and balconies, provided that such areas meet other criteria set forth in this definition. The minimum dimension for "usable open space" at the ground level shall be 10 feet, and the minimum area shall be 100 square feet. The minimum dimensions for "usable open space" located on roofs or decks shall be 20 feet, and the minimum area shall be 400 square feet. The minimum width for "usable open space" or a balcony shall be five feet, and the minimum area shall be 50 square feet.
PARKING AREA
Any land area designed and used for the parking of not more
than three vehicles.
PARKING LOT
Any land area used or intended to be used for the parking
of more than three vehicles.
[Amended 6-15-1988 by Ord. No. 1-1988]
PARKING SPACE
A space for the parking of a motor-driven vehicle within
a public or private parking area.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and governmental agencies entitled to notice under §
163-200 of this chapter.
PERIMETER SETBACK
A clear and unoccupied space extending along the entire lot
line to a depth specified in the applicable provisions of this chapter.
The depth of the "perimeter setback" area shall be measured at right
angles to the lot line of the property.
PLANNING BOARD
The City of Atlantic City Planning Board established pursuant to Part
2, Article
V, of this chapter.
PLAT
One or more maps of a subdivision or a site plan which show
the location, boundaries and ownerships of individual properties.
POLE SIGN
A sign that is mounted on a freestanding pole or other supports
so that the bottom edge of the sign face is six feet or more above
grade.
POLITICAL SIGN
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election.
PORCH, OPEN
A roofed open structure projecting from the exterior wall
of a building and having at least 70% of the total area of the vertical
planes forming its perimeter unobstructed in any mariner between floor
and ceiling except by insect screening.
PORTABLE SIGN
A sign that is not permanently affixed to a building, a structure
or the ground.
PREMISES
A lot, plot or parcel of land, together with the buildings
and structures thereon.
PRINCIPAL PATRON CONNECTOR (PIER)
An above grade enclosed structural element linking a pier
with a casino hotel or related facility and used primarily for patron
access and egress to a pier.
[Added 8-6-1997 by Ord. No. 45-1997]
PRIVATE CLUB OR LODGE
A building and related facilities owned or operated by a
corporation, association or group of persons for social, educational
or recreational purposes for members regularly paying dues, but not
primarily for profit nor to render a service which is customarily
carried on as a business.
PRIVATE SALE OR EVENT SIGN
A temporary sign advertising private sales of personal property
at house sales, garage sales, rummage sales and the like, or private,
not-for-profit events such as picnics, carnivals, bazaars, game nights,
art fairs, craft shows, Christmas tree sales and the like.
PROJECTING SIGN
A sign that is, wholly or partly, dependent upon a building
for support and which projects more than 12 inches from such building.
PUBLIC AREAS
Areas dedicated to any governmental agency for use as 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 any governmental agency 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 IMPROVEMENT
Any improvement, facility or service, together with its associated
public site or right-of-way, necessary to provide transportation,
drainage, utility, energy or similar essential services, including
but not limited to streets, drives, sidewalks, walkways and other
vehicular and pedestrian circulation systems, together with customary
improvements and appurtenances such as signaling, signage, curbs and
gutters, shade trees and landscaped buffers or parkways and street
furniture; facilities incidental to a public transportation system
such as loading zones, turnarounds, passenger waiting areas protected
from inclement weather and pedestrian linkages between loading areas
and activity areas; storm sewers and appurtenances, drainageways,
culverts, flood control basins and devices, retention and detention
basins or areas to control storm runoff, erosion and sediment control
structures and devices and other drainage structures, devices and
facilities; water supply and distribution facilities and appurtenances
both for domestic use and for fire protection; sanitary sewage disposal
and treatment facilities and appurtenances; public utility facilities
and appurtenances for gas, electric and telephone service; and facilities
and appurtenances for the production, conversion, distribution and
storage of energy necessary for essential residential, resort, commercial
and industrial uses permitted by this chapter.
PUBLIC SITE or RIGHT-OF-WAY
An area devoted to or planned for use as a public park; a
public school; a federal, state, county or City building or facility
site; another public use or facility; or a right-of-way or easement
for a street transportation corridor, utility corridor, waterway or
drainageway owned or to be owned by a government agency.
REAL ESTATE SIGN
A sign pertaining to the sale or lease of the premises or
a portion of the premises on which the sign is located, excluding,
however, sold-by signs.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
RESTAURANT
An establishment where food is available to the general public
primarily for consumption within a structure on the premises and where
the consumption of food in motor vehicles on the premises is neither
encouraged nor permitted.
(1)
CARRY-OUT RESTAURANTAn establishment which, by design of physical facilities or by service or packaging procedures, permits or encourages the purchase of prepared, ready-to-eat foods intended to be consumed off the premises and where the consumption of food in motor vehicles on the premises is neither permitted nor encouraged.
(3)
FAST-FOOD RESTAURANTAn establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry out with consumption off the premises and whose design or principal method of operation permits or encourages self-service, high-turnover dining.
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 "resubdivision" does not include
conveyances so as to combine existing lots by deed or other instrument.
RIPARIAN LANDS
Those tidal lands of the State of New Jersey which are now
or were formerly flowed by mean high water.
RIPARIAN LICENSE
Any legal instrument issued by the State of New Jersey which
allows the use of riparian lands in the manner prescribed by that
instrument as required generally by N.J.S.A. 12:3-1 et seq.
RIPARIAN PERMIT
Any legal instrument issued by the State of New Jersey pursuant
to N.J.S.A. 12:5-3 prior to the development or improvement of the
waterfront.
ROOF SIGN
A sign that is mounted upon the roof of a building or which
is wholly dependent upon a building for support and which projects
more than six inches above the highest point of a building with a
flat roof, the eave line of a building with a gambrel, gable or hip
roof or the deck line of a building with a mansard roof.
ROOMER
A person other than a member of a family or group family
household occupying a part of any dwelling unit who, for a consideration,
is furnished sleeping accommodations in such dwelling unit.
ROOMING HOUSE
A dwelling where lodging is provided for compensation for
three or more persons, who are not transients, by prearrangement for
definite periods.
[Amended 6-15-1988 by Ord. No. 1-1988]
ROOMING UNIT
Any habitable room or group of not more than two habitable
rooms forming a single habitable unit used or intended to be used
for living and sleeping, but not for cooking or eating purposes, of
not more than two persons.
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.
SIDE YARD WIDTH
The minimum distance between a side lot line and a side yard
line.
SIGN
Any object, device, display or structure or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. "Signs" do not include the flag or emblem of any nation, organization of nations, state or City or any fraternal, religious or civic organizations; merchandise pictures or models of products or services incorporated in a window display, works of art which in no way identity a product; graffiti; running, flashing or phasing lights which are integral to or serve to accent a principal structure or specific architectural components thereof; or scoreboards located or athletic fields. Definitions of particular functional and structural types of signs are listed alphabetically in this section and in §
163-71.
[Amended 10-9-1991 by Ord. No. 71-1991]
SIGN WITH BACKING
Any sign that is displayed upon, against or through any material
or color surface or backing that forms an integral part of such display
and differentiates the total display from the background against which
it is placed.
SIGN WITHOUT BACKING
Any word, letter, emblem, insignia, figure or similar character
or group thereof that is neither backed by, incorporated in or otherwise
made part of any larger display area.
SITE PLAN
A development plan of one or more lots on which is shown:
[Amended 6-15-1988 by Ord. No. 1-1988]
(1)
The existing and proposed conditions of the lot including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways.
(2)
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.
(3)
Any other information that may be reasonably required in order
to make an informed determination pursuant to the provisions of this
chapter.
STORY
That part of a building between any floor and the floor above
or, in its absence, the ceiling or roof above. A "story" in which
persons live, sleep, work or congregate, the ceiling of which is more
than three feet above the curb level taken at the center of the street
facade, shall be counted as that fraction of a "story" which its height
above such curb level bears to the height of the "story." A "story"
which extends less than three feet above such curb level shall not
be counted in determining the number of stories. Any "story" under
a pitched roof at the top of a building, the floor of which is not
more than 10 feet below the plate, shall be counted a half-story when
not more than 60% of said floor area is used for rooms, baths or toilets;
otherwise it shall be counted as that fraction of a "story" which
its floor area in rooms, baths or toilets bears to the entire floor
area. Any level or deck used exclusively for parking purposes, 1/2
or more of which extends above grade, shall be counted as a half-story.
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 in the New Jersey
Land Use Law; or which is shown on a plat which was duly filed and recorded
in the office of the Atlantic County Recorder prior to the appointment
of a City of Atlantic City 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. The Boardwalk shall not be considered a "street."
STREET LINE
The dividing line between a lot and a street or a private
road or way over which two or more dominant estates have the right-of-way
or the Boardwalk.
STRUCTURAL ALTERATION
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or 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.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions, if
no new streets are created: divisions of land found by the Planning
Board to be for agricultural purposes where all resulting parcels
are five acres or larger in size; divisions of property by testamentary
or intestate provisions; division of property upon court order, including
but not limited to judgments of foreclosure; consolidation of existing
lots by deed or other recorded instrument; and the conveyance of one
or more adjoining lots, tracts or parcels of land, owned by the same
person or persons, and all of which are found and certified by the
Land Use Administrator to conform to the requirements of this chapter
and are shown as separate lots, tracts or parcels on the Tax Map of
the City. The term "subdivision" shall also include the term "resubdivision."
[Amended 6-15-1988 by Ord. No. 1-1988]
TEMPORARY SIGN
A sign or advertising display constructed of cloth, canvas,
fabric, paper, plywood or other light material and designed or intended
to be displayed for a short period of time.
TEMPORARY USES
Uses established for a fixed period of time with the intent
to discontinue such use upon the expiration of such time. Such uses
do not involve the construction or alteration of any permanent building
or structure. No use expressly permitted or permissible as a permanent
or "temporary use" in any district pursuant to the provisions of this
chapter shall be allowed as a "temporary use" in any other district.
TERRACE
A level plane or surfaced patio, directly adjacent to a principal
building at or within three feet of grade and not covered by any permanent
structure.
THROUGH BLOCK CONNECTION
A portion of a lot, covered or open air, which is accessible
to the public and provides a pedestrian connection between two streets
which are parallel or approximately parallel to each other or between
urban open spaces or arcades abutting such streets. At each of its
ends, it shall be at the same elevation as the sidewalk, arcade or
urban open space which it connects for a distance of at least 25 feet
therefrom. If open, it shall have a minimum width equal to not less
than 1/6 of the height of the highest abutting wall within 30 feet
of its center line or 30 feet, whichever is more. If covered or enclosed,
it shall have a minimum width of 15 feet. Columns, lighting standards,
vertical circulation elements, plantings, ornamental fountains, sculptures,
displays, kiosks or open cafes are permitted obstructions at the pedestrian
level, provided that a continuous way not less than 15 feet wide remains
free of obstructions and available for unimpeded pedestrian circulation.
The ceiling height of a covered or enclosed "through block connection"
shall at no point be less than 20 feet above the walking surface.
Pedestrian bridges, balconies or mezzanines are permitted overhead
obstructions, provided that they do not cover in the aggregate more
than 20% of the area of the "through block connection."
TIMESHARE PLAN
Any plan or program in which the use, occupancy or possession
of one or more condominium units, rooms or suite of rooms in a condotel
circulates among various persons for less than 90 days in any year,
for any occupant.
[Added 6-15-1988 by Ord. No. 1-1988]
TRANSIENT VACATION RENTAL
Rentals in a hotel, motel or condotel with a duration of
occupancy of less than 90 days.
[Added 6-15-1988 by Ord. No. 1-1988; amended 7-13-2011 by Ord. No.
49-2011; 9-26-2012 by Ord. No. 64-2012]
TRANSITIONAL CARE CLINIC
A clinic which is operated as a subordinate use in connection
with and on the premises of a transitional care home solely for providing
social or psychological therapy or counseling by a psychiatrist or
psychologist, and the patients of which are limited to persons who
have within the preceding three months resided in the transitional
care home and to the families of persons who are residing in or have
within the preceding three months resided in the transitional care
home.
TRANSITIONAL CARE HOME
A facility in which persons live for a short period while
receiving social or psychological therapy and counseling to assist
them in overcoming family living problems or emotional handicaps which,
while not requiring segregation from society, impede personal independence
to the point of requiring shelter away from their usual residences
and professional therapy and counseling on a more intensive basis
than permitted by an outpatient status and in a setting permitting
and supporting a gradual reintroduction to full participation in normal
community life.
TRANSITIONAL CARE PATIENT
A person qualifying for the type of care or treatment permitted
to be administered at a transitional care home or transitional care
clinic.
UNIVERSITY DISTRICT IDENTIFICATION SIGN
A sign constructed of cloth, canvas or other flexible material
held in tension by spring-loaded arms that are affixed to a permanent
object, which may contain the logo of, or message associated with,
an educational organization or facility or identify the University
District Overlay, or other depiction primarily intended to provide
identification for the University District Overlay or for an educational
organization, facility, service, or event within the University District
Overlay.
[Added 7-18-2018 by Ord.
No. 10-2018]
VARIANCE
Permission to depart from the literal requirements of this chapter granted pursuant to Part
5, Article
XXVIII, of this chapter.
WALK-UP ESTABLISHMENT
An establishment which, by design of physical facilities
or by service or packaging procedures, encourages or permits pedestrians
to receive a service or obtain a product without entering the establishment
building.
WALL SIGN
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for or forms the background surface of the sign and which does not
project more than 12 inches from such building or structure.
WARNING SIGNS
Signs limited to messages of warning, danger or caution.
WETLANDS PERMIT
Any legal instrument issued pursuant to N.J.S.A. 13:9A-1
et seq. and N.J.A.C. 7:7A-1 et seq. permitting the applicant to engage
in an activity specified therein.
WHOLESALE ESTABLISHMENT
A business engaged in the sale of commodities in quantity,
usually for resale or business use, chiefly to retailers, other businesses,
industries and institutions.
WINDOW SIGN
A sign which is applied or attached to the exterior or interior
of a window or located within three feet of the interior of a window
and which can be seen from the exterior of the structure.
YARD
(1)
A required open space on a lot between a lot line and a building
or structure which is unoccupied and unobstructed from grade to the
sky, except for the following permitted obstructions:
(a)
Accessory uses, subject to the limitations of §
163-68.
(b)
Statuary, arbors, trellises and barbecue stoves.
(d)
Bay windows and balconies projecting not more than 36 inches
from an exterior wall for a distance not more than 1/3 of the length
of such wall, provided that such projections shall come entirely within
planes drawn from the main corners of the building at an interior
angle of 22 1/2° with the wall in question.
(e)
Chimneys, flues, belt courses, leaders, sills, pilasters, lintels,
ornamental features, cornices, eaves, gutters and the like projecting
not more than 36 inches from an exterior wall.
(f)
Fire escapes or outside stairways projecting from an exterior
wall not more than 36 inches.
(h)
Nonmechanical laundry-drying equipment, except in a front yard.
(i)
Off-street parking and loading, but only as expressly authorized in §
163-70.
(k)
Recreational equipment, except in a front yard.
(l)
HVAC equipment, except in a front yard.
[Added 11-6-2002 by Ord. No. 55-2002]
(m)
Handicap ramps.
[Added 11-6-2002 by Ord. No. 55-2002]
(2)
FRONT YARDA yard extending the full width of the lot between the street line and the front yard line.
(3)
REAR YARDA yard extending the full width of the lot in the area between the rear lot line and the rear yard line.
(4)
SIDE YARDA yard between a side lot line and a side yard line.
YARD LINE
(1)
FRONT YARD LINEA line drawn parallel to a front lot line at a distance therefrom equal to the depth of the required front yard.
(2)
REAR YARD LINEA line drawn parallel to a rear lot line at a distance therefrom equal to the depth of the required rear yard.
(3)
SIDE YARD LINEA line drawn parallel to a side lot line at a distance therefrom equal to the depth of the required side yard.
YARD REQUIREMENTS
The regulations of this chapter establishing minimum front,
side and rear yard requirements and setback requirements for various
uses, structures and districts.