Terms defined. When used in this chapter, the following terms shall have the meanings herein ascribed to them:
ACCESSORY USE OR STRUCTUREAn accessory structure or use in a structure or use which:
(1) Is subordinate to and serves a principal building or a principal use.
Is subordinate in area, extent and purpose to the principal structure or principal use served.
Contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served.
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 SIGNA 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.
ALLEYA thoroughfare not more than 20 feet wide which affords only a secondary means to access to abutting property.
AMENDMENTA 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.
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.
APARTMENTA 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.
HIGH-RISEA residential structure of more than three stories containing three or more apartments.
APPEALA 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.
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENTThe 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.
ARCADEA 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.
It shall be covered by a permanent canopy or part of a building allowing at least 12 feet of headroom.
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.
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 DEVICEA 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.
ATTICThat part of a building which is immediately below and, wholly or partly, within the roof framing.
AUTOMOBILE REPAIRGeneral repair, rebuilding or reconditioning of engines, motor vehicles or trailers.
AUTOMOBILE SALESAny 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 STATIONAny 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 WRECKINGThe 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 WASHAny 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 SIGNA 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.
BASEMENTA portion of a building located partly underground and having less than 1/2 its clear floor-to-ceiling height below grade.
BOARDERA 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.
BOARDINGHOUSEA 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 ADJUSTMENTThe City of Atlantic City Zoning Board of Adjustment, established pursuant to Article
VI of this chapter.
An elevated public pedestrian walkway constructed over a public street along the oceanfront pursuant to ordinances of the City of Atlantic City.
BUILDINGAny 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 FRONTThat exterior wall of a building facing the front line of the lot.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
BULK AND SPACE REGULATIONSThe 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 SIGNA 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 SIGNA 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.
CASINOA room in which casino gaming is conducted pursuant to the provisions of the New Jersey Casino Control Act.
CELLARA 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.
CLINICAn 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.
COASTAL AREAThe coastal area designated by the New Jersey Coastal Area Facility Review Act Rules and Regulations or successor legislation.
COASTAL WETLANDSThe coastal wetlands designated by the New Jersey Wetlands Act of 1970 or successor legislation.
COMMERCIAL PLANNED DEVELOPMENTAn 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.
A duly residential facility that serves solely as a home for individuals who are recovering from drug or alcohol addiction and is intended to provide an environment where the residents can support each other's sobriety and recovery which satisfies the requirements and criteria set forth by the Department of Community Affairs governing such residences.
COMPLETELY ENCLOSED BUILDINGA 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."
CONDOTELA building containing condominium units, rooms or suites of rooms, with or without culinary facilities and subject to a timeshare plan or transient vacation rentals.
CONSTRUCTION SIGNA 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 PLANA 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.
COURTOpen 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 LEVELThe permanently established grade of the street in front of a lot.
DAYFor purposes of computing time limits, the word "day" refers to calendar day.
DAY CAREDaytime 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 CENTERA 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 HOMEAn occupied residence providing or designed to provide day care for not more than six children.
DAY-CARE NURSERYA 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.
DEDICATIONThe transfer of property from private to public ownership for a public purpose.
DENSITYThe permitted number of dwelling units per gross area of land to be developed.
DEVELOPERThe 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.
DEVELOPMENTThe 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 REGULATIONThis 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 PROJECTIONThe distance from the exterior wall surface of a building to the sign element farthest distant from such surface.
DISTRICTA 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 LINEThe 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.
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.
DRAINAGEThe 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 ESTABLISHMENTSAn 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.
DUPLEXSee "dwelling," Subsection
(1) thereof.
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.
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.
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.
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.
DWELLING UNITAny 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 CONVERSIONThe 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.
ENLARGEMENTAn 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.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EXISTING ELEVATIONSThe 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.
EXTENSIONAn increase in the amount of existing floor area used for an existing use within an existing building.
EXTERIOR WALLAny wall which defines the exterior boundaries of a building or its courts or of a structure.
FAMILYOne 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.
The depositing on land, whether submerged or not, of sand, gravel, earth or other materials of any composition whatsoever.
FINISH ELEVATIONSThe 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 SIGNAny directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
FLOOD FRINGE AREAThat portion of the flood hazard area not designated as the floodway.
FLOOD HAZARD AREAThe floodway and any additional designated portions of the floodplain.
FLOODPLAINThe relatively flat area adjoining the channel of a natural stream, which has been or may be hereafter covered by floodwater.
FLOODWAYThe 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 AREAThe 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.
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.
FOOTCANDLEA unit of illumination; technically, the illumination at all points one-foot distant from a uniform point source of one candle power.
FRATERNAL ORGANIZATIONA 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 HOUSEA dwelling unit maintained exclusively for members affiliated with an academic or professional college, university or other recognized institution of higher learning.
FREE BURNINGA 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 USESUses 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.
GARAGEA deck or building or part thereof used or intended to be used for the parking and storage of vehicles at one or more levels.
GOVERNMENTAL AGENCIESThe 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 SIGNA 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.
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.
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.
For buildings or structures, the height of which is to be measured from sea level, sea level.
GROUND AREA OF BUILDINGThe 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 SIGNAny sign, other than a pole sign, placed upon or supported by the ground independently of any other structure.
GROUP FAMILY HOUSEHOLDA 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.
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 ROOMAny 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 BUILDINGThe 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.
HEIGHT OF SIGNThe 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 DECORATIONSTemporary signs in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.
HOME OCCUPATIONA 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.
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.
HOTELA 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 SIGNA 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 SIGNA sign lighted by or exposed to artificial lighting, either by lights on or in the sign or directed towards the sign.
INDUSTRIAL PLANNED DEVELOPMENTAn 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.
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 PARTYIn 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 SIGNA 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.
JUNKYARDA 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.
KENNELAny building or lot on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold.
LANDIncludes improvements and fixtures on, above or below the surface.
LAND SURVEYORA 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.
LAUNDROMATAn 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 SPACEAn 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.
LOTA 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 AREAThe 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.
MINIMUM AREA OF LOTThe smallest lot on which a particular use or structure may be located in a particular district.
LOT COVERAGEThe percentage of lot area occupied by the principal and accessory buildings on such lot at grade level or above, excluding roof overhangs.
LOT DEPTHThe mean horizontal distance from the front lot line to the rear lot line, measured perpendicular to the front lot line.
LOT LINEA 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."
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 RECORDA 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 WIDTHThe 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 GUARANTYAny security, other than cash, which may be accepted by the City for the maintenance of any improvement required by this chapter.
MEMORIAL SIGNA sign or tablet memorializing a person, event, structure or the like.
MINOR SUBDIVISIONA 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 BURNINGA 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 DISTRICTThe 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.
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 SIGNA 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 CENTERA 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 STRUCTUREAny 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;
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
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 RECORDA lot of record which does not comply with the lot requirements for any permitted use in the district in which it is located.
NONCONFORMING SIGNAny 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 USEAny 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 HOMEAn 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 MATTERAny material that produces an olfactory response in a human being.
ODOR THRESHOLDThe lowest concentration of odorous matter in the air that will produce an olfactory response in a human being.
OFFICIAL COUNTY MAPThe 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 SITEAnything 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 TRACTAnything 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 SITELocated on the lot in question.
ON-SITE INFORMATIONAL SIGNA 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 TRACTLocated on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACEAny 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.
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.
PRIVATE OPEN SPACEOpen space held in private ownership, the use of which is normally limited to the occupants of one dwelling.
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.
URBAN OPEN SPACEA landscaped public open area which conforms to the following requirements:
(a) Is accessible to the public at all times.
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.
Has a depth of not less than 30 feet.
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.
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.
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 AREAAny land area designed and used for the parking of not more than three vehicles.
PARKING LOTAny land area used or intended to be used for the parking of more than three vehicles.
PARKING SPACEA space for the parking of a motor-driven vehicle within a public or private parking area.
PARTY IMMEDIATELY CONCERNEDFor 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.
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 BOARDThe City of Atlantic City Planning Board established pursuant to Part
2, Article
V, of this chapter.
One or more maps of a subdivision or a site plan which show the location, boundaries and ownerships of individual properties.
POLE SIGNA 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 SIGNA temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
PORCH, OPENA 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 SIGNA sign that is not permanently affixed to a building, a structure or the ground.
PREMISESA 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.
PRIVATE CLUB OR LODGEA 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 SIGNA 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 SIGNA sign that is, wholly or partly, dependent upon a building for support and which projects more than 12 inches from such building.
PUBLIC AREASAreas 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 PROPOSALA Master Plan, capital improvement program or other proposal for land development adopted by any governmental agency or any amendment thereto.
PUBLIC DRAINAGEWAYThe 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 IMPROVEMENTAny 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-WAYAn 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 SIGNA 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 DENSITYThe number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESTAURANTAn 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.
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.
RESUBDIVISIONThe 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 LANDSThose tidal lands of the State of New Jersey which are now or were formerly flowed by mean high water.
RIPARIAN LICENSEAny 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 PERMITAny 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 SIGNA 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.
ROOMERA 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 HOUSEA dwelling where lodging is provided for compensation for three or more persons, who are not transients, by prearrangement for definite periods.
ROOMING UNITAny 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.
SEDIMENTATIONThe 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 WIDTHThe minimum distance between a side lot line and a side yard line.
SIGNAny 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.
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 BACKINGAny 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.
SINGLE HOUSEKEEPING UNITThe functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance and expense; and where, if the dwelling unit is rented, all adults (18 years or older) residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the dwelling unit rather than the landlord or property manager.
SITE PLANA development plan of one or more lots on which is shown:
(1) 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.
Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter.
STORYThat 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.
STREETAny 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 LINEThe 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 ALTERATIONAny 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.
STRUCTUREA 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.
SUBDIVISIONThe 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."
TEMPORARY SIGNA 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 USESUses 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.
TERRACEA 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 CONNECTIONA 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 PLANAny 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.
TRANSITIONAL CARE CLINICA 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 HOMEA 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 PATIENTA 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 SIGNA 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.
VARIANCEPermission to depart from the literal requirements of this chapter granted pursuant to Part
5, Article
XXVIII, of this chapter.
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 SIGNA 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 SIGNSSigns limited to messages of warning, danger or caution.
WETLANDS PERMITAny 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 ESTABLISHMENTA business engaged in the sale of commodities in quantity, usually for resale or business use, chiefly to retailers, other businesses, industries and institutions.
WINDOW SIGNA 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.
Statuary, arbors, trellises and barbecue stoves.
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.
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.
Fire escapes or outside stairways projecting from an exterior wall not more than 36 inches.
Nonmechanical laundry-drying equipment, except in a front yard.
Off-street parking and loading, but only as expressly authorized in §
163-70.
Recreational equipment, except in a front yard.
HVAC equipment, except in a front yard.
FRONT YARDA yard extending the full width of the lot between the street line and the front yard line.
REAR YARDA yard extending the full width of the lot in the area between the rear lot line and the rear yard line.
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.
REAR YARD LINEA line drawn parallel to a rear lot line at a distance therefrom equal to the depth of the required rear yard.
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 REQUIREMENTSThe regulations of this chapter establishing minimum front, side and rear yard requirements and setback requirements for various uses, structures and districts.