In case of any difference of meaning, interpretation or implication
between the text of this chapter and any caption, illustration, table
or appendix, the text shall control.
ACCESSORY BUILDING (STRUCTURE)
A building or structure, whether permanently anchored to
the ground or not, but not to be construed to include small storage
boxes which are otherwise portable without the use of additional equipment,
which is customarily associated with, subordinate in area, extent
and purpose to, incidental to and designed to support or contribute
to the comfort, convenience or necessity of the occupants, business
or industry of a principal building or structure served. Accessory
buildings or structures shall be nonhabitable, have a gross floor
area of not more than 500 square feet, and, except as otherwise expressly
authorized by the provisions of this chapter, shall be located on
the same lot as the principal use, building or structure served. An
otherwise accessory building or structure which is attached to a principal
building or structure shall be considered part of the principal building
or structure.
ACCESSORY USE
A use which is customarily associated with, subordinate in
area, extent and purpose to, incidental to and designed to support
or contribute to the comfort, convenience or necessity of the occupants,
business or industry of a principal building or structure. Except
as otherwise expressly authorized by the provisions of this chapter,
accessory uses shall be located on the same lot as the principal use
served.
ADA
The Americans with Disabilities Act (42 U.S.C. § 12101
et seq.).
ADMINISTRATIVE OFFICE
An establishment primarily engaged in overall management
and general supervisory functions, performed in a single location
or building for third-party clients or divisions of the same company.
Examples include management, personnel, finance and sales.
ADMINISTRATIVE OFFICER
(1)
For matters pertaining to the Pleasantville City Council: the
Pleasantville City Clerk.
(2)
For matters pertaining to applications, minutes, records maintenance
or other administrative issues or matters relating to the Pleasantville
Planning Board or Zoning Board of Adjustment: the Planning Board or
Zoning Board Secretary, as applicable.
(3)
For matters pertaining to the official list of adjacent property
owners for required notices: the Pleasantville Tax Assessor.
(4)
For matters pertaining to the certification of completeness
for a land use application, the issuance of a development permit,
enforcement of this chapter or actions taken pursuant to complaints
regarding the enforcement of this chapter: the Pleasantville Zoning
Officer.
ADULT ESTABLISHMENT
A facility devoted to the presentation and exploitation of
illicit sex, lust, passion, depravity, violence, brutality, nudity,
immorality and other obscene subjects, etc., used in connection with
the aforementioned activities or purposes, which may be in the form
of a live presentation in private or semiprivate viewing areas, or
the sale, rental or distribution of books, magazines, pamphlets, photographs,
motion pictures, records, video and audio tapes depicting such activities
or purposes.
ADVERSE EFFECT
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on properties such as, but not limited to, inadequate drainage
facilities, unsuitable street grades, street locations that fail to
compose a convenient system, and failure to provide or make future
allowances for access to the interior portion of adjoining lots or
for other facilities required by this chapter.
AGE-RESTRICTED HOUSING
(subject to the requirements of any state or federal regulations)
A residential community in a single building or group of buildings,
designed for three or more individuals over the age of 55 who are
not related by blood or marriage to the operator, which shall contain
residential dwelling units, open space and social, cultural and recreational
facilities. Age-restricted housing may include provisions for food
service, housekeeping and maintenance services, health care and social
services which may be normal and customary for such facilities. Examples
of age-restricted housing are independent or assisted living facilities,
congregate senior residences, adult retirement communities and adult
intermediate care facilities. Age-restricted housing may include provision
of adult day care (Note: Provision of health care, food service and/or
recreational, social and cultural activities and other support services
on a daily basis.) to qualified nonresidents.
AGRICULTURAL DEVELOPMENT
Land uses normally associated with the production of food
and fiber for sale. For the purposes of this chapter, such uses shall
not include the development of land for the processing or sale of
food and the manufacture of agriculturally related products.
ALLEY
A secondary public thoroughfare of less than 30 feet in width
serving vehicular and pedestrian traffic and affording access to an
abutting property. Regardless of the size (length or width) or extent
of paving, if at all, all alleys in the City of Pleasantville shall
be considered streets.
ALTERATION
As applied to a building or a structure, a change or rearrangement
in the structural members, means of egress or other component of an
existing facility, or an enlargement, whether by extension of a side
or by increasing in height, or by moving from one location or position
to another. Aesthetic changes to the exterior of a building or structure
which do not impact the aforementioned shall not be considered an
alteration.
AMENDMENT
A means for making changes to this chapter or the Zoning
Map.
AMUSEMENT ARCADE
Any building, structure or premises which has for its primary
or accessory purpose or function the offering amusement devices for
the entertainment of participants.
AMUSEMENT DEVICE
Any coin- or non-coin-operated machine, ride, game of skill
or chance, contrivance or device, which upon activation by any means
is or may be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score. Amusement devices
shall include, but not be limited to, electronically operated games,
skill ball, mechanical games or operations or transactions similar
thereto, by whatever name they maybe called. Pool or billiard tables
shall not be considered amusement devices.
APARTMENT
A room or suite of rooms used as a single dwelling unit and
located in a building in which there are three or more such rooms
or suites. With the exception of garden apartments, as defined herein,
no apartment in the City of Pleasantville shall be less than 800 square
feet net habitable area. See "multifamily dwelling."
APARTMENT, GARDEN (BUILDING)
(1)
A multifamily structure designed to resemble (and conform to bulk requirements for) a townhouse as defined in §
300-10, except that, subject to applicable design standards (§
300-51), multiple garden apartment buildings may be constructed on a single lot, and further except that dwelling units in garden apartments may be placed in a horizontal configuration (i.e., one dwelling unit above the other for a maximum of one first floor unit and one second floor unit).
(2)
Individual garden apartment buildings shall contain not less
than three and not more than eight pairs of stacked dwelling units.
Each dwelling unit shall have its own sleeping, cooking, sanitary
and general living facilities wherein not more than one person per
household is sheltered or fed for profit.
(3)
Each garden apartment dwelling unit shall be a minimum of 1,000
square feet.
(4)
Off-street parking for garden apartments shall be to the rear
of the buildings and shall be accessible from common driveways.
APARTMENT, VERTICAL
A 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.
APPLICANT
The landowner, agent, optionee, contract purchaser, developer
or other person authorized, in writing, to act for the landowner submitting
an application for development or other land use permit under this
chapter.
APPLICATION FOR DEVELOPMENT
The forms, fees and all accompanying documentation required
by this chapter for a preapplication conference, approval of a subdivision
plat, site plan, zoning variance, appeal or direction for issuance
of a permit pursuant to N.J.S.A. 40:55D-34, 40:55D-36 or 40:55D-70a,
an interpretation or special question pursuant to N.J.S.A. 40:55D-70b,
a certificate of nonconformity pursuant to N.J.S.A. 40:55D-68 or a
certificate of redevelopment plan conformance pursuant to the applicable
redevelopment plan.
APPROVING AUTHORITY
The Pleasantville Planning Board or Zoning Board of Adjustment,
as applicable, unless as different agency is designated by this chapter
when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.,
or by a duly adopted redevelopment plan when acting pursuant to N.J.S.A.
40A:12A-1 et seq.
ARCADE
(1)
A continuous area parallel to and open to the street or to an
urban open space, which is accessible to the public and:
(a)
Shall adjoin a front lot line or urban open space boundary,
extend for the full length of 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.
(b)
Shall be covered by a permanent canopy or part of a building
allowing at least 10 feet of headroom.
(c)
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.
(2)
Portions of an arcade that are obstructed by columns, doorways,
building services or similar features shall not be calculated as part
of the required arcade space, but landscaping or works of art may
occupy qualified arcade space, provided that a minimum clear width
of seven feet remains for pedestrian circulation along the length
of the arcade, and further provided 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. Access openings between obstructions shall not be less
than six feet in width.
ART GALLERY
A building or portion of a building in which sculpture, paintings
or other artistic works are displayed, whether or not such works are
offered for sale.
ASSISTED LIVING FACILITY
(subject to the requirements of any state or federal regulations)
A licensed, multiunit residential facility for three or more otherwise
self-sufficient persons over the age of 55 who are not related by
blood or marriage to the operator, providing light to moderate personal
care and supervision for self-administered medication, and may also
provide communal dining, housekeeping services, recreational activities,
financial and other social services and transportation.
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 FUELING AND SERVICE (STATION)
A building, land area or other premises, or portion thereof,
used or intended to be used for the activities defined under "automobile
fueling station" and "automobile service station."
AUTOMOBILE FUELING (STATION)
A building, land area or other premises, or portion thereof,
used or intended to be used for the retail dispensing or sale of gasoline
or other automobile fuels, but which does not include the dispensing
and/or sale of lubricants (other than motor oil sold and dispensed
by the quart), tires, automotive accessories or supplies, the parking
or storing of automobiles for hire and which does not engage in the
repair or towing of automobiles.
AUTOMOBILE RENTAL (AGENCY)
A place of business, whether conducted in a building or open
yard area, or any combination thereof, which is used or intended to
be used for the display and/or hourly, daily or weekly rental of new
and/or used motor vehicles, motorcycles, trucks or trailers, in operable
condition, where no automobile repair (other than warranty and other
repair service as an accessory use) is conducted on the premises.
AUTOMOBILE REPAIR
The general repair, rebuilding or reconditioning of engines,
motor vehicles or trailers.
AUTOMOBILE SALES (AGENCY)
A place of business, whether conducted in a building or open
yard area, or any combination thereof, which is used or intended to
be used for the display, sale and/or annualized lease (as opposed
to daily or weekly rental) of new and/or used motor vehicles, motorcycles,
trucks or trailers, in operable condition, where no automobile repair
(other than warranty and other repair service as an accessory use)
is conducted on the premises.
AUTOMOBILE SERVICE (STATION)
A building containing service bays, with or without hydraulic
lifts, and/or any land area or other premises, or portion thereof,
used or intended to be used for the repair of automobiles, including,
but not limited to, facilities for changing tires, changing oil, engine
repair, lubrication, transmission repair, front-end alignment, installing
shock absorbers and like and similar services, provided that autobody
repair, painting, wrecking, recycling, 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.
AWNING (CANOPY, MARQUEE)
A roof-like structure made of canvas or other fabric or fabric-like
material, installed over a framework and located above a window, door,
patio, deck or other similar construction and extending therefrom
as protection from the sun or rain. No awning, canopy or marquee shall
be lower than 10 feet above the sidewalk or public thoroughfare. Awnings
(canopies, marquees) projecting over a City right-of-way shall require
permission from the governing body in the form of a revocable license
agreement which shall specify the parties to the agreement; the type
of awning (canopy, marquee) or other improvement to be installed;
the extent of the projection over the right-of-way; the term of the
license, including any revocation terms; insurance and indemnification
provisions by the licensee on behalf of the City; any specific conditions
of the license; and such consideration as the City shall deem appropriate.
Awnings (canopies, marquees) projecting over a county right-of-way
may require a license from by the County Planning Board, at such Board's
discretion.
BALCONY
An elevated platform located at the second floor or above
projecting from the wall of a building and enclosed by a railing or
balustrade.
BAR
A licensed establishment under the jurisdiction of N.J.S.A.
33:1-1 et seq., wherein alcoholic beverages are served by the drink
to the general public and where no food is served.
BASEMENT
That portion of a building partly below and partly above
grade and having less than 50% of its clear height below the average
finished grade of the adjoining ground. A basement shall be counted
as a full story. See "cellar."
BED-AND-BREAKFAST
A private residence which has been adapted or converted to
offer a homestyle place of lodging that provides 10 or fewer separate
dwelling units as defined by the Hotel and Multiple Dwelling Law (N.J.S.A.
55:13A-1 et seq.) for transient and individual sleeping accommodations
for 25 or fewer persons, is occupied by the owner of the facility
as his/her place of residence during all times that the facility is
used for the lodging of guests, does not allow any guest to remain
for more than 30 successive days or more than 30 days of any period
of 60 successive days, does not offer food to the general public,
and in which the only meal served to guests is breakfast. Such use
must be registered with the New Jersey Department of Community Affairs.
BEDROOM
A room or portion of a structure with the principal function
of serving as sleeping quarters.
BERM
A natural or man-made mound of soil on a site used to screen,
buffer or otherwise obstruct a view or to vary the grade pattern.
BILLBOARD
An advertising sign exceeding 150 square feet. See "sign,
advertising."
BLOCK
The length of a street between two street intersections.
BOARD
The Planning Board or the Zoning Board of Adjustment of the
City of Pleasantville, as the case may be.
BOARD ENGINEER
The New Jersey licensed professional engineer specifically
retained by the Pleasantville Planning Board or Zoning Board of Adjustment,
as the case may be, to render engineering services and advise to the
respective Board. In the absence of a specific appointment, the City
Engineer may assume the duties of this office.
BOARDER
An individual other than a member of a family or group family
household, occupying a dwelling unit or any part thereof, who, for
consideration, is furnished sleeping accommodations and may be furnished
meals or other services.
BOARDINGHOUSE
Any dwelling or part thereof in which, for compensation,
two or more persons who are not transients are housed or lodged by
prearrangement for definite periods, with or without meals. An occupancy
permit issued by the City's Code Enforcement Officer is required for
any portion of a dwelling used as a boardinghouse.
BOARD PLANNER
The New Jersey licensed professional planner specifically
retained by the Pleasantville Planning Board or the Zoning Board of
Adjustment, as the case may be, to render planning services and advise
to the respective Board. In the absence of a specific appointment,
the City Planner may assume the duties of this office.
BOARDWALK
An elevated public pedestrian walkway constructed over a
public street, typically along a waterfront.
BUFFER
An area within a property or site generally adjacent to and
parallel with the property line, consisting of natural existing vegetation
or created by the use of trees, shrubs, fences, berms or hardscaping
elements, lying between and separating disparate land uses and designed
to provide a continuous visual screen, noise suppression and masking
of activity between such uses. Other than fences and traditional hardscaping
elements, no buildings, structures, driveways, parking or loading
areas or other uses shall be permitted in a buffer unless otherwise
provided by this chapter.
BUILDING
Any combination of materials forming a structure or extension,
part or addition thereto, whether temporary or permanent, being enclosed
via exterior walls and having a roof supported by such elements as
columns, posts, piers or walls, and being intended for the shelter,
business, housing or enclosure of persons, animals or property of
any kind. The presence of internal firewalls within a single structure
shall not be construed to create separate buildings within said structure.
See "structure."
BUILDING AREA
The total areas of all outside dimensions of a Principal
building or structure and all accessory buildings or structures, measured
on the horizontal plane at ground level, exclusive of unroofed porches,
terraces or steps having vertical faces less than three feet above
the level of the average finished grade of the property.
BUILDING CODE
The International Building Code, 2006, as may be amended
from time to time.
BUILDING HEIGHT
(1)
The vertical distance measured from finish grade to the highest
point of the roof for flat roofs, to the mean height level of the
distance measured between the eaves and the ridge for gable, gambrel
and hipped (sloped) roofs and to the deckline for mansard roofs.
(2)
Fully screened mechanical rooms or other roof structures for
the housing of stairways, tanks, ventilation fans, air-conditioning
or similar equipment required to operate and maintain a building,
along with their screening elements, telecommunications/satellite
dish antennas and related systems, skylights, spires, cupolas, domes,
flagpoles, chimneys or similar architectural features may be erected
above the heights prescribed by this chapter herein to a maximum of
20% of such heights, provided that the aggregate area covered by all
such features does not exceed 20% of the area of the roof of which
they are a part, and further provided that the screening is found
acceptable by the Planning Board or Zoning Board of Adjustment, as
the case may be.
BUILDING PERMIT
A permit issued by the City's Construction Code Official
prior to any alteration or erection of any building or structure,
or any part thereof, signifying compliance with the provisions of
the International Building Code.
BUILDING, PRINCIPAL
A building or structure in which is conducted the principal
or primary use of the site on which such building or structure is
situated. In any district, any dwelling shall be deemed to be a principal
building on the lot on which it is located.
BULKHEAD
A structure separating land and water areas, primarily designed
to resist earth pressures.
BULK REGULATIONS
The regulations of this chapter pertaining to the permissible
or required building height, volume, area, floor area and coverage;
lot width, depth, area, coverage and dimensions; density requirements;
and yard (setback) and open space requirements applicable to uses
and structures.
BULK STORAGE
The stockpiling or warehousing of materials, which may or
may not be enclosed within a structure, including but not limited
to sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,
metal, concrete and insulation.
BUSINESS OFFICE
An establishment which offers a service, as opposed to a
product or merchandise, for sale to the public. Personal service uses,
as defined herein, shall not be considered a business office.
BY- (OF-) RIGHT DEVELOPMENT
Development that is fully consistent with the regulations
applicable to the type and location of development as proposed and
therefore requires no discretionary approval by the Planning Board
or Zoning Board of Adjustment, as the case may be.
CAFRA
See "Coastal Area Facilities Review Act."
CAFRA PERMIT
A permit issued for development within New Jersey's Coastal
Zone in accordance with CAFRA.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or significant
construction project which is (typically) financed through municipal
bonds.
CARPORT
A covering or roof to allow the parking of automobiles underneath.
With the exception of supports, a carport shall have no sides unless
such sides are the exterior wall of an adjacent building. The maximum
number of such sides shall be two.
CARTWAY
The area of a vehicular right-of-way roadway within which
vehicles are permitted to travel, including travel lanes and parking
areas, but excluding shoulders, curbs, sidewalks, swales or other
auxiliary areas. Where there are curbs, the cartway is that portion
of the right-of-way between the curbs. Where there are no curbs, the
cartway is the paved or graded width.
CARWASH
A facility for the washing, cleaning, waxing and/or other
similar treatment of automobiles and other motor vehicles, either
by hand or by the use of production-line methods, with a conveyor,
blower or other mechanical device to move either the automobile or
the water source; or a semi-enclosed bay with such space, water source,
material and other equipment providing, for a fee, self-service washing
and cleaning of automobiles and other motor vehicles.
CELLAR
That portion of a building partly below and partly above
grade and having 50% or more of its clear height below the average
finished grade of the adjoining ground. A cellar shall be counted
as a half-story. See "basement."
CERTIFICATE OF COMPLETENESS
A certificate issued by the Administrative Officer of the
Planning Board and Zoning Board of Adjustment, signifying that all
required (checklist) submission items have been made in proper form
and that an application for development is complete for Board review.
CERTIFICATE OF NONCONFORMITY
A document, issued pursuant to N.J.S.A. 40:55D-68, certifying
that a nonconforming use or structure was lawfully in existence on
a particular lot or in a particular building at the time of passage
of this chapter, or an amendment to this chapter impacting such lot
or building, and may therefore be continued upon such lot or in such
building so occupied. A certificate of nonconformity may be issued
by the Administrative Officer within one year of the adoption of the
ordinance which rendered the use or structure nonconforming, or at
any time to the Board of Adjustment.
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act, and
the regulations. See "State Uniform Construction Code Act," P.L.1975,
c.217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
[Amended 9-19-2022 by Ord. No. 14-2022]
CHANGE IN USE
Any change in the use of a building or structure:
(1)
From one industrial use to another;
(2)
Increasing the number of dwelling units within the structure;
(3)
From any nonresidential use to any other use for which any standard
set forth in this chapter is greater or more restrictive;
(4)
From residential to nonresidential;
(5)
From an existing or permitted use to a conditional use; and
(6)
From any existing or permitted use to a permitted use which
can be classified as a more intense use (i.e., from a lower to a higher
number on the following list):
(a)
Single-family residential.
(g)
Other business or commercial.
CHILD
For the purposes of this chapter, a "child" shall mean any
person under the age of 13.
CHILD CARE CENTER
Any privately operated home or facility, by whatever name
known, which is maintained for the care, development and supervision
of six or more children under the age of 13, who are not the children
of the operator, and who attend the facility for less than 24 hours
a day, which facility requires a license by the New Jersey State Department
of Human Services under the Child Care Center Licensing Law (N.J.S.A.
30:5B-1 to 30:5B-15, supplemented by P.L. 1992, c. 95) as per the
guidelines set forth in the Manual of Requirements for Child Care
Centers (N.J.A.C. 10:122-1.1 et seq.) and any successor regulations
thereto.
CHURCH
See "place of worship."
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewerage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
CITY
City of Pleasantville, Atlantic County, New Jersey, a body
corporate and politic, and unless otherwise indicated, includes its
governing body, elected officials, officers and staff.
CITY CLERK
The City Clerk of the City of Pleasantville, whose office
is assigned to maintain the official files of the municipality.
CITY COUNCIL
The municipal governing body of the City of Pleasantville.
CITY ENGINEER
The New Jersey licensed professional engineer appointed by
the City Council in accordance with N.J.S.A. 40:87-15 to render engineering
services and advice to the City.
CITY PLANNER
The New Jersey licensed professional planner appointed by
the City to render planning services and advice to the City.
CLEAR-SIGHT DISTANCE
The unobstructed visual distance measured along a line perpendicular
to the midpoint of a windowsill in all directions, vertical and horizontal,
forming a cone of vision.
CLINIC
An outpatient facility for the examination, diagnosis and
treatment of the sick or infirm by two or more physicians, dentists,
psychologists, social workers or similar professionals practicing
together and working cooperatively.
CLUB FACILITY (CLUBHOUSE)
The facility of a private organization formed for the primary
purpose of fraternal, social, educational or charitable group activities
which is not an adjunct to or operated by or in connection with a
public tavern, cafe or other public place.
COAH
The New Jersey Council on Affordable Housing within the New
Jersey Department of Community Affairs.
COASTAL AREA
The coastal area designated by the New Jersey Coastal Area
Facility Review Act rules and regulations or successor legislation.
COASTAL AREA FACILITIES REVIEW ACT ("CAFRA")
The specific body of environmental regulations administered
by the New Jersey Department of Environmental Protection under N.J.S.A.
13:19-1 et seq., with rules and regulations promulgated under N.J.A.C.
7:7E et seq.
COASTAL WETLANDS
The coastal wetlands designated by the New Jersey Wetlands
Act (N.J.S.A. 19:9A-1 et seq.).
COASTAL ZONE MANAGEMENT RULES ("CZM")
New Jersey Administrative Code 7:7E et seq. The administrative
body of regulations designed to implement the Coastal Area Facilities
Review Act, the New Jersey Wetlands Act of 1970 (N.J.S.A. 13:9A-1
et seq.) and the Waterfront Development Law (N.J.S.A. 12:5-3).
COMMERCIAL CENTER
An integrated development consisting of a combination of
commercial uses otherwise individually permitted in the subject zoning
district, housed in an enclosed building or buildings on a single
lot or collection of contiguous lots forming a single parcel, utilizing
such common facilities as customer and employee parking, pedestrian
walkways, truck-loading and -unloading space, utilities and sanitary
facilities, and having a maximum total floor area less than 50,000
square feet.
COMMERCIAL (USE)
Occupied with, engaged in or otherwise involving the exchange,
purchase and/or sale of commodities involving transportation from
place to place. See "retail," "service," "downtown-oriented commercial
and service activities," "general commercial and service activities,"
"neighborhood commercial and service activities" and "regionally oriented
commercial and service activities."
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
COMMUNITY RESIDENCE
Any of the following. See also "group family household."
(1)
(a)
Any community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq., providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 developmentally
disabled or mentally deficient persons who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to: group homes, halfway houses, intermediate care
facilities, supervised apartment living arrangements, and hostels.
Such a residence shall not be considered a health care facility within
the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1
et seq.
(b)
In the case of such a community residence housing mentally deficient
persons, such residence shall have been approved for a purchase of
service contract or an affiliation agreement pursuant to such procedures
as shall be established by regulation of the Division of Mental Health
and Hospitals of the Department of Human Services.
(c)
For the purposes of this definition, "developmentally disabled
person" means a person who experiences a disability which originates
before 18 years of age, which has continued or is expected to continue
indefinitely, which constitutes a substantial disability and which
is attributable to mental deficiency, cerebral palsy, epilepsy, autism
or other conditions found by the Commissioner of Human Services to
give rise to an extended need for similar services in accordance with
N.J.S.A. 30:11B-2.
(2)
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIESA community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. For the purposes of this definition, "person with head injury" means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.
(3)
COMMUNITY RESIDENCE FOR THE TERMINALLY ILLAny community residential facility operated as a hospice program, providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.
(4)
COMMUNITY RESIDENCE (SHELTER) FOR VICTIMS OF DOMESTIC VIOLENCEAny shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to N.J.S.A. 30:14-1 et seq., providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
COMPLETE APPLICATION
An application for development which complies in all respects
with the appropriate (checklist) submission requirements set forth
in this chapter.
(1)
Such an application shall be complete for purposes of commencing
the applicable time period for action by the Planning Board or Zoning
Board of Adjustment, as the case may be, when so certified by the
Administrative Officer as provided for in this chapter.
(2)
The applicant may request that one or more of the submission
requirements be waived, in which event the Administrative Officer
shall grant or deny the request within 45 days.
(3)
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he/she is entitled
to approval of the application. The Board may subsequently require
correction of any information found to be in error and submission
of additional information not specified in this chapter or any revisions
in the accompanying documents as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
Board.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as specified in this chapter.
CONDOMINIUM
(1)
A form of ownership of real property under a master deed providing
for ownership by one or more owners of units of improvements together
with an undivided interest in common elements appurtenant to each
such unit. For the purposes of this chapter, specific characteristics
of condominiums shall be as detailed in N.J.S.A. 46:8B-1 et seq.
(2)
Condominium ownership may be applied to offices, retail or wholesale
space, industrial space and other types of land uses.
(3)
Unless otherwise indicated, the structural types of buildings
defined herein (i.e., single-family, duplex, townhouse, etc.) do not
reflect the form of ownership. Pursuant to N.J.S.A. 40:55D-58, all
development regulations pursuant to this chapter shall be construed
and applied with reference condominium structures or uses without
regard to the form of ownership. Accordingly, such structural type
may be held in fee simple, condominium or cooperative ownership.
(4)
Condominiums shall be permitted in any zoning district and under
the same restrictions as the land uses they host and/or the structural
or building types they represent were the common elements appurtenant
to each such unit individually owned. Condominium ownership shall
not negate lot or other requirements intended to provide adequate
light, air, open space and privacy.
CONFERENCE FACILITY
A facility used for conferences and seminars, with accommodations
for sleeping, food preparation and eating, recreation, entertainment,
resource facilities and meeting rooms. Conference facilities may include
a fitness and health center, retail stores and personal service establishments
primarily for conference attendees and their guests.
CONGREGATE SENIOR RESIDENCE
A multiunit residence for self-sufficient senior citizens
providing communal dining, housekeeping services, recreational activities,
financial and other social services and transportation.
CONVENIENCE STORE
A relatively small food market, generally less than 5,000
square feet, where prepackaged foods, beverages, magazines and newspapers,
cigarettes, dairy products and/or similar items are sold for off-site
consumption or use, and where prepared foods (e.g., meats, cheeses,
salads, etc.) may be sold over the counter in sandwiches or similar
packaging. A convenience store does not include seating or areas for
consumption of products sold on site.
CONVENTIONAL DEVELOPMENT
Development which complies with the full lot size and other
provisions of this chapter. See "by- (of-) right development."
COOPERATIVE
(1)
Any system of landownership and possession in which the fee
title to the land and structure is owned by a corporation or other
legal entity in which the shareholders or other co-owners each also
have a long-term proprietary lease or other long-term arrangement
of exclusive possession for a specific unit of occupancy space located
within the same structure.
(2)
Cooperative ownership may be applied to offices, retail or wholesale
space, industrial space and other types of land uses.
(3)
Unless otherwise indicated, the structural types of buildings
defined herein (i.e., single-family, duplex, townhouse, etc.) do not
reflect the form ownership. Pursuant to N.J.S.A. 40:55D-58, all development
regulations pursuant to this chapter shall be construed and applied
with reference cooperative structures or uses without regard to the
form of ownership. Accordingly, such structural type may be held in
fee simple, condominium or cooperative ownership.
(4)
Cooperatives shall be permitted in any zoning district and under
the same restrictions as the land uses they host and/or the structural
or building types they represent were the common elements appurtenant
to each such unit individually owned. Cooperative ownership shall
not negate lot or other requirements intended to provide adequate
light, air, open space and privacy.
COVERAGE, BUILDING
The percentage of a lot occupied by buildings as measured
in a horizontal plane around the periphery of the buildings' foundations
or, if no foundations are present, where the vertical exterior members
of the structure intersect the ground.
COVERAGE, IMPERVIOUS
The percentage of a lot occupied by buildings and other impervious
surfaces as measured in a horizontal plane to the limits of the impervious
area(s). All parking spaces and lots, paved or unpaved, swimming pools
and other bodies of collected water, buildings, roads, driveways and
walkways, tennis courts, patios and any other structure, or on-site
material or ground condition that does not permit the natural absorption
and permeation by soils of water, shall be included in the computation
of lot coverage.
COUNTY
The County of Atlantic, State of New Jersey.
COUNTY MASTER PLAN
A composite of the Comprehensive Plan or Master Plan for
the physical development of Atlantic County, with accompanying maps,
plats, charts and descriptive and explanatory matter adopted by the
Atlantic County Planning Board pursuant to N.J.S.A. 40:27-2 and 4.
COURT (COURTYARD)
An unoccupied open space on the same lot as a building, which
is bound on two or more sides by the exterior walls of a building
or by a combination of exterior walls and lot lines.
COVERAGE
See "coverage, building" or "coverage, lot."
CRAFT (HOBBY) SHOP
A commercial unit used for sale of specialized products and
raw materials necessary for the creation of one-of-a-kind artistic
or similar items in a home or studio setting. Examples include art
supply stores and studios, photography supply stores and studios,
knitting and fabric and sewing accessory stores and like and similar
uses.
CRITICAL AREA
A sediment-producing, highly erodible or severely eroded
area.
CROWN
The branches and foliage of a tree; the upper portion of
a tree.
CZM
See "Coastal Zone Management Rules."
DAY
For purposes of computing time limits, the word "day" refers
to a calendar day.
DAY CAMP
A licensed, organized and supervised daytime facility used
typically, but not exclusively, by children for recreational purposes.
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.
(2)
DAY-CARE CENTERA facility certified by the New Jersey Division of Youth and Family Services which provides day care for children. See also "child-care center" and "family day-care homes."
(3)
DAY-CARE CENTER, ADULTA facility certified by the New Jersey Division of Youth and Family Services which provides adult day care.
(5)
DAY-CARE NURSERYA facility certified by the New Jersey Division of Youth and Family Services which provides day-care 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.
DECK
An open-sided platform, without roof, which is elevated more
than 12 inches above grade and supported by piers, pillars or posts
rooted in a permanent concrete foundation, and which may be freestanding
or attached to a principal building. Decks shall be fitted with appropriate
railings pursuant to applicable building codes.
DECONVERSION
The return of an illegal, nonconforming building to its previously
conforming condition.
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.
(1)
DENSITY, GROSS (RESIDENTIAL)The total number of dwelling units which may be or are developed divided by the total number of acres of the proposed development site.
(2)
DENSITY, NET (RESIDENTIAL)The total number of dwelling units which may be or are developed divided by the total number of acres of the proposed development site, exclusive of areas used for streets, easements, open space, commercial uses, industrial uses and land to be dedicated to a governmental entity.
DESIGNED SHOPPING CENTER
An integrated development consisting of a combination of
commercial uses otherwise individually permitted in the subject zoning
district, housed in an enclosed building or buildings, on a single
lot or collection of contiguous lots forming a single parcel, utilizing
such common facilities as customer and employee parking, pedestrian
walkways, truck-loading and -unloading space, utilities and sanitary
facilities and having a minimum total floor area of 50,000 square
feet
DETENTION BASIN
A man-made or natural depression below ground level designed
to collect surface and subsurface water so that it might impede its
flow and to gradually release the same at a rate not greater than
that prior to the development of the property, into natural or man-made
outlets (i.e., storm sewer system or streams).
DEVELOPER
The legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; or any
mining, excavation or landfill, or the clearing, grading or disturbance
of any area for nonagricultural purposes; any use or change in the
use of any building or other structure or land; or the extension of
use of land for which permission may be required pursuant to N.J.S.A.
40:55D-1 et seq., and this chapter.
DEVELOPMENT PERMIT
A document signed by the Zoning Officer which is required
by this chapter as a condition precedent to the commencement of a
use or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of this chapter or a variance therefrom duly authorized by the Planning
Board under N.J.S.A. 40:55D-60 or Zoning Board under N.J.S.A. 40:55D-70,
as the case may be.
DEVELOPMENT REGULATION
Any component of this chapter, the Official Map, any other
ordinance or municipal or other regulation for the use and development
of land, or any amendment thereto, adopted and filed pursuant to N.J.S.A.
40:55D-1 et seq., or any similar regulation promulgated by any department,
division or agency of the federal government, the State of New Jersey
or any political subdivision thereof.
DISCRETIONARY APPROVAL
Approval for a development that is not fully consistent with
the regulations applicable to the type and location of development
as proposed (i.e., not a by-right development as defined herein),
and therefore requires discretionary approval by the Planning Board
or Zoning Board of Adjustment, as the case may be; typically in the
form of variance relief from one or more requirements of this chapter.
|
Developments which are made subject to discretionary approvals
are generally those which are expected to have unusual impacts either
on their immediate neighborhood or on the City in general. Such approvals
provide special benefits to their developers not generally available
to owners of other property in the same zoning district.
|
DISTANCE OF SIGN PROJECTION
The distance from the exterior wall surface of a building
to the sign element farthest distant from such surface.
DOWNTOWN-ORIENTED COMMERCIAL AND SERVICE ACTIVITIES
Uses designed to provide for the workday convenience and
post-workday entertainment of the employees and residents of the City's
Central Business District. Examples include: grocery/specialty food
stores; pharmacies (including drive-through); convenience stores without
fuel-dispensing facilities; video rental/sales; non-"big box" general
retail/appliance/hardware stores; hair and nail salons/barber and
beauty shops; tailor shops; non-"chain"/nonfranchise craft/hobby/art
supply shops, sporting goods shops, pet shops and book shops; greeting
card/stationery/florist shops; antique/boutique/clothing/jewelry/gift
shops; retail dry cleaners (no commercial cleaning on premises); shoe
repair; and like and similar activities.
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 thereby:
(1)
Assure the adequacy of existing and proposed culverts and bridges;
(2)
Induce water recharge into the ground where practical;
(3)
Reduce nonpoint pollution;
(4)
Maintain the integrity of stream channels for their biological
functions;
(5)
Preserve water supply; and
(6)
Prevent or alleviate flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation and maintenance of
stormwater sewers or drainage ditches, or lands required along a natural
stream or watercourse to provide for drainage.
DRIVEWAY
A private road connecting a house, building, garage, accessory
building or parking area with a public right-of-way.
DUPLEX
See "single-family semidetached dwelling unit."
DWELLING (UNIT)
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities designed for residential use and
occupied by one housekeeping unit, which shall be self-contained and
shall not require passage through another dwelling unit or other indirect
route(s) to access any portion of the dwelling, nor shall there be
shared facilities with another housekeeping unit. Unless otherwise
required herein, no dwelling unit in the City of Pleasantville shall
contain less than 800 square feet of net habitable area.
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.
DWELLING UNIT, EFFICIENCY
A dwelling unit consisting of not more than one habitable
room, together with kitchen or kitchenette, plus one room for sanitary
facilities.
EASEMENT
A right to use the real property of another created by deed,
plat or other legal means for the benefit of private persons or the
public, for one or more specific purposes, including, but not limited
to, access, drainage, conservation or provision of utility services.
EATING AND DRINKING ESTABLISHMENT
A retail food-service operation for the retail sale of cooked-to-order
or ready-to-be-consumed food and beverages. See "restaurant" (all
categories), "bar" and "tavern."
EDUCATIONAL USE
Public, parochial or private elementary or secondary schools,
duly licensed by the State of New Jersey, attendance at which is sufficient
compliance with the compulsory education requirements of the state,
and duly accredited colleges and universities. Summer day camps shall
not be considered as educational uses or accessories to such uses,
nor shall a school or college giving special or limited instruction,
such as a business, art, music or dancing school.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
[Added 3-19-2018 by Ord.
No. 2-2018; amended 9-19-2022 by Ord. No. 14-2022]
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE)
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast-charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
[Amended 9-19-2022 by Ord. No. 14-2022]
ELEEMOSYNARY
Of or for charitable or philanthropic purposes.
ELEVATION(S), EXISTING
The elevation(s) 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.
ELEVATION(S), FINISH
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 pursuant to this chapter is required. The actual
elevations of the land surface of a site after completion of all such
site preparation work.
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.
ENVIRONMENTAL IMPACT ASSESSMENT ("EIA")
A compilation of studies, reports, documents and findings
of fact prepared by an applicant as part of and for a development
application. Said EIA shall be consistent with, and shall contain
all that information, data and documentation required by, this chapter.
An environmental impact statement meeting the requirements of N.J.S.A.
13:19-10, as specifically outlined in N.J.A.C. 7:7E-1.6, promulgated
in compliance with CAFRA, may be accepted in lieu of an EIA.
ENVIRONMENTALLY SENSITIVE SITE
Property which has been formally designated in the Master
Plan or by NJDEP as being of environmental or scenic significance.
EQUAL DEGREE OF ENCROACHMENT
The delineation of floodplain limits so that floodplain lands
on both sides of a stream are capable of conveying a proportionate
share of flood flows. This is determined by considering the effect
of encroachment on the hydraulic efficiency of the floodplain along
both sides of a stream or significant reach.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and/or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Council and administered by the Atlantic County
Soil Conservation District in conformance with N.J.S.A. 4:24-1 et
seq.
ESSENTIAL SERVICES
Underground utility (Note: gas, electrical, telephone, telegraph,
steam or water.) transmission or distribution systems and normal aboveground
appurtenances thereto, including, but not limited to, mains, drains,
sewers, pipes, conduits, cables, emergency responder call boxes, light
standards, poles, traffic signals, hydrants and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate service for public health, safety and general
welfare.
EXCAVATION
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
EXCAVATION WORK
The removal, replacement, repair, construction or other disturbance
of any portion of the public improvements within a public street or
drainage right-of-way. Public improvements include, but are not limited
to, curbs, sidewalks, driveways and driveway aprons, drainage structures
and conduits, pavements, base courses, gutters, retaining walls, channels,
head walls, railings, guardrails or any other public improvement existing
within the public right-of-way. For the purposes of this chapter,
work performed outside of the public right-of-way but requiring the
storage of materials or the operation of equipment within the public
right-of-way in such a manner as may cause damage to any of the aforementioned
public improvements shall be deemed excavation work, as shall the
construction, addition, installation or other provision of the whole
or portions of the improvements within a public street, drainage right-of-way
or public way or public grounds by persons other than those exempt
from the provisions of this chapter, including privately sponsored
construction of curbing, sidewalks, pavement extensions, aprons, drainage
or any other public improvement or portion thereof.
EXEMPT DEVELOPMENT
Site plan and/or subdivision approval shall not be required
prior to the issuance of a development permit for the following:
(1)
Construction, additions or alterations related to individual
single-family detached and duplex dwelling units or their accessory
structures on individual lots.
(2)
Development involving no new subdivision or resubdivision of
land, and not requiring any variance relief.
(3)
Interior alterations which do not increase the required number
of off-street parking spaces and which conform to the performance
standards of this chapter.
(4)
Any change in occupancy which is not a change in use.
(5)
Individual applications for accessory mechanical equipment,
accessory storage structures and accessory uses not exceeding 1,000
square feet in area, whose operation and location conform to the design
and performance standards of this chapter and whose installation is
on a site already occupied by an active principal use for which site
plan approval is not otherwise required.
(6)
Sign(s), when installation is on a site already occupied by
a principal use for which site plan approval is not otherwise required,
provided that such sign(s) conform to the applicable design and zoning
district regulations of this chapter and further provided that a permit
is obtained.
(7)
Construction of a parking lot or an addition to an existing
parking lot, provided that the new lot or the proposed addition contains
three spaces or fewer whose location and design conform to the standards
and zoning district requirements of this chapter.
(8)
The division and conveyance of property so as to combine existing
lots which are not considered to be subdivisions in accordance with
the definitions of "subdivision" contained in this chapter.
(9)
Any cannabis business that satisfies all requirements of §
300-14.1, and §
300-25F as recommended by the Cannabis Business Site Plan Waiver Committee.
[Added 3-20-2023 by Ord. No. 3-2023]
EXTENSION
An increase in the amount of existing floor area used for
an existing use within an existing building.
FACADE
The total wall surface, including doors and windows, of the
subject face of a building, typically expressed as front, sides and
rear or by compass direction. In the case of a corner building which
fronts on more than one street, the front facade shall be all facades
which abut the adjoining public rights-of-way.
FAMILY
One or more persons related by blood, marriage, adoption
or guardianship living together on a permanent basis as a single,
nonprofit housekeeping unit, as defined herein, or a collective number
of persons living together in one dwelling unit on a permanent basis,
whose relationship is of a distinctive domestic character, and cooking
as a single group family household, as defined by this chapter.
FAMILY DAY-CARE HOME
Any private residence approved by the Division of Youth and
Family Services or an organization with which such Division contracts
for family day care pursuant to the Family Day-Care Provider Registration
Act (N.J.S.A. 30:5B-16 et seq.) in which child-care services are regularly
provided to no less than three and no more than five children for
no less than 15 hours per week. For the purposes of this definition,
a "child" shall mean any person under the age of 13.
(1)
A child being cared for who is legally related to the provider
shall not be included in the total number of children receiving child-care
services, nor shall a child being cared for as part of a cooperative
agreement between parents for the care of their children by one or
more of the parents, where no payment for the care is being provided.
(2)
Pursuant to N.J.S.A. 40:55D-66.4, a family day-care home shall be considered to be a home
occupation, as defined herein, for the purposes of permitted uses.
Family day-care homes are to be permitted uses in all residential
zoning districts.
FARM
Any parcel of land, three acres or larger in size, which
is used for gain in the raising of agricultural products, livestock,
poultry, dairy products or horticulture.
FARM BUILDING
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, provided that such building is located on, operated
in conjunction with and is necessary to the operation of a farm as
defined by this chapter.
FEMA
The Federal Emergency Management Agency.
FENCE
A structure, typically made of wood, masonry, stone, wire,
metal or other manufactured material, or combination of materials,
erected as an enclosure, boundary or barrier to a part or whole of
a property. Landscaped hedges may serve as a fence if planted for
such purpose. A wall may serve as a fence if not functioning as a
structural member of a building or structure and if constructed for
such purpose.
FENCE, OPEN
A fence in which 66% of the area between grade level and
the top cross member is not obstructed.
FILL
The deposit on land, whether submerged or not, of sand, gravel,
earth or other materials of any composition whatsoever.
FINAL APPROVAL
The official action of the Planning Board or Zoning Board
of Adjustment, as the case may be, taken on a preliminary approved
major subdivision or site plan, after all conditions, engineering
plans and other requirements have been satisfied and the required
improvements have either been installed or guarantees for such installation
have been properly posted. Final approval may be conditioned upon
the posting of such guarantees at the discretion of the approving
Board.
FINAL PLAT
The final map of all or a portion of a site plan or subdivision
which is presented to the Planning Board for final approval in accordance
with the provision of this chapter and which, as approved, is to be
filed with the proper County Recording Officer.
FINANCIAL INSTITUTION
A facility wherein monies are handles in a fiduciary manner.
Examples include banks, check-cashing facilities, credit unions and
loan offices.
FLOOR
A story of a building.
FLOOD HAZARD AREA
The floodway and any additional designated portions of the
floodplain.
FLOODPLAIN
The (typically relatively flat) maximum land surface area
adjoining the channel of a natural stream or other body of water which
has been or may be inundated or covered by floodwater, typically during
a high tide or storm event.
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
(1)
FLOOR AREA, GROSS ("GFA")The sum of the gross horizontal areas of all floors within a building measured between the outside face of the exterior walls, or from the center line of a common wall separating buildings. In the case of residential structures, such area shall be finished in accordance with the requirements of the International Building Code. Basements which satisfy applicable construction code definitions of habitable space are included in the GFA for residential uses. Any cellar, garage, crawl space, unfinished attic or space of any nature, or accessory building, shall not be included.
(a)
The gross floor area of an attached residential dwelling unit
(i.e., duplex, townhouse, apartment, etc.) shall be measured from
the center of the interior walls and the outside or exterior walls.
(b)
Any space with a clear ceiling height of four feet or more,
but less than the minimum ceiling height prescribed in the International
Building Code for the type of building concerned, shall not be included
when in excess of 10% of the floor area which complied with such prescribed
ceiling heights.
(c)
In the case of all multistory buildings, the first floor area
shall be considered to be the first level or levels of the structure
extending over the full perimeter of the structure and which is above
the average finished grade of the adjoining ground, whether or not
such level is constructed on a concrete slab or other such floor.
In the case of a bi-level multistory building, the first floor area
shall be considered to be the first level or levels of the structure
over the full perimeter of the structure which are above the average
finished grade of the adjoining ground and constructed on other than
a concrete slab or other such floor. Any floor area which is located
at grade or on such a slab may, however, be included in the calculations
of gross floor area, provided that it complies with the other terms
of this definition.
(2)
FLOOR AREA, HABITABLE ("HFA")The sum of the gross horizontal areas of all floors of a dwelling measured between the inside face of the exterior walls or from the center line of the walls separating two dwelling units, having a clear ceiling height of seven feet four inches or greater, but not including any unfinished attic, cellar or accessory building space, but including the floor area of roofed porches, balconies, terraces and patios. See also "habitable room."
(3)
FLOOR AREA, NET HABITABLE ("NHFA")The actual occupied area fully enclosed by the inside surfaces of walls, windows, doors and partitions and including working, living, eating, cooking and sleeping areas, but excluding garages, carports, parking spaces, halls, storage areas, closets, bathrooms, cellars, half-stories and unfinished attics and basements.
(4)
FLOOR AREA RATIO ("FAR")The sum of the area of all floors of buildings or structures (gross floor area) divided by the total area of the lot, site or tract.
(5)
FLOOR AREA, NETThe sum of the gross horizontal areas of all floors of a commercial building which are used for the display of merchandise to and accessible to the general public, including any areas occupied by counters, showcases or display racks and aisles, but excluding entranceways, arcades or other such public areas as well as storage, preparation or other back-of-the-house functions not accessible to the general public.
(6)
FLOOR AREA, SALESThe sum of the gross horizontal areas of all floors of a commercial building which are used for the display of merchandise to the general public, and including any areas occupied by counters, showcases or display racks and any aisle, entranceways, arcades or other such public areas.
FOOD PRODUCTION USES
A facility for the preparation or manufacture of foodstuffs
for on-site retail sale or off-site wholesale supply. Examples include
bakeries and confectioneries.
FOOTCANDLE
A unit of illumination; technically, the illumination at
all points one foot distant from a uniform point source of one footcandle
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.
GARAGE
A detached accessory building or structure or an attached
portion of a principal building or structure, located on the same
lot as the principal building or structure, used for the parking or
temporary storage of motor vehicles or for the storage of other, typically
household, items, provided that such motor vehicles or stored items
belong to the occupants of the principal use for which the garage
is intended.
(1)
GARAGE, PRIVATEA garage used for the storage of not more than four passenger motor vehicles owned by the occupants of the principal building or structure and excluding the provision for repairing or servicing such vehicles for profit.
(2)
GARAGE, PUBLICA building or structure or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, or in which any such vehicles are kept for hire, but excluding any sale of motor vehicles, fuels or accessories unless otherwise permitted in the zoning district where the public garage is located.
(3)
GARAGE, REPAIRA building or structure and associated lands in which the maintenance, servicing or painting of motor vehicles is conducted for profit, and may include facilities for washing, polishing, spraying or other cleaning of motor vehicles.
GENERAL COMMERCIAL AND SERVICE ACTIVITIES
Uses designed to provide for the routine needs of the citizens
of Pleasantville. Examples include: pharmacies (including drive-through);
convenience stores with fuel-dispensing facilities; non-"big box"
general retail/appliance/hardware stores; financial institutions;
non-"chain"/nonfranchise craft/hobby shops, sporting goods shops,
pet shops, toy stores and book shops and newspaper and magazine stands;
antique/boutique/clothing and shoe/jewelry/gift shops; music stores,
including those that sell recorded music and musical instruments,
and like and similar activities.
GENERAL OFFICE
The office or offices of one or more member(s) of an executive
or administrative occupation, and which is used or intended to be
used solely for the operation, administration and management of such
occupants' business. Examples include advertising agencies, auditing
and bookkeeping offices, data processing, detective agencies, employment
agencies, general administrative offices and medical laboratories.
GLARE
The projection of light, or reflection of such light, of
whatever type or source, beyond the lot lines where such light is
produced.
GOLF COURSE
An area of 50 or more contiguous acres not designated as
tidal wetlands under N.J.S.A. 13:9A-1 et seq., on which is constructed
or otherwise placed at least nine holes of tees, greens, fairways,
rough, hazards, etc, together with the necessary and usual accessory
uses and structures, such as, but not limited to, clubhouse facilities,
dining and refreshment facilities, swimming pools, tennis courts and
the like, provided that the operation of such facilities is incidental
and subordinated to the operation of the golf course.
GOLF COURSE, MINIATURE
Any area not more than 1/4 acre of land on which is constructed
tees, greens and hazards (typically alleys, bridges and tunnels) in
a themed or novelty design, intended for family recreation, together
with the necessary and usual accessory uses and structures.
GOVERNMENTAL AGENCY
As applicable, 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.
GRADE
A reference plane representing the mean finished elevation
of the earth along the wall of the building that faces the primary
frontage of the lot. To calculate such mean, measurements shall be
taken at both ends and at the center of such primary frontage.
(1)
GRADE, EXISTINGThe existing, undisturbed elevation of land, ground and topography preexisting or existing on a lot, parcel or tract of land prior to disturbance for development purposes.
(2)
GRADE, FINISHEDThe completed surface of lawns, walks and roads brought to grade as shown on the official plans and designs relating thereto or as existing if no plans or designs have been approved.
GROUND COVER
Low-growing plants or sod that in time forms a dense mat
covering the area in which it is planted, preventing the growth of
unwanted plants while holding the soil in place.
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.
(1)
When properly regulated to avoid possible adverse physical effects
on residential neighborhoods, stable groups formed on the basis of
nontraditional relationships (i.e., relations having many aspects
in common with the traditional family relationship but not based exclusively
on ties of blood or marriage) can provide a valid alternative lifestyle
with recognized cultural and social value for the City. Consistent
with N.J.S.A. 40:55D-66.1 et seq., group family households may occupy
dwelling units within the City located in any zoning district in which
residential uses are permitted.
(2)
No group family household shall be established or maintained unless a zoning permit evidencing the compliance of such group family household with this definition and other applicable provisions of this chapter shall have first been issued in accordance with §
300-34.
(3)
Any question of whether a particular group constitutes a group
family household under this definition shall be determined by the
Zoning Officer pursuant to his/her authority to interpret the provisions
of this chapter. In making such determination, the Zoning Officer
shall consider all available information and, specifically, the following
factors (The Zoning Officer shall consider all facts and circumstances,
and the presence or absence, in whole or in part, of any particular
factor shall not be deemed controlling.):
(a)
Whether the group contains within it and is formed around one
or more families as defined in this chapter;
(b)
The extent to which the group recognizes one or more of its
members as the head or heads of the household;
(c)
Whether the group includes children, as well as adults, and,
if so, the group's mechanism for carrying out the child-rearing function;
(d)
The extent to which group membership is based upon express covenants
or agreements of unlimited duration, including the past stability
of group membership and expectations for stability in the future;
(e)
The extent to which a group decisionmaking process controls
not only housekeeping arrangements but also personal aspects of the
members' lives;
(f)
The extent to which the group functions as a single economic
unit, with members sharing financial resources and obligations;
(g)
The extent and nature of the division of labor within the group
regarding such common household activities as food preparation, housecleaning
and laundry;
(h)
The extent to which household possessions, such as furniture,
appliances and automobiles, are commonly owned and shared by all members
of the group;
(i)
The extent to which all members of the group have free access
to all areas of the dwelling unit; and
(j)
The extent to which some religious, moral or other common belief
forms the basis of the group's association.
(4)
See "community residence."
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 within a building used for the purposes of sleeping,
eating, the preparation of food, offices, the selling of merchandise,
public gatherings or assembly. All habitable rooms within a dwelling
unit shall have natural light, ventilation and heat. Garages, bathrooms,
closets, storage areas, hallways and stairs are not considered, in
and of themselves, to be habitable rooms.
HALF-STORY
That portion of a building under a sloped (gable, hip or
gambrel) roof, the wall plates of which, on at least two opposite
exterior walls, are not more than two feet above the floor of such
half-story. See "story." A "basement" shall be counted as a story,
and a "cellar" shall be counted as a half-story.
HAZARDOUS MATERIALS (SUBSTANCE)
Materials that are considered harmful to the health, safety
and welfare of the public. The "environmental hazardous substances"
on the Environmental Hazardous Substance List adopted by the New Jersey
Department of Environmental Protection pursuant to N.J.S.A. 34:5A-4
consistent, to the maximum extent possible, with and including the
list of hazardous substances adopted by the federal Environmental
Protection Agency pursuant to Section 311 of the federal Water Pollution
Control Act Amendments of 1972, P.L. 92-500, as amended by the Clean
Water Act of 1977, P.L. 95-217 (33 U.S.C. § 1251 et seq.);
the list of toxic pollutants designated by Congress or the federal
Environmental Protection Agency pursuant to Section 307 of that act;
and the list of hazardous substances adopted by the federal Environmental
Protection Agency pursuant to Section 101 of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, P.L. 96-510 (42
U.S.C. § 9601 et seq.). Such materials and substances include,
but are not limited to, inorganic mineral acids of sulfur, fluorine,
chloride, nitrogen, chromium, phosphorus, selenium and arsenic and
their common salts; lead, nickel and mercury and their inorganic salts
or metallo-organic derivatives; coal tar acids such as phenols and
cresols and their salts; petroleum products and radioactive materials.
HEALTH-CARE FACILITY
A facility or institution, whether public or private, engaged
in providing services for health maintenance organizations, diagnosis
or treatment of human disease, pain, injury, deformity or physical
condition, including, but not limited to, a general hospital, specialist
hospital, mental hospital, public health center, diagnostic center,
treatment center, rehabilitation center, extended-care facility, nursing
home, skilled nursing home, intermediate care facility, bioanalytical
laboratory (except as specifically included herein) or central services
facility servicing one or more such institutions, but excluding institutions
that provide healing solely by prayer or holistic medicine, and excluding
such bioanalytical laboratories as are independently owned and operated
and are not owned, operated, managed or controlled, in whole or in
part, directly or indirectly, by any one or more health-care facilities,
and the predominant source of business of which is not by contract
with health-care facilities within the State of New Jersey and which
solicit or accept specimens and operate predominately in interstate
commerce.
HIGH-WATER LINE
A line showing the upper inland wetlands boundary (a biological
high-water line) on a series of maps prepared by the New Jersey Department
of Environmental Protection for Lake's Bay and Absecon Bay, and their
tributaries in accordance with the provisions of the Wetlands Act
(N.J.S.A. 13:9A-1 et seq.), said line being established from photographs
and each of these maps being on file in the offices of the City Clerk,
County Clerk and the New Jersey Department of Environmental Protection.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding
property which significantly affects, or is significantly affected
by, the historic nature, character or quality therein.
HISTORIC SITE (STRUCTURE)
Any real property, man-made structure, natural object or
configuration, or any portion or group of the foregoing which has
been formally designated in the Master Plan as being of historical,
archeological, cultural, scenic or architectural significance.
HOLIDAY DECORATIONS
Temporary ornamentation 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, trade or other use, customarily
conducted for gain, entirely within a dwelling unit or residential
building or a structure accessory thereto, which is carried on exclusively
by the residents thereof, and which use is clearly incidental and
secondary to the use of the building for dwelling purposes.
(1)
When properly limited and regulated, such activities can take
place in a residential structure without changing the character of
either the neighborhood or the structure. In order to protect and
maintain the residential character of established neighborhoods while
recognizing that certain professional and limited business activities
have traditionally been carried on in residential structures, home
occupations, where permitted by this chapter, shall be strictly defined
as detailed herein.
(2)
Any home occupation that is customarily incidental to the principal
use of a building as a dwelling shall be permitted in any dwelling
unit. Any question of whether a particular use is permitted as a home
occupation under this definition shall be determined by the Zoning
Officer pursuant to his/her authority to interpret the provisions
of this chapter.
(3)
No home occupation shall be established or maintained unless a zoning permit evidencing the compliance of such home occupation with this definition and other applicable provisions of this chapter shall have first been issued in accordance with §
300-34.
(4)
In addition to the use limitations applicable in the zoning
district in which it is located, no home occupation shall be permitted
unless it complies with the following:
(a)
All activities associated with such home occupation shall be
conducted entirely within the principal dwelling unit or a permitted
private garage accessory thereto. No exterior storage is permitted,
and in no event shall such use be apparent from any public right-of-way
or adjacent property.
(b)
No alteration of any structure shall be made which changes the
character and appearance thereof as a dwelling or accessory structure
thereto.
(c)
No inventory shall be maintained, and no stock-in-trade shall
be displayed or sold, on the premises.
(d)
Other than telephone, facsimile machines, computers and related
equipment which are normal and customary to standard business practices,
no mechanical, electrical or other equipment shall be used, and no
work shall be conducted as part of a home occupation which causes
or produces, by reason of vehicular traffic, equipment use or other
cause, any emission, noise, sound or vibration; glare; heat, humidity,
fumes, odors, smoke, dust or other particulate matter; electrical
or magnetic radiation or interference (e.g., with a neighbor's radio
and/or television reception); or other nuisance, noxious, offensive
or hazardous situation outside the residential or accessory structure
in which the home occupation is conducted.
(e)
The use of the property devoted to any aspect of the home occupation
shall not encompass more than the lesser of 25% of the net habitable
floor area of all structures on the premises or 400 square feet.
(f)
The home occupation shall not generate the need for more than
two employees (the member of the household residing on the premises
plus one nonresident employee) on site at any one time.
(g)
The home occupation shall not generate the business or care
of more than two clients at any one time and shall be by appointment
only.
(h)
The home occupation shall not include the breeding, raising,
care, boarding or maintenance of animals.
(i)
The home occupation shall not necessitate the need to park more
than one vehicle at any time in addition to those ordinarily used
by the residents of the premises. Said vehicles shall be limited to
passenger automobiles and/or other vehicles not exceeding a three-quarter-ton
capacity and must be parked off-street. No other vehicles owned or
operated in conjunction with the home occupation shall be parked or
stored overnight, or repaired, either on or off the premises.
(j)
All parking related to the home occupation shall be restricted
to the side and rear yard area of the lot on which the home occupation
is conducted. All parking areas with three or more spaces shall be
screened with a hedge or fence.
(k)
The home occupation shall not reduce the parking or yard requirements
of the dwelling.
(l)
Not more than one unlighted nameplate sign, not exceeding one
square foot in area, shall be permitted. Such sign shall be limited
to displaying the name, occupation, address if not otherwise displayed
on the building and telephone number of the home occupation.
(m)
Particular home occupations permitted. Except as provided in
Subsection E(4)(n) hereinbelow, customary home occupations include
all occupations which meet the purposes, standards and requirements
of Subsections E(4)(a) through (l) of this definition and, in particular,
include, but are not necessarily limited to, the following list of
examples:
[1]
Individual instruction to not more than two students at a time,
except for occasional groups;
[2]
Child care of not more than six nonresident children, as further defined under §
300-10;
[4]
Office facilities for clergy not included in places of worship;
[5]
Offices for sales representatives and manufacturer's representatives
when no retail or wholesale sales are made or transacted on the premises;
[6]
Arts and crafts, photography, literary, musical composition
or similar studios; and
[7]
Homebound employment of a physically, mentally deficient or
emotionally disabled person who is unable to work away from home by
reason of such condition.
(n)
Particular home occupations prohibited. Permitted home occupations
shall not, in any event, be deemed to include:
[1]
The manufacture, repair, education of or other workings related
to blades or firearms;
[2]
Nursing homes or private sanatoria;
[3]
Lodging or boarding homes;
[4]
Funeral homes, mortuaries and embalming establishments;
[5]
Beautician, barber, hair stylist or similar shop;
[7]
Stables, kennels or veterinary hospitals;
[8]
The letting of more than one rooming unit;
[9]
Clubs, including fraternities and sororities;
[10]
Health clinics, hospitals or the general practice of medicine,
dentistry or veterinary medicine;
[11]
Instruction of more than two students at a time, except for
occasional groups;
[13]
Retail or wholesale businesses of any kind involving transactions
on the premises.
HOMEOWNERS' ASSOCIATION
An incorporated, nonprofit organization operating under a
recorded land agreement through which each lot owner, condominium
owner, stockholder under a cooperative development or other owner
of property or interest in the project shall be a member; through
which each dwelling unit is subject to a charge for proportionate
share of the expenses for the organization's activities and maintenance,
including any maintenance costs levied against the association by
the municipality, and through which each owner and tenant has a right
to use a common property.
HOSPITAL
A building or series of buildings forming an institution
providing medical diagnosis, treatment and care, including surgical
care, for persons suffering from physical or mental deficiency, disease,
injury and like and similar conditions, and including as an integral
part thereof, such related facilities as short-term residential recovery
facilities, laboratories, outpatient facilities, clinics, training
facilities, central service facilities and staff offices. For the
purposes of this chapter, the definition of "hospital" shall not include
residential nursing homes, doctor's offices, nonresidential medical-care
centers or like and similar uses.
HOTEL
A building or group of buildings which collectively contain,
but are not necessarily solely comprised of, six or more rooms or
groups of rooms forming multiroom suites, and which are designed,
designated and intended to be used, let or hired out for compensation
for transient occupancy to the general public by reservation or walk-up
without reservation, but in any case without lease, with or without
meals, for occupancy in periods of not less than one night and not
more than 20 continuous nights. A hotel shall have full-time, on-site
resident management which shall not be subject to the occupancy limitation,
and shall:
(1)
Contain a common public lobby or registration office or area;
(2)
Have at least 75% of rooms or suites accessed by principal entrances
from an interior hallway common to more than two rooms or suites;
and
(3)
Provide amenities such as restaurants, retail outlets, conference
rooms, recreation facilities and personal service establishments.
HOTEL UNITS
Transient lodging units within a hotel which:
(1)
Are accessed solely through a common public lobby area by elevator
or other conveyance system.
(2)
Contain, at a minimum, one bedroom and one separate bathroom,
which shall be internal to the hotel unit.
(3)
Contain not less than 350 square feet of net habitable floor
area for traditional hotel units, defined as a transient lodging unit
consisting of a single sleeping and living room with separate, internal
bathroom and 450 square feet of net habitable floor area for hotel
suites, defined as a transient lodging unit consisting of a more than
one sleeping and/or living room with separate, internal bathroom.
(4)
Other than an iron/ironing board, shall contain no laundry facilities.
HOUSEKEEPING UNIT
One or more persons living together in a single dwelling
unit on a nonseasonal basis and sharing living, sleeping, cooking
and sanitary facilities on a nonprofit basis.
IMPERVIOUS SURFACE
Any natural or man-made surface which does not permit infiltration
of water and causes surface runoff. All buildings, parking areas,
driveways, roads, sidewalks and any areas in concrete and asphalt
shall be considered impervious surfaces within the meaning of this
definition. In addition, other areas determined by the Board Engineer
to be impervious within the meaning of this definition will also be
classed as impervious surfaces. For purposes of building and impervious
surface coverage calculations required in this chapter, porous asphalt,
concrete and concrete pavers shall be deemed to be impervious surfaces.
IMPROVED STREET
A public right-of-way which is curbed and paved in accordance
with the standards set forth in this chapter or, alternately, a public
right-of-way which has been improved to the standards specified by
the City Engineer upon approval and acceptance by the governing body
of the City, the governing body of Atlantic County or the appropriate
state agency.
INDEPENDENT LIVING FACILITY
An age-restricted residential development that emphasizes
social and recreational activities but may also provide communal dining,
personal services, limited health facilities and transportation (Note:
aka an "adult retirement community.").
INDUSTRIAL
Relating to fields of economic activity whose intensity exceeds
that which is normally intended for the general public, including,
but not limited to, forestry, fishing, hunting and trapping, mining,
construction, manufacturing, transportation, communication, electric,
gas, sanitary services and wholesale trade.
(1)
INDUSTRIAL, HEAVYThe treatment, fabrication, reshaping, reworking, assembly combining or processing of products from raw materials or the production of articles or finished products from raw or prepared materials by giving them new forms or qualities, wherein such activities or materials create hazard from fire or explosion, or produce toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.
(2)
INDUSTRIAL, LIGHTThe fabrication, production, reshaping, reworking, repair, assembly, packaging, bottling, combining, compounding or processing of materials or products from previously prepared goods or materials, wherein such activities or materials do not generate hazard from fire or explosion; produce toxic or corrosive fumes, gas or smoke; obnoxious or unpleasant dust, vapor or odors; offensive noise or vibration; glare; flashes, objectionable effluent, pollutants or recognized deleterious substances.
INSTITUTION
A medical, educational, correctional, religious or social
service organization founded for the promotion of a specific identified
cause and chartered as a public, governmental or eleemosynary entity.
INTERESTED PARTY
In a criminal or quasi-criminal proceeding arising out of
this chapter, any citizen of the State of New Jersey. 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 Pleasantville,
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.
JUNK (SALVAGE) YARD
Any area and/or structure, or part thereof, whether inside
or outside a building, used or intended to be used for the sale, purchase,
trade, collection, storage, keeping, dismantling, demolition, salvage,
resale, recycling or abandonment of used or discarded metals, glass,
paper, cordage, fabrics, other goods or materials, or any used, waste
or disabled fixtures, vehicles, machinery or equipment of any kind.
The storage of more than one disabled, inoperable, unregistered or
uninsured vehicle on a lot for more than three days shall constitute
a junkyard under this definition.
KENNEL
Any building, structure or lot on (in) which four or more
domesticated animals more than four months of age are housed, groomed,
bred, boarded, trained or sold for profit or gain as a commercial
operation.
LAKE
A natural or man-made body of water with a surface area greater
than two acres, measured under ten-year storm conditions, which normally
contains or retains water for extended periods. The shoreline of a
lake is measured at the perimeter of the surface of the water, under
ten-year storm conditions, as certified by the applicant's licensed
professional land surveyor and approved by the City Surveyor.
LAND
Includes improvements and fixtures thereon, above or below
grade.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting
or filling of land and any other activity which causes land to be
exposed to the danger of erosion.
LAND MANAGEMENT CODE
This Chapter
300 of the City Code of the City of Pleasantville, along with any exhibits, maps and other and materials related hereto and specified herein.
LANDSCAPE/LANDSCAPING
The orderly, planned installation of shrubs, ground cover,
flowering plants (perennials and annuals), trees, rocks, water, sculpture,
art, walls, fences, berms, decorative mulches, gravels, pavers and
other natural and man-made materials to produce an aesthetically pleasing
appearance, satisfy ground stabilization requirements and/or provide
a visual buffer or screen, arranged and implemented in accordance
with proper design and horticultural practices and the requirements
of this chapter.
LANDSCAPE SCREEN
A visual and auditory barrier between adjoining lots or uses,
typically composed of evergreen growth. See "buffer."
LAND SURVEYOR
A person who, by reason of 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 a valid New Jersey license
as a professional land surveyor.
LAND USE APPROVAL
Approval for the development of one or more lots issued by
any relevant permitting agency, including, but not limited to, the
Pleasantville Zoning Officer, Planning Board or Zoning Board of Adjustment.
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 parking space or berth, no
part of which is located in any street or public right-of-way, either
within a building or group of buildings or in the open and on the
same lot with such building or group of buildings, the principal use
of which is for the temporary standing (parking) of commercial vehicles
while loading or unloading merchandise or materials.
LODGE
See "private club (lodge)."
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law, under single ownership and
undivided by any street or private road, and occupied, used by or
designated to be developed for building(s) or use(s) as permitted
by this chapter, together with such open spaces and yards as are designed
and arranged or required by this chapter to be used with such building,
use or development.
LOT AREA
The total horizontal area of land, typically expressed in
acreage and/or square feet, which is determined by the limits of the
lot lines bounding such area, and not including any portion of a public
right-of-way but including any portion which may be dedicated for
a public right-of-way as a condition of land use approval. Portions
of lots encumbered by easements shall be included in calculating lot
area.
LOT AREA, MINIMUM
The smallest lot on which a particular use or structure may
be located in a particular zoning district.
LOT, CORNER
A lot on the junction of and abutting two or more intersecting
streets, 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°.
(1)
If the interior angle exceeds 135°, the lot shall be deemed
an interior lot.
(2)
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 the two tangents shall be subject to the
regulations applicable to an interior lot.
(3)
For the purposes of calculating lot width, lot depth and required
setbacks in accordance with this chapter, the lot frontage(s) of a
corner lot shall be those frontages which abut a public right-of-way,
with any remaining lot lines being designated side yards and rear
yards, respectively. The designation of the primary lot frontage,
any secondary lot frontage(s), lot side(s) and lot rear(s) shall be
noted on the survey, plot plan or other documentation submitted as
part of the application for land use approval.
(4)
Side and rear yards designations shall be based on the primary
lot frontage of the subject building. Where side yard regulations
include both a minimum and total side yard requirement and only one
side yard exists (thereby precluding a total side yard calculation),
only the minimum side yard requirement shall be applied.
(5)
The front yard setback for a secondary front yard on a corner
lot may be decreased by not more than 25% of the required front yard
setback in the zoning district in which the lot is located, unless
a driveway is located in such secondary front yard, wherein a reduced
front yard setback shall not be permitted.
(6)
See "lot depth" and "yard, side."
LOT DEPTH
The shortest distance between the front lot line and a line
drawn perpendicular to the front lot line through the midpoint of
the rear lot line, provided that, in irregularly-shaped lots or lots
having no readily discernible rear lot line, the distance shall be
measured to the midpoint of a line parallel to the front lot line,
which shall be not less than 10 feet in length, measured to a point
where such line intersects with the two side lot lines.
On corner lots, one side lot line shall be considered a rear
lot line for the purpose of determining lot depth only.
|
LOT, FLAG
A large lot not meeting minimum frontage requirements, where
access to the public right-of-way is by a narrow, private driveway.
LOT FRONTAGE
The horizontal distance between the side lot lines measured
along and coexistent with a street line. The minimum lot frontage
shall be the same as the minimum lot width, except that where the
lot frontage is a curve with an outside radius of less than 500 feet,
the minimum lot frontage shall not be less than 75% of the minimum
lot width. See "lot frontage, primary" and "lot frontage, secondary"
for regulations pertaining to lot frontage for a corner lot.
In the case of an unimproved street or a street of varying or
undefined width, lot frontage shall parallel the center line of the
street at a distance of 50% of the statutory right-of-way width therefrom.
For the purposes of this chapter, only continuous, uninterrupted lot
lines shall be accepted as meeting the lot frontage requirement.
|
|
LOT FRONTAGE, PRIMARY — In the case of a corner lot, that
lot frontage on which the principal entrance to the building or structure
is located.
|
|
LOT FRONTAGE, SECONDARY — In the case of a corner lot,
any lot frontage that is not a primary lot frontage.
|
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)
LOT LINE, FRONTA lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated. In the case of a corner lot, each street line separating such lot from a street shall be considered a front lot line.
(2)
LOT LINE, REARThe lot line most distant from, and generally opposite and parallel to, the front lot line. See "lot depth."
LOT OF RECORD
A parcel of land that, on the effective date of this chapter,
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 shortest horizontal distance between the side lot lines,
measured at front yard setback line. When the side lot lines are not
parallel, the mean width of the lot measured generally parallel to
the front lot line. The minimum lot width as required by this chapter
shall be maintained for at least 75% of the minimum lot depth, as
measured continuously from the front setback line, except for lots
which front the bulb of a cul-de-sac, in which case lot width at the
front setback line may be reduced to 50% of the required lot width,
provided that the mean lot width does not fall below 75% of the required
lot width.
MAINTENANCE GUARANTY (SURETY)
Any security, other than cash, which may be accepted by the
City for the maintenance of any improvements required by N.J.S.A.
40:55D-1 et seq., including but not limited to surety bonds and letters
of credit as specified in N.J.S.A. 40:55D-53.5.
MALL
A public promenade or pedestrian way which may be open or
enclosed, and, for the purposes of this chapter, includes commercial
activity.
MARINA
A small harbor, inlet or boat basin devoted to the purpose
of providing docks, berths, slips or tie-ups for boats and other watercraft,
along with associated amenities, including, but not limited to, bait
and tackle shops, food and beverage outlets (restaurants or snack
bars), fueling facilities, sewage pumpout stations, fish cleaning
stations and necessary supportive utilities. See "watercraft"-related
definitions.
MARINE ACTIVITIES
Any fishing, boating or otherwise water-related use or facility,
whether for recreation or commercial purposes. See "watercraft"-related
definitions.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the City as set forth in and adopted by the Planning
Board pursuant to N.J.S.A. 40:55D-28 and including all subsequent
amendments thereto and reexaminations thereof. See "2008 Comprehensive
Master Plan Update."
MAYOR
The Mayor of the City of Pleasantville.
MEDICAL/DENTAL COMPLEX
An integrated development consisting of a combination of
general and/or specialized medical, dental and/or related uses, but
in no case medically oriented residential uses, housed in an enclosed
building or buildings on a single lot or collection of contiguous
lots forming a single parcel, utilizing such common facilities as
patient and employee parking, pedestrian walkways and seating areas,
utilities and sanitary facilities, and having a minimum total floor
area of 3,000 square feet
MENTALLY DEFICIENT PERSON
A person who is afflicted with a mental deficiency as defined
in N.J.S.A. 30:4-25.1, whose reduction of social competence is so
marked that persistent social dependency requiring guardianship of
the person shall have been demonstrated or be anticipated.
MORE (LESS) RESTRICTIVE ZONING DISTRICT
For the purposes of this chapter, a more restrictive zoning
district shall be deemed to be that zoning district which is subject
to regulations which prohibit the particular use intended to be made
on said lot, or which regulations require higher standards with respect
to setbacks, coverage, yards, screening, landscaping, off-street parking,
density of population, bulk of buildings and similar requirements.
By way of example, residential districts are generally more restrictive
than commercial districts, and commercial districts are generally
more restrictive than industrial districts. Interpretation of more
or less restrictive zoning districts shall be made by the Zoning Officer
at time of certification of completeness.
MORTUARY
An establishment operated by a licensed mortician in accordance
with N.J.S.A. 45:7-1 et seq., for the purposes of processing deceased individuals for
burial, cremation or like or similar purpose.
MOTEL (MOTOR COURT, MOTOR HOTEL)
A building or group of buildings which contains, but is not
necessarily solely comprised of, six or more units which are designed,
designated and intended to be used, let or hired out for compensation
for transient occupancy to the general public by reservation or walk-up
without reservation, but in any case without lease, with or without
meals, for occupancy in periods of not less than one night and not
more than 20 continuous nights, and wherein more than 25% of the motel
units have individual entrances from the exterior of the building
within convenient access to a parking space or parking spaces for
the use of the unit's occupants. A motel shall have full-time, on-site
resident management which shall not be subject to the occupancy limitation,
and may provide amenities such as restaurants, conference rooms and
recreation facilities.
MOTEL UNITS
Transient lodging units within a motel which:
(1)
Contain, at a minimum, one bedroom and one separate bathroom,
which shall be internal to the motel unit.
(2)
Contain not less than 350 square feet of net habitable floor
area for traditional motel units, defined as a transient lodging unit
consisting of a single sleeping and living room with separate, internal
bathroom and 450 square feet of net habitable floor area for motel
suites, defined as a transient lodging unit consisting of a more than
one sleeping and/or living room with separate, internal bathroom.
(3)
Other than an iron/ironing board, shall contain no laundry facilities.
MULCH (MULCHING)
The application to the land surface of plant residue or other
suitable organic or inorganic material that is not readily subject
to movement by wind or water, in order to conserve moisture, hold
soil in place, prevent weed growth, protect plants from extremes of
heat and cold and aid in establishing plant cover.
MULTIFAMILY DWELLING (BUILDING, STRUCTURE)
A building containing three or more dwelling units, as defined,
designed for residential occupancy by three or more housekeeping units
living independently of each other in separate dwelling units, each
with its own cooking and sanitary facilities wherein not more than
one person per household is sheltered or fed for profit. For the purposes
of this chapter, townhouses are not considered multifamily buildings.
See "apartments."
MUNICIPAL AGENCY
The Planning Board, Board of Adjustment or City Council of
the City of Pleasantville, when acting pursuant to N.J.S.A. 40:55D-1
et seq., and this chapter.
NEIGHBORHOOD COMMERCIAL AND SERVICE ACTIVITIES
Uses designed to provide for the routine needs of the residents
living in the vicinity of the subject use. Examples include: grocery/specialty
food stores; convenience stores without fuel-dispensing facilities;
video rental/sales; non-"big box" general retail/dry goods stores;
fabric stores; hair and nail salons/barber and beauty shops; tailor
shops; greeting card/stationery/florist shops; retail dry cleaners
(no commercial cleaning on premises); shoe repair; and like and similar
activities.
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.
NEW CONSTRUCTION
Buildings or structures for which the start of construction
commences on or after the effective date of this chapter.
NOISE
For the purposes of this chapter, any sound, of whatever
type or source, emanating from a lot, building, structure or use,
whether principal or accessory, which impacts the quiet enjoyment
and/or the routine activities of neighboring or nearby lots, buildings,
structures or uses.
NONCONFORMING BUILDING (STRUCTURE)
A building or structure, the use, size, dimension or location
of which was lawfully existing prior to the effective date of this
chapter, or any amendment thereto, but which, after such effective
date of or amendment to this chapter, fails to conform to the requirements
of the zoning district in which such building or structure is located.
Any building containing more than one dwelling unit beyond to the
number permitted by the regulations in the zoning district where such
building is located shall be deemed to be a nonconforming use rather
than a nonconforming building.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawfully
existing prior to the effective date of this chapter, or any amendment
thereto, but which, after such effective date of or amendment to this
chapter, fails to conform to the requirements of the zoning district
in which such lot is located.
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
A use or activity which was lawfully existing prior to the
effective date of this chapter, or any amendment thereto, but which,
after such effective date or amendment, fails to conform to the requirements
of the zoning district in which such use or activity is located.
NON-POINT-SOURCE POLLUTION
Pollution from any source other than a discernible, confined
and discrete conveyance, including, but not be limited to, pollutants
from agricultural, forestry, mining, construction, subsurface disposal
and urban runoff.
NUISANCE
An offensive, annoying, unpleasant or obnoxious item or practice;
a cause or source of an annoyance, especially a continuing or repeating
invasion or disturbance of another's rights, including the actual
or potential emanation of any physical characteristic of activity
or use across a lot line which can be perceived by or affect a human
being; the generation of an excessive or concentrated movement of
people or items, including, but not limited to, noise; dust; heat;
smoke; fumes; odor; glare; flash; vibration; shock wave; heat; electronic
impulses, radiation; effluent; or other externality, including by
congregation of people, especially at night; traffic; or the transportation
of items by truck, rail or other means.
NURSING HOME (FACILITY)
A licensed 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. A hospital shall
not be construed to be included in this definition.
O.C.
On center. The spacing between the centers of planted trees,
light standards or other vertical elements.
OCCUPANCY
The specific purpose for which a lot or building is designed,
used or maintained.
OCCUPANCY PERMIT
A permit issued by the Code Enforcement Officer or designee
certifying that a dwelling unit or apartment is fit for human habitation
and that such dwelling unit or apartment is in compliance with all
other ordinances of the City of Pleasantville. A dwelling unit shall
be deemed to be unfit for human habitation where conditions exist
therein which are dangerous to the health or safety of the units occupants
or of the residents of the City. Such conditions may include, but
need not be limited to, defects increasing the hazard of fire, accidents
or other casualty; lack of adequate ventilation, light or sanitary
facilities; dilapidation, disrepair or structural defects; or uncleanliness.
ODOROUS MATTER
Any material that produces a positive or negative olfactory
response in a human being.
OFFICE OF PLANNING ADVOCACY
The New Jersey Office of Planning Advocacy (successor to
the Office of Smart Growth and the Office of State Planning) within
the New Jersey Department of Community Affairs.
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.
OFFICIAL MAP
A map adopted by ordinance by the governing body pursuant
to N.J.S.A. 40:55D-32 et seq., which shall be deemed conclusive with
respect to the location and width of streets and public drainage ways
and the location and extent of flood control basins and public areas,
whether or not such streets, ways, basins or areas are improved or
unimproved or are in actual physical existence.
OFF SITE
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
right-of-way or drainage or utility easement.
OFF TRACT
Not located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
ON SITE
Located on the lot in question.
ON TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
OPEN 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, and improved only
by buildings, structures, streets and off-street parking and other
improvements that are designed to be incidental to the natural openness
of the land.
(1)
OPEN SPACE, COMMONOpen space held in private ownership and regularly available for use by the occupants of more than one dwelling.
(2)
OPEN SPACE, PERIMETER LANDSCAPEDA landscaped open space intended to enhance the appearance of parking lots and other outdoor auto-related uses or to screen incompatible uses along zoning district boundary lines by means of appropriate landscaping or screening. Except as expressly provided in this chapter, 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, shall be suitably surfaced with grass, ground cover or decorative paving material or any combination thereof, and shall contain landscaping such as ornamental trees and shrubs or appropriate screening devices such as decorative walls, fences or berms, or any combination thereof, sufficient to create a permanent screen not less than eight feet in height, wherein 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 Zoning Officer for review.
(3)
OPEN SPACE, PRIVATEOpen space held in private ownership, the use of which is normally limited to the occupants of one dwelling.
(4)
OPEN SPACE, PUBLICOpen space conveyed or otherwise dedicated to a municipality, municipal agency, board of education, federal, state or county agency or other public body for recreation or conservation purposes.
(5)
OPEN SPACE, UNOCCUPIEDAn unoccupied area, including natural and man-made watercourses, streams, lakes, ponds and grassed, wooded or landscaped area, open to the sky on the same lot with a principal and/or accessory building and other site features. Improved sidewalks, paved paths or other pedestrian ways within an unoccupied open space area which exceed four feet in width shall be deducted in determining the unoccupied open space area.
(6)
(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;
(c)
Has a depth of not less than 30 feet;
(d)
Is not more than three feet above or below t.o.c.; and
(e)
Is landscaped with trees, shrubs or other plant materials and
may include tables and chairs for alfresco dining, sculpture, fountains
or similar features, provided that the surface area occupied by such
planting or features does not exceed 66% of the area of the urban
open space and that the balance of the urban open space is suitable
for walking, sitting and similar pursuits.
(7)
OPEN SPACE, USABLEOpen 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:
(a)
The minimum dimensions for usable open space at the ground level
is 10 feet with a minimum area of 100 square feet;
(b)
The minimum dimensions for usable open space located on roofs
or decks is 20 feet with a minimum area of 400 square feet;
(c)
The minimum dimensions for usable open space for a balcony is
five feet with a minimum area of 50 square feet
OWNER
An individual, family, group, firm, association, syndicate,
partnership or corporation having proprietary interest in land which
is the subject of a development proposal.
PARKING AREA (LOT)
A paved open area, other than a street or other public way,
used for the open storage of motor vehicles, and including any driveways
and access drives, as well as accessory incidental structures or improvements
such as curbing, drainage, lighting and signage.
(3)
PARKING AREA (LOT), PRIVATEA paved open area, other than a street or other public way, used for the open storage of privately owned motor vehicles and not for public use, and including any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting and signage.
(4)
PARKING AREA (LOT), PUBLICA paved open area, other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free or as an accommodation of clients or customers, and including any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting and signage.
(5)
PARKING AREA (LOT), COMMERCIALA paved open area, other than a street or other public way, used for the parking of motor vehicles in return for a fee and which is not directly operated by and on behalf of a use permitted in the zone in which located, and including any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting and signage.
PARKING FACILITY, PUBLIC
A building, structure, garage, outdoor space, plot, place,
lot, parcel, yard or enclosure, or any portion thereof, where motor
vehicles may be parked, stored, housed or kept, for which any charge
is made, and which is open to the general public.
PARKING SPACE
An off-street space provided for the parking of a motor vehicle,
exclusive of driveways, access drives, fire lanes and public rights-of-way,
which is located either at grade or within a structure designed for
such purpose. Private driveways for dwelling units shall be considered
off-street parking spaces, provided that no portion of the parking
space shall extend into the public right-of-way.
PARTY IMMEDIATELY CONCERNED
For purposes of public notice, any applicant for development,
the owners of the subject property and all owners of property and
government agencies entitled to notice under N.J.S.A. 40:55D-12.
PATIO
An open-sided area or platform, without roof, which is at
grade or elevated less than 12 inches above grade, and which is surfaced
with hardscape material such as brick, stone, pavers, cement or lumber,
and which is typically used for recreation purposes.
PERFORMANCE GUARANTY
Any security, other than cash, which may be accepted by the
City in accordance with the requirements of this chapter, including,
but not limited to, surety bonds and letters of credit as specified
in N.J.S.A. 40:55D-53.5.
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
PERSONAL SERVICE ESTABLISHMENT
A facility in which an individual utilizes his/her skills
and/or talents for the provision of services involving the care of
a person or his/her personal goods or apparel. Examples include hair
and nail salons, barber and beauty shops, tailor shops, shoe repair,
and like and similar activities.
PHARMACY
A retail establishment wherein prescription and nonprescription
medications and related items are prepared and dispensed by a licensed
professional, and which may include the sale of prepackaged foods,
cosmetics, books and magazines, sundries and miscellaneous articles
and dry goods.
PLACE OF WORSHIP
A building or group of buildings used by congregations for
public worship, including cathedrals, chapels, churches, meetinghouses,
mosques, synagogues, temples and similarly used buildings, as well
as accessory uses such as religious education, social halls, parish
houses, rectories and like and similar uses.
PLANNING AND REDEVELOPMENT ADVISORY COMMITTEE
A committee consisting of the Planning Board Chair (or Class
IV designee selected by the Planning Board Chair), the City Administrator
(or designee), the City Planner (or designee), the Zoning Officer
and the member of the governing body who is the (Class III) member
of the Planning Board, with additional technical assistance provided
by the City Solicitor, City Engineer or other City staff or professionals
as may be determined on a case-by-case basis.
(1)
The Planning and Redevelopment Advisory Committee shall function
in an informal manner, and as such shall establish its own rules and
procedures as necessity dictates. Accordingly, and regardless of the
capacity in which such Committee shall function, all Committee meetings
shall be nonbinding work sessions and not public hearings as defined
in the Open Public Meetings Act (N.J.S.A. 10:4-6) and thereby subject
to public notice.
(2)
The Planning and Redevelopment Advisory Committee shall be chaired
by the City Administrator or his designee, and shall function as an
ex-officio administrative arm of the City, with duties including,
but need not be limited to:
(a)
Review and recommendation to City policymakers regarding land
use and development-related issues.
(b)
Informal review of project concepts and description of project
elements proposed by prospective developers prior to making formal
application to the Planning Board or Zoning Board of Adjustment, as
the case may be, in order to provide insight with respect to the concepts
and to offer nonbinding suggestions and recommendations for the improvement
of the concepts.
(c)
Administrative review of items as specifically authorized by
a redevelopment plan adopted by the City pursuant to the New Jersey
Local Redevelopment and Housing Law.
(d)
Any other appropriate issue as assigned by the City.
PLANNING BOARD
The Planning Board of the City of Pleasantville, established pursuant to N.J.S.A. 40:55D-23 and §
300-11 herein.
PLAT
One or more maps of a subdivision or a site plan which show
the location, boundaries and ownerships of individual properties.
(1)
PLAT, FINALThe map or maps of all or a portion of the development prepared and submitted to the Planning Board or Zoning Board of Adjustment, as the case may be, for final site plan or subdivision approval. Final plat shall also include and be synonymous with the term "final site plan."
(2)
PLAT, PRELIMINARYThe map or maps of all or a portion of the development prepared and submitted to the Planning Board or Zoning Board of Adjustment, as the case may be, for preliminary site plan or subdivision approval. Preliminary plat shall also include and be synonymous with the term "preliminary site plan."
PLEASANTVILLE HOUSING AUTHORITY ("PHA")
The Housing Authority of the City of Pleasantville, an independent
agency of the City charged with administering federally sponsored
[Note: Under the auspices of the United States Department of Housing
and Urban Development ("HUD").] low-income housing programs on behalf
of the City.
PLEASANTVILLE URBAN ENTERPRISE ZONE ("PUEZ")
The office of the Urban Enterprise Zone for the City of Pleasantville,
operating under the New Jersey Urban Enterprise Zones Act (N.J.S.A.
52:27H-60 et seq.) and unless otherwise indicated, includes its appointed
Board of Trustees, officers and staff.
POND
A natural or man-made body of water with a surface area,
measured under ten-year storm conditions, of two acres or less, which
normally contains or retains water for extended periods. The shoreline
of a pond is measured at the perimeter of the surface of the water,
under ten-year storm conditions, as certified by the applicant's licensed
professional land surveyor and approved by the City Surveyor.
PORCH
An open-sided, roofed platform, which is elevated more than
12 inches above grade and supported by piers, pillars or posts rooted
in a permanent concrete foundation, and which projects from the exterior
wall of a principal building, has direct access from that principal
building, and has at least three of its perimeter sides unobstructed
in any manner between floor and ceiling except for roof-support elements
and insect screening. Porches shall be fitted with appropriate railings
pursuant to applicable building codes.
PORCH, OPEN
A porch having not less than 70% of the total area of the
vertical planes forming its perimeter unobstructed in any manner between
floor and ceiling except by insect screening.
PORTICO (PORTE-COCHERE)
An open-sided roofed structure projected from the exterior
wall of a principal building, with direct access from that building,
and sheltering an entrance to that building. A portico may also be
considered as a roofed area forming a porch. The roof of a portico
shall be supported by piers, pillars or posts rooted in a permanent
concrete foundation. In no case shall a portico be construed as a
carport (i.e., open-sided garage) for the parking of motor vehicles
or other outdoor storage.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48 and 40:55D-49 prior to final approval, after specific elements
of a development plan have been agreed upon by the applicant and the
Planning Board or Zoning Board of Adjustment, as the case may be.
PREMISES
A lot, plot or parcel of land, or multiple lots, plots or
parcels, forming a tract of land, together with the buildings and
structures thereon, held under a single ownership or control. See
"lot."
PRINCIPAL BUILDING (STRUCTURE)
A building or structure in which is conducted the main or
primary use of the lot on which said building is situated. No lot
shall have erected upon it more than one principal building or structure
unless otherwise specified in this chapter.
PRINCIPAL USE
The primary purpose for which a building, structure or lot
is used. No lot shall be used for more than one principal use unless
otherwise specified in this chapter.
PRIVATE CLUB (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 or to render a service which is customarily carried
on as a business.
PROFESSIONAL OFFICE
The office or offices of one or more member(s) of a recognized,
licensed profession, and which is used or intended to be used solely
for the administrative function of such occupants' business and/or
profession. Examples include offices for accountants, architects,
attorneys, clergy, engineers, financial or investment counselors,
funeral parlors, insurance brokers, medical and dental practitioners,
planners, real estate brokers, stock, commodity or investment brokers,
veterinarians and like and similar professional occupations.
PROHIBITED USE
A use which is not specifically allowed or permitted in a
particular zone and for which the granting of a variance under N.J.S.A.
40:55D-70d would be necessary in order to provide that use. Uses not
expressly permitted by this chapter shall be prohibited.
PROJECT CONCEPTS AND DESCRIPTION OF PROJECT ELEMENTS
Architectural drawings and associated narrative, graphic
and budgetary information prepared during early and introductory stages
of the design of a project, illustrating, in a schematic form, the
project scope, scale, relationship to its site and immediate environs
and exterior colors and finishes.
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, redevelopment plan, capital improvement program
or other proposal for land development adopted by the appropriate
public body or 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 biological habitat and drainage function
of the channel in order to provide for the flow of water to safeguard
the public against flood damage, sedimentation and erosion, to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground, where practical, and to lessen nonpoint
pollution.
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, commercial
and industrial uses permitted by this chapter.
PUBLIC PURPOSE USE
The use of land or buildings by the City, a City agency,
Board of Education, federal, state or county agency or other public
body.
PUBLIC RIGHT-OF-WAY
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.
PUBLIC SITE
An area devoted to or planned for use as a public park, public
school, federal, state, county or City building or facility or other
public use or facility.
PUBLIC UTILITY (CENTRAL) SUBSTATIONS
An assembly of equipment in a delivery system which is owned
and operated by a recognized public utility, for the purpose of transmission,
distribution, interconnection, transformation, conversion, switching,
control or monitoring of the utility product (typically electricity,
water, sanitary sewerage, telecommunications and natural gas) for
the benefit of the public. For the purposes of this definition, sewerage
pump stations shall be considered a public utility (central) substation.
Such facilities shall be fully secured by a surrounding fence or an
enclosing structure, provided that any such structure shall be designed
to conform and harmoniously blend with the architecture of neighboring
or nearby buildings. No permanent storage of material or equipment
not necessary for the function of the substation shall be permitted
within the subject building or on the subject lot.
PUBLIC UTILITY CABINETS
A minor assembly of equipment, typically in one or more self-contained
installations no greater than five feet in width by five feet in diameter
by six feet in height, in a delivery system which is owned and operated
by a recognized public utility, for the purpose of transmission, distribution,
interconnection, transformation, conversion, switching, control or
monitoring of the utility product (typically electricity and telecommunications)
for the benefit of the public.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RADIOACTIVE USE
Any natural or artificially produced substance or combination
of substances which emits radiation spontaneously.
REACH
A hydraulic engineering term describing longitudinal segments
of a stream or river, generally including the segment of the flood
hazard area where flood heights are influenced by a man-made or natural
obstruction, or the segment of a stream or river between two consecutive
bridge crossings.
RECHARGE
The replenishment of underground water reserves.
RECHARGE BASIN
A detention basin designed not only to relocate water gradually
into a natural or man-made outlet but also to permit water to percolate
into the ground consistent with subsurface strata.
RECREATION AREA
A facility and/or open space area set aside, designed, improved,
equipped and/or used for recreation purposes, which may include but
shall not be limited to play fields, playgrounds, swimming pools,
tennis and other court games, tot-lots, parks, picnic areas, nature
preserves and boating and fishing areas and facilities.
RECREATIONAL VEHICLE ("RV")
A portable vehicular-type structure constructed on a chassis
and without permanent foundation, which can be towed, hauled, driven
or otherwise transported from place to place, whether by motor power
or other means, and is primarily designed as temporary living accommodations
for recreation, camping and travel use, and which contains cooking,
sleeping and sanitary facilities. Examples include, but are not limited
to, campers, house trailers, travel trailers, truck campers, camping
trailers and self-propelled motor homes.
RECREATIONAL VEHICLE (TRAILER COACH, RV) PARK
Any plot of ground upon which two or more recreational vehicles,
occupied for dwelling or sleeping purposes, are located, regardless
of whether or not a charge is made for such accommodations.
RECYCLING AREA
Space allocated for collection and storage of source-separated
recyclable materials.
REGIONALLY ORIENTED COMMERCIAL AND SERVICE ACTIVITIES
Uses designed to provide for the needs of the citizens of
eastern Atlantic County. Examples include: supermarkets; pharmacies
(including drive-through); convenience stores, including those with
fuel-dispensing facilities; package liquor stores; furniture stores;
"big-box" retail/appliance or home improvement stores; department
stores; "chain"/franchise craft/hobby stores, sporting goods stores,
pet stores, toy stores and bookstores; medical appliance or supply
stores; photocopy, printing or reproduction shops; mail packaging
services, general appliance repair; upholstery/furniture repair; financial
institutions; professional, administrative or consulting service offices;
and like and similar activities.
RESOURCE PROTECTION AREA
A natural area or feature containing natural resources protected
by this chapter wherein improvement and/or alteration may be restricted
or prohibited or conservation required. Resource protection areas
may include wooded areas, floodplains, natural drainage areas, watercourses,
ponds, lakes, stream corridors, riparian lands, wetlands, marshland,
wildlife habitats, archaeological sites and steep slopes.
RESTAURANT
An eating and drinking establishment, however designated, at which food is sold to the general public for consumption on the premises, normally to patrons seated within an enclosed building but also permitting alfresco dining, (subject to the applicable provisions of §
300-51) and where the consumption of food in motor vehicles on the premises is neither encouraged nor permitted. A snack bar or refreshment stand at a public or community playground, park, field or other recreation facility, which snack bar or refreshment stand is operated solely by the agency or group operating the recreation facility, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.
(1)
(a)
An eating and drinking establishment which, by the design of
the physical facility or by service or packaging procedures, encourages
and permits customers to purchase prepared, ready-to-eat food and
beverages intended for consumption:
[1]
On the premises, but outside the confines of the principal building;
[2]
In automobiles parked upon the premises; or
[3]
Off-premises, regardless of whether or not, in addition thereto,
seats or other accommodations are provided for on-site consumption.
(b)
With the exception of ice cream service, no transaction may
be made through a window to a patron on the street or sidewalk.
(2)
RESTAURANT, FAST-FOODAn eating and drinking establishment in which a limited or specialized list of quickly prepared or pre-prepared food items, utilizing mechanized, standardized preparation and packaging techniques, is offered for on- and/or off-site consumption, including operations where food may be directly ordered from and/or directly served into automobiles queued for such purpose. Such drive-in or outside ordering and service may be the sole form of food service or may be used in combination with ordering and service from a counter inside of the building.
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 not including conveyances so as
to combine existing lots by deed or other instrument.
RETAIL
The sale of goods or articles individually or in small quantities
directly to the consumer.
RETAINING WALL
A structure more than 18 inches in height, erected between
lands of different elevations to protect structures and/or to prevent
the washing or erosion of earth from the upper slope level.
RETENTION BASIN
A man-made or natural body of water of a depth of not less
than four feet which is designed to contain water at all times, the
level of which will be increased as a result of the flow into it of
surface water, collected therein and released gradually into natural
or man-made outlets.
REVERSE FRONTAGE (LOT)
A lot wherein access is not possible from one of the parallel
or nonintersecting streets upon which it fronts; where access is from
an accessory street, rather than the collectors.
REVETMENT
A facing of stone, concrete or similar material constructed
to protect a sharp embankment or shore structure against erosion by
wave action or current.
RIPARIAN LANDS
Those tidal lands of the State of New Jersey which are now
or were formerly flowed by mean high water.
RIPARIAN LICENSE
A 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
A 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.
SATELLITE DISH ANTENNA
A parabolic apparatus which is designated for the purpose
of receiving television, radio, microwave, satellite, or other similar
signals.
SCIENTIFIC RESEARCH LABORATORY
A building or group of buildings in which activities are
limited to experiment, testing and other forms of research, such as
product design and development, provided that the use shall not include
any processing or manufacturing except as may be incidental to the
research or testing process. There shall be no commercial production
of goods, materials or any other substances for sale, except as may
be produced by a small pilot facility necessary to the research activity.
SCREEN
See "landscape screen."
SEDIMENT
Solid mineral or organic material, in suspension, which is
being or has been transported from its site of origin by air, water,
ice or gravity or other natural means as a product of erosion.
SEDIMENT BASIN
A barrier or dam built at suitable locations to retain sediment.
SELF-SERVICE STORAGE FACILITY
A building or group of buildings containing separate, individual
and privately lockable storage spaces of varying sizes available for
lease or rent to the general public for varying periods of time.
SERVICE
Useful labor that does not produce a tangible commodity.
Work done or duty performed for another or others.
SERVICE ACCESS
That portion of any required yard area which is set aside
for the sole purpose of access from the right-of-way adjoining the
premises to the loading or unloading area on the premises in order
to service the building erected for the use conducted thereon.
SETBACK
The clear, unoccupied and unobstructed horizontal distance between the vertical walls of a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines, and extending from grade to sky, except for encroachments permitted by §
300-51A(1). Accessory uses may be a permitted encroachment where indicated, subject to the limitations set forth in this chapter.
SETBACK LINE
A line drawn parallel with a street or lot line establishing
the minimum horizontal distance from the street line or lot line beyond
which a building or part of a building is not permitted to extend
as specified in this chapter. In order to create an aesthetically
pleasing building facade along the front or side of a building, bay
windows or other architectural detailing may extend into the front
or side yard setback a maximum of 12 inches. All yard requirements
are measured to the setback line.
SETBACK, PERIMETER
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 lines of the property.
SHRUBS
Generally multistemmed, deciduous or evergreen plants classified
in size by (typically low) height and (typically wide) spread.
SIDEWALK
A public way for carrying pedestrian traffic. Sidewalks may
be located within a right-of-way provided for within a street or may
be located adjacent to a property line, between lots, and laid out
so that it may provide pedestrian traffic along a street or road or
within a subdivision connecting two streets.
SIGHT TRIANGLE (EASEMENT)
A triangular area abutting two intersecting streets formed
by connecting a line between the intersecting street lines and a point
on each street line a set distance from the intersection in accordance
with the requirements of this chapter. The purpose of a sight triangle
is to form an area at a corner or driveway intersection which is free
of visual obstructions, including grading, planting, fencing or other
structure, but not including street signs, fire hydrants or light
standards, in order to prevent interference with a driver's ability
to see oncoming traffic when stopped at such corner or driveway intersection.
SIGN
An object, device, display, building or structure, or portion
thereof, which is located outdoors, or which is located indoors but
is visible to the general public from outdoors, on which is affixed,
painted or otherwise represented, directly or indirectly, words, letters,
figures, designs, symbols, fixtures, colors, insignia, illumination
or projected images forming a name, identification, description, display
or illustration, or combination thereof, which is designed or intended
to advertise, announce, declare, demonstrate, display, direct, attract
attention to, identify, illuminate or otherwise visually communicate
or promote the interest of an object, person, institution, organization,
business, product, service, activity, event or location by any means.
(1)
Lighting used to highlight or outline a part of a building but
not communicate any visual message, works of art which in no way communicate
any visual message and scoreboards located on athletic fields shall
not be considered signs. Graffiti shall never be considered a sign.
(2)
Signs shall include motor vehicles and pictures, models or other
representations of products or services incorporated in a window display
when utilized for such purpose, but shall not include the flag, badge,
insignia or emblem of any nation, organization of nations, state,
City or public, quasi-public, charitable, fraternal, religious or
civic organization; official court or public office notice; or official
traffic control device.
(3)
Definitions of particular functional and structural types of
signs are:
(a)
SIGN, ADVERTISINGA sign which advertises, announces, declares, demonstrates, displays, directs or attracts attention to, identifies, illuminates or otherwise visually communicates or promotes the interest of an object, person, institution, organization, business, product, service, activity, event or location, by any means, which is sold, conducted, offered or otherwise located other than on the premises where the sign is located. Aka "off-site advertising sign," "off-site commercial advertising sign," "commercial advertising sign."
(b)
SIGN, ADVERTISING VEHICLEAny vehicle or trailer having attached thereto or painted thereon any sign, the primary purpose of which is to advertise any product or business, as opposed to a sign, the primary purpose of which is intended to identify the owner or operator of the vehicle.
(c)
SIGN, ANIMATED (MOVING)Any sign or part of a sign which changes physical position or appearance, including text message or pictorial content, by any movement or rotation, or which gives the visual impression of such movement or rotation (e.g., rotating louvered signs); this definition shall not include LCD, LED, or digital signs.
[Amended 9-3-2014 by Ord. No. 18-2014]
(d)
SIGN, AREA (OF)The area defined by the outside edge of the frame surrounding the sign or backing on which the sign is mounted (unless mounted directly on a building, in which case the sign shall not be considered to have a backing), including any decorative or architectural elements attendant to such frame. Where no frame or backing exists, sign area shall be measured by the smallest projected, enclosed, four-sided regular (right-angled, straight-edged) geometric shape necessary to encompass each and every word, letter, figure, design, symbol, fixture, color, insignia, illumination, projected image or component thereof, forming the visual communication. Where a portion of a sign has a frame or backing and a portion does not, the area of the sign shall be the area formed by the combination of all signage elements.
(e)
SIGN, AWNING (CANOPY, MARQUEE)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 or be lower than 10 feet above the sidewalk or public thoroughfare.
(f)
SIGN, BUILDING-MOUNTEDA sign which is affixed or inscribed upon the face of a building and whose face is, generally, parallel to the building facade. See "sign, wall."
(g)
SIGN, BULLETIN (READER) BOARDA sign which identifies an institution or organization on whose premises 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.
(i)
SIGN, CONSTRUCTIONA temporary sign erected on the premises on which construction is taking place during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors, artisans and the owners, financial supporters, sponsors, governmental agencies and similar entities having a role or interest with respect to the structure or project.
(j)
SIGN, CURRENT RATEA sign indicating the (then current) hourly charge for parking in a commercial surface parking lot, structured parking garage or mechanical parking facility in the CBD, NC, GC, RC, LI and BMU Zoning Districts in accordance with §
300-63D, and in the Bayside Mixed-Use and City Center Support Overlay Districts in accordance with §
300-62C. See also, "sign, tariff."
(m)
SIGN, FLASHINGAny directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
(n)
SIGN, FREESTANDINGA sign which is supported by independent uprights or braces placed upon the ground and not attached to or relying on any building for support.
(o)
SIGN, GOVERNMENTALA sign erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation.
(p)
SIGN, GROUNDAny sign, other than a pole sign, placed upon or supported by the ground independently of any other structure.
(q)
SIGN HEIGHTThe vertical distance measured between finished 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.
(t)
SIGN, IDENTIFICATIONA sign which advertises, announces, declares, demonstrates, displays, directs or attracts attention to, identifies, illuminates or otherwise visually communicates or promotes the interest of an object, person, institution, organization, business, product, service, activity, event or location, by any means, which is sold, conducted, offered or otherwise located on the premises where the sign is located. Such sign may include the name, logo, trademark or other identifying symbol, address, or any combination thereof, of the building, business, development or establishment on the premises where such sign is located.
(u)
SIGN, IDENTIFICATION, JOINTA sign which serves as common or collective identification for two or more nonresidential uses sharing an office plaza, shopping center, industrial park or similar facility, and which is located on such premises. Such sign shall be limited in content to identification of the plaza, center, park or similar facility and shall not contain any reference to the individual uses sharing such facility.
(v)
SIGN, ILLUMINATEDA sign lighted by or exposed to artificial lighting, either by lights on or in the sign or directed towards the sign.
(w)
SIGN, MEMORIAL SIGNA sign or tablet memorializing a person, event, structure or like or similar person, issue or item.
(x)
SIGN, NAMEPLATEA sign giving the name or address, or both, of the owner or occupant of a building or premises on which it is located.
(y)
SIGN, ON-SITE INFORMATIONALA 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, rest rooms, pickup and delivery areas and like and similar messages.
(z)
SIGN, PRIVATE EVENTA temporary sign advertising private not-for-profit events. Examples include picnics, carnivals, bazaars, game nights, fairs, craft shows and like and similar events.
(aa)
SIGN, PRIVATE SALEA temporary sign advertising private sale of personal property at private property. Examples include garage sales, rummage sales and like and similar events.
(bb)
SIGN, POLEA sign that is mounted on a freestanding pole or other supports so that the bottom edge of the sign face is not less than 10 feet above grade.
(cc)
SIGN, POLITICALA temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
(dd)
SIGN, PORTABLEA sign that is not permanently affixed to a building, structure or the ground.
(ee)
SIGN, PROJECTINGA sign which is wholly or partially attached to or suspended from and dependent upon a structure for support, and which extends from such structure in a manner which is other than parallel to such structure more than 12 inches from such structure, including a sign hung under an awning or canopy. Signs projecting over a City right-of-way shall require permission from the governing body in the form of a revocable license agreement which shall specify the parties to the agreement; the type of awning (canopy, marquee) or other improvement to be installed; the extent of the projection over the right-of-way; the term of the license, including any revocation terms; insurance and indemnification provisions by the licensee on behalf of the City; any specific conditions of the license; and such consideration as the City shall deem appropriate. Signs projecting over a county right-of-way may require a license from by the County Planning Board, at such Board's discretion.
(ff)
SIGN, REAL ESTATEA sign pertaining to the sale or lease of the premises or a portion of the premises on which the sign is located.
(gg)
SIGN, ROOFA 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 eaveline of a building with a gambrel, gable or hip roof or the deckline of a building with a mansard roof.
(hh)
SIGN, TARIFFA sign indicating the annual rate schedule and the name, mercantile license number and address of the operator of a commercial surface parking lot, structured parking garage or mechanical parking facility in the CBD, NC, GC, RC, LI and BMU Zoning Districts in accordance with §
300-63D, and in the Bayside Mixed-Use and City Center Support Overlays in accordance with §
300-62C. See also "sign, current rate."
(ii)
SIGN, TEMPORARYA sgn 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.
(jj)
SIGN, WALLAny sign fastened to, painted on or otherwise affixed to a 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 unless otherwise permitted, does not project more than 12 inches from such building or structure. The wall sign shall consist of business name with address only, except for franchises where logos are used.
[Amended 8-3-2015 by Ord.
No. 11-2015]
(ll)
SIGN, WINDOWA 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.
(mm)
SIGN WITH BACKINGA 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.
(nn)
SIGN WITHOUT BACKINGA 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-FAMILY DETACHED DWELLING UNIT
A freestanding structure designed for residential occupancy
by a single family or housekeeping unit situated on an individual
lot with no common party walls with other structures and having sleeping,
cooking, sanitary and general living facilities wherein not more than
one person is sheltered or fed for profit.
SINGLE-FAMILY SEMIDETACHED DWELLING UNIT (DUPLEX)
A structure designed for residential occupancy by two independent
families or housekeeping units in separate dwelling units, with an
unpierced (vertical) common party wall between the dwelling units
extending from ground floor to roof. Each such dwelling unit shall
have its own sleeping, cooking, sanitary and general living facilities
wherein not more than one person per household is sheltered or fed
for profit. Such structures shall have not more than one dwelling
unit per duplex side for a total of two dwelling units per building.
Each duplex side shall be of equal size and located on an individual
lot.
SITE
Any plot, parcel or parcels of land.
SITE PLAN
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to:
(1)
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; and
(3)
Any other information that may be reasonably required in order
to make an informed determination concerning the adequacy of the plan
pursuant to the requirements of this chapter and the provisions of
N.J.S.A. 40:55D-37 et seq.
(a)
SITE PLAN, MAJORAny development plan not classified as a minor site plan or an exempt development.
(b)
SITE PLAN, MINORA development plan for one or more lots which is (are) subject to development that proposes the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure which:
[1]
Requires site plan approval (is not an exempt development);
[2]
Meets the requirements set forth in this chapter and contains
the information needed to make an informed determination as to whether
the requirements established by this chapter for approval of a minor
site plan have been met;
[3]
Does not require the construction of on- or off-site drainage
facilities or the outfall of drainage onto an adjoining property,
whether or not such property is owned by the applicant;
[4]
Does not involve the construction of a new building and/or an
addition to an existing building in excess of 1,000 square feet of
gross floor area;
[5]
Does not involve the mining, excavation, landfill, clearing,
grading or other disturbance of land for nonagricultural purposes;
[6]
Does not increase parking requirements by more than three spaces,
nor entail or propose the construction of a total of more than five
parking spaces;
[7]
Conforms to the floodplain management standards of Chapter
139 of the Code of the City of Pleasantville;
[8]
Will not require the issuance of a CAFRA permit;
[9]
Does not involve any new street or the extension of any existing
street; and
[10]
Does not involve the extension or construction of any off-tract
improvement, the cost of which is to be prorated pursuant to N.J.S.A.
40:55D-42.
SOIL
All unconsolidated mineral and organic material of any origin
and overlying bedrock and which can be readily excavated.
SOIL CONSERVATION DISTRICT
The Cape Atlantic Soil Conservation District, a governmental
subdivision of the State of New Jersey encompassing the City of Pleasantville,
and which was organized in pursuant to N.J.S.A. 4:24-2 et seq.
SOILS, WET
Soils with a depth of seasonal high-water table less than
or equal to three feet, as delineated by the United States Soil Conservation
Service in a National Cooperative Soil Survey, unless the soils are
loamy sand or coarser, in which case they are soils with a depth to
seasonal high-water table less than or equal to five feet.
SOLAR ENERGY SYSTEM
(1)
A renewable energy system that converts solar energy into a
usable electrical energy, heats water or produces hot air or similar
function through the use of solar collectors which:
(a)
Are used to generate electricity; and
(b)
Have a nameplate capacity of 100 kilowatts or less;
(c)
Includes solar panels, a generator and associated equipment,
including any base, foundation, structural support, wire(s), batteries
or other components necessary to fully utilize the solar generator.
(2)
For the purposes of solar energy systems only, the following
definitions shall apply:
(a)
OWNERThe individual, entity and/or property owner that intends to own and operate the solar energy system in accordance with §
300-53. Should the property owner be different than the owner or entity who intends to own and operate the solar energy system, the property owner shall provide written consent to the operator to make application for and operation such solar energy system.
(b)
TOTAL HEIGHTThe vertical distance from finished grade to the highest point of the solar energy system, including all related apparatus and associated.
SOLID WASTE
Garbage, sludge, refuse, trash, rubbish, debris or other
discarded solid materials, including recyclable materials so designated
by the Atlantic County Utilities Authority.
SPECIMEN (TREE, SHRUB, PLANTING, ELEMENT)
A tree with a diameter of 18 inches and greater, regardless
of genus and species, or any individual plant whose genus or species
is considered relatively rare in the City.
STANDARD INDUSTRIAL CLASSIFICATION ("SIC")
The classification of land uses and economic activities in
accordance with the Standard Industrial Classification Manual prepared
by the United States Office of Management and Budget, dated 1972,
as updated from time to time.
STATE PLAN
The New Jersey State Development and Redevelopment Plan,
adopted March, 2001, as it may be amended from time to time.
STEEP SLOPES
Areas where the average slope exceeds 8% which, because of
this slope, are subject to high rates of stormwater runoff and erosion.
STOOP
An open platform, without roof or walls, consisting of steps
and a landing, which is located at the entrance door to a structure
and being no greater than six feet wide by six feet deep.
STORMWATER RUNOFF
The flow of water across the surface of the ground resulting
from precipitation.
STORY
That portion of a building located between the upper surface
of any floor and the upper surface of the next floor above, or, in
the absence of an upper surface of a floor above, the finished ceiling
or roof above.
(1)
A split-level story shall be considered a second story if its
floor level is six feet or more above the level of the line of the
finished floor next below it, except a cellar. A floor under a sloping
roof at the top of a building which is more than two feet below the
top plate shall be counted as a story or, if less than two feet below
the top plate, shall be counted as a "half-story, provided that not
more than 60% of the floor area is used for rooms, baths or toilets.
Otherwise, such floor shall be counted as that fraction of a story
which its floor area, in rooms, baths or toilets, bears to the entire
floor area.
(2)
A "basement" shall be counted as a story and a "cellar" shall
be counted as a half-story.
STREAM CORRIDOR
The land lying within 50 feet of the edge of any floodway,
channel, brook, stream, pond or lake, or within 25 feet of the center
of any intermittent stream.
STREAM ENCROACHMENT PERMIT
A permit required for the construction, grading, filling
or storage of material, equipment or structures within a City stream
corridor or within freshwater wetlands.
STREET
Any avenue, highway, boulevard, road, parkway, viaduct, alley,
drive or other public way or thoroughfare which has been or will be
dedicated or deeded to the public for public use and which has been
improved and accepted as a state, county or municipal roadway, or
which is shown on a plat heretofore approved pursuant to law, or which
is approved by official action as provided by this chapter and N.J.S.A.
40:55D-1 et seq., or which is shown on a plat duly filed and recorded
in the office of the Atlantic County Recording Officer prior to the
appointment of the Planning Board and a 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.
(2)
STREET, COLLECTORA street used primarily to carry traffic from a minor street to an arterial street, including the principal entrance roads of a residential subdivision or development, and roads for circulation within such subdivision or development.
(4)
STREET, IMPROVEDA public right-of-way surfaced with an all-weather pavement which meets the criteria for design and construction contained in Chapter
255 of the Pleasantville City Code.
(5)
STREET, INTERIOR (ROAD)A public right-of-way that is developed wholly within a parcel under single ownership and meeting all municipal standards. This definition shall not apply to a private right-of-way, regardless of its compliance with municipal standards.
(6)
STREET, INTERNAL SERVICE (ROAD)A right-of-way used for internal vehicular circulation within a tract or development. Internal streets may be private and not dedicated or deeded to the public, subject to approval by the City Engineer.
(7)
STREET LINEThe line which separates an existing or future publicly owned or controlled right-of-way from the private property which abuts such right-of-way, and thereby demarcating the limit of the highway rights of the public, either existing or contemplated, as depicted on the adopted Master Plan of the City of Pleasantville.
(a)
As distinct from a sidewalk line, curbline or edge-of-pavement
line.
(b)
Where a definite right-of-way has not been established, the
street line shall be assumed to be at a point 25 feet from the center
line of the existing pavement.
(8)
STREET, MARGINAL ACCESSStreets parallel and adjacent to arterial streets and which provide access to abutting properties and protection from through traffic.
(10)
STREET, UNIMPROVEDA right-of-way that is not an improved street. An unimproved street may be constructed of loose gravel, loose stone or, generally, any type of material that is not solidified and will not repel water or maintain a stable cross section. In the event that the Construction Code Official or other City official has any question as to whether a road is improved, unimproved or potential drainage problems exist with regard to the issuance of a development permit, building permit or certificate of occupancy, such official shall contact the City Engineer for evaluation and written determination.
STRIPPING
An activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
STRUCTURE
An assembly or combination of materials forming a construction
for occupancy, use or ornamentation, whether installed on, above or
below the surface of a parcel of land, including, but not limited
to, bins, buildings, fences, piers, platforms, sheds, shelters, signs,
stagings, standards, swimming pools, tanks, tents, tennis courts,
towers, trestles and wharves.
SUBDIVIDER
A person or legal entity commencing proceedings under this
chapter to effect the subdivision of land hereunder.
SUBDIVISION
(1)
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 a subdivision within the meaning
of this chapter if no new streets are created:
(a)
Division of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
(b)
Division of property by testamentary or intestate provisions;
(c)
Divisions of property upon court order, including, but not limited
to, judgments of foreclosure;
(d)
Consolidation of existing lots by deed or other recorded instrument;
and
(e)
The conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons, all of which are found
and certified by the Zoning Officer to conform to the requirements
of this chapter and are shown and designated as separate lots, tracts
or parcels on the Official Tax Map of the City.
(2)
The term "subdivision" shall also include the term "resubdivision."
(b)
SUBDIVISION, MINORA subdivision of land for the creation of not more than two lots, plus the remainder of the original lot, with each lot fronting on an existing improved street or streets, and provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42, and provided that the Planning Board or Zoning Board of Adjustment, as the case may be, finds that all the following conditions have been met:
[1]
Curbs and sidewalks have been installed or that the developer
agrees to install and post performance guaranties for curbs and sidewalks;
[2]
The subdivision does not require the extension of municipal
facilities at the expense of the City;
[3]
The subdivision and construction resulting therefrom will not
adversely affect drainage patterns of the basin or other stormwater
management structure in which the lots are situated;
[4]
The subdivision will not adversely affect the development of
the remainder of the parcel or the adjoining property;
[5]
The subdivision is not in conflict with any provision or portion
of the Master Plan, Official Map or this chapter, or that appropriate
variances have been obtained or must be obtained as a condition of
approval;
[6]
In the event that a drainage fund has been established by the
City of Pleasantville or Atlantic County, an assessment has been charged
to the lots and has been paid;
[7]
No portion of the lands involved has constituted a part of a
minor subdivision within three years preceding the application; and
[8]
Not being deficient in those details and specifications required
of minor subdivisions as specified in this chapter.
(c)
The original (or parent) lot shall be considered any lot in
existence at the time of the adoption of this chapter as shown on
the City Tax Maps.
(d)
Any readjustment of lot lines resulting in no new lots shall
be classified as a minor subdivision for purposes of the land use
approval process.
SUBSTANTIAL IMPROVEMENT
A repair, reconstruction or improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure
either before the improvement or repair is started or, if the structure
has been damaged and is being restored, before the damage occurred.
For the purposes of this definition, substantial improvement is considered
to occur when the first alteration of any wall, ceiling, floor or
other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure. The term
does not, however, include either:
(1)
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
(2)
Any alteration of a structure listed on the National Register
of Historic Places or the State Inventory of Historic Places.
SWIMMING POOL, COMMERCIAL
A swimming pool that is operating for profit and open to
the public or to a limited number of members and their guests upon
payment of an hourly, daily, weekly, monthly, annual or other fee,
or operated as a service rendered by a hotel, motel or apartment development
whose units are rented to transient or permanent residents, and having
appropriate dressing room facilities, recreational facilities and
off-street parking areas.
SWIMMING POOL, PRIVATE (RESIDENTIAL)
A swimming pool, whether portable or fixed, located on a
lot whose principal use is one or more dwelling units, and including
all buildings, structures and equipment appurtenant thereto, where
such swimming pool is used as an accessory to the dwelling(s) and
is utilized with no admission charges and not for the purpose of profit.
TATTOO PARLOR
A place or establishment where tattooing is performed.
TATTOO (TATTOOING)
Any method of placing designs, letters, scrolls, figures,
symbols or any other marks upon or under the skin by means of application
of any chemical, dye or any other substance that results in the temporary
or permanent coloring of the skin, without regard to the type of instrument
that is used for such application.
TAVERN
A licensed establishment under the jurisdiction of N.J.S.A.
33:1-1 et seq., wherein alcoholic beverages are served by the drink
to the general public and where cooked-to-order food is prepared and
served on the premises.
TEMPORARY PRODUCE SALES STRUCTURES
A portable or semiportable table, platform or structure from
which fruits, vegetables or similar agricultural products are intended
to be sold at retail to passing motorists or pedestrians.
TERRACE
A level, open area, without roof or walls, projecting from
the exterior wall of a principal building, with direct access from
that principal building, and which has been surfaced with brick, stone
or other landscaping material and which is elevated no greater than
three feet above finished grade.
THREE SEASON PATIO ROOM
A roofed structure projecting from the exterior wall of a
principal residential building and intended to be used exclusively
as seasonal space accessory to the residential use, with direct access
from the residential building, and consisting of a finished floor,
roof and three windowed or screened walls. Such room shall be limited
to a single story, shall be located within the side or rear yard of
the primary residential structure and shall not be heated or air conditioned.
Aka "screened porch," "Florida room," etc.
THREE- TO FOUR-FAMILY ATTACHED DWELLING UNIT ("TRI" OR "QUAD")
A structure designed for occupancy by three to four independent
families or housekeeping units in separate dwelling units, situated
on a single lot with an unpierced (vertical) common party wall between
the dwelling units extending from ground floor to roof and an unpierced
floor between the dwelling units extending from exterior wall to exterior
wall, and with one or both sides of the structure constructed in a
horizontal configuration (i.e., one dwelling unit above the other)
so as to contain not more than two dwelling units per building side
for a maximum of four units per building.
(1)
Side-by-side triplex or four-plex units are prohibited in this
structural type. Such structural types are addressed under the definitions
of "townhouse" and "garden apartment."
(2)
Each dwelling unit shall have its own sleeping, cooking, sanitary
and general living facilities wherein not more than one person per
household is sheltered or fed for profit.
(3)
Nothing herein shall preclude a single dwelling unit within
such structure from occupying more than one floor.
THROUGH BLOCK CONNECTOR
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. A through block
connector may be elevated, even with or recessed below the sidewalk,
arcade or urban open space to which it connects. However, if elevated
or recessed, the through block connector shall transition to the sidewalk,
arcade or urban open space to which it connects in accordance with
the Americans with Disabilities Act. If open, the through block connector
shall have a minimum width equal to not less than the greater than
20% of the height of the highest abutting wall within 30 feet of its
center line or 30 feet. If covered or enclosed, the through block
connector shall have a minimum width of 15 feet. Columns, lighting
standards, vertical circulation elements, plantings, ornamental fountains,
sculptures, displays, kiosks or open-air 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 connector 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 connector.
TIDELANDS
Lands which are washed by tidal flows in accordance with
the New Jersey Department of Environmental Protection Tideland Council
maps (on file with the New Jersey Department of Environmental Protection
and the City Clerk).
TOP OF CURB
The median elevation (grade) of the uppermost horizontal
surface of a permanently established curb structure abutting the frontage
of a lot. Where the height of such curb varies, t.o.c. shall be the
average of the two points at either end of the length of the curb
(parallel with the side parcel lines) and the point at the median
of the curb.
TOWNHOUSE (TOWNHOUSE BUILDING)
A structure designed for occupancy by not less than three
and not more than eight independent families or housekeeping units
on individual lots with common (vertical) party walls between dwelling
units. Townhouse dwelling units shall be side by side (not stacked),
with each unit sitting on an individual lot.
(1)
Individual townhouse buildings shall contain not less than three
and not more than eight dwelling units. Each such dwelling unit shall
have its own sleeping, cooking, sanitary and general living facilities
wherein not more than one person per household is sheltered or fed
for profit. Each such unit shall be a minimum of 24 feet wide.
(2)
Exterior (end) townhouse units shall have a minimum twelve-foot
side yard setback, which shall be used as a driveway. In the alternative,
exterior townhouse units may be 24 feet wide, provided that an additional
twelve-foot side yard setback (under some form of common ownership)
is maintained.
(3)
Garages and off-street parking for townhouses shall be accessed
from the rear of the building, which shall be accessible from a loop
road employing end-unit driveways.
TRACT
An area of land consisting of one or more contiguous lots
under single ownership or control, used for development or for a common
purpose. "Tract" is interchangeable with the words "development area,"
"site" and "property."
(1)
TRACT AREA, GROSSThe total area of land, determined by a certified boundary survey, excluding any public rights-of-way and/or lands shown as part of another previously approved or designated permanent open space.
(2)
TRACT AREA, NETThe gross tract area less the total of any areas within the tract contained in:
(a)
Riparian lands, tidelands and tidal wetlands;
(b)
Wetlands and areas with shallow depth to water table;
(c)
The one-hundred-year floodplain;
(e)
Stream corridors and floodways.
TRAFFIC (IMPACT) STUDY
An analysis of the (typically negative) influences on existing
vehicular and pedestrian circulation patterns anticipated by and resulting
from new development. Such studies shall be conducted in accordance
with the guidelines established in Transportation Impact Analyses
for Site Development: An ITE Proposed Recommended Practice, Institute
of Transportation Engineers, Washington, D.C., 1996.
TRAILER
A wheeled structure which is towed or hauled by another vehicle
and used for short-term human occupancy, carrying materials, goods
or objects, or as a temporary office.
TRANSCRIPT
A typed or printed verbatim record, or reproduction thereof,
of the proceedings of a municipal agency.
TRANSFER OF OWNERSHIP PERMIT
A permit issued by the Code Enforcement Officer or designee for the exclusive and sole purpose of changing ownership of a dwelling unit or property. The transfer of ownership permit does not grant the right of occupancy and does not allow occupancy of the dwelling unit or property. Upon inspection by the Code Enforcement Officer or designee, the unit and/or property is found to have City of Pleasantville Property Maintenance Code violations, the new proposed owner of the property is responsible for abating outstanding code violations. All outstanding violations must be corrected by the due date on the permit. Failure to correct identified and outstanding property maintenance violations by the due date will result in the issuance of a court summons. Penalties include fines, community service or imprisonment as defined in §
300-8, Enforcement; violations and penalties, of Chapter
300, Land Management.
[Added 10-17-2016 by Ord.
No. 18-2016]
TRANSITIONAL CARE HOME
A facility in which persons live for a short period of time
while receiving physical, social and/or psychological therapy and
counseling to assist them in overcoming physical, family living and/or
emotional issues which, while not requiring segregation from society,
impede personal independence to the point of requiring shelter away
from their usual residences. Such use may include on-site professional
therapy and counseling in order to support a gradual reintroduction
to full participation in normal community life, aka "halfway house."
TREE
Any woody perennial.
(2)
TREE, DECIDUOUSTrees that drop their leaves before becoming dormant in winter; not coniferous.
TREE CALIPER
The diameter of a tree trunk measured in inches. Pursuant
to the 2004 edition of the American Standard for Nursery Stock, published
by the American Nursery and Landscape Association (Note: http://agri.nv.gov/Brochures/ANLAStandard2004.pdf.),
measurement shall be taken six inches above the ground up to and including
four inches caliper size. If the caliper at six inches above the ground
exceeds four inches, the caliper should be measured at 12 inches above
the ground. Seldom are tree trunks perfectly round. The most accurate
measurement will result from the use of a diameter tape. Caliper measurements
taken with manual or electronic "slot" or "pincer" type caliper tools
should be the average of the smallest and largest measurements.
TREE DIAMETER
The width of a tree measured 4 1/2 feet above grade.
TREE DRIPLINE
The marking where the outer edge of a tree's branches overhang
the ground.
TREE REMOVAL
The elimination of a tree, by either chemical or mechanical
means, the transplanting of a tree to a site other than that under
development, or the infliction of damage to a tree that is of such
severity as to show evidence within a period of two years of irreparable
harm leading to the ultimate death of the tree. Examples of serious
damage include, but are not limited to: damage inflicted to the root
system by machinery, storage of materials or soil compaction; changing
the natural grade above, below or around the root system and around
the trunk; damage inflicted on the tree permitting fungus infection
or pest infestation; intentional herbicide application; excessive
pruning; excessive thinning; paving with concrete, asphalt or other
impervious material within such proximity as to be harmful to the
tree.
TREE ROOT AREA
The area under a tree extending from the trunk to the tree
drip line.
TWO-FAMILY STACKED (MULTISTORY) DWELLING UNIT
A structure designed for residential occupancy by two independent
families or housekeeping units situated on a single lot placed in
a horizontal configuration (i.e., one dwelling unit above the other).
Each such dwelling unit shall have its own sleeping, cooking, sanitary
and general living facilities wherein not more than one person per
household is sheltered or fed for profit. Nothing herein shall preclude
a single dwelling unit within such structure from occupying more than
one floor. However, no dwelling unit shall occupy less than an entire
floor (defined as the area of the total footprint of the building).
TYPICAL RESIDENTIAL AMENITIES
(1)
FOR MULTIFAMILY USESThose uses detailed under typical residential amenities for single-family uses, plus cabanas, clubhouses, rest rooms, changing rooms and refreshment areas.
(2)
FOR SINGLE-FAMILY USESSuch accessory structures and uses which are normal and customary to a residential use, including, but not limited to, private automobile garages for the exclusive use of the residents or guests of the residents, greenhouses, garden houses, tool sheds, playhouses or play sets, fences and walls, satellite dish antennas, solar energy systems, electric vehicle supply equipment, tennis, basketball or similar court games and residential swimming pools, provided:
[Amended 3-19-2018 by Ord. No. 2-2018]
(a)
Such uses are incidental to the residential use of the premises
and are not operated for gain;
(b)
Such uses shall be located in the side or rear yard, and then,
except for fences and walls, shall conform to the setbacks required
for accessory structures. In the case of a corner lot, the regulations
regarding front and side yards shall apply;
(c)
Any machinery used in connection with such use shall be housed
in a soundproofed structure; and
(d)
Any safety or other lighting to illuminate any such use shall
be designed and located so that it does not project any light or glare
on contiguous properties. All bare incandescent light sources shall
be shielded from view.
UNIT
See "dwelling unit."
USE
The specific activity or purpose for which a lot, building
or portion thereof is designed, arranged, intended, occupied or maintained.
Unless specifically permitted by this chapter, no use expressly permitted
or permissible in any zoning district pursuant to this chapter shall
be permitted as a use in any other zoning district.
USE, TEMPORARY
A use which is established for a fixed period of time with
the intent to discontinue such use upon the expiration of such time.
Temporary uses do not involve the construction or alteration of any
permanent building or structure. Unless specifically permitted by
this chapter, no use expressly permitted or permissible as a temporary
use in any zoning district pursuant to this chapter shall be permitted
as a temporary use in any other zoning district.
UTILITY
An essential service supporting a development, including,
but not limited to, storm and sanitary sewer, potable water, electric,
gas, telephone and cable television, and which is regulated by the
State of New Jersey or the federal government.
UTILITY SHED
An accessory building used for the storage of a lot owner's
or occupant's personal property, excluding motor vehicles, and having
a maximum area of 144 square feet.
VARIANCE
Permission granted to an applicant for development by the
Planning Board or the Zoning Board of Adjustment, as the case may
be, to depart from the literal requirements of the zoning regulations
of this chapter.
(1)
VARIANCE, BULKA variance granted by the Planning Board or the Zoning Board of Adjustment, as the case may be, to depart from the literal requirements of the zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-70c.
(2)
VARIANCE, USEA variance granted by the Zoning Board of Adjustment to depart from the literal requirements of the zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-70d.
VEHICULAR STORAGE YARD
A private parking area intended for the storage or staging
of vehicles such as buses, vans, or trucks.
[Added 8-7-2023 by Ord. No. 14-2023]
VERTICAL DEVELOPMENT
Development that exceeds three stories or 40 feet in height,
measured from finished grade.
VERTICAL PARKING GARAGE
A multilevel structure constructed for use as a facility
for the parking of motor vehicles whose levels may be above or below
grade, or both, but in no case exceed the maximum height limitation
for the district in which it is located.
VIBRATION
For the purposes of this chapter, any rapid, periodic motion
or oscillation of material, air (typically sound) or fluid from a
position of rest or equilibrium, of whatever type or source, emanating
from a lot, building, structure or use, whether principal or accessory,
which impacts the quiet enjoyment and/or the routine activities of
neighboring or nearby lots, buildings, structures or uses.
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 building.
WALL
An upright (vertical) structural member, typically made of
wood, stone, brick or similar material, and serving to enclose, divide,
support or protect, and forming a side or inner partition of a building.
A wall may serve as a fence when used for such purpose. See "fence."
WALL, EXTERIOR WALL
Any wall which defines the exterior boundaries of a building
or its courts or of a structure.
WAREHOUSE
A structure designed or utilized primarily for the storage
of goods and materials. The term shall include "self-storage," "mini-storage"
or other forms of commercial warehouse activities.
WAREHOUSE, CONTRACTORS
A building used primarily for the storage of goods and materials
customarily required in the building trade by a construction contractor.
WATERCRAFT
A motor boat, sailboat, raft or other vessel used for waterborne
transportation, recreation or commercial purposes.
WATERCRAFT FUELING AND SERVICE (STATION)
A building, land area or other premises, or portion thereof,
used or intended to be used for the activities defined under "watercraft
fueling station" and "watercraft service station."
WATERCRAFT FUELING (STATION)
A building, land area or other premises, or portion thereof,
used or intended to be used for the retail dispensing or sale of gasoline
or marine fuels, but which does not include the dispensing and/or
sale of lubricants (other than motor oil sold and dispensed by the
quart), watercraft accessories or supplies, the parking or storing
of watercraft for hire and which does not engage in the repair or
towing of watercraft.
WATERCRAFT RENTAL (AGENCY)
A place of business, whether conducted in a building or open
yard area, or any combination thereof, which is used or intended to
be used for the display, sale and/or hourly, daily or weekly rental
of new and/or used watercraft, in operable condition, where no watercraft
repair is conducted on the premises (other than warranty and other
repair service as an accessory use) is conducted on the premises.
WATERCRAFT REPAIR
The general repair, rebuilding or reconditioning of watercraft,
their engines, sails, trailers or related appurtenances.
WATERCRAFT SALES (AGENCY)
A place of business, whether conducted in a building or open
yard area, or any combination thereof, which is used or intended to
be used for the display, sale and/or annualized lease (as opposed
to daily or weekly rental) of new and/or used watercraft, in operable
condition, where no watercraft repair is conducted on the premises
(other than warranty and other repair service as an accessory use).
WATERCRAFT SERVICE (STATION)
A building containing service bays, with or without hydraulic
lifts, and associated land area or other premises, or portion thereof,
used or intended to be used for the repair of watercraft, including,
but not limited to, facilities for changing oil, engine repair, lubrication,
transmission repair and like and similar services, provided that watercraft
body repair, painting, wrecking, recycling, docking or storing of
watercraft for hire shall not be deemed permissible accessory uses
of an watercraft service station.
WATER DEPENDENT
Development that cannot physically function without direct
access to the body of water along which it is proposed. Uses or portions
of uses that can function on sites not adjacent to the water are not
considered water dependent, regardless of the economic advantages
that may be gained from a waterfront location. The test for water
dependency shall assess both the need of the proposed use for access
to the water and the capacity of the proposed water body to satisfy
the requirements and absorb the impacts of the proposed use. A proposed
use will not be considered water dependent if either the use can function
away from the water or if the water body proposed is unsuitable for
the use.
WATER ORIENTED
Development that serves the general public and derives economic
benefit from direct access to the water body along which it is proposed,
such as a hotel or restaurant, if it takes full advantage of a waterfront
location (e.g., an assembly plant could be water oriented if overland
transportation is possible but waterborne receipt of raw materials
and shipment of finished products is economically advantageous).
WETLANDS PERMIT
A legal instrument issued pursuant to N.J.S.A. 13:9A-1 et
seq., and N.J.A.C. 7:7A-1.1 et seq., permitting the applicant to engage
in an activity specified therein.
WETLANDS, TIDAL
Areas known as marshes, swamps or other lowlands subject
to tidal action, or any area now or formerly connected to tidal waters,
whose surface is at or below an elevation of one foot above local
extreme high water and on which vegetation unique to tidal marshes,
swamps or lowlands has become adapted, including, but not limited
to, all mapped New Jersey State Wetlands in accordance with the Wetlands
Act (N.J.S.A. 13:9A-1 et seq.), wetlands defined in accordance with
the New Jersey Coastal Development Policies (N.J.A.C. 7:7D-1.0 et
seq.) or wetlands defined by the United States Army Corps of Engineers.
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.
WOODED AREA
An area within a tract which is covered by trees, woods or
forests, including closely grouped or stands of 10 or more mature
or specimen trees of six inches caliper or greater, or individual
shade and specimen trees of 12 inches caliper or greater, or individual
ornamental trees of four inches caliper or greater.
YARD
The clear, unoccupied and unobstructed open space situated
between a building or group of buildings and the nearest front, side
or rear lot line, extending from grade to sky for the full width or
depth of the lot. Yards shall be identified as front yard, side yard
or rear yard. See "setback" for permitted encroachments.
|
|
|
YARD, FRONT — A yard on the same lot with the principal
building, extending the full width of the lot between the street line
and that portion of the building closest to the street line, or the
front setback line, projected to the side lot lines of the subject
lot. The depth of the front yard shall be measured horizontally and
at right angles to either a straight street line or the tangent lines
of curved street lines. The minimum required front yard shall be the
same as the required front yard setback. See "lot, corner" for designation
of front yards for corner lots.
|
|
YARD LINE — A line drawn parallel to the front, side or
rear lot lines and extending the distance equal to the depth of the
required front, side or rear yard, as the case may be.
|
|
YARD, REAR — A yard on the same lot with the principal
building, extending the full width of the lot between the rear lot
line and that portion of the building closest to the rear lot line,
or the rear setback line, projected to the side lot lines of the subject
lot. The depth of the rear yard shall be measured horizontally and
at right angles to the rear of the lot in the same manner as specified
herein for the measurement of lot depth. Any buffer requirements shall
be in addition to required rear yards. See "lot, corner" for designation
of rear yards for corner lots.
|
|
YARD REQUIREMENTS — The regulations of this chapter establishing
minimum front, side and rear yard and setback requirements for various
uses, structures and districts.
|
|
YARD, SIDE — A yard or yards on the same lot with the
principal building, extending the full depth of the lot between the
side lot lines and those portions of the building closest to the side
lot lines, or the side setback line(s) projected to the front and
rear lot lines of the subject lot. The widths of the side yards shall
be measured horizontally and at right angles to the side lot line.
Any buffer requirements shall be in addition to required side yards.
See "lot, corner" for designation of side yards for corner lots.
|
ZONING DISTRICT BOUNDARY LINE
The lines enclosing a zoning district as shown on the adopted
Zoning Map of the City of Pleasantville (included at the end of this
chapter).
ZONING DISTRICT (ZONE)
A section or sections of the City of Pleasantville which
are designated as a "zone" or "zoning district" on the adopted Zoning
Map of the City of Pleasantville (included at the end of this chapter)
and to which certain uniform regulations and requirements of this
chapter apply.
ZONING OFFICER
The official of the City of Pleasantville designated to enforce
the provisions of this chapter. See "Administrative Officer."
ZONE OF LIGHT OBSTRUCTION
A segment of a cone described horizontally by an arc drawn
from the center line of a window, measured horizontally, extending
to 70° from such center line on either side, at a radius of 40
feet, and described vertically by the space between a plane extending
horizontally from the window sill and a plane extending from the top
of the window at an angle of 160° to the face of the building
at a distance of 40 feet, measured perpendicularly from the face of
the building. The intent of this definition is to support regulations
designed to limit the amount of light, typically but not exclusively
from signage, entering a dwelling and disturbing its occupants.