City of Somers Point, NJ Article III Definitions

§ 114-8 Word usage.

A. Words and phrases shall be presumed to have their ordinary meanings unless specifically defined or interpreted differently in the section following. Disputes concerning definition or interpretation of a word shall be resolved by the Board of Adjustment or the Planning Board.

B. For the purpose of this chapter, certain words and terms are defined as follows: Words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "person" includes an individual, corporation, partnership; the word "building" shall include the words "dwelling," "residence" or "structure"; the term "used" shall include the words "arranged, designed or intended to be used"; the term "occupied" shall include the words "arranged, designed or intended to be occupied"; the word "lot" includes the word "plot"; the word "zone" includes the word "district"; the word "premises" includes "vacant land"; the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.

C. This chapter, being necessary for the welfare of Somers Point and its inhabitants, shall be construed liberally to effect the purposes of this chapter.

§ 114-9 Terms defined.

A. All words defined in the Municipal Land Use Law, Chapter 291, Laws of New Jersey,[1] if not contained in this section, are incorporated herein and declared to be a part of this chapter. The following words and phrases shall have the meanings given in this section, as follows.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

B. For the purposes of this chapter, unless the context clearly indicates a different meaning, the following words and phrases are defined as follows:

ACCESSORY BUILDING/STRUCTURE

A building or structure, the use of which is customarily incidental and subordinate to that of the principal building located on the same lot. When an accessory building is attached in a substantial manner by a wall or roof to a principal building or structure, it shall be considered a part thereof. Any and all patios, and decks raised above grade more than eight inches, shall also be included as building coverage.

[Amended 9-13-2012 by Ord. No. 16-2012]

ACCESSORY RESIDENTIAL USE

A use customarily carried on within a dwelling by the inhabitants thereof, which use is incidental and subordinate to the residential. Accessory residential uses shall not be interpreted to include the following: barber- and beauty shops, barber and beauty schools, tearooms, convalescent homes, kennels, repair of vehicles, craft shops, antique shops. Residential accessory uses will be limited to those specified for the zoning districts in this chapter, subject to the standards therein.

ACCESSORY USE

A use customarily incidental and subordinate to the main use conducted on a lot, whether such accessory use is conducted in the main or accessory building.

ADJUSTED GROSS ACREAGE

The total number of developable acres in a tract or parcel proposed for development shall be calculated excluding existing lakes, streams, submerged lands, floodplains or wetlands and wetland buffers as certified by the New Jersey Department of Environmental Protection and Energy (NJDEPE), Office of Freshwater Wetlands.

[Amended 7-9-1992 by Ord. No. 20-1992]

ADMINISTRATIVE OFFICER

The Secretary of the Somers Point Planning Board for Planning Board matters and the Secretary of the Somers Point Zoning Board of Adjustment for Zoning Board of Adjustment matters.

[Amended 8-24-2000 by Ord. No. 12-2000]

ALLEY

A minor way, which may or may not be legally dedicated and which affords only a secondary means of access to abutting property.

APARTMENT, GARDEN

See "dwelling, multiple."

APPLICANT

A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for approval of a subdivision, site plan, plan development, conditional use, zoning variance or direction of the issuance of a permit issued pursuant to Section 25 or 26 of the Act (N.J.S.A. 40:55D-34 and 40:55D-36 respectively).

APPROVING AUTHORITY

The Planning Board of Somers Point, unless a different agency is designated by this chapter, when acting pursuant to the authority of the Municipal Land Use Law, P.L. 1975, c. 291 (1976); N.J.S.A. 40:55D-1 et seq.

ARCADE

Any building, structure or premises which has for its primary purpose or function the offering of coin- and non-coin-operated amusement machines or devices.

[Added 2-10-1983 by Ord. No. 1-1983; amended 4-11-1985 by Ord. No. 8-1985]

ATHLETIC DEVELOPMENT AND TRAINING FACILITY

A facility providing organized instruction, education and training in the development and enhancement of athletic skills and disciplines, including but not limited to gymnastics, swimming and other athletic disciplines.

[Added 10-14-1993 by Ord. No. 22-1993]

ATTIC

That part of a building which is immediately below and wholly or partly within the roof framing and not generally used as living space.

AUTOMOTIVE GARAGE

Any premises used for the repair or servicing of vehicles, but not including automotive wrecking.

AUTOMOTIVE SALES BUILDING

A building used for the sale of, hire of or remuneration from automotive and other vehicles and equipment. This shall be interpreted to include auto accessory sales rooms, but not the sale of junked vehicles and equipment.

AVERAGE NET RESIDENTIAL DENSITY

The number of dwelling units per acre computed by dividing the number of dwelling units which the applicant proposes to build by the number of acres in the development, excluding acreage devoted to public streets. See "density."

BANK

An institution, usually a corporation, chartered by a state or federal government, offering certain financial services such as the safekeeping of money; conversion of domestic currency into and from foreign currencies; lending of money at interest; accepting of bills of exchange; receiving demand deposits and time deposits; honoring instruments drawn on such deposits and payment of interest on same; discounting notes; making loans; investing in securities; collecting checks, drafts and notes; certifying depositors' checks; and issuing drafts and cashier's checks.

[Added 12-9-2010 by Ord. No. 15-2010]

BASE FLOOD

A flood having a one-percent chance of being equaled or exceeded in any given year.

[Added 5-23-2013 by Ord. No. 8-2013]

BASE FLOOD DEPTH (BFD)

The depth shown on the Flood Insurance Rate Map for Zone AO that indicates the depth of water above highest adjacent grade resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year.

[Added 5-23-2013 by Ord. No. 8-2013]

BASE FLOOD ELEVATION (BFE)

See the definition in Chapter 146.

[Added 5-23-2013 by Ord. No. 8-2013; amended 11-20-2014 by Ord. No. 30-2014]

BASEMENT

A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for businesses or dwelling purposes. See "cellar."

BILLBOARD

A sign or structure or portion thereof which directs attention to a product, business, service or entertainment conducted, sold or offered elsewhere than upon the lot on which such sign is situated and designed in conjunction with the sign standards of this chapter.

BOARD OF ADJUSTMENT

The Board of the City of Somers Point established pursuant to Section 56 of the Municipal Land Use Law, N.J.S.A. 40:55D-69, and sometimes referred to as the "Zoning Board of Adjustment."

BUILDING

Any structure or portion thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls and intended for shelter, business, housing or enclosing of persons, animals or property.[2]

BUILDING AREA

The total areas of outside dimensions on a horizontal plane and ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having vertical faces, which are less than three feet above the level of the ground at all points.

[Added 9-13-2012 by Ord. No. 16-2012]

BUILDING COVERAGE

The area of a tract covered by buildings and roofed areas, measured at the building line. Building coverage is expressed as a percentage of the total tract area. All principal and accessory buildings/structures shall be included within the building coverage.

[Added 9-13-2012 by Ord. No. 16-2012]

BUILDING HEIGHT

[Added 10-11-2007 by Ord. No. 20-2007; amended 5-23-2013 by Ord. No. 8-2013]

(1) For the purpose of AH1, AH2, AH3, and SHOS Zones only, the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof, to the deckline of the mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof. Exempt from this definition shall be chimneys, steeples, elevator sheds and mechanical equipment, except that additional height for such facilities shall not exceed 10 feet from the ridgeline, except decorative steeples, which shall not exceed twice the ridge height to the highest measured point of the steeple.

(2) Notwithstanding the foregoing definition, any structure within the A, AE, or AO Zone on the City's FIRM which mandates an increase in elevation in excess of that set forth for such zone within this Chapter 114 shall have its height measured from the base flood elevation plus the freeboard height applied to the specific zone as set forth in § 146-5.2A and § 146-5.2B, as same may be from time to time amended.

[Amended 11-20-2014 by Ord. No. 30-2014]

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot, to which all other buildings on the lot are accessory.

BUILDING SETBACK LINE

An established line within a property defining the minimum required distance between the face of any structure to be erected and an adjacent right-of-way or street line.

BULK

The term used to describe size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines, and includes the size, height and floor area of a building or other structure; the relation of the number of dwelling units in a residential building to the area of the lot (usually called "density"); and all open areas in yard space relating to buildings and other structures.

BUSINESS SERVICES

Establishments primarily engaged in rendering services to business establishments on a fee or contract basis such as advertising and mailing services, building maintenance, employment services, management and consulting services and photo finishing shops.

[Added 12-9-2010 by Ord. No. 15-2010]

CANOPY

To be considered as a principal building, 18 feet from finished grade to top of facade.

[Added 7-9-1992 by Ord. No. 20-1992]

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CELLAR

A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories, nor shall it be considered in the calculation of habitable area as called for in various residential districts. A cellar shall not be used for businesses or dwelling purposes. See "basement."

CERTIFICATE OF COMPLETE APPLICATION

An application for development shall be complete for purposes of connecting the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. The authorized person in the City of Somers Point for Planning Board matters is the Planning Board Secretary and for Zoning Board of Adjustment matters is the Zoning Board of Adjustment Secretary.

[Added 8-24-2000 by Ord. No. 12-2000]

CERTIFICATE OF OCCUPANCY

A statement signed by the Zoning Officer, setting forth either that a building or structure or swimming pool does or does not comply with this chapter or that a building, structure or parcel of land may lawfully be used for specified uses, or both.

CHURCH

A building used for public worship by a congregation, excluding buildings used exclusively for residential, educational, burial, recreational or other uses not normally associated with worship.

CLINIC

An establishment where patients are admitted for examination and treatment on an outpatient basis by physicians, dentists, other medical personnel, psychologists or social workers and where such examination and treatment generally require a stay of less than 24 hours.

[Added 12-9-2010 by Ord. No. 15-2010]

CLUB, MEMBERSHIP

An organization catering exclusively to members and their guests, including premises and buildings for social, recreational or other athletic purposes, provided that there are not conducted any vending stands, merchandising or commercial activities, except as required generally for the membership and purpose of such club and within the property boundaries of such facilities.

CLUSTER DEVELOPMENT

The development based on an overall density for the entire tract allowing reduced lot sizes so that higher densities result in individual segments of the tract, provided that the gross density of the entire tract permitted by this chapter is not exceeded and the open space preservation is an integral part of the design.

[Added 7-26-1990 by Ord. No. 10-1990]

COASTAL HIGH-HAZARD AREAS

See the definition in Chapter 146.

[Added 5-23-2013 by Ord. No. 8-2013; amended 11-20-2014 by Ord. No. 30-2014]

COIN-OPERATED AND NON-COIN-OPERATED AMUSEMENT MACHINES OR DEVICES

Any machine, whether operated mechanically, electrically or by other means, and regardless of whether or not it registers, scores or tallies, which, upon insertion of a coin, slug, token, plate, disc, key or turning of a switch, may be operated by the general public as a game or for entertainment or amusement purposes. These devices shall include but shall not be limited to pinball machines, mechanical grab machines, air hockey, rifle or pistol target shooting not requiring use of slugs or bullets but using only electronic transmissions to register or score, pool, billiards, marble machines, simulated motor vehicle operations, aptitude testings, strength testings, compute and/or electronic games. This list is intended to be illustrative only and the term "coin-operated and non-coin-operated amusement machine or device" shall include all games, machines or devices of a similar nature, regardless of what name may be given to them. This definition specifically excludes non-amusement machines which are in the nature of vending machines in supplying such items as food, beverage, cigarettes, novelties or other such items for sale, and such machines are not intended to be included within this definition.

[Added 2-10-1983 by Ord. No. 1-1983; amended 4-11-1985 by Ord. No. 8-1985]

COMMON OPEN SPACE

An open space area within or related to a site designated as a development, and designated and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development, not including parking lots, streets, drives or other vehicular buildings or structures.

COMMON PROPERTY

The land or water or a combination of land and water, together with improvements, designed and intended for ownership, use and responsibility by the tenants and owners in the development. Such common open space may be deeded to the city or other governmental agency or dedicated to a homeowner's association or trust, which incorporation and bylaws shall be approved by the Planning Board. If common recreation and open space areas are not dedicated and accepted by the city or another governmental agency, the landowner shall provide for and establish an organization for the ownership and maintenance of any common recreation areas and open space, and such organization shall not be dissolved nor shall it dispose of any of the same by sale or otherwise (except to an organization conceived and established to own and maintain the common recreation areas and development of open space) without first offering to dedicate the same to the city or any other government agency. If the applicant proposes that the open space shall be dedicated to the city, then the Planning Board shall forward each request with its recommendation, prior to granting of preliminary plan approval of a development application containing open space, to the City Council. If the City Council does not approve such dedication, the applicant may submit a cluster or planned development plan providing only for ownership of common land as outlined herein.

[Added 7-26-1990 by Ord. No. 10-1990]

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED

Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include but not be limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act (P.L. 1971, c. 136, N.J.S.A. 26:2H-1 et seq.). In the case of such a community residence housing mentally ill persons, such residences shall have been approved through a purchase or service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this chapter, "developmentally disabled person" means a person who is developmentally disabled as defined in § 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23[3] but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE

Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures as established by regulation of the Department of Human Services pursuant to N.J.S.A. 30:14-1 et seq. providing food, shelter, medical care, legal assistance, personal guidance and other services for not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

[Added 8-25-1994 by Ord. No. 11-1994]

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board. "Conditional uses" are specified by zoning district within this chapter.

CONSTRUCTION OFFICIAL

The city official specified in the Building Code[4] and designated as such by the City Council.

CONTIGUOUS

Being in actual contact, touching along a boundary.

[Added 4-26-2012 by Ord. No. 5-2012]

CONTINUING CARE RETIREMENT COMMUNITY (CCRC)

A facility providing housing, assisted care, nursing care and other health-related services, as well as housekeeping services, laundry services, meals and structured activities at the same location, to an individual over the age of 62, pursuant to a service agreement for a period of greater than one year.

[Added 7-9-1992 by Ord. No. 20-1992]

CONVENIENCE STORE

An establishment, usually open 15 to 24 hours per day, selling goods and merchandise to the general public for personal and household consumption, such as WaWa, Cumberland Farms, Seven-Eleven or similar stores, commonly emphasizing dairy products, baked goods, deli items, newspapers and magazines.

[Added 7-9-1992 by Ord. No. 20-1992]

CONVENTIONAL

Development other than planned development.

COUNTY MASTER PLAN

Composite of the Master Plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.

COURT, INNER

An open, unoccupied space enclosed on all sides by exterior walls of a building.

COURT, OUTER

An open, unoccupied space enclosed on not more than three sides by exterior walls of a building.[5]

CUL-DE-SAC

A street with access closed at one end and with a vehicular turnaround at the closed end.

DAYS

Calendar days.

DENSITY

A number expressing dwelling units per adjusted gross acre. To calculate the maximum number of dwelling units on a tract or parcel of land, the following formula shall be used:

[Amended 7-26-1990 by Ord. No. 10-1990; 7-9-1992 by Ord. No. 20-1992]

(1) The total number of developable acres in a tract or parcel proposed for development shall be calculated, excluding existing lakes, streams, submerged lands, floodplains or freshwater wetlands and wetland buffers as certified by the New Jersey Department of Environmental Protection and Energy (NJDEPE), Office of Freshwater Wetlands.

(2) The maximum units per acre shall be determined by reference to the zoning provisions governing the zone where the land is located.

(3) The number of developable acres shall be multiplied by the maximum units per acre.

(4) The resulting number is the maximum number of units which may be proposed for development on said tract or parcel.

(5) Minimum lot square footage in each district may not contain nondevelopable lands.

(6) If the resulting number is a fraction of a partial unit of 0.5 or more, the maximum number of units may be rounded off to the next highest number.

DETACHED HOUSE

One which has yard access on all four sides.

DEVELOPABLE LAND

All lands exclusive of wetlands and wetlands buffers as certified by the New Jersey Development of Environmental Protection (NJDEP), Office of Freshwater Wetlands.

[Added 7-26-1990 by Ord. No. 10-1990; amended 7-9-1992 by Ord. No. 20-1992]

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter.

DEVELOPMENT REGULATION

Article II, Zoning Districts; Zoning Map; Articles IV through XX, regarding zoning districts; Article XXIII, Subdivision of Land; and Article XXII, Site Plan Review, of this chapter or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law, P.L. 1975, c. 291, (1976), N.J.S.A. 40:55D-1 et seq., and this chapter.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes of New Jersey.

DRIVE-IN ESTABLISHMENTS

Premises constructed for the sale of any goods or services by means of curb and/or window-counter service, whether to the motoring public or pedestrians.

DWELLING, MULTIPLE

A building or portion thereof containing more than two dwelling units.

(1) APARTMENT, GARDEN A group of not fewer than three nor more than 16 multifamily dwellings, architecturally designed with some units placed on top of other units, not in excess of three stories in height, designed for rental or sale of individual housekeeping units, having common open space and in accordance with the special requirements set forth in this chapter. This does not include occupancy units that are rented or hired out to transient clientele for sleeping purposes.

(2) TOWNHOUSE A residential structure of no more than three stories containing not fewer than three nor more than 10 one-family dwelling units, each being separate from the adjoining units by an approved masonry party wall or walls, thus creating a distinct unit intended for separate rental or ownership. This definition shall also include such terms as "row house," "patio house," "court dwelling," etc.

DWELLING, ONE-FAMILY

A detached building containing one dwelling unit only.

DWELLING, TWO-FAMILY

A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

[Added 12-13-1990 by Ord. No. 23-1990]

DWELLING UNIT

A building, or entirely selfcontained portion thereof, which contains complete housekeeping facilities for one family only and which has no enclosed space for cooking facilities in common with any other dwelling unit. The "dwelling unit" shall not require the use of outside stairs, common hallways, passing through another dwelling unit or other indirect route(s) to get to any portion of the "dwelling unit," nor shall there be shared facilities with another housekeeping unit. "Dwelling unit" shall not include a boat, trailer or other vehicle of any type, nor a temporary shelter such as a tent.

DWELLING UNIT AREA

The area enclosed within the inside walls of the dwelling unit with a finished floor to structural ceiling height of not less than seven feet six inches, excluding garages, porches and any spaces located below the top of the foundation wall.

EMPLOYEES

Whenever the word "employees" or the expression "number of employees" is herein referred to, it shall mean the greatest number of persons to be employed in the building in question during any season of the year and any time of the day or night.

ENVIRONMENTAL COMMISSION

A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

FAMILY

One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit.

FAST-FOOD RESTAURANTS

A commercial establishment where foods and drink, prepared for immediate consumption, are purchased at a counter and either eaten on the premises, in the purchaser's automobile or off the premises. Those restaurants where a majority of prepared food is consumed only at tables on the premises and serviced by waiters or waitresses at said tables shall not be deemed "fast-food restaurants." Any restaurant with drive-through window service shall be considered a "fast-food restaurant." "Fast-food restaurants" shall not include those retail stores where food is primarily sold for preparation and consumed elsewhere, such as a supermarket, or stores where, as a secondary use of the premises, prepared foods may also be sold over the counter for immediate consumption, such as a delicatessen.

[Added 7-9-1992 by Ord. No. 20-1992]

FINAL APPROVAL

The official action of the Planning Board taken on a preliminary-approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.

FLOOD HAZARD AREA

Is defined by the New Jersey Department of Environmental Protection as the land, and the space above that land, which lies below the flood hazard area design flood elevation. Structures, fill and vegetation that are situated on land that lies below the flood hazard area design flood elevation are described as being "in" or "within" the flood hazard area. The inner portion of the flood hazard area is called the "floodway," and the outer portion of the flood hazard area is called the "flood fringe." The methods for determining the limits of the flood fringe and floodway are described at N.J.A.C. 7:13-3.1 et seq.[6]

[Added 5-23-2013 by Ord. No. 8-2013]

FLOOD INSURANCE RATE MAP (FIRM)

See the definition in Chapter 146.

[Added 11-20-2014 by Ord. No. 30-2014]

FLOOR AREA RATIO

The total gross floor area of a building on a lot, divided by the area of the lot.

FLOOR AREA, TOTAL

The sum of the gross horizontal areas of all floors of any building or buildings on a lot, measured from the interior walls. In particular, the "total floor area" shall be or include any basement space which has been improved for residential purposes (but in no case may that space which is included as part of the "total floor area" exceed 20% of the total basement area); all space other than basement or cellar spaces with structural headroom of at least seven feet six inches and all interior balconies and mezzanines.

FOWL

Any chicken, hen, turkey, goose, duck, emu, ostrich, or any other fowl or poultry customarily found on a farm, and pigeons.

[Added 9-26-2013 by Ord. No. 19-2013]

FREEBOARD

An additional amount of height above the base flood elevation used as a factor of safety (e.g., two feet to three feet above the base flood) in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with state or community floodplain management regulations. Refer to the freeboard height requirements set forth in Chapter 146.

[Added 5-23-2013 by Ord. No. 8-2013; amended 11-20-2014 by Ord. No. 30-2014]

GARAGE, COMMERCIAL AND PUBLIC

Any garage used for the housing, care, maintenance and repair of motor vehicles.

GARAGE, PRIVATE

A building accessory to a dwelling unit used for the housing of not more than three motor vehicles.

GARAGE, PRIVATE GROUP

A building accessory to a dwelling unit used for the housing of more than three but not more than two motor vehicles per family.

GASOLINE SERVICE STATION

An area of land and any structure thereon used for the retail sale of motor fuel, lubricants and incidental services, such as car washing and the sale, installation and repair of tires, batteries or automobile accessories.

GENERAL DEVELOPMENT PLAN

A plan showing general land use, circulation, open space, utilities, stormwater management, environmental factors, community facilities, type and density of housing, floor area for nonresidential development, and phasing for parcels in excess of 100 acres, which is proposed to be constructed as a planned development. The term of the effect of general development plan approval shall be determined by the Planning Board and shall not exceed 20 years.

[Added 12-8-2011 by Ord. No. 18-2011]

GOLF COURSE

An open area and its necessary buildings used for the playing of golf, containing a minimum area of 100 acres and a full eighteen-hole golf course.

GRADE

(1) Shall be determined as follows:

(a) For buildings having walls adjoining one street only: the elevation of the sidewalk at the center of the wall adjoining the street.

(b) For buildings having walls adjoining more than one street: the average of the elevation of the sidewalk at the centers of all walls adjoining the streets.

(c) For buildings having no walls adjoining the street: the average level of the finished surface of the ground adjacent to the exterior walls of the building.

(2) Any wall approximately parallel to and not more than 20 feet from a street line is to be considered as adjoining the street.

HEIGHT

[Added 7-24-1986 by Ord. No. 13-1986; amended 5-23-2013 by Ord. No. 8-2013]

(1) Subject to the exception contained within the definition of "building height" set forth within this § 14-9B, limitations as to height in a zoning district’s area and bulk requirements shall apply to all buildings, structures or uses, principal or otherwise, on site. "Height" shall be determined and measured from average finished grade to the extreme top of the structure or use.

(2) Notwithstanding the foregoing definition, any structure within the A, AE, or AO Zone on the City's FIRM which mandates an increase in elevation in excess of that set forth for such zone within this Chapter 114 shall have its height measured from the base flood elevation plus the freeboard height applied to the specific zone as set forth in § 146-5.2A and B, as same may be from time to time amended.

[Amended 11-20-2014 by Ord. No. 30-2014]

HEALTH CARE SERVICES

Establishments providing support to medical professionals and their patients such as medical and dental laboratories, blood banks, oxygen and miscellaneous types of medical supplies.

[Added 12-9-2010 by Ord. No. 15-2010]

HEALTH PLANNING SERVICES

The study of the provision, distribution and financing of health facilities and services for present and future populations.

[Added 12-9-2010 by Ord. No. 15-2010]

HISTORIC BUILDING

See the definition in Chapter 146.

[Added 5-23-2013 by Ord. No. 8-2013; amended 11-20-2014 by Ord. No. 30-2014]

HISTORIC SITE

Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (1976); N.J.S.A. 40:55D-1 et seq.

HOME OCCUPATION

Any use of a legally existing residential property which is consistent with the limitations established in Article XXXI of this chapter and which is in compliance with the performance standards established therein. Uses which are not consistent with the limitations established in Article XXXI and/or which are not in compliance with the performance standards established therein shall not be registered as a home occupation or be issued a permit as a home occupation. Such activities shall be considered by definition to be either a conforming or a nonconforming commercial activity and shall require submission to the Somers Point Planning Board or the Somers Point Zoning Board of Adjustment for approval as required by law. The determination of the Somers Point Code Enforcement/Officer shall be final.

[Amended 7-9-1992 by Ord. No. 20-1992; 5-23-1996 by Ord. No. 8-1996; 11-18-2013 by Ord. No. 25-2013]

HOME OFFICE

[Added 11-18-2013 by Ord. No. 25-2013]

(1) The use of a defined portion of a residential dwelling as an office area by one or more members of the household residing on the premises for the following activities:

(a) Activities as an employee, such as telecommuting, for an employer conducting business at a separate location, if such activities do not involve visitation by clients or customers and if there is no assertion or representation that the residence is a business address for either the employee or the employer.

(b) Activities as a volunteer in support of a nonprofit, community service, political, or charitable organization if such does not involve visitation by clients or customers or the general public and if there is no assertion or representation that the residence is a business address for such organization.

(2) The home office shall be subject to the requirements set forth in Article XXXI of this Chapter 114.

HOSPITAL

An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities, training facilities medical offices and staff residences.

[Added 12-9-2010 by Ord. No. 15-2010]

HOTEL/MOTEL

A building or group of buildings designated and intended to provide lodging, accommodations and associated services to a transient clientele for compensation, not intended for use as a residence or domicile, and without cooking facilities in any individual room or suite and in which common dining and recreational facilities, shops and service establishments may be provided as accessory uses.

[Added 7-24-1986 by Ord. No. 13-1986]

IMPACT STATEMENT

A comprehensive statement of potential impact upon the site for all major projects that might significantly affect the quality of the environment.

IMPERVIOUS SURFACE

Any natural or man-made surface which does not permit infiltration of water and causes surface runoff. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.

[Added 9-13-2012 by Ord. No. 16-2012]

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this Act,[7] or whose right to use, acquire or enjoy property under this Act or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this Act.

LANDSCAPE SCREEN

A completely planted visual barrier composed of evergreens or other plants as specified by district in a schedule available from the Building Inspector.

LANES, INGRESS AND EGRESS

A private roadway designed to accomplish easy access into developed parcels. Minimum roadway widths for "ingress and egress lanes" shall be one-way: 18 feet; and two-way: 30 feet or as described in individual Articles, whichever is more stringent.

LIVESTOCK

Any animal customarily found on a farm or typically raised for use and sale, including, but not limited to, swine, pigs, hogs, sheep, bull, cow, calf, heifer, llama, goat, horse, or pony.

[Added 9-26-2013 by Ord. No. 19-2013]

LOADING SPACE, OFF-STREET

Any paved or otherwise surfaced off-street space available only for the loading or unloading of goods, at least 12 feet wide and 35 feet long with clear headroom of at least 14 feet and having direct usable access to a street.

LOFT

A floor consisting of open space at the top of a house just below the roof; often used for storage.

[Added 12-27-2007 by Ord. No. 25-2007]

LOT, CORNER

A designated parcel at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a "corner lot" if straight lines drawn from the foremost points at the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.

LOT COVERAGE

That part of one lot or more than one lot which is improved or is proposed to be improved with buildings and/or other structures, including but not limited to building coverage, driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface which are more impervious than the natural surface. Walks, driveways, and patios, constructed using paver block or brick set in sand rather than in or on concrete, and/or decks with three-eighths-inch spaces, and courtyards are calculated as 50% impervious surface.

[Added 7-9-1992 by Ord. No. 20-1992; amended 9-13-2012 by Ord. No. 16-2012]

LOT, DEPTH

The mean distance from the street line of a lot to its opposite rear line measured in the general directions of the side lines of the lot.

LOT FRONTAGE

The horizontal distance between side lot lines, measured along the street line. The minimum "lot frontage" shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the "lot frontage."

LOT LINE

Any boundary line of a lot.

LOT LINE, INTERIOR FRONT

The dividing line between the lot and the street except in the case where a lot has no street frontage but abuts on the right-of-way, then such right-of-way line shall be the front line of the lot.

LOT WIDTH

The straight and horizontal distance between side lot lines at setback points on each side lot line measured perpendicular with side lot lines. The minimum "lot width" shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum "lot width" at the street line shall not be less than 75% of the minimum lot frontage for the zoning district in which the lot is located.

MAINTENANCE GUARANTY

Any security other than cash, which may be accepted by the municipality for the maintenance of any improvements required by the Municipal Land Use Law, P.L. 1975, c. 291 (1976), N.J.S.A. 40:55D-1 et seq.

MAJOR SITE PLAN

All site plans not defined as minor.

[Added 7-9-1992 by Ord. No. 20-1992]

MAJOR SUBDIVISION

All subdivisions not classified as minor subdivisions.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of Somers Point as set forth in and adopted pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-28.

MEDICAL OFFICE BUILDING

A building that contains physician or health care professional offices.

[Added 12-9-2010 by Ord. No. 15-2010]

METHADONE CLINIC

A facility offering outpatient methadone maintenance services to the public and which shall be deemed to be a business or commercial operation or functional equivalent thereof and not construed as ancillary or adjunct to a doctor's professional office for any purpose under Chapter 114 of the Development Regulations of the City of Somers Point.

[Added 3-22-2001 by Ord. No. 1-2001]

MEZZANINE

A partial story located between two main stories of a building, which is completely open to a main floor, without any walls creating secondary rooms. The aggregate floor area of a mezzanine shall not be more than 1/3 of the floor area of the room or space on which the mezzanine is located above and opens to. The mezzanine floor projects itself from the walls and does not completely close the view of the ceiling from the lower floor, providing for a degree of openness. Stairways and intermediate landings are not considered to be part of the mezzanine floor area. A barrier/guard, such as a railing, which provides an open view to the mezzanine, shall be placed along the edges of the mezzanine, which is open to the floor below. The ceiling height in all areas of the mezzanine shall be a minimum of seven feet six inches.

[Added 12-27-2007 by Ord. No. 25-2007]

MINOR REPAIR OPERATIONS

Establishments which provide repair or maintenance care for appliances, watches, televisions, clocks, furniture, sporting goods.

[Added 12-9-2010 by Ord. No. 15-2010]

MINOR SITE PLAN

A development of one or more lots requiring fewer than 10 parking spaces as required by this chapter, containing fewer than 2,500 new or additional square feet of floor area and not involving lot coverage of more than 50%, which does not involve a planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to the off-tract improvement section of this chapter, and which contains the information required for minor site plans under Article XXII of this chapter and for which all appropriate fees and escrows have been posted pursuant to Article XXVII of this chapter.

[Added 7-9-1992 by Ord. No. 20-1992]

MINOR SUBDIVISION

Any subdivision containing not more than three lots, exclusive of the remaining lot or parcel, fronting upon an existing approved and improved street, not involving any new street or the extension of off-site improvements and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the adopted Master Plan, Official Map or this chapter.

MOBILE HOME

A home, excluding travel trailers, which is a movable or portable unit designed and constructed to be towed on its own chassis (comprised of frame and wheels) and designed to be connected to utilities for year-round occupancy. The term shall include a unit containing parts that may be folded, collapsed or telescoped while being towed and that may be expanded to provide additional cubic capacity; and units composed of two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing.

MOTEL

See “hotel/motel.”

[Amended 7-24-1986 byOrd. No. 13-1986]

MULTIFAMILY HOUSING DEVELOPMENT

A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.

[Added 8-25-1994 by Ord. No. 11-1994]

NET SITE AREA or NET RESIDENTIAL AREA

An area of land devoted to residential buildings and accessory uses on the same lots, such as informal open space, drives, parking and service areas, but excluding land for public streets and nonresidential buildings.

NONCONFORMING LOT

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which, by reason of such adoption, revision or amendment, fails to conform to the requirements of the zoning district in which it is located.

NONCONFORMING STRUCTURE

A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which, by reason of such adoption, revision or amendment, fails to conform to the requirements of the zoning district in which it is located.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which, by reason of such adoption, revision or amendment, fails to conform to the requirements of the zoning district in which it is located.

OFFICIAL COUNTY MAP

A map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP

A map adopted in accordance with the New Jersey Municipal Land Use Law, P.L. 1975, c. 291 (1976), N.J.S.A. 40:55D-32 et seq.

OFF-SITE

Located outside the lot lines of the lot under review but within the property of which the lot is a part which is the subject of a development application or contiguous portion of a street or right-of-way.

OFF-TRACT

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON-SITE

Located on the lot in question.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

OPEN SPACE MAINTENANCE REQUIREMENTS

[Added 7-26-1990 by Ord. No. 10-1990]:

(1) In the event that the organization created for open space management shall, at any time after the establishment of a planned development, fail to maintain any open space or recreation area in a reasonable order and condition in accordance with the plan, the city may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain said areas in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall set the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing the city may modify the terms of the original notice as to the deficiencies and may give an extension of time, not to exceed 65 days, within which they shall be cured.

(2) If the deficiencies set forth in the original notice or in modifications thereof shall not be cured within said 35 days or any extension thereof, the city, in order to preserve the open space and maintain the same for a period of one year may enter upon and maintain such land. Said entry and said maintenance shall not vest in the public any rights of use of the open space and recreation areas, except when the same is voluntarily dedicated to the public by the owners.

(3) Before the expiration of said year, the city shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of said areas, call a public hearing, upon 15 days' written notice to such organization and the owners of the development, to be held by the city, at which hearing such organization and owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the city, continue for a succeeding year. If the city shall determine that such organization is ready and able to maintain said open space and recreation areas in a reasonable condition, the city shall cease to maintain said open space and recreation areas at the end of said year. If the city shall determine such organization is not ready and able to maintain said open space and recreation areas in a reasonable condition, the city may, in its discretion, continue to maintain said open space and recreation areas during the next succeeding year and, subject to a similar hearing, a determination in each year thereafter. The decision of the city in any such case shall constitute a final administrative decision subject to judicial review.

(4) The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and shall be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the city and in the same manner as other taxes.

PARKING SPACE

A space which, exclusive of driveways and turning areas, is nine feet wide and 18 feet long and which is accessible for the parking of one vehicle. Such term shall include handicapped parking spaces which shall, however, conform to state/federal regulations as to size. Parking is permitted in stalls at angles of 45° to 90°, subject to review and approval by the Planning Board. Require off-street parking areas for three or more vehicles should be paved and have individual spaces marked and shall be so designed, maintained and regulated that no parking, backing onto or other maneuvering incidental to parking shall be on any public street, walk or alley and so that any vehicle may be parked or unparked without moving another.

[Amended 3-13-1997 by Ord. No. 3-1997]

PERFORMANCE GUARANTY

Any security which may be accepted by a municipality, including cash, provided that a municipality shall not require more than 10% of the total "performance guaranty" in cash.

PERIMETER SETBACK

A clear and unoccupied space extending along the entire lot line at a depth specified in this chapter. The depth of the perimeter setback area shall be measured at right angles to the lot line of the property.

PERSONAL SERVICE ESTABLISHMENTS

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel such as laundry, dry cleaning, linen supply, beauty shops, barbershops, shoe repair, funeral services, steam baths, health clubs, clothing rental, domestic cleaning service establishments.

[Added 12-9-2010 by Ord. No. 15-2010]

PLANNED COMMERCIAL DEVELOPMENT

An area of a minimum contiguous size, as specified by ordinance, to be developed according to a plan as a single entity containing one or more structures, with appurtenant common areas, to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED DEVELOPMENT

Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT

An area of a minimum contiguous size, as specified by ordinance, to be developed according to a plan as a single entity containing one or more structures, with appurtenant common areas, to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED UNIT DEVELOPMENT

An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this chapter.

PLANNING BOARD

The Municipal Planning Board established pursuant to the New Jersey Municipal Land Use Law, P.L. 1975, c. 291, Section 14, N.J.S.A. 40:55D-23.

PLAT

The map of a subdivision.

PLAT, FINAL

The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations, and which, if approved, shall be filed with the Clerk of the County of Atlantic for recording, in accordance with law. A plat that receives final approval must be prepared by a New Jersey licensed land surveyor. If the "final plat" also contains engineering data and design, then it must also be signed by a New Jersey professional engineer in accordance with all of the provisions of Chapter 141, Laws of 1960.[8]

PLAT, PRELIMINARY

The preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board for tentative approval and meeting the requirements of Article XXIII of this chapter.

PLAT, SKETCH

The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article XX of this chapter.

PORCH

A roofed, open structure projecting from the front, side or rear wall of a building.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to the New Jersey Municipal Land Use Law, P.L. 1975, c. 291, Sections 34, 36 and 37, N.J.S.A. 40:55D-48 and 40:55D-49, prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.

PROFESSIONAL

A person rendering personal service(s) to the public for remuneration in a field(s) which requires specialized knowledge and training frequently involving higher education and an academic degree, including, by way of example but not limitation, physicians and surgeons, osteopaths, chiropractors, optometrists and ophthalmologists, attorneys at law, professional engineers, land surveyors and land planners, architects, certified public accountants, veterinarians (but without any animal boarding facilities), certified land appraisers and others of a similar nature. Said definition shall not include those engaged in what has traditionally been called the "trades," such as contractors, builders, plumbers, electricians, barbers/beauticians, real estate brokers and salesmen, insurance brokers and salesmen and similar persons or occupations.

[Added 7-24-1986 by Ord. No. 13-1986]

PROFESSIONAL OFFICE

The office of one or more professionals as defined herein, including normal support staff and personnel.

[Added 7-24-1986 by Ord. No. 13-1986]

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL

A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to a municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.

QUORUM

The majority of the full authorized membership of a municipal agency.

RECREATIONAL AREA

A private or public space, including essential buildings and structures, used for play and recreational space for individuals.

RECYCLING AREA

Space allocated for collection and storage of source-separated recyclable materials.

[Added 8-25-1994 by Ord. No. 11-1994]

RENTAL

A procedure by which services and/or real or personal property are temporarily transferred to another person for a specific time period in exchange for remuneration.

RESTAURANT

An establishment in which food and drink may be procured, provided that such food and drink is primarily consumed while seated at a table, counter or booth within the building. Sale of items for consumption off premises shall be allowed, so long as such sales are clearly subordinate to on-site service and consumption.

[Amended 7-9-1992 by Ord. No. 20-1992]

RESTAURANT, DRIVE-IN/CARRY-OUT/DRIVE-THROUGH

See "fast-food restaurant."

[Added 7-9-1992 by Ord. No. 20-1992]

RESTAURANT, OUTDOOR

A part of a restaurant used for seasonal outdoor dining and not used for any other purposes, which is located on property owned by the restaurant and which is immediately contiguous and directly connected to the dining area of the restaurant.

[Added 4-26-2012 by Ord. No. 5-2012]

RESUBDIVISION

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

RETAIL SERVICE ESTABLISHMENTS

Establishments providing services to the general public for personal use such as financial services offices, real estate and insurance offices, educational and social services offices.

[Added 12-9-2010 by Ord. No. 15-2010]

RETAIL SHOPS

An establishment which sells items for consumption (excluding alcoholic beverages) or personal use, with a maximum building cover of 25%, such as a bakery, delicatessen, florist/gift shop, cell phone shop, art gallery and camera shop.

[Added 12-9-2010 by Ord. No. 15-2010]

RUNOFF, SURFACE WATER

Any overland flow of water across the ground surface.

SCHOOL, PRIVATE

A duly organized school, other than a public school, giving regular instruction in subjects ordinarily taught in the public schools and not under the jurisdiction of the school district but properly registered with the State of New Jersey.

SEDIMENTATION

The deposition of soil that has been transported from its site or origin by water, ice, wind, gravity or other natural means as a product of erosion.

SERVICE STATION

An area of land and any structure thereon which does not sell gasoline or auto fuel but is used for the retail sale of lubricants and other automobile-related products and incidental services to automobiles, such as auto repairs, auto service, car washing and the sale, installation and repair of tires, batteries or automobile accessories.

[Added 8-24-2017 by Ord. No. 13-2017]

SIDEWALK

Includes both sidewalks located in the public right-of-way and sidewalks located on private property outside of any public right-of-way and any paved, surfaced or leveled area, paralleling and usually separated from the traveled way, used as a pedestrian walkway.

[Added 4-26-2012 by Ord. No. 5-2012]

SIGN

Any device or representation for visual communication used as, or which is in the nature of, an advertisement, announcement or direction, including any letter, word, banner, pennant, insignia or trade flag, but excluding any public traffic or directional signs.

SITE PLAN

A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to Article VI of the Municipal Land Use Law, P.L. 1975, c. 291 (1976), N.J.S.A. 40:55D-37 et seq.

SPECIAL FLOOD HAZARD AREA (SFHA)

See the definition in Chapter 146.

[Added 5-23-2013 by Ord. No. 8-2013; amended 11-20-2014 by Ord. No. 30-2014]

STANDARDS OF PERFORMANCE

Standards adopted by ordinance pursuant to the New Jersey Municipal Land Use Law, P.L. 1975, c. 291, Section 52d, N.J.S.A. 40:55D-65, regulating noise levels, glare, earth-born or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality, or required by applicable federal or state laws or municipal ordinances.

STORY

The vertical distance from the top of two successive tiers of beams or finished floor surfaces; and for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. A loft and a mezzanine shall be considered a story.

[Amended 12-27-2007 by Ord. No. 25-2007]

STORY, HALF

Any space partially within the roof framing where the clear height of not more than 75% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by this chapter, or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET, ARTERIAL

A street carrying traffic from collector streets.

STREET, COLLECTOR

A street which carries traffic from minor streets to the major system of arterial streets. They shall include the principal entrance street(s) of a residential development and streets for circulation within such a development.

STREET LINE

The dividing line between a lot and a public street, road or highway or a private street, road or way over which two or more dominant estates have the right-of-way.

STREET, LOCAL

A street which is used primarily for access to the abutting properties.

STREET, MARGINAL ACCESS

A street which is parallel to and adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic.

STREET, MINOR

See "street, local."

STRUCTURAL ALTERATION

Any change in the supporting members of a building or any substantial change in the roof or in the exterior walls.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

SUBDIVIDER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development, except that the following divisions shall not be considered "subdivisions"; provided, however, that no new streets or roads or the extension of water, sewer or drainage lines, or other municipal improvements are involved; divisions of property by testamentary or intestate provisions or divisions of property upon court order; divisions of property having more than one single- or two-family dwelling constructed and occupied prior to the adoption of this chapter, which division does not meet the lot size and area requirements of this chapter but which will result in one single- or two-family dwelling on each separate lot, provided that said division shall not result in one or more vacant lots; that the property to be divided is in single ownership; that said division shall result in not more than three lots fronting upon an existing street; and that each lot shall have its own sewer and water connection connected to an approved public system. "Subdivision" also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.

SUBDIVISION COMMITTEE

A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of reviewing subdivisions in accordance with the provisions of this chapter and such duties relating to land subdivision which may be conferred on this Committee by the Board.

TENTATIVE APPROVAL

Approval by the Planning Board of a preliminary plat with rights as specified herein.

TRANSIENT GUEST OR CLIENTELE

A temporary occupant of a hotel or motel or rooming house. A "transient guest or clientele" shall not occupy a room or unit located within the same building or located on the same municipal tax lot for more than 120 consecutive days and shall not occupy such room or unit for more than 200 days in any period of 365 days.

[Added 7-24-1986 by Ord. No. 13-1986]

TRAVEL TRAILER

A vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer and, when factory equipped for the road, having a body width not exceeding eight feet and a body length not exceeding 32 feet.

UPLANDS or WETLANDS

The demarcation line between uplands and wetlands areas of a developmental parcel shall be as determined by the New Jersey Department of Environmental Protection Wetlands Maps and as finally set and established by the New Jersey Department of Environmental Protection for such project. "Uplands" shall be all land not designated "wetlands." No "wetlands" area shall be used in the calculation of density of lot coverage.

[Added 7-24-1986 by Ord. No. 13-1986]

USE

Any purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on in a building or other structure on a tract of land.

USED CAR LOT

An area used for the storage and display of used automobiles advertised for sale, including motorcycles, trucks or any other motorized vehicle.

USE, PRINCIPAL

The main or primary purpose or purposes for which land, a structure or a building is designed, arranged or intended or for which it may be occupied or maintained under this chapter.

VARIANCE

Permission to depart from the literal requirements of a zoning ordinance pursuant to the New Jersey Municipal Land Use Law, P.L. 1975, c. 291, Section 47, N.J.S.A. 40:55D-60; and Subsections 29.2b, 57c and 57d of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-40 and 40:55D-70.

WINDOW, LEGAL

A window or portion of a window (including a window either in addition to or as a substitute for mechanical ventilation) which is required by any applicable law or statute or other city codes or ordinances to provide light or ventilation to a room used for living purposes.

YARD

An open unoccupied space on the same lot with the main building, open and unobstructed from the ground upward.

YARD DEPTH, REAR

The mean distance from the rear lot line or its vertical projection to the part of the building that is nearest thereto at any story level.

YARD, FRONT

A yard extending the full width of the lot and extending from the front line of the main building, projected to the side lines of the lot, to the street line.

YARD, REAR

A yard extending the full width of the lot, and extending from the rear line of the lot to the rear line of the main building, projected to the side lines of the lot.

YARD, SIDE

A yard extending from the front yard to the rear yard between the main building and the adjacent side line of the lot.

YARD WIDTH, SIDE

The minimum distance between the side lot line or its vertical projection and the side walls of the building.

ZONING PERMIT

A document signed by the administrative officer which is required by ordinance as a condition precedent to commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency pursuant to Sections 47 and 57 of the New Jersey Municipal Land Use Law, P.L. 1975, c. 291, N.J.S.A. 40:55D-60 and 40:55D-70.

[2] Editor's Note: The former definition of "building, height of," which immediately followed this definition, was repealed 5-11-2006 by Ord. No. 11-2006. See now the definition of "height" in § 114-9.

[3] Editor's Note: Said section was repealed by L. 1987, c. 116. § 30, effective June 7, 1989. See now N.J.S.A. 30:4-27.2.

[4] Editor's Note: See Ch. 100, Construction Codes, Uniform.

[5] Editor’s Note: The definition of “coverage,” which immediately followed this definition, was repealed 9-13-2012 by Ord. No. 16-2012.

[6] Editor's Note: The former definition of "Flood Hazard Boundary Map (FHBM)," added 5-23-2013 by Ord. No. 5-2013, which immediately followed this definition, was repealed 11-20-2014 by Ord. No. 30-2014.

[7] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[8] Editor's Note: See N.J.S.A. 46:23-9.10.