[Ord. No. 1038 § 201]
a.Â
Words used or defined in one tense or form shall include other tenses
and derivative forms.
b.Â
Words in the singular number shall include the plural number, and
words in the plural number shall include the singular number.
c.Â
The masculine gender shall include the feminine and the feminine
gender shall include the masculine.
d.Â
The word "shall" is mandatory.
e.Â
The word "may" is permissive.
f.Â
The word "person" includes individuals, firms, corporations, associations,
trusts and any other similar entities.
g.Â
The word "City" shall mean Sea Isle City.
h.Â
The word "County" shall mean Cape May County.
i.Â
The word "State" shall mean the State of New Jersey.
j.Â
In the case of any difference of meanings or implication between
the text of this ordinance and any caption, illustration, table or
appendix, the text shall control.
[Ord. No. 1038 § 202; Ord. No. 1125 § 1; Ord. No. 1261 §§ I, II; Ord. No. 1364 § I; Ord. No. 1383 § I; Ord.
No. 1384 § I; Ord. No.
1397 (2006) §§ I—IV; Ord. No. 1431 § CVIII; Ord. No. 1467 (2009) § II; Ord. No. 1477 (2010) § I; Ord. No. 1489 (2011) § 111; Ord. No. 1510 (2012) § 2; Ord. No. 1538 (2013) § 1; Ord. No. 1557 (2013) § 2; Ord. No. 1584 (2016) § 1; Ord. No. 1591 (2016) § 1]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Shall mean a subordinate building or use which is located
on the same lot on which the main building or use is situated, and
which is reasonably necessary and incidental to the conduct of the
primary use of such building or main use, and which does not change
the character thereof either as to structural design, appearance or
the basic, primary or main use of the premises in the particular zone
classification where situated. A garage is a permitted accessory use,
where it has not been already provided for under an existing structure.
Shall mean a FEMA proposed base flood elevation first proposed
by FEMA through the issuance of advisory base flood elevation maps
released December 12, 2012, proposing revised elevations and creating
advisory hazard zones.
Shall mean an establishment primarily engaged in the provision
of games of luck, chance or entertainment, including electronic video
games.
Shall mean an exterior transmitting or receiving device mounted
on a tower, building or structure and used in communications that
radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
Shall mean a dwelling unit provided on a rental basis located
in a building having more than one (1) residential unit.
Shall mean lots and parcels of land designed for temporary
or permanent parking of trailers and similar uses.
Shall mean a flexible roof-like cover that extends out from
an exterior wall and shields a window, doorway, sidewalk or other
space below from the elements.
Shall mean a platform or similar structure projecting from
any side of a building, designed and intended for use by the occupant,
and open to the weather. It shall not be used as habitable space and
shall not be included in the computation of floor area.
Shall mean the elevation, based on mean sea level (National
Geodetic Vertical Datum), of a flood that has a one (1%) percent or
greater chance of occurrence in any given year as established by the
Federal Insurance Administration of the Federal Emergency Management
Agency, and as shown on the Flood Insurance Rate Maps (FIRM) of the
Federal Insurance Administration.
Shall mean that portion of a building which is partly above
grade and having at least one-half (1/2) of its height below grade.
See Tourist Guest House.
Shall mean a continuous row or layer of stones, tile, brick,
shingles, etc., in a wall.
Shall mean the length of a street between two (2) street
intersections.
Shall mean the City of Sea Isle City Planning Board and/or
Zoning Board or other Authority having jurisdiction.
Shall mean a residential structure with dining accommodations
for not more than fifteen (15) paying guests who may or may not reside
on the premises. Service to more than fifteen (15) guests shall comprise
a restaurant business.
Shall mean any structure erected to enclose, shelter or protect
boats or other watercraft and associated equipment from the weather.
Shall mean an area intended to be used or used for the mooring
of boats and watercraft.
Shall mean a connection between two (2) buildings, having
a roof but no walls, and intended to provide a weather protected area
or walkway.
Shall mean a structure occupying land and enclosing space,
including all attached, roofed over porch areas in connection therewith.
A "main or principal building" is one which houses the principal use
of the property.
Shall mean any change in supporting members of a building
except such changes as may be required for its safety, any addition
to a building, any all-weather enclosure of a previously open porch
or balcony, any change in use from one (1) district classification
to another, or any relocation of a building from one (1) location
to another.
Shall mean land areas covered by building or accessory buildings.
Shall mean the vertical distance above the FEMA designated
base flood elevation plus the Sea Isle City designated one (1') foot
freeboard to the highest part of the structure, exclusive of any antenna,
church spire, belfry, clock tower, radio tower, chimney flue, water
tank, elevator bulkhead, stage tower, scenery lift or similar structure.
Shall mean a vehicle or device which may be propelled or
assembled, and is constructed so as to permit occupancy for human
habitation.
Shall mean an overhead roof or structure that provides shade
or other shelter.
Shall mean a covered area open on two (2) or more sides designed
for the storage of not more than two (2) automobiles.
Shall mean a line midway between and generally parallel to
the two (2) street right-of-way lines, or as otherwise defined by
the Governing Body.
Shall mean a building to house a club or social organization
not conducted for profit and which is not an adjunct to, or operated
by, or in connection with, a public tavern, cafe or other public place.
Shall mean any and all antennas and towers as defined in
this section, together with other accessory structures and equipment
associated therewith.
Shall mean 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.
Shall mean a method of ownership of multi-unit property,
in which individuals hold title to single residential or commercial
units and share joint ownership in the common ground and/or supporting
facilities of the property. The term may also refer to the unit held
in single ownership.
Shall mean a decorative horizontal feature that projects
outward near the top of an exterior wall.
Shall mean a court is an unoccupied open space other than
a yard. An outer court is one which extends to the street or to the
front or rear yard. An inner court is any other court.
Shall mean a small dome, particularly a dome atop a roof
or small tower.
Shall mean an elevated or raised floor open to the sky attached
to or on the roof of a principal structure, which may be at any height
above natural ground level up to a maximum of thirty-one (31') feet
and constructed of any material capable of supporting the intended
loads. Second floor decks with separated planking (spacing or openings
between deck boards) shall not be considered as covering above a first
floor deck.
Shall mean any deck at any height above the natural ground
that is not attached to a principal building or attached to or constructed
as an integral part of an accessory building on a lot such as a garage
or carport.
Shall mean a surface stormwater control basis designed to
impound runoff and release it at a reduced rate through an outlet
control structure.
Shall mean any stormwater control facility, surface or subsurface,
designed to impound runoff and release it at reduced rate through
an outlet control structure.
Shall mean a projection from a sloping roof that contains
a window and its own roof.
Shall mean any building under a single roof designed for
occupancy by three (3) or more families or containing three (3) or
more dwelling units.
Shall mean a detached building designed for and occupied
exclusively as a residence for one (1) family and having no party
wall in common with an adjacent building.
Shall mean a detached building designed for and occupied
exclusively as a residence for two (2) families which may share a
vertical party wall in a side by side arrangement, or which may contain
one (1) dwelling on the first floor and one (1) dwelling on an upper
floor in an over and under arrangement.
Shall mean any structure or portion thereof containing sleeping,
kitchen, and bathroom facilities designed for and used or held ready
for use as a permanent residence by one (1) family.
Shall mean the exterior face of a building, including but
not limited to, walls, window sills, doorways and such traditional
design elements as horizontal lines, cornice and parapet.
Shall mean one (1) or more related or unrelated persons living
together as a single housekeeping unit, subject to any occupancy laws
which may be in effect in the City.
Shall mean a fixed structure made of wood, wire, or metal,
concrete masonry units or combination of such materials designed to
provide visual privacy, prevent escape or intrusion, or to define
property.
Shall mean lowest horizontal finished surface above the finished
floor consistent with all surfaces indicative to finished ceiling
materials including but not limited to drop ceilings. Mechanical equipment
such as but not limited to heating, ventilation, air conditioning
systems, utility apparatus and similar mechanical equipment shall
not be considered a finished ceiling material and if set in the upper
horizontal area of a room shall be above the finished surface of a
finished ceiling and shall not be exposed in any manner. In no event
shall the finished ceiling be lower than the ceiling height requirement
set in each zone.
Shall mean horizontal continuous, supporting surface extending
throughout a building constituting a level structure upon which one
walks.
Shall mean any vessel in fact used, designed, or occupied
as a permanent dwelling unit, business, or for any private or social
club of any nature, including but not limited to a structure constructed
on a barge primarily immobile and out of navigation or which functions
substantially as a land structure while the same is docked within
the City.
Shall mean an area within the City covered by any waterway
where one (1) or more sites or locations are rented or offered for
rent, sold, or offered for sale for the location of floating homes
and houseboats.
Shall mean the sum of the gross horizontal areas of the several
floors of the building, or buildings, measured from the exterior faces
of exterior walls, or from the center line of party walls separating
two (2) buildings. The calculation of the "floor area" of the building
shall be based on the following standards:
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Enclosed floor area on the first floor or above
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100%
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Glass enclosed and covered porches
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100%
|
|
Screened or otherwise enclosed covered porches or breezeways
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50%
|
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Enclosed attached or detached garage or open carports
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0%
|
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Basement space
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0%
|
|
On-grade patios, terraces and uncovered or covered steps
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0%
|
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Open balconies, open attached covered or uncovered decks including
roof decks, open covered porches, open breezeways
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0%
|
|
Projections in compliance with subsection 26-27.6 Encroachments
|
0%
|
Shall mean the numerical expression of the relationship of
the floor area of a building to the size of the lots on which it is
sited. This ratio is derived by dividing the number of square feet
of floor area in the structure by the number of square feet contained
in the building site.
Shall mean a factor of safety usually expressed in feet above
the base flood elevation. Freeboard tends to compensate for the many
unknown factors that could contribute to flood heights greater than
the base flood elevation. One (1') foot freeboard is to be measured
to the bottom of the floor joist in an "A" Zone or the bottom of the
lowest horizontal structure member in a "V" Zone.
Shall mean a funeral home or mortuary operated by a licensed
mortician in accordance with N.J.S.A. 27:23-1 et seq. A funeral home
or mortuary shall not be considered a home occupation or a professional
office.
Shall mean a ridge roof forming a gable at both ends.
Shall mean a garage not conducted as a business or used for
the storage of more than one (1) commercial vehicle not owned on the
premises.
Shall mean a garage conducted as a business. The rental of
storage space for more than two (2) vehicles not owned on the premises
shall be deemed a business use.
Shall mean a roof with pitched ends and sides.
Shall mean 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 interests in the project
shall be a member;
Each occupied dwelling unit is subject to a charge for a proportionate
share of the expenses for the organization activities and maintenance,
including any maintenance costs levied against the association or
the City; and
Each owner and tenant has a right to use a common property.
Shall mean a building or group of buildings containing ten
(10) rooms or more used or intended to be used for lodging of a transient
clientele for compensation without provisions for cooking in any individual
room or suite, and in which common dining and recreation rooms, shops
and service establishments may be provided.
Shall mean a large, flat-bottomed vessel not considered to
be seaworthy, with a superstructure resembling a house, and designed
primarily as a pleasure craft for recreation and independent navigation.
Shall mean land surface areas that do not allow rainwater
to be directly absorbed by the ground, or any natural or man-made
surface which does not permit infiltration of water or which causes
surface runoff. All buildings, parking areas, roads, sidewalks and
any areas of concrete or asphalt shall be considered impervious coverage
areas within this definition. In addition, other areas determined
by the City Engineer to be impervious within the meaning of this definition
shall be classified as an impervious surface. Impervious coverage
shall also include patios and walkways, tennis courts, water surface
area of swimming pools, and decks which do not allow free drainage
of rainwater through to the ground underneath.
Shall mean a plate used on the bottom of doors and buildings
to protect them from shoe marks.
Shall mean a structural or merely decorative horizontal member
spanning a window opening.
Shall mean an open space or covered area on a lot, used only
for the loading or unloading of goods, the area of which is not less
than four hundred (400) square feet, exclusive of drives, aisles or
maneuvering area, and to which there is direct and unobstructed access
from a street or alley.
Shall mean a parcel of land occupied by or which may be occupied
by a building and accessory building, and including the yards and
other open spaces required by this chapter, or the land shown as a
separate lot or parcel on the records of the County.
Shall mean an area of land which is determined by the limits
of the lot lines bounding that area and is always expressed in terms
of square feet. The computation of lot area shall not combine the
areas of more than one (1) lot unless the lots are contiguous and
under the same ownership.
Shall mean a lot fronting on two (2) streets at their intersection.
Shall mean that percentage of a lot covered by buildings
and accessory buildings. For the purposes of this chapter, lot coverage
shall include all sidewalks, parking areas, automobile access driveways,
and internal roadways, whether covered by an impervious or pervious
material.
Shall mean the mean horizontal distance between the front
and rear lot lines.
Shall mean any lot with frontage on public streets on two
(2) opposite sides of the lot.
Shall mean the width of a lot along a public street, as measured
along the front lot line.
Shall mean the mean horizontal distance between the side
lot lines measured at right angles to the lot depth.
Shall mean the street upon which the majority of lots within
a block have frontage, or any street so designated by the Governing
Body.
Shall mean a commercial activity relating to the repair,
assembly or maintenance of small appliances or machinery which is
completely enclosed, has no outside storage, and is of a scale that
has no adverse external impacts on adjacent uses.
Shall mean any subdivision of land involving not more than
three (3) lots on an improved City street, not involving any new street
or road, the extension of off-tract improvements or a planned development,
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 Master Plan, Zoning Ordinance or this chapter. If any adjacent
or contiguous parcel of land held in one (1) ownership is subdivided
into more than three (3) lots (two (2) new lots and the remaining
parcel) within a period of five (5) calendar years, it shall be classified
as a major subdivision.
Shall mean a group of permanent structural units wherein
sleeping accommodations are provided to transient guests and which
are occupied for a sleeping purpose without provision for cooking
in any individual room or suite. The units, with the exception of
the manager's or caretaker's unit, are designed to provide sleeping
accommodations for transients or temporary residents. Motels may include
accessory facilities, such as a restaurant, gift store or pool, as
may be permitted by approval of the Planning Board.
Shall mean a strip of wood or metal separating and holding
panes of glass in a window.
Shall mean the New Jersey Department of Community Affairs,
and, by extension, shall include the individual divisions and/or offices
with NJDCA.
Shall mean 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. Open
space areas shall be open to the sky and shall be located on the same
lot with a principal and/or accessory structure. Open space areas
do not include required parking, loading or access areas and/or required
buffer strips and side yards. Open space required by any part of this
chapter shall be maintained permanently for the use originally intended.
Shall mean the individual, entity and/or property owner that
intends to own and operate the solar energy systems in accordance
with this chapter. Should the property owner be different than the
owner or entity that intends to own and operate the solar energy systems,
the property owner shall provide written consent and provide it at
a time of application for approval.
Shall mean a short vertical extension of a wall that rises
above roof level, hiding the roof's edge and any roof-mounted mechanical
equipment.
Shall mean a parcel in public ownership used for recreation
or open space.
Shall mean an off-street parking area for more than four
(4) cars.
Shall mean a space, on a lot, used and dedicated for parking
operative motor vehicles, and to which there is a direct and unobstructed
access from a street or alley. For purposes of this definition, two
(2) car stacked parking on a lot in conjunction with a residential
use in a residential zone shall not be considered an obstruction.
Shall mean a parking space located completely within a lot.
Shall mean a parking space located partially or totally within
a street right-of-way.
See Terrace.
Shall mean any material that permits full or partial absorption
of stormwater into previously unimproved land, and shall include gravel
or loose stone areas that allow water to pass through to the ground
below, as well as fences, playground equipment, arbors or outdoor
furniture.
Shall mean a public or private recreation area intended to
be used by children, which may include recreation structures, seating
and other similar furnishings.
Shall mean a part of a building which is covered by a roof,
and open on up to three (3) sides except for wire screening, used
or intended to be used for an extension of the building's activities.
A porch shall not be enclosed by either permanent or detachable glass
sash.
Shall mean any tower or antenna for which a building permit
has been properly issued, or for which a contract, lease or other
agreement has been awarded or entered into by the City, prior to the
effective date of this chapter, including permitted towers or antennas
that have not yet been constructed so long as such approval is current
and not expired.
Shall mean a building, structure or use in which is conducted
the main or predominant use of the lot upon which said building, structure
or use is located.
Shall mean a structure in or on the water, used or intended
for use by the owner or occupant and guests of a property to moor
watercraft.
Shall mean a swimming or wading pool used or intended for
use by the owner or occupant and their guests.
Shall mean the pedestrian walkway along the public beach,
extending from 29th Street to 57th Street, including any future extensions.
Shall mean the westerly edge of the Promenade right-of-way.
Shall mean essentially public in services rendered although
under private ownership or control.
Shall mean an establishment whose principal business is the
sale of food and/or beverage in a ready-to-consume state.
Shall mean concessions or businesses offering for amusement
rides or machines which simulate rides of various types.
Shall mean a roof having a slope less than four (4") inches
vertical for every twelve (12") inches horizontal.
Shall mean a roof having a slope equal to or greater than
four (4") inches vertical for every twelve (12") inches horizontal.
Shall mean a satellite signal which, when viewed on a conventional
television set, is at least equal in picture quality to that received
from local commercial television stations by way of cable television
systems.
Shall mean an apparatus capable of receiving communications
from a transmitter or a transmitter relay located in a planetary orbit.
Shall mean an opaque or essentially opaque barrier to vision
extending from six (6") inches above ground level to six (6') feet
above ground level, intended or used to provide privacy for a yard.
Shall mean a renewable energy system, as defined in this
section, 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:
Is used to generate electricity; and
Has a nameplate capacity of one hundred (100) kilowatts or less;
and
Solar panels and/or generator and all associated equipment,
including any base, foundation, structural support, wire(s), batteries
or other components necessary to fully utilize the solar generator.
Shall mean a structure containing one (1) or more receptive
cells, the purpose of which is to convert solar energy into usable
electrical energy by way of a solar energy system.
Shall mean any man-made object having an ascertainable stationary
location on or in land or water, whether or not affixed to the land.
All buildings and other improvements are structures.
Shall mean an establishment whose principal business is the
sale of alcoholic beverages, either with or without meals, and having
no provisions for lodging guests.
Shall mean an uncovered flat platform of earth with a surface
material. A terrace which has a roof and which is attached to a building
shall be considered a porch.
Shall mean, in relation to a solar energy system, the vertical
distance from the ground to the maximum height of the apparatus and
all associated equipment of the solar energy system at its highest
point.
Shall mean a dwelling in which nightly or weekly accommodations
are provided for transient guests for compensation, including bed
and breakfast services.
Shall mean any structure that is designed and constructed
primarily for the purpose of supporting one (1) or more antennas for
telephone, radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common
carrier towers, cellular telephone towers, alternative tower structures,
and the like. The term shall include the structure and any support
thereof.
Shall mean service provided by a public utility as recognized
by the New Jersey Board of Public Utilities, equipment and structures
to provide such service.
Shall mean a structure which serves to enclose or subdivide
a building or outdoor space, and usually presenting a continuous surface,
except where penetrated by windows, doors or similar openings.
Shall mean a window or set of windows projecting outward
from the wall of a building and forming an alcove or recess in a room.
Shall mean a bay window built in a curve.
Shall mean a structure or group of structures housing meeting
rooms, lounges, restaurants, bars, incidental offices for club administration
and restroom facilities along with necessary appurtenances such as:
boat slips, docks, wharfage areas, storage areas and parking areas
intended for the use of members of the yacht club or the general public
for water oriented recreational activities.
Shall mean the space between a lot line and building line.
Shall mean an open space between the front of a building
and the front property line. For properties fronting on the beach
in which the longer dimension of the lot is perpendicular to the beach,
the front yard shall be between the property line on the beach and
the building.
Shall mean an open space on the same lot with a building
between the rear wall of the building and the rear line of the lot,
and unoccupied except for accessory buildings. In the case of a corner
lot, the owner may designate either of the two (2) interior lot lines
as the rear lot line.
Shall mean an open space between the front yard, the rear
yard, the side lot line and the side of a building.
