For the purposes of this article, the following rules of interpretation
shall apply:
A.
Words used in the present tense include the future tense.
B.
Words used in the singular number include the plural number, and
vice versa.
C.
Words used to include the male gender include the female gender,
and vice versa.
D.
The word "used" shall also include arranged, designed, constructed,
altered, converted, rented, leased or intended to be used.
E.
The word "person" includes corporation or partnership as well as
individuals.
F.
The word "lot" includes the word "plot," "parcel," or "premises."
G.
The word "structure" includes the word "building," "dwelling" or
"residence."
H.
The term "such as" shall be considered as introducing typical or
illustrative designation of terms and shall not be construed as constituting
a complete list.
I.
The word "shall" is mandatory and not discretionary. Any word or
item not defined herein shall be used with a meaning as defined in
Webster's New International Dictionary of the English Language, unabridged
and latest edition. Moreover, whenever a term is used in this article
which is defined in N.J.S.A. 40:55D-1, et seq., such term is intended
to have the meaning as defined in N.J.S.A. 40:55D-1, et seq., unless
specified to the contrary in this article.
[Ord. No. 908 § 1; Ord. No. 977 § 2, § 8; Ord. No. 983 § 2; Ord. No. 1013 § 1; Ord.
No. 1017 § 1; Ord. No.
1022 § 1A; Ord. No. 1062 § 1; Ord. No. 1101 § 1; Ord. No. 1116 § 1; Ord. No. 1287-2018 § 1]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this Ordinance, have the meaning herein indicated.
A physical entrance to property.
A single vehicular entrance and/or exit combination between
a street and a lot.
A building, structure or use which is customarily associated
with and is incidental and subordinate to the principal building,
structure or use, and which is located on the same lot therewith.
No accessory building or structure, with the exception of a Detached
Garage, shall exceed 100 square feet and shall have a maximum height
of not more than 10 feet to peak of roof.
[Amended 6-21-2023 by Ord. No. 1402]
The Secretary to the Planning Board, or Secretary to the
Zoning Board of Adjustment, as the case may be, unless a different
municipal official is designated by ordinance, statute, or by the
Mayor to administer certain of the responsibilities and authorities
specified for the Administrative Officer in N.J.S.A. 40:55D-1 et seq.
One or more persons designated to represent the applicant
before the Planning Board.
The traveled way by which cars enter and depart parking spaces.
A minor way which is used primarily for vehicular service
access to the back or the side of properties otherwise abutting on
a street.
As applied to a building or a structure means a change or
rearrangement of the external structural parts or of the existing
facilities, or an enlargement, whether by extension of a side or by
increasing in height or by moving from one location or position to
another.
The landowner or the agent, optionee, contract purchaser
or attorney authorized in writing to act for the landowner submitting
an application under this Ordinance.
The application or appeal forms, together with the required
fees and all accompanying documents required by this Ordinance for
approval of a subdivision plat, site plan, conditional use, zoning
variance or direction for issuance of a permit pursuant to N.J.S.A.
40:55D-34 or N.J.S.A. 40:55D-36.
A lot or building used for the sale or hire of automotive
equipment. This shall be interpreted to include new and used car dealerships
and auto accessory sales rooms but not the sale of junked automotive
equipment.
A temporary or portable roof-like covering attached to a
frame which is entirely supported by the building or other structure
to which it is attached.
An activity provided in an occupied residence in which child
care is provided only for a child or children related to the resident
care giver, or only for a child or children of one unrelated family,
or only for a combination of such children; not being a child care
center or family day care home. Babysitting is a permitted accessory
use in all Borough residences.
A commercial bank, saving and loan, or savings bank.
Any sign made of paper, plastic or fabric which may or may
not possess characters, letters or illustrations.
See Chapter 36 entitled Flood Hazard Areas at § 36-5.
See Chapter 36 entitled Flood Hazard Areas at § 36-5.
The portion of a building that is partly below grade which
has more than 1/2 of its height measured from floor to ceiling, above
the average finished grade of the ground adjoining the building. A
basement shall be counted as a story if used for business or dwelling
purposes other than for a janitor employed on the premises.
A principal division of a wall, roof or other part of a building
marked off by vertical or diagonal supports.
A portion of a residential dwelling unit containing sleeping
accommodations without individual cooking facilities which are used,
let or hired out for compensation for the use of temporary guests.
A central dining area may be utilized to furnish meals only to the
guests.
A room planned or used primarily for sleeping.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes other than on a building
or the grounds to which the advertising applies. Billboards are prohibited
in all zoning districts.
The area bounded by one or more streets or a municipal boundary
and of sufficient size to accommodate a lot or lots of minimum size
required as further specified herein.
The Planning Board or the Zoning Board of Adjustment of the
Borough of Wildwood Crest, as the case may be.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, and/or
fences, designed to continuously limit view of and/or sound from the
site to adjacent sites or properties.
That portion of a lot lying between required yards and/or
setback lines.
A combination of materials to form a construction adapted
to a permanent, temporary, or continuous occupancy and having a roof.
A houseboat is not defined as a building.
The horizontal plan projection taken at grade level of all
covered or roofed areas and uncovered porches or decks on a lot, whether
permanent or temporary.
The vertical dimension of a building measured to the highest
point of the roof from the base flood elevation or top of curb, whichever
is higher.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building, the vertical plane will coincide with the most projected
surface. All yard requirements shall be measured to the building line.
A line established by the Governing Body for the construction,
erection, building, maintaining and keeping in repair of bulkheads
to protect public and private property from encroachment by waters.
The diameter of a tree trunk measured in inches, six inches
above ground level for trees up to four inches in diameter and measured
12 inches above ground level for trees over four inches in diameter.
See AWNINGS.
A governmental acquisition of real property or major construction
project.
An attached or detached accessory building designed for the
storage of motor vehicles and constructed primarily as an open building
with only a roof and the necessary supporting columns.
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion of the paved or graded width.
The portion of a building that is partly or entirely below
grade, which has more than 1/2 of its height, measured from floor
to ceiling, below the average finished grade of the ground adjoining
the building. A cellar shall be counted in floor area ratio and/or
square footage computations if used for business purposes other than
for ancillary storage. A cellar shall not be used as a habitable space.
A statement signed by the Construction Official, setting
forth that a particular lot or a particular structure may lawfully
be occupied for a specific use or uses.
Information which relates to changing events and/or messages
relating to the structure and use to which the sign relates.
Any facility which is maintained for the care, development
and supervision of six or more children under the age of six who attend
the facility for less than 12 hours a day and which offers such programs
as day care center, drop-in centers, recreation-type centers sponsored
and operated by a County or municipal government, centers serving
mildly sick children, centers that had not been licensed by the NJ
Department of Human Services prior to the enactment of the Child Care
Center Licensing Act of 1984, day nursery schools, play schools, cooperative
child centers, centers for children with special needs, infant\toddler
programs, employment related centers, and/or kindergartens that are
not an integral part of a private educational institution or system
offering elementary education in grades kindergarten through sixth.
A child care center shall not offer programs operated by a public
or private day school of elementary and/or high school grade, special
activity programs for children, youth camps, and/or religious classes.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or trans-shipment points.
An open space area within or related to a site, and designed
and intended for the use or enjoyment of residents and owners of the
development. Common open space may contain such complementary structures
and improvements as are necessary and appropriate for the use or enjoyment
of residents and owners of the development.
Any community residential facility licensed pursuant to P.L.
1977 c. 448 (C. 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, half-way 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 residence
shall have been approved for a purchase of service contract or an
affiliation agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services. As used in this act, "developmentally
disabled person" means a person who is developmentally disabled as
defined in Section 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. 30:4-27.1 et seq., 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 criminal charge.
Any shelter approved for a purchase of a service contract
and certified pursuant to standards and procedures established by
regulation of the Department of Human Services pursuant to P.L. 1979,
c.337 (N.J.S.A. 30:14-1 et seq.) providing food, shelter, medical
care, legal assistance, personal guidance, and other services to not
more than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
An application for development shall be complete for purposes
of commencing the applicable time period for action by the municipal
agency. In the event the application is not certified to be complete
within 45 days of the date of its submission, the application shall
be deemed complete upon the expiration of the forty-five-day period
for purposes of commencing the applicable time period for action by
the Planning Board or Zoning Board unless: (a) the application lacks
information indicated on a checklist adopted by ordinance and provided
to the applicant; and (b) the Administrative Officer has notified
the applicant, in writing, of the deficiencies in the application
within 45 days of the submission of the application. The applicant
may request that one or more of the submission requirements be waived
within 45 days. The appropriate Board may subsequently require correction
of any information found to be in error and submission of additional
information not specified in the ordinance or any revisions in the
accompanying documents, as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application have been met. The application shall not be deemed
incomplete for lack of any such additional information or any revision
in the accompanying documents so required by the Planning Board or
Zoning Board.
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as specified in this Ordinance and upon issuance of authorization
by the Planning Board or Zoning Board, as applicable.
The municipal official specified in the building code and
designated as such by the Borough Commissioners responsible for the
enforcement of the State Uniform Construction Code.
Tracts of land which share a common boundary.
Development other than planned development.
A 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 N.J.S.A.
40:27-4.
The County Planning Board, as defined in section 1 of P.L.
1968, c. 285 (C. 40:27-6.1), of the County in which the land or development
is located.
The ratio of the horizontal area, measured along the outside
perimeter of all the exterior walls on all stories or floors, for
all principal and accessory buildings on a lot, divided by the entire
area of the lot, but excluding chimneys; decks, open porches, and
exceptions as may be permitted by this chapter.
The area of all portions of the lot, which are covered by
impervious surfaces, as defined, divided by the entire area of the
lot.
A space between the floor of the first finished floor and
the highest adjacent grade, as defined, containing pipes, ducts, and
wiring, and permits access but is an uninhabitable area.
A street with only one outlet and having the other end for
the reversal of traffic movement.
A raised margin within the right-of-way of a public street,
along the edge of the paved portion of the street, serving the purposes
of confining the limits of vehicular traffic; aiding in controlling
and guiding stormwater runoff and in defining the areas of a public
right-of-way by pedestrian and vehicular traffic.
Calendar days.
A raised exterior floor or platform, either freestanding
or attached to a building.
An appropriation or giving up of property to public use,
which precludes the owner or others under him from asserting any right
of ownership inconsistent with the use for which the property is dedicated.
The number of dwelling units per acre or square footage of
residential designated use area for a dwelling unit type or types,
computed by dividing the number of dwelling units of that type or
types proposed to be built within that residential designated use
area or portion thereof by the number of acres devoted to that type
or types of dwelling units within that designated use area.
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.
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 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 Ordinance.
A development rule or other Borough regulation of the use
and development of land, or amendment thereto.
An advisory committee of at least four Planning Board members
may be appointed by the Chairman of the Board for the purpose of classifying
and reviewing development plans in accordance with the provisions
of this Ordinance, and such other duties relating to the land which
may be conferred on this committee by the Board.
The removal of surface water or groundwater from the land
by drains, grading or other means such as retention or detention basins,
including 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.
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities, or lands required along a natural stream or water
course for preserving the channel and providing for the flow of water
therein to safeguard the public against flood damage.
Premises constructed to cater primarily to the motoring public,
whether or not serving pedestrians as well as the automobile trade,
and used for the sale to the public of any product and providing curb
and/or window counter service.
A means of ingress and egress for vehicles to and from a
property.
Any permanent building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
Dwellings may include but not be limited to the following types:
DWELLING, SINGLE-FAMILYA freestanding detached building on one lot, or within a lot held in common ownership, serving one family.
DWELLING, DUPLEXTwo residential units in one building in any design such as side-by-side, up and down or front and rear. See DWELLING, TWO-FAMILY.
DWELLING, MULTI-FAMILYThree or more residential units in one or more principal use building.
DWELLING, TWO-FAMILYA building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall, except for a common stairwell.
A group of interrelated rooms or structures, intended or
designed for nontransient residential use of one family; separated
from other dwelling units by lockable doors; having access to the
outside without crossing another dwelling; and, having living and
sleeping facilities, cooking facilities, fixed or portable, and complete
sanitary facilities for the exclusive use of the occupants thereof.
A right to use the real property of another created by deed
or other legal means, for the benefit of private persons or the public,
for one or more specific purposes such as access, drainage, conservation,
or provision of utility services.
The projecting overhang at the lower edge of a roof.
Any public or private educational institution normally subject
to regulations prescribed the State of New Jersey.
A Borough advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
A description and analysis of all possible direct and indirect
effects that development will have on residents and the site itself
as well as adjacent and noncontiguous areas.
To build, construct, attach, place, suspend or affix and
shall also include the painting of wall signs and the painting of
signs or displays on the exterior surface of a building, structure
or natural surface.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
One place of business, or one permanent usage.
Any sign whose sole source of artificial illumination is
outside the display portion of the sign.
Any sign attached to or painted on the building.
A single individual doing his own cooking and living upon
the premises as a separate housekeeping unit, or a collective body
of persons doing their own cooking and living together upon the premises
as a separated housekeeping unit in a domestic relationship based
upon birth, marriage or the functional equivalency thereof.
Any private residence approved by the New Jersey Division
of Youth and Family Services or an organization with which the Division
contacts for family care in which child care services are regularly
provided to no less than three and no more than five children for
no less than 15 hours per week. A child being cared for under the
following circumstances is not included in the total number of children
receiving child care services: (a) the child being cared for is legally
related to the provider; or (b) the child is being cared for as part
of a cooperative agreement between parents for the care of their children
by one or more of the parents, where no payment for the care is being
provided.
A business establishment where food and drink are sold ready
for consumption and where customers consume the food and drink either
inside or outside the confines of the establishment.
A structure erected as a solid or partially open vertical
enclosure or barrier to access to or from a part or whole of a property,
including walls, screens or hedges intended to be a "fence."
The design proportioning, and disposition of windows and
other exterior openings of a building.
Any establishment servicing motor vehicles with fuel, supplies
and accessories, but not major repairs; including establishments designated
as motor vehicle service station or gasoline station.
The official action of the Planning Board taken on a preliminarily
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 guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of a subdivision which
is presented for final approval.
Any structure wherein business of primarily a financial nature
is transacted, such as: banks, savings and loans, mortgage companies
and similar institutions.
The relatively flat area or low lands adjoining the channel
of a river, stream, watercourse, canal, or any body of standing water,
which has been or may be covered by flood water.
The aggregate floor area, in square feet, of a building or
group of buildings on a lot divided by the area, in square feet, of
the lot.
A factor of safety expressed in feet above a flood level
for purposes of floodplain management.
A building or enclosed space used as an accessory to the
main building which provides the storage of motor vehicles and in
which no occupation, business or service for profit is carried on.
Said garages shall have solid floors (as opposed to dirt or gravel
floors) and shall be limited in capacity to three vehicles and one
story or a maximum height of 16 feet. Parking shall only be allowed
in front of a garage if the motor vehicle does not encroach upon public
property, subject to the requirement that a setback of 20 feet be
maintained from the face of the garage to the property line.
[Amended 6-21-2023 by Ord. No. 1402]
A building or enclosed space other than a private garage,
for the storage of motor vehicles exclusively or for the storage of
motor vehicles at which filling station service, sales of accessories
or repairs, other than body and collision repairs and painting and
refinishing, are permitted. This term does not include motor vehicle
showrooms for new or used motor vehicles.
Any building, premises and land in which, or upon which,
a business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
The top of the curb at the highest point on the site.
The sum of the gross horizontal areas of the several floors
of a building or group of buildings on a lot, measured from the exterior
faces of exterior walls or from the center line of party walls separating
two buildings. "Gross floor area" shall not include: roof overhangs
less than two feet or any floors or portions thereof contained on
terraces or balconies projecting beyond the exterior face of the building;
areas occupied permanently by mechanical equipment; any space where
the floor-to-ceiling height shall be less than seven feet provided
such space shall be used only for storage, building maintenance and
operation activities; and roofed or enclosed areas devoted exclusively
to off-street parking and loading spaces in excess of the number of
required by ordinance.
Low-growing plants or sod that in time form a dense mat covering
the area in which they are planted preventing soil from being blown
or washed away and the growth of unwanted plants.
A structure which provides sleeping rental units for temporary
occupancy in which the units have access to a common interior hall
or passageway.
The enclosed horizontal area of a dwelling unit, measured
inside of exterior walls and walls separating units, exclusive of
open porches, open breezeways, and attached garages.
Space used in a structure for living, sleeping, eating, or
cooking with a minimum ceiling height of seven feet, and a finished
floor.
As used herein, is defined as paving and base courses for
parking, as follows:
The highest natural surveyed elevation (no fill provided)
of the ground surface prior to construction adjacent to the proposed
dwelling foundation location.
An occupation conducted in a dwelling unit, which is subordinate
to the residential use and meets the criteria established for home
occupations in this Ordinance.
A sign that relates to any business or profession conducted
within a structure whose primary use is residential and the occupant
of that residence conducts the business therein.
A community association, including a condominium association,
which is organized in a development in which individual owners have
a shared interest in open space and facilities.
A water-borne vessel or boat whether self-propelled or not,
fitted with living accommodations, designed and intended to be used
primarily for on-site living or business use rather than for navigation
and recreational boat uses. Houseboats are not permitted pursuant
to this Ordinance.
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking, and
sanitary facilities on a nonprofit basis.
A surface that has been covered with a layer of material
or structure so that it is highly resistant to infiltration by water.
These surfaces and structures include, but are not limited to buildings,
decks, open porches, patios, driveways, sidewalks, swimming pools,
tennis courts, and basketball courts, whether constructed of fiberglass,
concrete, brick, wood, simulated wood, pavers, asphalt, or any other
construction material.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation for a period of not less than 120 continuous
days.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey or, 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 the provisions of this Ordinance, or whose
rights to use, acquire, or enjoy property under the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.) or this Ordinance, or under any
other law of this State or of the United States have been denied,
violated or infringed upon by an action or a failure to act under
the provisions of this Ordinance.
Includes improvements and fixtures on, above or below the
surface.
A completely planted visual barrier (or having equivalent
natural growth) composed of evergreen plants and trees and/or shrubs
arranged to form both a low-level and a high-level visual screen.
An area of land restricted to landscape elements which may
include lawns, plantings, natural features, sculpture, lighting, and
pedestrian pathways, but not including motor vehicle parking extending
along the entire lot line(s) where they are required. The width of
a landscape buffer shall be measured at right angles to the lot line.
An area of land restricted to landscape items which may also
include such elements as natural features, earth berms, sculpture,
signs, lighting, access-ways, bikeways and pedestrian-ways, but not
including motor vehicle parking, extending along the entire lot line
where they are required. The width of a landscape area shall be measured
at right angles to the lot line.
An off-street parking space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading.
A designated parcel, tract or area of land established by
a plat, shown on the Borough tax map, or otherwise as permitted by
law and to be used, developed or built upon as a unit, including riparian
lands.
The area of a lot taken at its perimeter, exclusive of any
portion within a public or private street right-of-way, including
riparian lands.
The length of a line, lying midway between and parallel to
side lines or midway between and making equal angles with two converging
side lines, between the point of its intersection with the street
line and the point of its intersection with a rear lot line.
The distance between the side lot lines measured along the
street line, measured at right angles to its depth.
The legal boundaries of a lot as determined on the tax maps
or in the records of the Borough Engineer of the Borough of Wildwood
Crest, including riparian lands.
The distance between the side lines measured parallel to
the front lot line at the minimum front yard setback line.
A lot at the junction of, and abutting on, two or more intersecting
streets, where the interior angle of intersection does not exceed
135°. Each corner lot shall have two front yards, one side yard
and one rear yard, the side and rear yard to be designated at the
time of application for a development review or a construction permit.
In the case of a lot abutting one street only, the edge of
the lot which abuts the street. When a lot abuts two or more streets,
the front of the lot is that abutting side which is so designated
on the lot plan by the owner; and abutting edges adjacent to the designated
front shall be considered as sides of the lot. Any other edge abutting
a street, which is not a front or side as above defined, shall also
be considered a front.
A lot other than a corner lot.
A lot, other than a corner lot, which extends from one street
to another, having frontage on both streets.
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by this Ordinance.
The adding of value to previously processed raw materials
by reshaping, reworking, assembly, combining, or other means. Also,
manufacturing includes light industrial operations such as electronic
machine parts, small component assembly, and commercial laundries,
employing more than five people.
A small harbor, inlet or boat basin devoted to the purpose
of providing docks, berths, slips or tip-ups for boats and of providing
services for boats.
Any hood, canopy, awning, or permanent construction which
projects from the wall of a building, usually above an entrance.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to N.J.S.A. 40:55 D-1 et seq.
Municipal Land Use Law.
A sign which is not affixed to the building structure or
permanently attached to a freestanding structure.
Any powered two-wheel transportation.
A structure and surrounding land used for the storage and
sale of petroleum fuel primarily to motor vehicles and for accessory
uses such as the sale of lubricants, accessories or supplies, and
the performing of repairs. A service station is not a repair garage,
body shop, or a car wash.
A low curb with a flat slope designed to be crossed easily
without discomfort.
Any traffic lane where traffic movement is the primary, if
not sole, function.
A layer of wood chips, dry leaves, straw, hay, plastic, or
other materials placed on the surface of the soil around plants to
retain moisture, to prevent weeds from growing, to hold the soil in
place, and to aid plant growth.
The Planning Board, Board of Adjustment, or Borough Commission
or any agency created by or responsible to the municipality when acting
pursuant to this Ordinance.
The Borough of Wildwood Crest.
A building or structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of zoning
ordinance, but which fails to conform to the requirements of the zoning
district in which it is located by reasons of such adoption, revision,
or amendment.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
Any sign lawfully existing on the effective date of an ordinance,
or any amendment thereto, which is rendered nonconforming by reason
of the adoption, revision or amendment thereof.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
An unfinished attic and/or enclosed, unfinished area located
below BFE including building access, carport, crawlspace, elevator,
private residential garage, stairwell, and storage room; and unenclosed
exterior living areas of a building, such as porches, decks, and balconies,
which are not enclosed but may have a roof. The height of such areas
shall not exceed seven feet.
Any offensive, annoying, unpleasant or obnoxious thing or
practice, a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights including
the actual or potential emanation of any physical characteristics
of activity or use across a property line which can be perceived by
a human being, or the generation of an excessive or concentrated movement
of people or things, such as but not limited to noise, dust, smoke,
fumes, odor, glare, flashes, vibrations, shock waves, heat, debris,
litter, trash sites, electronic or atomic radiation, effluent, noise
of congregation of people especially at night, vehicular traffic,
transportation of things by truck, rail or other means, invasion of
non-abutting street frontage by parking, the obscuring or masking
of adjacent or nearby property by projecting signs, marquees or canopies,
or any adverse effect on value or desirability of nearby property
caused by such matters as appearance, exposed storage of inoperable
automobiles, junk, materials and neglect or dilapidation of lands
or buildings.
A facility operated for the purpose of providing therein
lodging, board, and nursing care to sick, invalid, infirm, disabled,
or convalescent persons for compensation and duly licensed by all
governmental agencies.
Located outside the lot lines of the lot or portions of a
lot but within the property (of which the lot is part) which is the
subject of a development application or contiguous portion of a street
or right-of-way or drainage or utility easement.
Any sign located on a lot other than the lot occupied by
the use, event or product which said sign identified.
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle, and that is not located on a dedicated
street right-of-way.
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
or drainage or utility easement.
A structure where over half the floor area is utilized for
the carrying out of consultation, record keeping or clerical work
or as a place where a professional conducts his business.
Two or more office buildings with common parking areas.
A space accommodating any or all of the following: executive,
general corporate and clerical activities, research and consumer product
development connected with service industries, such as financial,
insurance, and banking; development of computer software; demographic,
economic and statistical research; and activities of a similar character.
The 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.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
to 40:55D-36.
Any sign, symbol or device erected and maintained by the
Federal, State, county or local government agency for the purpose
of informing or guiding the public or for the protection of health,
safety, convenience and general welfare as determined by the approving
authority.
Located on a lot or portion of a lot which is the subject
of a development application.
A temporary storage area for a motor vehicle which is located
on a dedicated street right-of-way.
Located on the property which is the subject of a development
application or a contiguous portion of a street or right-of-way.
A raised exterior floor or platform roofed and partly enclosed
by a railing, forming a covered stoop, landing, deck, or breezeway.
Each exterior wall of the porch which is not an exterior wall of the
building shall be completely and permanently open to the outside air,
except for a small portion of the wall at the top and the bottom,
which may be solid, the total area of which when added together, shall
be no more than 40% of the wall area. An open porch may be screened.
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.
An incorporated, nonprofit organization operating in a planned
development under recorded land agreement providing that: each owner
is automatically a member; each occupied dwelling unit is automatically
subject to a charge for proportionate share of expenses for the organization's
activities and maintenance, including any maintenance costs levied
against the organization by the Borough; and each owner and tenant
has the right to use the common property.
A subordinate structure on the same lot as the principal
structure, separate from but accessory to said principal structure,
such as detached garage, carport, greenhouse, work shed, and tool
shed.
Construed to include the attorney, purchaser, devisee, fiduciary
or a person having vested interest in the property in question.
An off-street, ground level area, usually surfaced and improved
for the temporary storage of motor vehicles.
An area not less than nine feet wide and 18 feet in length,
either within a structure or in the open for the parking of motor
vehicles, exclusive of driveways, access drives, fire lanes and public
rights-of-way, except that nothing shall prohibit private driveways
for dwelling units from being considered off-street parking areas,
provided that no portion of such driveway within the right-of-way
line of the street intersected by such driveway shall be considered
off-street parking space. The width and length of each space shall
be measured perpendicular to each other regardless of the angle of
the parking space to the access aisle or driveway.
An open air paved, wooden or similarly constructed recreation
area adjacent to a house; a patio is similar to a porch, but distinguished
therefrom by a lack of structural sides, columns and roofs.
Any sign made of paper, plastic or fabric which may or may
not possess characters, letters or illustrations.
Any security, in accordance with the requirements of this
Ordinance, which may be accepted subject to review and approval by
the Borough Attorney in lieu of a requirement that certain improvements
be completed prior to final approval of a development application,
including performance bonds, letters of credit, escrow agreements
and other similar collateral or surety agreements.
Any use of land or buildings as permitted by this Ordinance.
Any association, partnership, corporation, cooperative group,
trust or other entity as well as an individual.
Any material that permits full or partial absorption of stormwater
into the ground surface.
A structure extending over land or water for use as a docking
space or promenade.
The map of a subdivision.
A continuous open area, accessible to the public at all times
and designed to receive maximum sunlight containing but not limited
to trees and other landscaping, seating, decorative pavement, art
work and kiosks.
An open "porch" is a roofed piazza or porte cochere which
projects beyond the main wall of the building, the size of which is
not to be included in determining the minimum habitable floor area,
and must conform to all setback requirements. The columns supporting
its roof shall present the minimum of obstructions to the view.
An initial meeting between applicants and/or developers and
municipal representatives which affords applicants and developers
the opportunity to present their proposals informally.
The conferral of certain rights prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
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.
A map indicating the proposed layout of a development and
related information that is submitted for preliminary approval.
A building in which is conducted the main or principal use
of the lot on which said building is located.
The portion of the building which faces the street which
generates the most vehicular and pedestrian traffic as determined
by the approving authority.
A street that is not publicly maintained or not intended
to be publicly maintained.
A member of a recognized profession, such as doctors, ministers,
architects, professional engineers, lawyers and such similar professional
occupations, as so designated in Title 45 of the New Jersey Statutes
Annotated. For the purpose of this article, a barber, plumber, electrician,
carpenter, or beautician shall not be considered a "professional."
The office of a member of a recognized profession or occupation,
including architects, artists, authors, dentists, doctors, lawyers,
veterinarians, ministers, musicians, optometrists, engineers, realtors
and such other similar professions occupations which may be so designated
by the Board of Adjustment upon finding by such Board that such occupation
is truly professional in character by virtue of the need for similar
training and experience as a condition for the practice thereof, and
that the practice of such occupation shall in no way adversely affect
the safe and comfortable enjoyment of property rights in any zone
in which it is located to a greater extent than for the professional
activities listed herein.
The record holder of title.
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.
A master plan, capital improvements program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
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.
A closely regulated private enterprise with an exclusive
franchise for providing a public service. For the purposes of this
Ordinance, the term "public utility" shall include such uses as telephone
dial equipment centers, power substations and other utilities serving
the public, such as sewage treatment plants, but shall exclude dumps
and sanitary landfills.
The majority of the full authorized membership of a municipal
agency.
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use and
including but not limited to travel trailer, trucks campers, camping
trailers and self-propelled motor homes.
Any work done on any improvement which: is not an addition
to the improvement; and does not change the appearance of the exterior
surface.
Repairs when a building permit is required for same.
A development of apartment and/or townhouse residential living
units intended exclusively for and solely occupied by persons 62 years
of age or older; housing intended and operated for occupancy by at
least one person 55 years of age or older per unit, subject to the
further condition that 80% of the units must be occupied by at least
one person 55 years of age or older, with ancillary and directly related
facilities to be primarily used by the residents of the development,
including health care services, dining facilities, recreational facilities,
and other ancillary facilities deemed appropriate by the reviewing
authority and in accordance with the applicable provision of this
Ordinance.
Any premises where food is commercially sold for on-premises
consumption to patrons seated at tables or counters. Any facility
making use of carhop or parking lot service to cars or for the consumption
of food to be eaten in said cars or outdoors, shall not be considered
a restaurant for the purpose of this article, and shall be deemed
to be a drive-in or take-out establishment.
Any retail food establishment such as a restaurant, refreshment
stand, snack bar, dairy bar, hot dog or hamburger stand, where food
is served primarily for consumption at counters, stools or bars outside
the building or primarily for consumption in automobiles parked on
the premises or off the premises, whether brought to said automobiles
by the customer or by employees of the restaurant, regardless of whether
or not additional seats or other accommodations are provided for customers
inside the buildings; however, no transaction may be made on the street
or sidewalk.
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 streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but not including conveyances so as
to combine existing lots by deed or other instrument.
The boundary lines of land used or intended for use as streets,
as shown on deeds, plats, or the Master Plan, and from which yard
and other requirements shall begin.
Those tidal lands of the State of New Jersey which are now
or were formerly flowed by mean high water.
Any building or portion thereof containing sleeping accommodations
without individual cooking facilities for compensation for people
who are not members of the family as defined in this Ordinance. The
term "rooming house" shall be deemed to include lodging house and
boardinghouse.
A parabolic or dish-shaped antenna which is constructed or
installed out of doors and designated for the purpose of receiving
television, radio, microwave, or any other form of electronic signals
transmitted or relayed directed from space satellite antennas to such
device.
Any public or private institution offering instruction for
students up to and through the secondary level.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
An area extending the full width of the lot between the street
right-of-way and the required yard within which no buildings or parts
of buildings may be erected.
A line drawn parallel with a street line or proposed street
line or lot line and drawn through the point of a building nearest
to the street line or lot line. The term "required setback" means
a line that is established a minimum horizontal distance from the
street line or proposed street line or lot line and beyond which a
building or part of a building is not permitted to extend toward the
street line or lot line.
A tree in a public space, street, special easement, or right-of-way
adjoining a street.
A paved path provided for pedestrian use and usually located
at the side of a road within the right-of-way.
The area outside of the curbline and the straight line connecting
(sight points) one located at each curbline at a distance of 25 feet
from the corner.
Any structure or part thereof, or any device attached to
a building or painted or represented thereon, which shall display
or include any letter, word, model, banner, pennant, insignia, device,
trade flag, symbol, or representation which is in the nature of, or
which is used as, an announcement, direction or advertisement, for
commercial purposes or otherwise. A sign includes any message, neon
tube, string of lights, or similar device outlining, hung, painted
upon or attached to a part of a building or lot for public view for
those outside building, but does not include the flag or insignia
of any nation or group of nations, or of any governmental agency or
of any political, educational, charitable, philanthropic, civic, professional,
religious, or like campaign, drive, movement, organization, or event.
The area defined by the frame or edge of a sign. When there
is no geometric frame or edge to the sign, the area shall be defined
by as projected, enclosed, four-sided (straight side) geometric shape
which most closely outlines the said sign.
These may include, but not be limited to the following:
ADVERTISINGA sign directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is maintained.
BUSINESSA sign directing attention to a business, commodity, service, or entertainment conducted, sold or offered upon the same premises as those upon which the sign is located.
DIRECTORYA sign of permanent character, but with interchangeable letters, words or numerals, indicating the names of persons associated with, or events conducted upon, or products or services offered upon the premises whereon a sign is maintained.
IDENTIFICATIONA sign other than a bulletin board, directory or nameplate sign, indicating the name of a permitted use, the name and address of a building, or the name of the management thereof, or the date(s) of construction thereof.
INSTRUCTIONALA sign conveying instructions with respect to the premises on which it is maintained, such as parking lot entrance or exit signs, and danger signs.
NAMEPLATEA sign indicating the name, address and/or profession or occupation of a person.
PUBLICSigns of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his duty, such as safety signs, danger signs, memorial plaques or citations, official court and public notices, signs of historical interest, and the like.
TEMPORARYA sign which is designed to advertise or announce, for a limited period, a particular event or series of events, to solicit political support, or to announce the availability for sale of a particular item or items.
The greatest vertical dimension between the top of a sign
and the ground.
These may include, but not be limited to the following types:
AWNINGA sign which is attached to or made part of an awning.
GROUNDA freestanding sign supported by uprights or braces in or upon the ground and not attached to any part of a building.
HANGINGA sign design to project beyond the front face and perpendicular to it over a public walkway.
INTEGRALA sign carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure.
MARQUEEA sign attached to or hung from a marquee, canopy, or other covered structure projecting from and supported by the building.
ROOFA sign which is erected, constructed or maintained on, above or as part of the roof of any building.
WALLA sign which is attached directly to the building and is parallel to the building.
WALL-PAINTEDA sign which is painted directly on the side of a building or structure.
Any sign illuminated by electricity, gas or other artificial
light, including reflective or phosphorescent light.
Any sign that is affixed to or painted on the interior of
a window or any sign located inside and within three feet of the face
of the window, which sign is designed to be visible from the exterior
of the window.
The place where a significant event or pattern of events
occurred. It may be the location of prehistoric or historic occupations
or activities that may be marked by physical remains, or it may be
the symbolic focus of a significant event or pattern of events that
may not have been actively occupied. A site may also be the location
of a ruined building, structure, or object if the location itself
possesses historic, cultural, or archeological significance.
A development plan of one or more lots on which is shown:
the existing and proposed conditions of the lot, including but not
limited to topography, vegetation, drainage, flood plains, 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,
screening devices; and any other information that may be reasonably
required in order to make an informed determination concerning the
adequacy of the plan in accordance with the requirements of this ordinance.
Any development plan not classified as a minor site plan.
Any development plan which:
Is limited to the proposed construction of any permitted accessory
use(s) other than fences and signs, such as a garage, carport, or
off-street parking area, as such accessory uses are specifically permitted
in this Ordinance, provided major site plan approval has been previously
granted for the principal use; or
Consists of an expansion of, addition to, or alteration of,
an existing conforming structure and/or use not exempted from site
plan review and
Not accounting for more than 5% additional building coverage
or 5% additional lot coverage.
Not exceeding more than 2,000 cubic feet of enclosed and roofed
area,
Not involving a planned development,
Not entailing the installation of any road improvements or the
expansion of public facilities,
Not involving any new street or extension of any off-tract improvement
which is to be pro-rated pursuant to Section 30 of New Jersey Statutes
Annotated (N.J.S.A. 40:55D-42).
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An application for a minor site plan shall contain information
reasonably required in order to make an informed determination as
to whether the requirements established by Ordinance for approval
of a minor site plan have been met.
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That portion of a building included between the upper surface
of any floor and the upper surface of the next floor above it or,
if there is no floor above it, then the surface between the floor
and the ceiling next above it. For the purposes of this Ordinance,
the interior of any unfinished roof shall not be considered a ceiling.
Moreover, cellars and basements shall be considered stories when considering
the height of a building, unless said areas are used solely for ancillary
storage.
A space under a sloping roof that has a line of intersection
of the roof and wall face not more than one foot above the floor level
and in which space the possible floor area with headroom of five feet
or more is less than 33% of the total floor area of the story directly
beneath.
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 Ordinance;
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
included 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. For the purposes of
this Ordinance, streets shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side or properties otherwise abutting on a street.
Man-made, aboveground items that are usually found in street
rights-of-way, including benches, kiosks, plants, canopies, shelters,
and phone booths.
The mechanical and utility systems within a street right-of-way
such as hydrants, manhole covers, traffic lights and signs, utility
poles and lines, parking meters and the like.
The conceptual arrangement of streets based upon function.
A hierarchical approach to street design classifies streets according
to function, from high traffic arterial roads down to streets whose
function is residential access. Systematizing street design into a
road hierarchy promotes safety, efficient land use, and residential
quality.
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
East and west directional streets are those streets which
intersect the north and south directional streets or avenues.
A street that has its only ingress and egress at two points
on the same sub-collector or collector street.
North/South streets or avenues include Park Boulevard, New
Jersey Avenue, Pacific Avenue, Seaview Avenue, Atlantic Avenue, and
Ocean Avenue.
The molding, battens, cappings, nailing strips, latticing,
platforms and letters, figures, characters or representations in cut
out or irregular form which are attached to the sign 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. Houseboats are not included.
Any change in the structural members of a building such as
walls, columns beams or girders.
Any individual, firm, association, syndicate, co-partnership,
corporation, trust or any other legal entity commencing proceedings
under this Ordinance to effect a subdivision of land hereunder for
himself or for another.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels, or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this act, if no new streets are created: division of
land found by the Planning Board to be for agricultural purposes where
all resulting parcels are five acres or more in size; divisions of
property by testamentary or intestate provisions; divisions of property
upon court order including, but not limited to, judgments of foreclosure;
consolidation of existing lots by deed or other recorded instrument;
and the conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found and certified to conform to all requirements of the municipal
development regulations and which are shown and designated as separate
lots, tracts or parcels on the tax map or atlas of the municipality.
The term "subdivision" shall also include the term "resubdivision."
Any division of land not classified as a minor subdivision.
Any division of land containing an aggregate of not more
than five lots [four new lots and the remaining parcel], each fronting
on an existing street or streets; not involving any new street or
the installation of any street improvements or the extension of Borough
facilities; not involving any streets requiring additional right-of-way
width as specified in the Master Plan or Official Maps and/or the
street requirements of this Ordinance, unless such additional right-of-way
width, either along one or both sides of said street(s), as applicable,
shall be deeded to the Borough or to the appropriate governmental
authority prior to classification as a minor subdivision; not involving
any required "off-tract" improvements; not adversely affecting the
development of the remainder of the parcel of adjoining property;
not being a further division of an original tract of land for which
previous subdivision(s) have been approved by the Borough within the
current calendar year and where the combination of the proposed and
previously approved minor subdivision(s) constitute a major subdivision;
not involving a planned development; and not being deficient in those
details and specifications required of minor subdivisions as specified
in this Ordinance. The original tract of land shall be considered
any tract in existence at the time of the adoption of this Land Development
Ordinance as shown on the Borough tax maps. Any readjustment of lot
lines resulting in new lots shall be classified as a minor subdivision
for purposes of the application submission and review requirements
but not for purposes counting whether there has been a subdivision
within the current calendar year.
In a motel or multi-family dwelling is two or more rooms
intended to be occupied by one family or party and served by one bath
and shall not include interconnecting rooms each with bath and separate
outside entrance.
A swimming pool, other than a wading pool, whether portable
or fixed, that is located on a lot principally used for a single-
or two-family residential dwelling. Includes all buildings, structures
appurtenant thereto.
Any pool other than a private residential swimming pool designed
to be used collectively by persons for swimming and bathing purposes
including pools designed as part of any hotel or motel use or apartment
or townhouse development.
A swimming pool that is not permanently installed and meets
all of the following criteria: does not require water filtration,
circulation, and purification; does not exceed 15 inches in depth
or a capacity of 300 gallons or less; and does not require braces
or supports. Wading pools are not subject to this Ordinance.
A movable trailer or manufactured mobile office which is
licensed by the Construction Official to be located on a construction
site for a period of time deemed appropriate by the Construction Official
given the scope of the construction project.
The unconsolidated mineral and organic material on the immediate
surface of the earth that serves as a natural medium for the growth
of plant life.
A structure of vehicular, portable design built on a chassis
and designed to be moved from one site to another and to be used with
or without a permanent foundation, provided, however, that a boat
trailer shall not be considered a trailer.
Open space designed and developed to be utilized for the
purpose of recreation whether it be park land, ball fields, beaches,
waterfront or playgrounds.
The specific purpose for which a parcel of land, a building
or a portion of a building is designed, arranged, intended, occupied
or maintained. The term "permitted use," or its equivalent, shall
not be deemed to include any nonconforming use.
A use which is customarily associated with and subordinate
to the principal use of a lot or a building and which is located on
the same lot therewith.
The main or primary purpose or purposes for which land and/or
structure(s), or use therefor is designed, arranged, or intended or
for which they may be occupied or maintained under this article. All
other structures or uses on the same lot and incidental or supplementary
thereto and permitted under this Ordinance, shall be considered accessory
uses.
Permission granted to an applicant for the development by
the Planning Board or the Zoning Board of Adjustment, as the case
may be, to depart from the literal requirements of the zoning provisions
of this Ordinance.
Any sign permanently or temporarily attached to a nonoperating
vehicle, including but not limited to a car, truck, van or bus.
A ground area, unoccupied space open to the sky except for
permitted fences, garden walls, plantings and access-ways, and that
portion of any lot extending inward from the lot or street line for
the distance required by the district within which the lot is located.
A line drawn parallel to a street or lot line at a distance
therefrom equal to the respective yard dimension required by this
Ordinance.
A ground area, unoccupied except for planting and/or accessways
fully open to the sky, between the street line and a line drawn parallel
thereto along the front of the building, extending from lot line to
lot line.
A ground area, unoccupied except for permitted fences, garden
walls, planting and/or access-ways, fully open to the sky, between
the rear lot line and a line drawn parallel thereto along the rear
of the building extending from lot line to lot line.
Any yard measured between a line drawn parallel to a street
or lot line at a distance therefrom equal to the respective yard dimension
required by this Ordinance.
A ground area, unoccupied except for permitted fences, garden
walls, planting and/or access-ways, fully open to the sky, between
any lot line other than a street or rear lot line, and a line drawn
parallel thereto along the side of the building, between the front
and rear yards.
The Zoning Board of Adjustment as established under this
Ordinance.
A finite area of land, as designated by its boundaries on
the Zoning Map, through which specific and uniform regulations govern
the use of land and/or the location, size and use of buildings.
The amended Zoning Map of the Master Plan (as adopted on
October 6, 2005, by Resolution 2005-88) annexed to and made part of
this Ordinance, indicating zoning districts.
The municipal official appointed by the Borough Commissioners
to carry out the literal provisions of the Zoning Ordinance.
A document signed by the Zoning Officer which either: is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building; or which acknowledges
that such use, structure or building complies with the provisions
of the Municipal Zoning Ordinance or variance therefrom duly authorized
by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
