City of Wildwood, NJ Section 200 Terminology

§ 17-201 Definitions and Word Usage.

[1-23-2019 by Ord. No. 1128-18; amended 3-22-2023 by Ord. No. 1254-23]

A. For the purpose of this chapter, certain phrases and words are herein described as follows: Words used in the present tense include the future; words used in the singular number include the plural number and vice versa; words used to include the male gender include the female gender and vice versa; the word "used" shall also include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used"; the word "lot" includes the word "plot" and "premises"; the word "building" includes the word "structure," "dwelling" or "residence"; 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 the chapter 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 chapter.

B. As used in this chapter, the following terms shall have the meanings indicated:

ABANDONMENT

The cessation of a use of a property (land and/or structures) by the owner, with the intention of neither resuming the use nor transferring rights to property to another who will so use the property.

ABUTTING COUNTY ROAD

Any existing or proposed county road shown on the adopted County Master Plan or Official Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.

ABUTTING OWNER

The record owner of a parcel of land which is contiguous at any point to the parcel in question or which is contiguous to a section of road or street (public or private) on which the subject parcel is located.

ACCESS

A physical entrance to a property off a City street.

ACCESSORY APARTMENT UNITS (IN-LAW SUITE)

A single additional dwelling unit within a single-family detached dwelling which shall contain at least two rooms and have sanitary and cooking facilities for the exclusive use of its occupant. Said unit shall be no more than 25% of the net habitable floor area of the principal dwelling unit and shall be a minimum of 500 square feet in area.

ACCESSORY BUILDING, STRUCTURE OR USE

A building, structure or use which is customarily associated with and is subordinate in area, extent and purpose to and is incidental to the principal building, structure or use, is nonhabitable unless specifically permitted under this chapter and is located on the same lot as the principal building, structure or use which it supports. Examples include garages, carports, decks, kennels, sheds, nonportable swimming pools and all roofed structures. Any accessory building attached to the principal building shall be considered part of the principal building.

ADA

See "Americans with Disabilities Act."

ADAPTIVE REUSE

The development of a new use for an older building or for a building originally designed for a special purpose.

ADDITION

The construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any landmark.

ADMINISTRATIVE OFFICE

A building or portion of a building or structure in which management or general administrative functions are performed for the facility or operation either on the premises or on other premises owned by the same company.

ADMINISTRATIVE OFFICER

The municipal employee whose duties include the administration and enforcement of this chapter and Building Permit applications (see also Zoning Officer).

ADT (AVERAGE DAILY TRAFFIC)

The average number of cars per day that pass over a given point of data collection.

ADULT DAY CARE

A nonresidential facility wherein senior citizens or other adults requiring such care are provided health care, food service and/or recreational, social and cultural activities and other support services on a daily basis. Adult day care as a use may be included with a qualified residential facility.

ADVERSE EFFECT

Conditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on properties such as, but not limited to, inadequate drainage facilities, unsuitable street grades, street locations that fail to compose a convenient system, and failure to provide or make future allowances for access to the interior portion of adjoining lots or for other facilities required by this chapter.

AFFECTING LANDMARK OR HISTORIC DISTRICT

Any act which alters or changes an historic landmark or an improvement within an historic district.

AFFORDABLE HOUSING

Low-income housing and moderate-income housing as defined by and in accordance with the state Fair Housing Act, N.J.S.A. 52:27D-301 et seq.

AGE-RESTRICTED HOUSING

A residential community designed for senior citizens which shall contain residential dwelling units, open space and social, cultural and recreational facilities. Age-restricted housing may include provisions for food service, housekeeping and maintenance services, health care and social services which may be normal and customary for such facilities. Examples of age-restricted housing are independent or assisted living facilities, congregate senior residences, adult retirement communities and adult intermediate care facilities. Age-restricted housing may include provision of adult day care to qualified nonresidents.

AGGRESSIVE SOILS

Soils which may be corrosive to cast-iron and ductile iron pipe. These soils are typically found in damp areas, swamps, marshes, alkaline soils, cinder beds, polluted river bottoms, etc., which are considered to be potentially corrosive.

AISLE

The traveled way by which cars enter and depart parking spaces.

ALLEY

A minor way serving vehicular traffic circulation to more than one lot at the rear or side of a lot otherwise abutting on a street.

ALTERATION

As applied to a building or a structure, a change or rearrangement in the structural parts in the existing facilities, or means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.

AMENDMENT

Making change to an approved Master Plan or ordinance.

AMERICANS WITH DISABILITIES ACT

The federal Americans with Disabilities Act [NOTE: 42 U.S.C. § 12101 et seq. ("ADA")].

AMUSEMENT GAMES

The following games or amusement devices: video, pinball or similar player-operated amusement devices; electronic or manual games; virtual reality; sports training simulations; games of skill and chance; table-top games such as billiards, ping pong, air hockey and foosball, and; mechanical grab machines. The following uses are excluded from this definition: archery; shooting of firearms, airsoft guns, paintball guns, and BB guns; throwing of knives, hatchets or any other sharp item, and; casino games, slot machines, games of chance or skill that result in monetary or cash prizes.

[Added 3-22-2023 by Ord. No. 1254-23]

AMUSEMENT PARK

A recreational use that is primarily outdoors, that may include structures, buildings, associated retail sales uses and entertainment elements. Components of an amusement park, may include amusement rides, amusement games, retail sale of related goods/souvenirs, shows, entertainment, restaurants and food sales. The following uses are excluded from this definition: archery; shooting of firearms, airsoft guns, paintball guns, and BB guns; throwing of knives, hatchets or any other sharp item, and; casino games, slot machines, games of chance or skill that result in monetary or cash prizes.

[Added 3-22-2023 by Ord. No. 1254-23]

AMUSEMENT PIER

A pier (as defined herein) upon which may be located those commercial uses, but not including residential use(s), associated with amusement and recreation within the limits of this chapter. For the purposes of this chapter, "piers" shall be defined as elevated structures consisting of pilings and decking, with or without other improvements thereon, and projecting east and west from the Boardwalk, whether nor not extending over the water. This definition notwithstanding, the following regulations apply to piers and to at-grade areas below piers. Amusement piers ("piers") are unique structures which play a major role in the attractiveness of the City of Wildwood as an amusement center. They are thus inextricably tied to the economic life of the City. Pier structures constructed along the bay for exclusive use as docks, marinas, fishing, scenic overlooks or other passive recreation shall be governed by the permitted uses for the zoning district from which said pier extends, and shall not be construed as being in part of the Pier Zoning Districts.

AMUSEMENT RIDE

A mechanical, aquatic, or other device or attraction that carries passengers over a fixed or restricted area, primarily for the passenger's amusement.

[Added 3-22-2023 by Ord. No. 1254-23]

ANCILLARY FACILITIES

The buildings, cabinets, vaults, closures and equipment required for operation of cell phone or traditional phone telecommunications systems, including but not limited to repeaters, equipment housing and ventilation and other mechanical equipment.

ANTENNA

Any transmitting or receiving device mounted on a tower, building or structure, and used for communications that radiate or capture electromagnetic waves, digital signals, analogue signals, radio frequencies (excluding radar signals), wireless communications signals or other communications signals. Excepted from this definition are antennas used exclusively by ham radio operators or other residential users.

APPEAL

A request for a review of the Construction Official's interpretation of any provision of this chapter or a request for a variance from the Board of Adjustment.

APPLICANT

The landowner or the agent, optionee, contract purchaser or other person authorized, in writing, to submit an application under this chapter.

APPLICATION FOR DEVELOPMENT

The application or appeal forms, together with the required fees and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, 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. For purposes of this chapter, applications for development shall include applications to the Board of Adjustment for interpretation of the Zoning Map or ordinance or for decisions upon other special questions pursuant to N.J.S.A. 40:55D-70(a) through (d).

APPROVED PLAN

A plan which has been granted final approval by the Planning Board or Board of Adjustment of the City of Wildwood.

APPROVING AUTHORITY

See "board."

APPURTENANCES

The visible, functional, or ornamental objects accessory to and part of buildings.

AQUACULTURE

The farming of aquatic organisms, including fish, mollusks, crustaceans and aquatic plants. Farming implies some form of intervention in the rearing process to enhance production, such as regular stocking, feeding, protection from predators, etc. Farming also implies corporate ownership of the stock being cultured.

AREA OF SPECIAL FLOOD HAZARD

According to the Flood Insurance Rate Map (FIRM) for the City of Wildwood, land areas subject to inundation by a flood that has a 1% probability of being equaled or exceeded in any given year (100-year floodplains) cover the entire area of the City of Wildwood. Specifically, VE Zones are present in the areas closest to the shoreline and are subject to wave action, high-velocity flow, and erosion during the 100-year flood. AE Zones are present on the remainder of Wildwood Crest. These areas are subject to flooding during the 100-year flood (but are less severe than those in VE Zones).

1. AE definition: an area inundated by 1%-annual-chance flooding, for which base flood elevation (BFE) has been determined.

2. VE definition: an area inundated by 1%-annual-chance flooding with velocity hazard (wave action); base flood elevations (BFEs) have been determined.

3. X – definition: an area that is determined to be outside the 1%- and 0.2%-annual-chance flooding.

4. X500 – definition: an area inundated by 0.2%-annual-chance flooding; an area inundated by 1%-annual-chance flooding with average depths of less than one foot or with drainage areas less than one square mile; or an area protected by levees from 1%-annual-chance flooding.

ARTISAN'S DISPLAY

A limited area for showing a representation or sampling of an artist's, artisan's or craftsperson's products, artifacts, artwork, crafts or work; made by the resident artist, craftsperson or artisan; and available for purchase on the site where the contents of said representation or showing are created, made or produced.

ASSISTED LIVING FACILITY

A multiunit residence for otherwise self-sufficient senior citizens providing light to moderate personal care and supervision for self-administered medication and may also provide communal dining, housekeeping services, recreational activities, financial and other social services and transportation.

ASSOCIATION

The entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated.

ATTIC

The open nonhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building.

AUTOMOBILE SALES LOT

An open area, other than a street, which is used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

AUTOMOBILE SERVICE STATION

Any building, land area or other premises or portion thereof used or intended to be used for the retail dispensing or sales of automobile fuels. Automobile service stations may include the following as accessory uses: sales of lubricants, tires, automotive accessories or supplies and the maintenance and minor repair of automobiles.

1. In no case shall automobile wrecking, automobile or auto parts recycling, major repairs, auto body repairs, automobile painting or car washing operations be deemed permissible accessory uses.

2. Similarly, the parking or storing of inoperable, wrecked or unregistered vehicles, the parking or storing of automobiles for hire, automobile parking for fee and the operation of more than one towing vehicle shall not be deemed permissible accessory uses.

3. Automobile repair facilities which do not include the retail dispensing or sales of automobile fuels shall not be considered automobile service stations.

AVERAGE FRONT ALIGNMENT

A distance which is the total front setback distance of all buildings located on the subject lot and as indicated below, as determined from a certified survey provided by the applicant/owner, divided by the total number of buildings. Only lots occupied by buildings are to be counted:

1. For corner lots: the three immediately adjoining occupied lots.

2. For first lot in from corner lot: the corner lot and the two immediately adjoining occupied lots.

3. For all other interior lots: the two immediately adjoining occupied lots on each side.

AWNING

A rooflike cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

BALCONY

A platform or similar structure projecting from the wall of a building enclosed by a railing or parapet.

BAR

A use engaged primarily in the sale or dispensing of alcoholic beverages by the drink.

[Added 3-22-2023 by Ord. No. 1254-23]

BASE FLOOD ELEVATION

A determination of the water surface elevations of the flood level, above sea level, that has a 1% or greater chance of occurrence in any given year, as designated on the most recent FIRM by the FEMA. As defined by FEMA, base flood elevation is height of the base flood, a flood of having 1% chance of being equaled or exceeded in any given year.

BASEMENT

That portion of a building partly below and partly above the average grade of the adjoining ground, and having not less than 1/2 of its height above such average grade.

BEACH

A gently sloping area of sand or other unconsolidated material found on tidal shorelines, including ocean, inlet, bay and river shorelines, that extends landward from the mean high-water line to either the vegetation line, a man-made feature generally parallel to the ocean, inlet, bay or river waters such as a retaining structure, seawall, bulkhead, road or boardwalk, except that sandy areas that extend fully under and landward of an elevated boardwalk are considered to be beach areas; or the seaward or bayward foot of dunes, whichever is closest to the ocean, inlet, bay or river waters.

BEACH BERM

The nearly horizontal part of the beach lying between the crest of the berm and the toe of the primary dune or first paved public right-of-way, whichever is more waterward. The "berm" is the sloping portion of the beach profile from the upper limit of wave uprush to the lower limit of wave rundown at low tide.

BEACH DUNE AREA

The dunes, beach or strand, as herein defined.

BED-AND-BREAKFAST

A portion of a residential building containing not less than three and no more than nine sleeping accommodations without individual cooking facilities wherein the resident owners permit individual rooms therein to be used, let or hired out for compensation for the use of temporary guests for no more than 14 days and wherein home-cooked breakfast meals are served to the guests thereof, typically in a family-style dining setting. A bed-and-breakfast is considered a commercial establishment under this chapter, further subject to City's mercantile licensing requirements.[1]

BEDROOM

A room planned or used primarily for sleeping.

BERM

A mound of soil, seeded and landscaped, either natural or man-made, used to shield an obstruction.

BICYCLE FACILITIES

A general term denoting improvements and provisions made by public agencies to accommodate or encourage bicycling, including parking facilities, mapping all bikeways and shared roadways not specifically designated for bicycle use.

BICYCLE LANE

A portion of a roadway which has been designated by striping, signing and pavement markings for the preferential or exclusive use of bicyclists.

BICYCLE PATH

A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way.

BICYCLE ROUTE

A segment of a system of bikeways designated by the jurisdiction having authority with appropriate directional and informational markers, with or without a specific bicycle route number.

BILLBOARD

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.

BLOCK

A unit of land bounded by streets on both sides of an intervening alley, or by a combination of streets, alleys and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

BOARD

The Planning Board, the Zoning Board of Adjustment and/or the Board of Health of the City of Wildwood, as the case may be.

BOARD OF ADJUSTMENT

The board established pursuant to N.J.S.A. 40:55D-69.

BOARD OF COMMISSIONERS

See "City Commission."

BOARD OF HEALTH

The board established pursuant to Cape May County health regulations.

BOARDWALK

An elevated public right-of-way located along the beach- or oceanfront, constructed of wooden boards and/or concrete and supported by wooden or concrete piles, used for the purpose of pedestrian traffic to promenade along the beachfront and as access to amusement piers, stores and commercial establishments and such other public and semipublic buildings. The definition of "boardwalk" also shall include all appurtenant access ramps and stairs.

BREAKAWAY WALL

A wall or partition, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or other suitable building material, that is not part of the structural support of the building and is intended, through its design and construction, to collapse or break away under specific lateral loading forces, such as abnormally high tides or wave action, without causing damage to the elevated portion of the building or its supporting foundation system.

BREWERY, LIMITED

A limited brewery (1b) licensed by the State of New Jersey pursuant to N.J.S.A. 33:1-10.

[Added 3-22-2023 by Ord. No. 1254-23]

BREWPUB

A restricted brewery (1c) licensed by the State of New Jersey pursuant to N.J.S.A. 33:1-10.

[Added 3-22-2023 by Ord. No. 1254-23]

BRIDGE

A structure designed to convey vehicles and/or pedestrians over a watercourse, railroad, street or any depression.

BUFFER

An area within a property or site, generally adjacent to or parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view, glare of lights, and/or sound from the site to adjacent sites or properties.

BUSINESS OFFICE

A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, reproduction, computer and communications equipment.

[Added 3-22-2023 by Ord. No. 1254-23]

BUILDING

A structure enclosed with exterior walls or fire walls, built, erected and framed of component structural parts, designed for the housing shelter, enclosure and support of individuals, animals or property of any kind. When used herein, "building" and "structure" shall be interchangeable except where the context clearly indicates otherwise.

BUILDING COVERAGE

The ratio of the horizontal area of all principal buildings measured from the exterior surface of the exterior walls of the ground floor on a lot to the total lot area.

BUILDING ENVELOPE

The two-dimensional space within which a principal structure is permitted to be built on a lot and that is defined by minimum yard setbacks.

BUILDING HEIGHT

1. The vertical distance measured to the highest point of the ridgeline for sloped roofs and to the parapet of all flat roofs, from the mean elevation of the curb level [i.e., top of curb ("TOC") (note: the measurement convention preferred by NJDEP)] (or required curb level in the instance where no curb exists) along the side(s) of the building facing the street. Where TOC varies, building height shall be measured from the average of the TOC elevations at points on either end of the length of the subject property or lot and the TOC measurement at the midpoint of the subject property.

2. For buildings or structures whose height is to be measured from the Boardwalk level, such height shall be measured from the average of the Boardwalk-level elevations at points on either end of the length of the subject property and the Boardwalk-level elevation measurement at the midpoint of the subject property.

3. The following structures may be erected above the heights prescribed for the various zoning districts by this chapter: parapets; chimneys; ornamental architectural features such as skylights, spires, domes, cupolas and like and similar features; fully screened open-air equipment such as tanks, ventilation fans, air-conditioning equipment, satellite dishes or similar items required to operate and maintain the development; stair towers, elevator penthouse and mechanical enclosures and safety enclosures of rooftop areas used for sun decks and other recreational purposes may exceed the stated maximum building heights for the particular zoning district, to a maximum of 15% more than the maximum height permitted for use in the district. Antennas, lightning rods, flagpoles and other similar projections shall be exempt from such 15% allowance.

4. The aforementioned provisions are subject to the height limits of § 17-602B.[2]

BUILDING LINE

The line established by this chapter beyond which a building or structure shall not extend or encroach, except where specifically provided for herein. All yard and setback requirements shall be measured to/from the building line.

BULK REGULATIONS

Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverage, setbacks, height, and yard requirements.

BULKHEAD

A structure separating land and water areas, primarily designed to prevent erosion and other damage due to wave, storm, overflow or tidal action.

CABLE TELEVISION COMPANY

A cable television company as defined pursuant to Section 3 of P.L. 1972, c.186 (N.J.S.A. 48:5A-3).

CAFRA

See "Coastal Area Facilities Review Act."

CAFRA CENTERS, CAFRA CORES, AND CAFRA NODES

Those areas within boundaries accepted by the NJDEP pursuant to N.J.A.C. 7:7E-5B.3 et seq.[3]

CAFRA PLANNING MAP

The geographic depiction of the boundaries for coastal planning areas, CAFRA Centers, CAFRA Cores, and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3 et seq.[4]

CALIPER

The diameter of a tree trunk measured in inches a distance of six inches off of the ground.

CANOPY

A self-supporting rooflike shelter or marquee without sides, permanently affixed to the wall of a building and providing overhead protection from the weather at an entrance to said building, which shall be construed to be a part of the building to which it is affixed.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CAPITAL IMPROVEMENT PROGRAM

A proposed schedule of all future capital improvement projects listed in order of construction priority, together with cost estimates and the anticipated means of financing each project.

CARPORT

A roofed structure enclosed on not more than two sides, providing space for the parking of motor vehicles. Where buildings are regulated by toga/stories, a carport constructed as an integral component of the principal structure shall be considered a story.

CARRIER

Company that provides cell phone wireless services.

CARTWAY

The hard or paved surface portion of a street customarily used for vehicles in the regular course of travel and for on-street parking. 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 located within the right-of-way of the street.

CELL PHONE BUFFER AREA

The area surrounding a cell phone telecommunications tower and ancillary facilities which lies between the tower and adjacent lot line and/or land uses.

CELL PHONE TOWER HEIGHT

When referring to a tower, the vertical distance measured from the lowest finished grade or elevation at the base of the tower to the highest point is an antenna.

CELL PHONE TOWER MOUNTS

The structure or surface upon which antennas are mounted, including the following four types of mounts:

1. ROOF-MOUNTED A mount on the roof of a building.

2. SIDE-MOUNTED Mounted on the side of a building.

3. GROUND-MOUNTED Antenna support (tower) mounted on the ground.

4. STRUCTURE-MOUNTED Mounted on a structure other than a building.

CELLAR

That portion of a building partly below and partly above the average grade of the adjoining ground, and having not less than 1/2 of its height below such average grade.

CENTER LINE OFFSET OF ADJACENT INTERSECTIONS

The gap between the center line of roads adjoining a common road from opposite or same sides.

CERTIFICATE OF USE AND OCCUPANCY

The certificate issued by the municipal Building Official which certifies that the building was constructed and completed in accordance with the approved plans and specifications and which certifies compliance with the provisions of the law for the use of the building and thereby permits the occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit.

CERTIFICATION

A signed, written statement by the City Engineer and/or Construction Official that specific constructions, inspections or tests, where required, have been performed and that such comply with the applicable requirements of this chapter or regulations adopted hereunder

CHANGE IN USE

Any use of a building or land which is in any manner different from the previous use by way of function, operation, extent, products sold or manufactured and the like, but not including a change in ownership or occupancy unless the nature of the use, as described above, is changed.

CHANNEL

Any natural or man-made waterway or course through which a constant intermittent flow of water is conveyed.

CHILD-CARE CENTER

1. Any facility which is maintained for the care, development and supervision of six or more children who attend the facility for less than 12 hours a day and which offers such programs as child-care centers, day-care centers, drop-in centers, 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 in the day-care center 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 or centers. Child-care centers for which, upon completion, a license is required from the Department of Human Services pursuant to P.L.1983, c.492 (N.J.S.A. 30:5B-1 et seq.) shall be a permitted use in all nonresidential districts of a municipality. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating, in accordance with N.J.S.A. 40:55D-66.6:

a. Any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under state or local laws or regulations adopted hereunder;

b. The permitted density allowable for that building or structure under any applicable municipal zoning ordinance.

2. Any child-care program approved by a local board of education and operated by the Board or by an approved sponsor in a public school, before or after regular school hours, pursuant to N.J.S.A. 18A:20-34, shall be deemed a permitted use in all residential and nonresidential districts of a municipality and shall be exempt from local zoning restrictions in accordance with N.J.S.A. 40:55D-66.7a.

CIDERY

A cidery (2f) licensed by the State of New Jersey pursuant to N.J.S.A. 33:1-10.

[Added 3-22-2023 by Ord. No. 1254-23]

CIRCULATION

The 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 transshipment points.

CITY

The City of Wildwood, Cape May County, New Jersey.

CITY CLERK

The City Clerk of the City of Wildwood, whose office is assigned to maintain the official files of the municipality.

CITY COMMISSION

The City Commission of the City of Wildwood, which is the chief legislative body of the City, and including the Mayor and two Commissioners. (Note: Within the context of the various sections of this document, the terms "City of Wildwood," "City" and "governing body" shall mean the Board of Commissioners of the City of Wildwood.)

CITY ENGINEER

That person appointed to the position by the City Commissioners.

CITY WEBSITE

Www.wildwoodnj.org.

CLUB and CLUB FACILITIES

The facilities of an organization formed for the primary purpose of fraternal, social, educational, charitable or group activities as opposed to individual or corporate business formed for profit.

CO-LOCATION

The use of a common wireless telecommunications tower or a common structure by two or more wireless license holders or unlicensed holders nevertheless regulated by the Federal Communications Commission or by one wireless license holder for more than one type of communications technology and/or the placement of a wireless telecommunications tower on a structure owned or operated by a utility or other public entity.

COAH

See "Council on Affordable Housing."

COASTAL AREA FACILITIES REVIEW ACT

The New Jersey Coastal Area Facilities Review Act,[5] construed herein to include the Coastal Zone Management Rules and other pertinent environmental regulations promulgated by the New Jersey Department of Environmental Protection.

COASTAL DUNE(S)

A wind- or wave-deposited formation of vegetated or drifting windblown sand, generally parallel to and landward between the inland limit to the beach and the foot of the most inland dune slope; includes primary, secondary and tertiary dunes, where they exist. Formations of sand immediately adjacent to beaches that are stabilized by retaining structures, such as snow fences, planted vegetation and other measures, are considered to be natural dunes, regardless of the degree of modification of the dune. "Dune" shall not include loose windblown sand found in a street or on a part of a structure as a result of wind or storm activity.

COASTAL HIGH HAZARD AREA (V-ZONE)

Areas subject to high-velocity tidal waters, including but not limited to wave heights in excess of three feet or wave run-up or wave-induced erosion, from hurricanes, northeasters, and coastal storms, as designated on the most recent FIRM by the FEMA as Zone V1 through V30, VE, or V.

COASTAL PERMIT

An authorization or permit issued by the Department under this chapter pursuant to any of the following statutes: the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq.; the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq.; or the Waterfront Development Law, N.J.S.A. 12:5-3.

COASTAL ZONE

See "New Jersey Coastal Zone."

COASTAL ZONE MANAGEMENT ("CZM") RULES

N.J.A.C. 7:7E-1 et seq.,[6] as promulgated by the New Jersey Department of Environmental Protection.

COMMERCIAL FLOOR AREA

The floor area available for commercial (retail) activities, including a restroom, excluding stairwells, elevator shafts, equipment rooms, storage rooms, utility rooms, interior vehicular parking and loading areas.

COMMERCIAL VEHICLES

A truck, bus, van, sedan, delivery vehicle, station wagon with advertising matter on the side, or any other commercially used vehicles except a passenger car with no advertising matter exposed to view.

COMMON FACILITIES

Includes but shall not be limited to facilities for the common use of two or more dwellings' units, such as roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas.

COMMON LATERAL

Lateral serving more than one dwelling unit.

COMMON OPEN SPACE

An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMON OWNERSHIP

Ownership of two or more contiguous parcels of real property by one person or by two or more persons or entity owning such property jointly.

COMMUNITY RESIDENCE or COMMUNITY SHELTER

Any community residence or shelter licensed pursuant to P.L. 1977, c.448 (N.J.S.A. 30:11B-1 et seq.) or certified to provide food, shelter, lodging and personal guidance or assistance for persons with head injuries, the developmentally disabled, the terminally ill or victims of domestic violence, to not more than 15 persons, under the standards and procedures established under N.J.S.A. 40:55D-66.2, as amended.

COMPACTION

An increase in soil bulk density.

COMPLETE APPLICATION

An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment, as the case may be, when so certified by the Board or its authorized designee as indicated in Section 800 of this chapter. 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 Board unless the application lacks information indicated on a checklist adopted by Section 800 herein and provided to the applicant and the Board or its authorized designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its designee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the checklist or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.

CONCEPT PLAN

An informal review of a plan for development that carries no vesting rights or obligations on any party.

CONDITIONAL USE

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 chapter, and upon the issuance of an authorization therefor by the Board.

CONDOMINIUM

The form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements, together with an undivided interest in common elements appurtenant to each such unit.

CONDOTEL

A hotel (see definition) that has a portion of the rooms available for ownership as a condominium by individuals within the same building(s) in addition to the hotel use. Such units shall not exceed 75% of the total number of hotel rooms/units. Those units that are owned by individuals within the condotel, may be occupied by the owners of said units for an unrestricted period. Additionally, such units may be offered as hotel lodging to the general public in accordance with the occupancy timeframes for which hotels are subject. The marketing, management and maintenance of such units shall be conducted under the auspices of the hotel management, such that individuals may not market or manage said units independently. Other than the ability to offer a portion of the units for sale to individuals pursuant to the requirements herein, a condotel shall be indistinguishable from a hotel.

[Amended 3-22-2023 by Ord. No. 1254-23]

CONGREGATE SENIOR RESIDENCE

A multiunit residence for self-sufficient senior citizens, providing communal dining, housekeeping services, recreational activities, financial and other social services and transportation.

CONSOLIDATION

The removal of lot lines between contiguous parcels.

CONSTRUCTION OFFICIAL

The City official specified in the Building Code who is charged with administering the Construction Code.[7]

CONSTRUCTION PERMIT

The legal authorization for the erection, alteration or extension of a structure.

CONTIGUOUS LAND AND PARCELS

Tracts of land which share one or more common boundaries.

CONVERSION, DWELLING

The remodeling or alteration of an existing structure so as to accommodate the provisions of more dwelling units than were originally intended. "Dwelling conversion" includes the alteration of a nonresidential structure into a dwelling unit for at least one household, the modification of a single-family structure so as to accommodate two or more dwelling units, and the alteration of multifamily structure so as to accommodate more units than originally intended.

CORE

Pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNCIL ON AFFORDABLE HOUSING

The New Jersey Council on Affordable Housing within the New Jersey Department of Community Affairs ("COAH").

COUNTY

The County of Cape May, State of New Jersey.

COUNTY MASTER PLAN

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.

COUNTY PLANNING BOARD

The County Planning Board, as defined in N.J.S.A. 40:27-6.1, of the county in which the land or development is located. The County Planning Board is also designated as the county review agency to review municipal stormwater management plans and implementing ordinances.

COVERAGE, BUILDING

The square footage or other area measurement by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the foundation, and including the area under any roof extending more than two feet beyond the foundation.

COVERAGE, LOT

The square footage or other area measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s). All parking spaces and lots, paved or unpaved, swimming pools and other bodies of collected water, buildings, roads, driveways and walkways, tennis courts, patios, and any other structure or on-site material or ground condition that does not permit the natural absorption and permeation by soils of water shall be included in the computation of lot coverage.

CRAFT DISTILLERY

A craft distillery (3d) licensed by the State of New Jersey pursuant to N.J.S.A. 33:110.

[Added 3-22-2023 by Ord. No. 1254-23]

CRAWL SPACE

A space between the first finished floor and the average level of the adjoining ground, which usually contains pipes, ducts, and wiring, permits access, and where the distance between the average level of the adjoining ground and the first finished floor is not greater than five feet. A crawl space shall not be considered a story.

CUL-DE-SAC

The turnaround at the end of a dead-end street.

CULVERT

A structure designed to convey a watercourse not incorporated in a closed drainage structure system under a road or pedestrian walkway.

CURB

A stone, concrete, or other improved boundary marking the edge of the roadway or paved area.

DAY-CARE CENTER

An establishment providing for the care, supervision, and the protection of children or adults on a daily basis for a specific period of time.

DAYS

Calendar days.

DEAD-END STREET

A street or portion of a street which is accessible by a single means of ingress or egress.

DECK

An unroofed outdoor extension of a house or other building projecting from a wall of a building that is not enclosed by windows, walls, doors, or screens and is not covered by a roof, for the purpose of outdoor activity by the occupants.

[Amended 8-25-2021 by Ord. No. 1207-21]

DEDICATION

An appropriation of land to some public use made by the owner and accepted for such use by or on behalf of the public.

DEMOLITION

The partial or total razing or destruction of any building structure, or of ally improvement.

DENSITY

The permitted number of dwelling units per gross acre of land area, including streets, easements and open space portions of a development. Typically expressed in terms of dwelling units per acre or square feet.

DESIGN ENGINEER

Person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessary be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGN FLOOD

The relative size or magnitude of a major flood of reasonable expectancy which reflects both flood experience and flood potential and is the basis of the delineation of the floodway, the flood hazard area and the water surface elevations.

DESIGN GUIDELINES

The guidelines that provide a general framework for sound planning.

DESIGN STANDARDS

Standards that set forth specific improvement requirements.

DESIGNATED CENTER

The State Development and Redevelopment Plan Centers as designated by the State Planning Commission, such as urban, regional, town, village and/or hamlet.

DETENTION BASIN

A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property into natural or man-made outlets.

DEVELOPER

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

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or any mining, excavation or landfill, and any use or change in use of any building or other structure or land or extension of use of land for which permission may be required pursuant to this chapter. For purposes of the NJDEP Coastal Permit rules, any activity for which a Wetlands Act of 1970[8] or waterfront development permit is required, including site preparation and clearing. "Development," for an application under CAFRA, means the construction, relocation, or enlargement of the footprint of development of any building or structure and all site preparation therefor, the grading, excavation or filling on beaches and dunes, and shall include residential development, commercial development, industrial development, and public development.

DEVELOPMENT POTENTIAL

The maximum number of dwelling units or square feet of nonresidential floor area that may be constructed on specified lot or in a specified zone under a Master Plan and/or land use regulations in effect on the date of the adoption.

DEVELOPMENT REGULATION

Zoning ordinance, subdivision ordinance, site plan ordinance, Official Map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to this act.

DEVELOPMENT REVIEW COMMITTEE

An advisory committee comprised of a combination of Planning Board members, professionals working for the Planning Board, and City officials 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 chapter, and such other duties relating to the land which may be conferred on this Committee by the Board.

DEVELOPMENT, MAJOR

Any development that provides for ultimately disturbing one or more acres of land.

DISTRICT, ZONING

A specifically delineated area of the territory of the City of Wildwood within which uniform regulations and requirements or various combinations thereof govern the use, placement, spacing and size of the land and buildings a set forth in this chapter.

DISTURBANCE

Placement of impervious surface or exposure and/or movement of soil and/or bedrock, clearing, cutting, or removing vegetation.

DIVIDED STREET

A street having an island or other barrier separating opposing moving lanes.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE AREAS

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

DRAINAGE FACILITY

Any component of the drainage system.

DRAINAGE OR UTILITY RIGHT-OF-WAY

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 watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

DRIVEWAY

A means of ingress and egress for vehicles to and from a property.

DRIVEWAY, CIRCULAR or CIRCULAR DRIVES

A paired, one-way means of ingress and egress to a surface parking lot, usually located at the rear of a building. Circular drives shall be, at a minimum, 12 feet wide.

DROP MANHOLE

An inspection chamber used at changes in horizontal and/or vertical directions for underground utility conduits where the incoming conduit is two feet or more above the elevation of the discharge conduit.

DROP PIPE

A vertical pipe used to convey sewage from a higher to a lower elevation.

DUMP

A lot of land or a portion thereof used for the primary purpose of disposing garbage or waste material of any kind.

DUNE

See "coastal dune(s)."

DWELLING or DWELLING UNIT

A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling shall be self-contained and shall not require passing through another dwelling unit or indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.

1. For the purposes of this chapter, the following define structural types of dwelling and, unless otherwise indicated, do not address ownership form. Pursuant to N.J.S.A. 40:55D-58, all development regulations pursuant hereto shall be construed and applied with reference to the nature and use of a condominium or cooperative structure or use without regard to the form of ownership. Accordingly, any of the following structural types of dwelling units may be held in fee simple, condominium or cooperative ownership (i.e., apartments may be owner-occupied as condominiums or rented as traditional apartments; townhouses may be owned under a condominium, fee simple or other arrangement). Nothing herein shall preclude a single dwelling unit within such structure from occupying more than one floor. However, no dwelling unit shall occupy less than an "entire floor" (defined as the area of the total footprint of the building).

DWELLING UNIT, EFFICIENCY

An efficiency dwelling unit (also known as a studio dwelling unit) is a dwelling unit that has:

[Added 3-22-2023 by Ord. No. 1254-23]

1. One room having combined living, sleeping and kitchen facilities; or

2. One room having combined living and sleeping facilities with a separate room containing kitchen facilities.

EASEMENT

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.

EASEMENT, CONSERVATION

The grant of a property right stipulating that the described land will remain in its natural state and precluding future or additional development.

EDUCATIONAL INSTITUTION

Any public or private educational institution normally subject to regulations prescribed by the State of New Jersey.

EFFECTIVE DATE

Date of this chapter being adopted by the governing body of the City.

ELEVATION

A vertical distance above or below a fixed reference level; a fully dimensioned drawing of the front, rear, or side of a building, showing features such as windows, doors, and relationship of grade to floor level.

EMERGENCY SPILLWAY

A supplemental spillway whose function is to pass the design storm flows in the event the principal spillway fails to operate as designed or is blocked.

ENLARGEMENT

An increase in the size of an existing structure or use, including physical size of the property, building, parking and other improvements.

ENVIRONMENTAL COMMISSION

A City advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.

ENVIRONMENTAL IMPACT AND ASSESSMENT (EIA)

A statement of environmental impact and assessment which for the purpose of this chapter shall consist of studies, reports, documents, maps and findings of fact prepared by an applicant as part of a development application. Said EIA shall be consistent with and shall contain all that information, data and documentation contained in this chapter.

ENVIRONMENTALLY CRITICAL AREAS

An area or feature which is of significant value, including but not limited to: stream corridors, natural heritage priority sites, habitat of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the NJDEP's Landscape Project mapping.

ERECT

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.

EROSION

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

EROSION AND SEDIMENT CONTROL PLAN

A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the Cape/Atlantic Soil Conservation District pursuant to N.J.S.A. 4:24-2 et seq., the New Jersey Soil Erosion and Sedimentation Control Law.

ESCROW

A deed, bond, money, or a piece of property delivered to a third person to be delivered by him/her to the grantee only upon fulfillment of a condition.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories, reasonably necessary for the furnishing of adequate service to the zone or neighborhood where located by public utilities, municipal or other governmental agencies. Essential services shall include first aid and emergency aid squad buildings.

ESTABLISHMENT

One place of business, or one permanent usage.

EXCAVATION

The extraction of sand, gravel, earth or any other material.

EXCEPTION

Permission to depart from the design standards in the chapter.

EXISTING GRADE

The vertical location of the ground surface prior to excavating or filling.

EXTERNALLY LIGHTED

Any sign whose sole source of artificial illumination is outside the display portion of the sign.

FACADE SIGN

Any sign attached to or painted on the building.

FALL ZONE

The area on the ground within a prescribed radius from the base of a wireless cell phone telecommunications tower. The "fall zone" is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

FAMILY DAY-CARE HOME

1. Any private residence of a family day-care provider which is registered as a family day-care home pursuant to the "Family Day Care Provider Registration Act," P.L.1987, c.27 (N.J.S.A. 30:5B-16 et seq.) and approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day 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. A 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.

2. Family day-care homes shall be a permitted use in all residential districts of a municipality. The requirements for family day-care homes shall be the same as for single-family dwelling units located within such residential districts. Any deed restriction that would prohibit the use of a single-family dwelling unit as a family day-care home shall not be enforceable unless that restriction is necessary for the preservation of the health, safety, and welfare of the other residents in the neighborhood, in accordance with N.J.S.A. 40:55D-66.5B.

FAST FOOD ESTABLISHMENTS

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.

FCC

The Federal Communications Commission.

FEMA

The Federal Emergency Management Agency.

FENCE

A structure erected as a barrier to access to or from a part or whole of a property, including walls, screens or hedges intended to be a fence.

FILLING

The depositing of sand, gravel, earth or any other material.

FINAL APPROVAL

The official action of the 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.

FINAL PLAN

The final map of all or a portion of a development which is presented to the Board for final approval in accordance with these regulations and which, if an approved subdivision, shall be filed with the proper county recording officer.

FINANCIAL INSTITUTIONS

Any structure wherein business of primarily a financial nature is transacted, such as: banks, savings and loans, mortgage companies and similar institutions.

FINISH FLOOR ELEVATION

The elevation above base flood elevation as determined by FEMA Flood Insurance Rate Mapping.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of tidal waters; or

2. The unusual and rapid accumulation of runoff of surface waters from any source.

FLOOD INSURANCE RATE MAP (FIRM)

The Official Map on which the FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the City of Wildwood.

FLOODPLAIN

The relatively flat area adjoining the channel of a natural stream or body of water which has been or may be covered by floodwater.

FLOOR AREA RATIO (FAR)

The actual sum of the area of all floors of buildings or structures on the lot- or tract-occupied area fully enclosed by the inside surfaces of walls, windows, doors and partitions compared to (divided by) the total area of the lot or tract, including working, living, bathroom, eating, cooking and sleeping areas, but excluding any type of parking garages/structures built as part of or separately from the principal building, carports, parking spaces, halls, storage areas, closets, cellars, half stories and unfinished attics and unfinished and inhabitable basements. Basements which satisfy applicable construction code definitions of habitable space are included NHFA. Habitable floor area shall also include all roofed areas, including roofed porches, decks and patios, regardless of the number of walled sides.

FOOTPRINT OF DEVELOPMENT

The vertical projection to the horizontal plane of the exterior of all exterior walls of a structure.

FREESTANDING SIGN

A sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure.

[Added 3-22-2023 by Ord. No. 1254-23]

FUNCTIONALLY EQUIVALENT SERVICES

Cellular radio, personal communication service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.

GARAGE, PRIVATE

An accessory building or structure or portion of a principal building or structure used for the storage of four or fewer passenger motor vehicles owned by the occupants of the principal building or structure without the provision for repairing or servicing such vehicles for profit and in which no occupation, business or service for profit is carried on. Parking shall only be allowed in front of a garage if the motor vehicle does not encroach upon public property.

GARAGE, PUBLIC PARKING

Any building, structure or enclosure, or any portion thereof, where privately owned motor vehicles may be parked, stored, housed or kept, for which any charge is made, and which is operated and advertised (signed) as having parking spaces available to the general public.

GARAGE, REPAIR

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.

GARDEN APARTMENTS

Multifamily structures designed to resemble townhouses, except that multiple garden apartment buildings may be constructed on a single lot and further except that dwelling units in garden apartments may be placed in a horizontal configuration (i.e. one dwelling unit above the other for a maximum of one first-floor unit and one second-floor unit).

1. Individual garden apartment buildings shall contain not less than three and not more than eight pairs of stacked dwelling units. Each dwelling unit shall have its own sleeping, cooking, sanitary and general living facilities.

2. Subject to applicable building controls, multiple garden apartment buildings may be constructed on a single lot.

3. Each garden apartment dwelling unit shall be a minimum of 800 square feet. Off-street parking for garden apartments shall be to the rear of the buildings and shall be accessible from common driveways.

GAZEBO

A small building usually roofed but without walls, placed on the grounds of residential property as a decorative architectural feature, having no utility services.

GOVERNING BODY

See "City Commission."

GOVERNMENTAL AGENCY

The government of the United States, the State of New Jersey, or any other state, or a political subdivision, authority, agency or instrumentality thereof, and shall include any interstate agency or authority.

GRACE PERIOD

The period of time afforded under the Grace Period Law, N.J.S.A. 13:1D-125 et seq., for a person to correct a minor violation in order to avoid imposition of a penalty that would otherwise be applicable for such violation.

GRADE

A reference plane representing the average of finished ground elevation adjoining a building at all exterior building corners.

GRADED AREA

As it pertains to streets, land adjacent and parallel to the cartway within the right-of-way which must be flattened or leveled to the same width and cross slope as a sidewalk, if a sidewalk had been required at that location.

GRADING

Leveling off to a smooth horizontal or sloping surface.

GROUND COVER

Grasses or other plants and landscaping grown or placed to keep soil from being blown or washed away.

GROUND FLOOR

The first floor of a building, other than a cellar or basement.

GROUP HOME

Includes any single-family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commissioner of Institutions and Agencies; provided, however, that no group home shall contain more than 12 children.

GUTTER

A shallow channel, usually set along a curb or the pavement edge of a road, for purposes of catching and carrying off runoff water.

GUYED TOWER

The tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.

HABITABLE FLOOR AREA

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.

HABITABLE STRUCTURE

A structure that is able to receive a certificate of occupancy from the municipal construction code official, or is demonstrated to have been legally occupied as a dwelling unit for the most recent five-year period.

HARD SURFACE

As used herein, is defined as paving and base courses for parking, as follows:

1. Bituminous concrete, laid hot or cold, a minimum depth of two inches on a compacted base.

2. Concrete, a minimum depth of four inches.

HEALTH CLUB/SPORTS CLUB/GYM

A commercial use including equipment and space for the purposes of physical exercise that may include instructional classes, nutritional services, sales of associated products, spa services, health checkups and similar life balance activities.

[Added 3-22-2023 by Ord. No. 1254-23]

HIGH-RISE, MULTIFAMILY RESIDENTIAL BUILDINGS

A multistory, multifamily structure designed for residential occupancy by more than four independent families or housekeeping units, situated on a single lot (in the case of apartments) or on a common lot with multiple internal lots (in the case of condominiums), and having vertical and/or horizontal common party walls (i.e., dwellings next to and above one another). Each dwelling unit within such a structure shall have independent sleeping, cooking, sanitary and general living facilities. High-rise, multifamily residential building can be also universally referred as a "condotel."

1. Such structures may contain dwelling units for rent (apartments), ownership (condominiums) or both, shall have a common entrance (typically with lobby area) and shall conform with the applicable building regulations of Section 403(E)(5).[9]

2. Reference § 414H5 for minimum dwelling unit regulations.

HISTORIC DISTRICT

The one or more historic sites and intervening or surrounding property designated as an historic district, graphically depicted on Exhibit 401 herein.[10]

HISTORIC LANDMARKS (OR SITE)

Any buildings, structures, sites, objects or districts which possess integrity of location, design, setting, materials, workmanship of association, and which have been determined, pursuant to the terms of this section, to be:

1. Of particular historic significant to the City of Wildwood by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state or community; or

2. Associated with historic personages important in national, state or local history; or

3. An embodiment of the distinctive characteristics of a type, period or method of architecture or engineering; or

4. Representative of the work of an important builder, designer, artist or architect; or

5. Significant for containing elements of design, detail, materials or craftsmanship which represent a significant innovation; or

6. Able or likely to yield information important in prehistory or history.

HOME OCCUPATION

An occupation, including, but not limited to, any licensed profession, conducted in a dwelling unit, subordinate to its residential use, provided that:

1. Such occupation may be pursued in the principal dwelling unit structure or in a secondary building which is accessory to such principal building or structure.

2. The use of the property for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the net habitable floor area of all structures shall be used in the conduct of the home occupation.

3. No person other than members of the household residing on the premises, plus one nonresident employee, shall be engaged in the occupation at such site.

4. The residential character of the lot and building shall not be changed; no occupational sounds shall be audible outside the building; and no equipment shall be used which will cause interference with radio or television reception in neighboring residences.

5. No display of products shall be visible from the street, nor shall any materials be stored outside the dwelling unit.

6. The home occupation shall not generate the business or care of more than two clients at any one time, which shall be by appointment only.

7. The home occupation shall not include the breeding, raising, care, boarding or maintenance of animals.

8. The home occupation shall not necessitate parking of more than one vehicle at any time, in addition to those ordinarily used by the residents of the home and the single nonresident employee. Said vehicle shall be limited to passenger automobile or other vehicles not exceeding a three-quarter-ton capacity and must be parked off street. The home occupation shall not reduce the parking or yard requirements of the dwelling. There may be parked on the premises not more than one vehicle owned or operated in conjunction with the home occupation. No vehicle(s) owned or operated in conjunction with the home occupation shall be parked overnight, stored or repaired, and no such vehicle(s) shall be parked overnight or stored on a street.

a. There shall be no exterior evidence of the home occupation other than one unlighted nameplate sign identifying the home occupation, which sign shall not exceed two square feet in sign area. Such sign may be building-mounted or freestanding. If freestanding, such sign shall not be higher than three feet in total height, including all elements of the supporting structure, shall be located not less than five feet from all property lines and, if a corner property, shall not be located within a sight triangle.

9. The applicant shall have applied for and received minor site plan approval from the Board in accordance with the applicable requirements of this chapter.

HOMEOWNERS' ASSOCIATION

A community association, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.

HOSPITAL

Unless otherwise specified, an institution providing medical, surgical, psychiatric or obstetrical care on an around-the-clock, inpatient and/or outpatient basis for the diagnosis, treatment or care of the general public suffering from disease, injury or other abnormal physical conditions for human beings. A hospital may include integral support facilities. The term "hospital" shall not include the offices of a doctor.

HOTEL

An establishment providing, for a fee, sleeping accommodations and customary lodging services, but in any case without lease, for occupancy in periods of not less than one night and not more than 30 continuous nights. Not more than one unit may be used for a resident manager. Resident management shall not be subject to the occupancy time limitation. A hotel shall include maid service, the furnishing and upkeep of furniture and bed linens, and telephone and desk service. Related ancillary uses may include, but shall not be limited to, conference and meeting rooms, restaurants, bars, and indoor and outdoor commercial recreational facilities. For the purposes of this definition, a motel is the same as a hotel. Hotels shall:

[Amended 3-22-2023 by Ord. No. 1254-23]

1. Contain one or more public lobby or public registration (check in) and information station (front desk) serving the guest rooms;

2. Have full time, on site staff and management;

3. Not contain laundry facilities (other than an iron/ironing board) in guest rooms;

4. Other than a coffee maker, small (typical bar-size) refrigerator, microwave or honor bar, no hotel guest rooms shall contain facilities for the preparation, cooking or heating of food.

HOUSE OF WORSHIP

A building or structure, or groups of buildings or structures that by design and construction are primarily intended for conducting organized religious services and associated accessory uses. Such accessory uses shall include, but not be limited to, food pantries, food banks, soup kitchens, counseling, support group meetings, and like and similar activities.

HOUSEBOATS

A waterborne 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 chapter.

HOUSEHOLD

A family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.

HOUSEKEEPING UNIT

One or more persons living together in a single dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.

IMPERVIOUS COVERAGE

Any material which generally reduces or prevents absorption of stormwater into the ground, including but not limited to buildings, parking areas, driveways, sidewalks, paving and patios.

IMPROVED LOT

A lot upon which exists a principal structure or building.

IMPROVED PUBLIC STREET

For subdivision purposes or site plan, any street which complies in width and construction with municipal standards.

IMPROVEMENT

Any structure or any part thereof constructed or 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.

INDEPENDENT LIVING FACILITY

An age-restricted planned residential development that emphasizes social and recreational activities but may also provide communal dining, personal services, limited health facilities and transportation. Also known as an "adult retirement community."

INFILTRATION

Is the process by which water seeps into the soil from precipitation or channeled through a detention basin to recharge.

INN

A portion of a residential dwelling unit containing not more than 12 sleeping accommodations without individual cooking facilities wherein nonresident owners permit individual rooms therein to be used, let or hired out for compensation for the use of temporary guests for no more than 14 days and wherein home-cooked meals are served to the guests thereof, typically in a family-style dining setting.

INSTITUTION

An organization founded for the promotion of a cause; typically formed as a medical, educational, correctional, religious, or social service organizations serving the public at large and chartered as a public, governmental or charitable institution.

INTERESTED PARTY

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 chapter, 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 chapter, 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 chapter.

INTERMEDIATE CARE FACILITY

A licensed or otherwise state-approved residential facility providing personal care (dressing, eating, and health-related care or services) on a regular basis to individuals who require such assistance but who do not require the level of care of a nursing home (as defined).

ISLAND

Shall have the same meaning as "the Wildwoods" in general context.

JUNKED MOTOR-VEHICLE

Any motor vehicle or part thereof left unattended or parked, either on private property or on a public right-of-way, where two or more of the following conditions apply: expired inspection sticker of 30 days or more; removed inspection sticker; no license plates; no registration or expired registration, incapable of operation, broken glass or one or more flat tires.

JUNKYARD or SALVAGE YARD

Any area and/or structure, whether open or enclosed, which is used or is intended to be used for conducting and operating the business of buying, selling, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.

LAND

Includes improvements and fixtures on, above or below the surface.

LAND DEVELOPMENT ORDINANCE

The ordinance regulating land use and development in and for the City of Wildwood, as amended from time to time.

LANDSCAPE BUFFER or LANDSCAPE SCREEN

A visual barrier at least five feet in width between adjoining lots or site uses composed of evergreen growth, earthen berms and/or other planted material arranged to form a low-level separation between such lots or uses. The density and height of such material shall be determined by the Board at time of approval, within the context of the subject project and the buffer/screen required.

LANDSCAPE PLAN

A plan prepared by a authorized professional which shows the location and sizes of existing shade and ornamental trees and shrubs which are proposed to be retained, removed, thinned, or pruned; the location and quantity of all proposed planting material; a planting list or schedule indicating the botanical and common names of all proposed plant material, their minimum size at the time of installation, root condition and spacing; planting details indicating the method of plant installation, including backfill mixture, staking, trunk protection, etc.; areas to be sodded or seeded with turf or other seed mix, to include the rate of seeding, methods of soil preparation and stabilization, type and amount of fertilizer, topsoil or soil treatment to be applied; and areas proposed for wildlife protection and wetlands restoration through the use of native plantings of trees, shrubs, grasses, wildflowers, ferns and other plant materials, staking, trunk protection, etc.; areas to be sodded or seeded with turf, wildflower or other seed mix to include the rate of seeding, seeding specifications, methods of soil preparation and stabilization, type and amount of fertilizer, topsoil or soil treatment to be applied; and areas proposed for wildlife protection and restoration through the use of native or indigenous plantings of trees, shrubs, grasses, wildflowers, ferns and other plant materials. Said plantings on all landscape plans shall have a minimum life span of three years.

LANDSCAPING

For the purpose of determining compliance with the minimum landscape requirements in the City's zones, landscaping shall be limited to vegetative cover, including grass, shrubs and trees. Areas devoted to parking and walkways, driveways and patios shall not count toward this requirement whether impervious or not. Areas under projections and cantilevers, except roof overhangs, shall not count.

LANE, ACCELERATION AND DECELERATION

Lanes adjacent to the primary cartway and attached thereto for the use only by vehicles entering, leaving or preparing to cross a lane of forward travel without interrupting the flow of traffic.

LATERALS

In regards to plumbing/sewer, pipes conducting sewage from individual buildings to larger pipes called "trunk" or "interceptor" sewers that usually are located in street rights-of-way.

LATTICE TOWER

A freestanding tower designed with multiple legs and cross-bracing of structural steel used as part of a wireless/local communication facility.

LEED

Leadership in Energy and Environmental Design.

LINEAR DEVELOPMENT

A development with the basic function of connecting two points, such as a road, drive, public walkway, railroad, sewerage pipe, stormwater management pipe, gas pipeline, water pipeline, or electric, telephone or other transmission lines.

LOADING SPACE

An off-street parking space or berth, either within a structure or in the open and on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading, with at least 12 feet of vertical clearance but, in any case, sufficient clearance for the use intended. The minimum size loading space shall be 12 feet by 30 feet.

LOCAL COMMUNICATIONS FACILITY

An antenna and any support structure, together with any accessory facilities, which is intended to serve a limited, localized audience through point-to-point communications, including cellular telephone calls, paging systems and dispatch communications. It does not include radio, television, and cable television broadcasting facilities or microwave transmitters.

LOCAL UTILITY

Any sewerage authority created pursuant to the "Sewerage Authorities Law," P.L. 1946, c.138 (N.J.S.A. 40:14A-1 et seq.); any utilities authority created pursuant to the "Municipal and County Utilities Authorities Law," P.L.1957, c.183 (N.J.S.A. 40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.

LOCKOUT UNIT

A hotel unit arrangement whereby two adjacent units are separated by a common, intra-unit lockable door which, when unlocked and opened, creates a multibedroom suite from the two separate units. Each individual unit retains separate bathroom facilities and an independent door to the corridor to allow them to be occupied separately.

1. The concept of a lockout unit has been developed to service the need for hotel high-rise structures, and typically consists of a 600 square feet to 800 square feet, one bedroom unit with full kitchen adjacent to a 300 square feet to 400 square feet one-bedroom unit configured as a typical hotel room, often with an efficiency kitchen. The owner of the lockout unit could choose to occupy the entire two-bedroom unit as a suite or to occupy the one-bedroom portion and place the hotel unit in a rental pool.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit, provided that no portion of an existing public right-of-way shall be included in calculating a lot boundary or lot area. The word "lot" includes the words "plot" and "premises."

LOT AREA

The area contained within the lot lines of a lot, not including any portion of a right-of-way. No greater than 10% of a lot's lot area may be underwater.

LOT COVERAGE

The percentage of the lot area which is covered by buildings and impervious surfaces.

LOT DEPTH

The perpendicular distance between the street line or front lot line and a line drawn parallel thereto through the midpoint of the rear lot line.

LOT FRONTAGE

The distance between the side lot lines measured along the street line. The minimum lot frontage shall be the same as the minimum lot width, except where the lot frontage is a curve with an outside radius of less than 500 feet, the minimum lot frontage shall not be less than 75% of the minimum lot width. In the case of a corner lot, either side may be considered the "lot frontage," provided that the minimum frontage requirement is met for the zone in which the lot is located.

[Amended 8-25-2021 by Ord. No. 1207-21]

LOT LINE

Any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street. See "property line."

LOT, CORNER

A lot abutting the intersection of two or more rights-of-way, where the interior angle of the 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 development or for a construction permit, whichever shall occur first.

LOT, INTERIOR

A lot other than a corner lot.

LOT, WIDTH

See "lot frontage."

LOWEST FLOOR

The lowest level of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement. Finished floor is not considered a building's lowest floor, provided that such enclosure complies with the applicable construction standards of the coastal flood hazard section.[11]

MAIN

In regards to plumbing/sewer, in any system of continuous piping, the principal artery of the system to which branches may be connected.

MAINTENANCE GUARANTEE/SURETY

Any security which may be accepted by the City for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash. Maintenance guarantee/surety is in addition to the posting of a performance guarantee/surety and as condition of release of same. The sum of the guarantee/surety shall be 10% of the approved engineer's estimate. Public utilities are exempt from posting a maintenance guarantee/surety. Maintenance guarantee/surety shall be imposed for one year following the completion of construction.

MAJOR SITE PLAN

See "site plan, major."

MAJOR SUBDIVISION

See "subdivision, major."

MALL

A public promenade or pedestrianway which may be enclosed or open.

MAN-MADE LAGOON

An artificially created linear waterway sometimes branched, ending in a dead end with no significant upland drainage. Lagoons have been created through dredging and filling of wetlands, bay bottom and other estuarine water areas for the purpose of creating waterfront lots for residential development adjacent to the lagoon. A natural waterway which is altered by activities, including, but not limited to, filling, channelizing, or bulkheading, shall not be considered a man-made lagoon, nor shall a bulkheaded boat slip be considered a lagoon.

MANHOLE

In regards to plumbing/sewer, an inspection chamber located at changes in horizontal and vertical directions for underground utility conduits whose dimensions allow entry, exit, and working room.

MANUFACTURING

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.

MARINA

A harbor, inlet or boat basin devoted to the purpose of providing docks, berths, slips or tie-ups for boats and watercraft and for providing sales and services for said boats and craft. A marina can be land- or water-based and may provide a land area for storage of said watercraft on a seasonal or annual basis.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.

MAYOR

The chief executive of the municipality, whatever his official designation may be, except that in the case of municipalities governed by municipal council and municipal manager, the term "mayor" shall not mean the "municipal manager" but shall mean the Mayor of such municipality.

MEADERY

A meadery (2f) licensed by the State of New Jersey pursuant to N.J.S.A. 33:1-10.

[Added 3-22-2023 by Ord. No. 1254-23]

MEDIAN

That portion of a divided highway separating the traveled ways of traffic proceeding in opposite directions.

METHADONE CLINIC

A facility offering outpatient methadone maintenance services. Consistent with N.J.S.A. 40:55D-66.10, a methadone clinic is deemed to be a business or commercial operation or the functional equivalent thereof and shall not be construed as ancillary or adjunct to a doctor's professional office.

MINOR SITE PLAN

See "site plan, minor."

MINOR SUBDIVISION

See "subdivision, minor."

MIXED USE

Two or more different uses on one parcel of land.

MONOPOLE

A type of freestanding tower with a single shaft of wood, steel, or concrete and a platform (or racks) for antenna arrayed at the top or 3/4 to the top of the pole. Pole is usually used to personal communications (cellular telephone service).

MOTORBOAT

Any vehicle which is primarily operated on water or which does operate on water, such as boats, barges, amphibious craft or hovercraft, and which is propelled by mechanical power.

MULCH

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, prevent weeds from growing, hold the soil in place, and aid plant growth.

MULTIFAMILY

A building containing multiple dwelling units which are occupied or intended to be occupied exclusively for residential purposes by three or more housekeeping units living independently of each other and each with its own cooking and sanitary facilities.

MUNICIPAL AGENCY

The Planning Board, Board of Adjustment, Board of Health or City Commission of the City of Wildwood, or any other agency created by or responsible to the City of Wildwood, when acting pursuant to N.J.S.A. 40:55D-1 et seq. and applicable ordinances of the City of Wildwood.

MUNICIPAL LAND USE LAW

The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. ("MLUL").

MUNICIPAL RESIDENT

A person who is domiciled in the municipality.

MUNICIPALITY

The City of Wildwood.

MUSEUM

A use serving as a repository for a collection of historic, natural, scientific, cultural or literary curiosities or objects of interest, or works of art, which is arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include the sale of associated goods to the public, gardens, courtyards, restaurant/dining and other customary elements.

[Added 3-22-2023 by Ord. No. 1254-23]

NAVIGABLE WATERS

Waters capable of being traversed by water pleasure craft.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or before December 21, 1982, the effective date of a predecessor Floodplain Management Ordinance or coastal flood hazard protection section of the ordinance adopted by the City of Wildwood.

NEW JERSEY COASTAL ZONE

The New Jersey coastal zone, which is defined as: the coastal area defined in the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq.; coastal waters, which are any tidal waters of the state and all lands lying thereunder (coastal waters of the State of New Jersey extend from the mean high-water line out to the three-geographical-mile limit of the New Jersey territorial sea, and elsewhere to the interstate boundaries of the States of New York and Delaware and the Commonwealth of Pennsylvania); all lands outside of the coastal area as defined by CAFRA extending from the mean high-water line of a tidal water body to the first paved public road, railroad or surveyable property line existing on September 26, 1980, generally parallel to the waterway, provided that the landward boundary of the upland area shall be no less than 100 feet and no more than 500 feet from the mean high-water line; all areas containing tidal wetlands; and the Hackensack Meadowlands District as defined by N.J.S.A. 13:17-4.

NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS (NJDCA)

The New Jersey Department of Community Affairs and, by extension, the individual divisions and/or offices therein, including the Office of Smart Growth.

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION (NJDEP)

The New Jersey Department of Environmental Protection and, by extension, the individual divisions therein, including the Land Use Regulation Program, responsible for implementing the Coastal Zone Management Rules other environmental regulations.

NEW JERSEY DEPARTMENT OF TRANSPORTATION (NJDOT)

The New Jersey Department of Transportation and, by extension, the individual divisions and/or offices therein.

NEW JERSEY OFFICE OF SMART GROWTH (NJOSG)

The Office of Smart Growth (formerly known as the "Office of State Planning") within the New Jersey Department of Community Affairs.

NJDCA

See "New Jersey Department of Community Affairs."

NJDEP

See "New Jersey Department of Environmental Protection."

NJDEP, SAFE DRINKING WATER PERMIT

A permit necessary for certain potable water supply installations.

NJDEP, TWA

An NJDEP Treatment Works Approval. A permit necessary for certain sanitary sewer installations.

NJDOT

See "New Jersey Department of Transportation."

NJOSG

See "New Jersey Office of Smart Growth."

NONCONFORMING BUILDING OR STRUCTURE

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

NONCONFORMING LOT

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

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, 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.

NONCONFORMING SIGN

Any sign lawfully existing on the effective date of an ordinance, or any amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of this Land Development Ordinance.

NUISANCE

An offensive, annoying, unpleasant or obnoxious thing or practice; a cause or source of an annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristic of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as and including but not limited to: noise; dust; smoke; fumes; odor; glare; flashes; vibration; shock waves; heat; electronic or atomic radiation; objectionable effluent; noise of congregation of people, especially at night; traffic; transportation of things by truck, rail or other means; and invasion of nonabutting street frontage by parking.

NURSING HOME or NURSING FACILITY

A licensed or otherwise state-approved facility providing health care under medical supervision for residents. Also known as a "rest home," "convalescent home," "long-term care facility" or an "extended care facility."

OBJECT

A thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.

OFF TRACT

Not located on the property which is the subject of a development application or on the closest half of the abutting street or right-of-way abutting the property of which the lot is a part.

OFFICE BUILDING

A structure where over half the floor area is utilized for the carrying out of consultation, recordkeeping or clerical work or as a place where a professional conducts his business.

OFFICES

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.

OFFICIAL COUNTY MAP

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

OFFICIAL MAP

A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq.

OFFLOADING PARKING SPACE

See "loading space."

OFF-SITE

Located outside the lot lines of the property in question but within the property (of which the lot is a part) which is the subject of a development application, or on the closest half of the street or right-of-way abutting the property of which the lot is a part.

OFF-STREET PARKING SPACE

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.

ON-SITE

Located on the lot in question and excluding any abutting street or right-of-way.

ON-STREET PARKING SPACE

A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.

ON-TRACT

Located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.

OPEN SPACE ORGANIZATION

An incorporated, nonprofit organization operating development under a recorded land agreement for the purposes of owning and maintaining the development's common open space, providing that each owner of the development 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 City; and each owner and tenant of the development has the right to use the common open space.

OPEN SPACE

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

OUTBUILDING

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 toolshed.

OUTDOOR STORAGE

The keeping in an unenclosed area of any goods, material, merchandise, or vehicles in the same place for more than 24 hours.

OVERLAY ZONE

An area designated by the land use and development regulations which covers a portion of, or all of, one or more underlying zone districts. Within an overlay zone, development is subject to the control of certain additional uniform regulations and requirements which supplement the underlying zone requirements and standards.

OWNER

An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek or authorize development of land under this chapter.

PARAPET

The extension of the main walls of a building above the roof level.

PARKING FACILITY

Any public or private parking area or garage.

PARKING LOT

A ground-level, usually surfaced open area that provides storage for motor vehicles.

PARKING SPACE

An area not less than nine feet wide by 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. A parking space is intended to be sufficient to accommodate the exterior extremities of the vehicle, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the 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.

PARTIAL DESTRUCTION

A building or structure that because of fire, flood, explosion or other calamity requires rebuilding, the value of which is less than half of the building's assessed valuation.

PARTY, IMMEDIATELY CONCERNED

For purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.

PATIO

A level, surfaced area directly adjacent to a principal building at or within 10 inches of existing grade, not covered by a permanent roof and used primarily for passive recreation.

PEDESTRIAN GENERATOR

A development which will realize high facility usage by persons arriving on foot.

PERFORMANCE GUARANTEE/SURETY

Any security, in accordance with the requirements of this chapter, which may be accepted by the City, subject to review and approval by the City Attorney and Engineer, in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including, but not limited to, surety bonds, performance bonds, letters of credit, escrow agreements and other similar collateral or surety agreements, under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.

PERMANENT DEVELOPMENT

The construction, reconstruction, conversion, structural alteration, or relocation of any building or other structure which requires a foundation to be installed below the surface of the ground and that requires a construction permit or certificate of use or occupancy issued by the appropriate City office(s).

PERMITTED USE

Any use of land or buildings as permitted by this chapter.

PERSONAL WIRELESS SERVICE FACILITY

A facility for the provision of personal wireless services (i.e., cell phone), as defined by the Telecommunications Act of 1996.[12]

PERVIOUS SURFACE

Any surface that permits a significant portion of surface water to be absorbed.

PIER

An elevated structure, extending over land or water, for use as a docking place or promenade. No type of residential use maybe located on any pier, regardless of location within the City of Wildwood. Amusement piers ("piers") are unique structures which play a major role in the attractiveness of the City of Wildwood as an amusement center. They are thus inextricably tied to the economic life of the City. Pier structures constructed along the bay for exclusive use as docks, marinas, fishing, scenic overlooks or other passive recreation shall be governed by the permitted uses for the zoning district from which said pier extends, and shall not be construed as being in part of the Pier Zoning Districts. See also separate definition for "amusement piers."

PLANNING BOARD

The municipal Planning Board of the City of Wildwood, established pursuant to N.J.S.A. 40:55D-23 and Section 300 herein.

PLAT

A map or maps of a subdivision or site plan.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

PORCH

A roofed platform which is elevated from grade and supported by piers, pillars or posts rooted in a permanent concrete foundation, and which projects from the exterior wall of a principal building, has direct access from that principal building, and has at least three of its perimeter sides unobstructed in any manner between floor and ceiling except for roof-support elements. Porches shall be fitted with appropriate railings pursuant to applicable building codes.

PORTE-COCHERE or PORTICO

An open-sided, at-grade, roofed structure which is supported by piers, pillars or posts rooted in a permanent concrete foundation, which projects from the exterior wall of a principal building, has direct access from that principal building, shelters an entrance to that building and has at least three of its perimeter sides unobstructed in any manner between floor and ceiling except for roof-support elements. A porte-cochere may also be considered as a roofed area forming a porch.

1. In no case shall a porte-cochere be construed as a carport (i.e., open-sided garage) for the extended parking of motor vehicles, or for other outdoor storage.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to N.J.S.A. 40:55D-46 and 40:55D-48 and prior to final approval after specific elements of a development plan have been agreed upon by the Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

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

PRINCIPAL BUILDING, STRUCTURE OR USE

A building, structure or use in which is conducted the main or primary use of the lot on which said building is situated. Unless otherwise specified herein, no lot shall host more than one principal building or principal use.

PRINCIPAL FACADE

The portion of the building which faces the street which generates the most vehicular and pedestrian traffic as determined by the approving authority.

PROFESSIONAL

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 chapter, a barber, plumber, electrician, carpenter, or beautician shall not be considered a "professional."

PROHIBITED USE

A use which is not permitted in a zone.

PROPERTY AS A WHOLE

All property assembled as one investment or to further one development plan. The property as a whole may include more than one municipal tax block or lot. The property as a whole may also include blocks or lots that were previously sold or developed, if those blocks or lots and the remaining unsold or undeveloped blocks or lots were part of one investment or development plan. In determining the property as a whole in a particular case, the City of Wildwood and/or NJDEP shall consider existing legal precedent regarding what constitutes property as a whole at the time of the determination.

PROPERTY LINE

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.

PUBLIC DEVELOPMENT PROPOSAL

A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto, and shall not mean a seasonal or temporary structure related to the tourism industry. Public development does not have to be publicly funded or operated.

PUBLIC DRAINAGEWAY

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.

PUBLIC HIGHWAY

A public highway as defined in N.J.S.A. 27:1B-3 et seq., namely public roads, streets, expressways, freeways, parkways, motorways and boulevards, including bridges, tunnels, overpasses, underpasses, interchanges, rest areas, express bus roadways, bus pullouts and turnarounds, park-ride facilities, traffic circles, grade separations, traffic control devices, the elimination or improvement of crossings of railroads and highways, whether at grade or not at grade, and any facilities, equipment, property, rights-of-way, easements and interests therein needed for the construction, improvement and maintenance of highways.

PUBLIC IMPROVEMENTS

Improvements which the Board may deem necessary or appropriate, including but not limited to streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' monuments, water mains, culverts, storm sewers, sanitary sewers, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans, other on-site improvements and landscaping.

PUBLIC LANDS

Any and all real property which is owned or controlled by a governmental entity.

PUBLIC OPEN SPACE

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

PUBLIC PURPOSE USE

The use of land or buildings by the governing body of the City, or by any officially created authority or agency thereof, or by an officially created authority or agency of which the City is one of the dual or multiple municipalities comprising the same.

PUBLIC UTILITY

Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.

QUORUM

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

RADIO FREQUENCY (RF) ENGINEER

An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.

RDE RESORT FACILITY

See "combined retail, dining and entertainment ('RDE') resort facility."

REAL PROPERTY BOUNDARY

Any imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evaporated.

RECREATION, INDOOR

Recreational uses conducted entirely within a building that may include the following uses: amusement rides, amusement games; bowling alley; gymnasium; billiard hall; skating rink; table-top games; squash; swimming pool, and; tennis court. The following uses are excluded from this definition: archery; shooting of firearms, airsoft guns, paintball guns, and BB guns; throwing of knives, hatchets or any other sharp item, and; casino games, slot machines, games of chance or skill that result in monetary or cash prizes.

[Added 3-22-2023 by Ord. No. 1254-23]

RECREATION, OUTDOOR

Recreational uses conducted in open or partially enclosed or screened facilities that may include: golf driving ranges; miniature golf; swimming pools; tennis courts; outdoor racquetball courts; motorized cart tracks; laser tag; skate parks; batting cages; trampoline facilities; climbing walls; platform games; exercise areas; handball; basketball; soccer; lacrosse; fitness instruction; martial arts; badminton; pickleball, and; motorized model airplane flying facilities. The following uses are excluded from this definition: archery; shooting of firearms, airsoft guns, paintball guns, and BB guns; throwing of knives, hatchets or any other sharp item, and; casino games, slot machines, games of chance or skill that result in monetary or cash prizes.

[Added 3-22-2023 by Ord. No. 1254-23]

REDEVELOPMENT PLAN

Any redevelopment plan developed in accordance with and under the provisions of N.J.S.A. 40A:12A-1 et seq. Any redevelopment plan is an explicit amendment to the Zoning District Map and the zoning and land development regulations of the City of Wildwood. The City's Zoning Map shall be immediately modified to reflect such adoption of redevelopment plans.

REDEVELOPMENT STATUE

The New Jersey Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.)

REGULATED ACTIVITY

Any activity for which an NJDEP coastal permit is required under CAFRA, the Wetlands Act of 1970[13] or Waterfront Development Law,[14] and shall also include the terms "project" and "development."

REGULATED WETLAND

Any wetland which has been mapped and the map promulgated pursuant to the Wetlands Act of 1970.

REPAIR

Any work done on any improvement which:

1. Is not an addition to the improvement; and

2. Does not change the appearance of the exterior surface.

REPLACEMENT

Repairs when a building permit is required for same.

RESIDENTIAL DENSITY

See "density."

RESTAURANT

Any establishment, however designated, at which food is sold primarily for consumption on the premises and within a building. However, a snack bar or refreshment stand at a public or community swimming pool, playground, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed a restaurant.

RESTAURANT, DRIVE-IN OR TAKEOUT

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, in automobiles parked on the premises (whether food is brought to said automobiles by the customer or by employees of the restaurant), or at locations off the premises, 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, other than on the Boardwalk, unless specifically permitted.

RESTRICTION, CONSERVATION

A restriction, easement, covenant, or condition in any deed, will or other instrument, other than a lease, executed by or on behalf of the owner of the land, appropriate to retaining land or water areas predominantly in their natural, scenic or open or wooded condition, or for conservation of soil or wildlife, or for outdoor recreation or park use, or as suitable habitat for fish or wildlife, to forbid or limit any or all:

1. Construction or placing of buildings, roads, signs, billboards or other advertising, or other structures on or above the ground;

2. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials;

3. Removal or destruction of trees, shrubs or other vegetation;

4. Excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance;

5. Surface use except for the purposes permitting the land or water area to remain predominantly in its natural condition;

6. Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation;

7. Other acts or uses detrimental to the retention of land or water areas according to the purposes of this chapter.

RESUBDIVISION

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

RETAIL SALES

A commercial use that sells merchandise directly to end users, excluding sexually oriented businesses.

[Added 3-22-2023 by Ord. No. 1254-23]

RETAIL SERVICES

Commercial uses providing services, as opposed to products, to the general public, such as: barber Shops; beauty Salons; laundry; shoe repair; electronics and device repair; media offices; finance. Real Estate, and insurance offices; spas, and; other uses primarily engaged in providing services to the general public that may include the retail sale of products incidental to the retail service. The following uses are excluded from this definition: Massage parlors, tattoo parlors, and sexually oriented businesses.

[Added 3-22-2023 by Ord. No. 1254-23]

RIGHT-OF-WAY

A general term denoting land, property, or interest therein, usually in a strip or corridor, owned by a public body, acquired for or devoted to transportation purposes. The right-of-way of all City streets shall be at least 50 feet.

ROADWAY

The portion of the paved street, including shoulders for vehicle use, within a right-of-way.

ROOF DECK

A flat, open platform above the highest habitable floor.

ROOF, FLAT

A roof, the surface of which is generally parallel to the ground, with less than 90% of its protected horizontal area at a slope less than four in 12.

ROOF, GAMBREL

A gabled barn-style roof with a change in slope partway up the roof which fits inside a circumscribed semicircle, where the length of each side or face is always equal.

ROOF, MANSARD

A roof with two slopes on each of four sides, the lower steeper than the upper.

ROOF, PITCHED

Roof with 90% or more of its projected horizontal planes (areas) constructed at slopes equal to or greater than four in 12. All other roofs shall be flat roofs.

ROOMING HOUSE

Any building or portion thereof containing less than six separate sleeping accommodations, without individual cooking facilities, which are used, let or hired out for compensation, without the provision of food by the management. The term "rooming house" shall be deemed to include any accommodation such as: lodging houses and boardinghouses, but not motels or hotels or bed-and-breakfasts.

SATELLITE DISH ANTENNAS

Any apparatus which is designated for the purpose of receiving television, radio, microwave, satellite, or other similar signals, with the exception of conventional television antennas. Said antennas can be concave, circular, parabolic or dished-shape in nature and construction. Said definition shall not include any antennas used for the purpose of the transmission of signals.

SCHOOL

Any public or private institution offering instruction for students up to and through the secondary level.

SEASONAL OR TEMPORARY STRUCTURES RELATED TO THE TOURISM INDUSTRY

Lifeguard stands and associated temporary equipment storage containers, picnic tables, benches and canopies, wooden walkways, stage platforms, and portable restrooms, which remain in place only during the period from May 1 through October 31, and provided that the placement of such structures does not involve the excavation, grading or filling of a beach or dune.

SENIOR CITIZEN HOUSING

See also:

1. "Adult day care."

2. "Age-restricted housing."

3. "Assisted living facility."

4. "Congregate senior residence."

5. "Independent living facility."

6. "Nursing home or nursing facility."

SETBACK or SETBACK LINE

A line drawn parallel with a street line or lot line beyond which a building or part of a building is not permitted to extend (toward the street line or lot line). Setbacks shall be clear, unoccupied and unobstructed space and shall extend from grade to sky, except that eaves, cornices or overhangs more than 10 feet above lot grade may project into a setback a maximum of 12 inches. Eaves, cornices, overhangs or balconies more than 50 feet above lot grade may project into yard setback areas a maximum of six feet, provided that said projection does not encroach upon other private property or upon the public right-of-way, except as provided for § 17-403(E).[15]

SEWER

Any pipe conduit used to collect and carry away sewage or stormwater runoff from the generating source to pumping station, treatment plants or outfalls.

SEXUALLY ORIENTED BUSINESS

Means:

1. A commercial establishment which as one of its principal business purposes offers for sale, rental, or display any of the following:

a. Books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a "specified sexual activity" or "specified anatomical area"; or still or motion picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a "specified sexual activity" or "specified anatomical area"; or instruments, devices, or paraphernalia which are designed for use in connection with a "specified sexual activity"; or

2. A commercial establishment which regularly features live performances characterized by the exposure of a "specified anatomical area" or by a "specified sexual activity," or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a "specified sexual activity" or "specified anatomical area";

[Added 3-22-2023 by Ord. No. 1254-23]

SHADE TREE

A tree in a public space, street, special easement, or right-of-way adjoining a street.

SHARED ROADWAY

Any roadway upon which a bicycle lane is not designated and which may legally be used by bicycles regardless of whether such facility is specifically designated as a bikeway.

SHEETING

Shall be No. 2 grade southern yellow pine and shall be pressure treated in accordance with C-3, C-18 or AWPB MP-1, MP-2, or MP-4. Any substitution to the above specification must be Building Department prior approval prior to being shown on any architectural, subdivision, site plan and or construction plan submitted to City of Wildwood for approval.

SHOULDER

The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.

SIDEWALK

The portion of a highway designed for preferential or exclusive use by pedestrians.

SIGHT TRIANGLE EASEMENTS AT INTERSECTION

A triangular area outside of the curbline and the straight line connecting sight points, one located on each curbline or driveway center line at a distance of 25 feet or one foot for each mile of allowed street speed limit, whichever is greater, or 15 feet along the center line of a driveway, established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than 30 inches above the elevation of the center line of the abutting street, except for street signs, utility poles, fire hydrants and light standards.

SIGN

Any object, device, display, structure or part thereof, or other visual communication situated either outdoors or, if indoors, is visible by the general public from the outdoors, which is used to advertise, announce, display, declare, demonstrate, direct, identify, promote or otherwise attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including, but not limited to, text, graphics, colors, illumination or projected images.

SIGN, AREA OF

The area included within the frame or edge of the sign. Where the sign has no such frame or edge, sign area shall be determined by the smallest regular (four-sided) geometric shape (i.e., square or rectangle) encompassing all text, graphics and other sign components. In the case of multisided signs, total sign area shall be the sum of all sign faces.

SINGLE-FAMILY DETACHED

A freestanding structure designed for residential occupancy by a single family or housekeeping unit situated on an individual lot with no common party walls with other structures (or other uses within the same structure) and having sleeping, cooking, sanitary and general living facilities.

SINGLE-FAMILY SEMIDETACHED (DUPLEX)

A structure designed for residential occupancy by two independent families or housekeeping units situated on a single lot with a vertical common party wall between the dwelling units. Each such dwelling unit shall have its own sleeping, cooking, sanitary and general living facilities. Such structures shall have no more than one dwelling unit per duplex side, for a total of two dwelling units per principal building. Each duplex side shall be of equal size.

SITE

The lot or lots upon which a proposed development is to be constructed.

SITE IMPROVEMENTS

Any construction work on, or improvement in connection with, residential development limited to streets, roads, parking facilities, sidewalks, drainage structures, and utilities.

SITE PLAN

A development plan of one or more lots on which is shown: the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plans in accordance with the requirements of this chapter.

SITE PLAN, MAJOR

Any development plan not classified as a minor site plan and not otherwise exempt from site plan approval.

SITE PLAN, MINOR

A site plan of one or more lots which proposes construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, or any clearing, grading or disturbance of any area less than 5,000 square feet; does not involve the creation of more than five new parking spaces, greater than 10% additional building coverage, or 2,000 square feet of gross building or structural improvements, does not involve a planned development, any new street, extension of any off-tract improvement or the expansion of public facilities; does not adversely affect the development of an adjoining property or properties; and contains information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of minor site plans have been met.

SITE PREPARATION

Physical activity which is an integral part of a continuous process of land development or redevelopment for a particular development which must occur before actual construction of that development may commence. It does not include the taking of soil borings, performing percolation tests, or driving of less than three test pilings.

SIZE

The place where a significant event or pattern of events occurred.

SMALL-CELL TELECOMMUNICATIONS FACILITY

A facility, excluding a satellite television dish antenna, established for the purpose of providing wireless voice, data and/or image transmission within a designated service area. A small-cell telecommunications facility must not be staffed and consists of one or more antennas attached to a support structure. An antenna or wireless antenna base station which provides wireless voice, data and image transmission within a designated service area as part of a small-cell telecommunications facility may consist of a low-powered access node with no more than five watts of transmitter output power per antenna channel, and may not be larger than a maximum height of three feet and a maximum width of two feet. A small-cell telecommunications antenna may be installed on existing rooftops, structures or support structures where permitted. A small-cell telecommunications facility also consists of related equipment which may be located within a building, an equipment cabinet outside a building, an equipment cabinet on a rooftop that is at least 15 feet high when in a commercial zone or attached to a commercial structure, or 20 feet high when in a residential zone or attached to a residential structure, or an equipment room within a building. Such related equipment shall have a maximum square footage of 10 square feet and a maximum height of two feet.

STANDARDS OF PERFORMANCE

Standards adopted by ordinance pursuant to N.J.S.A. 40:55D-65d, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality, or required by applicable federal or state laws or municipal ordinances.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA-5B)

An area delineated on the State Plan Policy Map, as amended, and as currently adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts. The State Plan designates "Wildwoods" as a "Center" within the PA-5B (Environmentally Sensitive Planning Area/Barrier Island) Planning Area.

STATE PLAN

The New Jersey State Development and Redevelopment Plan, adopted March, 2001.

STATE PLAN POLICY MAP

Is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER DETENTION

A provision for temporary storage of stormwater runoff, and the controlled release of such runoff during and after a flood or storm.

STORMWATER MANAGEMENT BASIN

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER RETENTION

A provision for the permanent storage of a fixed volume of water.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

STORY

That portion of a building between the upper surface of any floor and the upper surface of the finished floor immediately above or, if there is no finished floor immediately above, then the upper surface of a floor and the finished ceiling immediately above. For the purpose of this chapter, the unfinished underside of a roof shall not be considered a ceiling. Cellars and basements shall be considered full stories when considering the height of a building;

1. If any floor under a sloping roof at the top of a building is more than four feet and less than six feet below the top plate, it shall be counted as a half story.

2. A split-level story shall be considered a full second story if its floor level is six feet or more above the level of the line of the finished floor next below it, except a cellar.

3. If the top of the floor is below base flood elevation (BFE), the room may not be used as habitable space unless the building was built prior to the adoption of FEMA's FIRM map. If the top of the floor is above BFE, the room must be considered as part of a story.

4. Any level or deck used for parking or other purposes, whether enclosed or open to the elements, which exists at or extends above grade, shall be counted as a story in relation to the full number of stories for said building.

STREET

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

2. For the purpose of classifying streets, the following general definitions [note: New Jersey Residential Site Improvement Standards (N.J.A.C. 5-21 et seq., revised Feb. 6, 2006)] shall apply:

a. ARTERIAL A higher order, interregional road in the street hierarchy; conveys traffic between centers; should be excluded from residential areas.

b. MAJOR COLLECTOR The highest order of residential street. Conducts and distributes traffic between lower order residential streets and higher order (arterials and expressways).

c. MINOR COLLECTOR The middle order of residential street. Provides frontage for access to lots and carries traffic to and from adjoining residential access streets.

d. CULS-DE-SAC A street with a single means of ingress and egress and facing a turnaround, the design of which may vary.

e. RESIDENTIAL NEIGHBORHOOD STREET A type of residential access street conforming to traditional subdivision street design which provides access to building lots fronting on a street and provides parking on both sides of street.

f. MARGINAL ACCESS STREETS A service street that runs parallel to a higher order street which provides access to abutting properties and separation from through traffic. It may be designed as a residential access street or minor collector as anticipated daily traffic dictates.

STREET LINE

See "property line."

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, including, but not limited to, buildings, fences, standards, signs, dams, pilings, footings, breakwaters, culverts, pipes, pipelines, piers, roads, railroads, bridges, floating structures, towers, tanks, swimming pools, tennis courts and piers.

SUBDIVISION

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 the chapter if no new streets are created: divisions of land found by the Planning Board to be for agricultural purposes when all resulting parcels are five acres or more in size; divisions of property by testamentary or intestate provisions, provided the division is in conformity with applicable chapter requirements; divisions of property upon court order, including, but not limited to, judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to all requirements of this chapter and which are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the City of Wildwood. The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION, MAJOR

Any division of land not classified as a minor subdivision.

SUBDIVISION, MINOR

1. A division of land for the creation of not more than three lots (two new lots and the remaining parcel), each fronting on an existing street or streets, and not involving a planned development, any new street, an extension of any off-tract improvement or the expansion of public facilities not involving any streets requiring additional right-of-way width as specified in the Master Plan or Official Map and/or the street requirements of this chapter, unless such additional right-of-way width, either along one or both sides of said street(s), as applicable, shall be deeded to the City or to the appropriate governmental authority prior to classification as a minor subdivision; does not adversely affect the development of the remainder of the parcel or an adjoining property; and not being a further division of an original tract of land for which previous subdivision(s) have been approved by the City within the current calendar year and where the combination of the proposed and previously approved minor subdivision(s) constitute a major subdivision; and contains information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of minor subdivisions have been met.

2. For the purposes of this chapter, the term "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 City Tax Maps.

3. As specified in § 17-803 of this chapter, any realignment of lot lines which does not result in the creation of any new lots shall be classified as a minor subdivision.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure during a ten-year period the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. "Substantial improvement" also means "cumulative substantial improvement." This term includes structures which have incurred substantial damage, regardless of the actual repair work performed or repetitive loss. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Officer and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

SWALE

A low-lying or depressed land area commonly wet or moist, which can function as an intermittent drainageway.

SWIMMING POOL, PRIVATE RESIDENTIAL

A swimming pool, other than a wading pool, whether portable or fixed, that is located on a lot principally used for a dwelling unit by one or two housekeeping units, and including all buildings, structures, and equipment appurtenant thereto.

SWIMMING POOL, PUBLIC

Any pool, other than a private residential swimming pool or wading 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 multifamily or townhouse development.

SWIMMING POOL, WADING or WADING POOL

A pool that is not permanently installed and meets all of the following criteria: does not require water filtration, circulation and purification; does not exceed 18 inches in depth; does not exceed a water surface of 100 square feet; and does not require braces or supports. Portable swimming pools shall not be considered wading pools.

TATTOO or TATTOOING

Any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin by means of application of any chemical, dye or any other substance that results in the temporary or permanent coloring of the skin without regard to the type of instrument that is used to apply to or under the skin the chemical, dye or other substance or the method by which said chemical, dye or other substance is applied to or under the skin.

TATTOO PARLOR

Any place or establishment where tattooing is performed.

TELECOMMUNICATIONS FACILITY

A facility designed and used for the purpose of transmitting, receiving and relaying voice and data signals from various wireless communications devices (i.e., cell phone), including transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities used exclusively for the transmission of television and radio broadcast are not telecommunications facilities.

TELECOMMUNICATIONS OR TRANSMISSION TOWER

The monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers. Transmission towers expressively constructed to carry electrical voltage lines shall not be considered transmission towers for locational reasons; however, antennas for cell phone communications can be co-located on electrical transmission towers.

TEMPORARY CONSTRUCTION TRAILER

A staging area for the construction area use of a movable office trailer, including material storage, sales trailer and associated parking for same normally associated with a development site.

THEATER

An outdoor or indoor facility, utilized for showing motion pictures, or for dramatic, dance, musical, comedy or other live performances. This excludes any theater that would constitute a sexually oriented business.

[Added 3-22-2023 by Ord. No. 1254-23]

TIDAL FLOOD HAZARD AREA

A flood hazard area which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean and estuarine bay waters.

TIDELANDS INSTRUMENT

A written document conveying, leasing or licensing lands owned or claimed to be owned as present or formerly flowed tidelands by the State of New Jersey to public entities or private interests pursuant to N.J.S.A. 12:3-1 et seq. and N.J.S.A. 13:1B-13 et seq. Tidelands instruments include licenses, long-term leases, conveyances (often called "grants"), and management agreements. These documents are recorded in the office of the clerk of the county or registrar of deeds and mortgages of the county in which the property is located.

TIMBER PILES

Round timber piling of southern yellow pine or Douglas fir, with a minimum butt diameter of nine inches to 12 inches, per ASTM D-25, and shall be pressure-treated in accordance with C-3, C-18 or AWPB MP1, 2, or 4. Any substitution to the above specification must be Building Department prior approval prior to being shown on any architectural, subdivision, site plan and or construction plan submitted to City of Wildwood for approval.

TOP OF CURB (TOC)

Top of curb as it relates to overall building height measurement (see "building height"). Top of curb is the mean elevation of the curb level [i.e., top of curb ("TOC"); (note: the measurement convention preferred by NJDEP)] or required curb level in the instance where no curb exists. Where TOC varies, building height shall be measured from the average of the TOC elevations at points on either end of the length of the subject property or lot and the TOC measurement at the midpoint of the subject property.

TOWNHOUSE (ATTACHED)

A structure designed for occupancy by not less than three and not more than eight independent families or housekeeping units on individual lots with common vertical party wall between dwelling units. Townhouse dwelling units shall be side by side (not stacked), with each unit sitting on an individual lot.

1. Each such unit shall be a minimum of 24 feet wide.

2. Individual townhouse buildings shall contain not less than three and not more than eight dwelling units. Each such dwelling unit shall have its own sleeping, cooking, sanitary and general living facilities.

3. Exterior (end) townhouse units shall have a minimum 12 feet side yard setback, which shall be used as a driveway. In the alternative, exterior townhouse units may be 24 feet wide, provided that an additional 12 feet side yard setback (under some form of common ownership) is maintained.

4. Garages and off-street parking for townhouses shall be accessed from the rear of the building, which shall be accessible from a loop road employing end-unit driveways.

TRACT

An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by one existing public street and still be considered one tract, provided that the street is not an arterial and that a linear distance equal to more than 75% of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street.

TRAFFIC ISLAND

In street design, a raised area, usually curbed, placed to guide traffic and separate lanes, or used for landscaping, signing, or lighting.

TRAILER or TRAVEL TRAILER

A vehicular portable structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation and other short-term uses which may contain cooking, sleeping and sanitary facilities, such as a camper, house trailer, or motor home.

URBAN ENTERPRISE ZONES

A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

USE

The purpose or activity for which land or buildings are arranged, designed or intended, or for which land or buildings are occupied or maintained.

USE, ACCESSORY

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. No accessory use or activity shall be permitted in the absence of a principal use.

USE, PRINCIPAL

The main or primary activity of any lot or parcel.

UTILITY AREA

Flexible space within the right-of-way designated for the installation of utility lines and facilities.

VACATION

The process to vacate the public's interest in public streets and/or public right-of-way, in physical form and/or shown on the Tax Maps, that are no longer needed now or in the future by the City.

VARIANCE

Permission granted to an applicant for development by the Planning Board or the Zoning Board of Adjustment, as the case may be, to depart from the literal requirements of the land use and bulk standards of this chapter as provided for under N.J.S.A. 40:55D-70(c) and (d).

VENDING MACHINE

A machine or device which releases a product or merchandise when money is inserted into the machine or device; newspaper racks or machines shall not be considered vending machines for the purpose of this chapter.

WADING POOL

See "swimming pool, wading."

WAIVER

Permission to depart from the requirements of this chapter with respect to the submission of required maps or documents.

WALES

Shall be either southern yellow pine or Douglas fir, construction grade, and shall be pressure-treated in accordance with C-2, C-18 or AWPB MP-1, 2, or 4. Any substitution to the above specification must be Building Department prior approval prior to being shown on any architectural, subdivision, site plan and or construction plan submitted to City of Wildwood for approval.

WALL

An upright structure of masonry, wood, plaster, or other building material serving to enclose, divide, or protect an area, that is part of the structural support of the building, especially a vertical construction forming an inner partition or exterior siding of a building.

WATER-DEPENDENT

Development that cannot physically function without direct access to the body of water along which it is proposed. Uses, or portions of uses, that can function on sites not adjacent to the water are not considered water-dependent regardless of the economic advantages that may be gained from a waterfront location. The test for water dependency shall assess both the need of the proposed use for access to the water and the capacity of the proposed water body to satisfy the requirements and absorb the impacts of the proposed use. A proposed use will not be considered water-dependent if either the use can function away from the water or if the water body proposed is unsuitable for the use.

1. Examples of water-dependent uses include marina activities requiring access to the water, such as commissioning and decommissioning of new and used boats, boat repairs and short-term parking for boaters, storage of boats which are too large to be feasibly transported by trailer (generally greater than 24 feet), rack systems for boat storage, industries such as fish processing plants and other industries which receive and quickly process raw materials by ship, commercial fishing operations, port activities requiring the loading and unloading of ships, and water-oriented recreation.

WATER-ORIENTED

Development that serves the general public and derives economic benefit from direct access to the water body along which it is proposed, such as a hotel or restaurant, if it takes full advantage of a waterfront location. An assembly plant could be water-oriented if overland transportation is possible but waterborne receipt of raw materials and shipment of finished products is economically advantageous.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WATERWARD SIDE OF DEVELOPMENT

The area of the site located between a tidal water body and a line(s) drawn through point(s) of the footprint of the building closest to the water and parallel to the water body, which line extends to the property boundaries.

WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

WILDWOOD

The City of Wildwood, a body corporate and politic, and, unless otherwise indicated, shall include its governing body, elected officials, officers and staff.

WILDWOOD HISTORIC PRESERVATION COMMITTEE (WHPC)

A commission comprised of five members which shall include but not be limited to advise the Planning Board and Zoning Board of Adjustment on all matters of historic significance for the City of Wildwood; advise the Planning Board and Zoning Board of Adjustment on applications for development within the historic districts of the City of Wildwood; carry out advisory, educational, and informational functions as they will promote historic preservation in the City.

WILDWOOD URBAN ENTERPRISE ZONE

The Wildwoods Urban Enterprise Zone, promulgated under N.J.S.A. 52:27H-60 et seq., enacted as a joint UEZ district by and between the neighboring communities of North Wildwood, Wildwood Crest, Wildwood City and West Wildwood in January 2002, with formal boundaries adopted in July 2002 ("WWUEZ").

WILDWOODS or THE WILDWOODS

Collectively, the separate municipalities of Wildwood, Wildwood Crest, North Wildwood and West Wildwood.

WIRELESS COMMUNICATIONS

Any personal wireless services (i.e., cell phone) as defined in the Federal Telecommunications Act of 1996[16] which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.

WORKFORCE HOUSING

Housing affordable to, according to federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied by, or reserved for occupancy by, households with a gross household income equal to more than 80% but less than 120% of the median gross household income for households of the same size within the housing region in which the housing is located.

YARD, FRONT

An open, unoccupied space on the same lot as the principal building, extending across the full width of the lot and lying between the street line and the closest point of such principal building. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard shall be the same as the required front yard setback.

YARD, REAR

An open, unoccupied space on the same lot as the principal building, extending across the full width of the lot and lying between the rear lot line and the closest point of such principal building. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. The minimum required rear yard shall be the same as the required rear yard setback.

YARD, SIDE

An open, unoccupied space on the same lot as the principal building, extending from the front lot line to the rear lot line and lying between each side lot line and the closest point of such principal building. The width of the required side yard shall be measured horizontally and at right angles to either a street line or the tangent lines of curved lot lines.

ZONING BOARD OF ADJUSTMENT

The municipal board established pursuant to N.J.S.A. 40:55D-69.

ZONING OFFICER

Administrative Officer or Construction Official pursuant to Land Development Ordinance. See also "Administrative Officer."

ZONING PERMIT

A document signed by the Administrative Officer which 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 and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance there from duly authorized by a Board pursuant to the Municipal Land Use Law.[17]

[1] Editor's Note: See § 7-1, Mercantile license, of Ch. 7, Licensing — General.

[2] Editor's Note: See § 17-602D.

[3] Editor's Note: The provisions of N.J.A.C. 7.7E et seq. were repealed 7-6-2015 by R.2015 d.108.

[4] Editor's Note: The provisions of N.J.A.C. 7.7E et seq. were repealed 7-6-2015 by R.2015 d.108.

[5] Editor's Note: See N.J.S.A. 13:19-1 et seq.

[6] Editor's Note: The provisions of N.J.A.C. 7.7E et seq. were repealed 7-6-2015 by R.2015 d.108.

[7] Editor's Note: See Ch. 11A, Uniform Construction Code.

[8] Editor's Note: See N.J.S.A. 13:9A-1 et seq.

[9] Editor's Note: See § 17-412E5, General building regulations.

[10] Editor's Note: Said exhibit is on file in the City offices.

[11] Editor's Note: See § 17-704, Regulations for coastal flood hazard protection.

[12] Editor's Note: See 47 U.S.C. § 609 et seq.

[13] Editor's Note: See N.J.S.A. 13:9A-1 et seq.

[14] Editor's Note: See N.J.S.A. 12:5-1 et seq.

[15] Editor's Note: See § 17-412E5, Residential multifamily (RM), General building regulations.

[16] Editor's Note: See 47 U.S.C. Section 609 et seq.

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

§ 17-202 Severability.

[1-23-2019 by Ord. No. 1128-18]

If the provisions of any section, subsection, paragraph, subdivision, or clause of this Section 200 shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this Section 200.