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).
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.
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.
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.
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.
AEdefinition: an area inundated by 1%-annual-chance flooding, for which base flood elevation (BFE) has been determined.
2.
VEdefinition: 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.
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.
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 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.
"Building Height" shall be the vertical distance measured to
the highest point of the ridgeline for sloped roofs and to the parapet
of all flat roofs, from the base flood elevation.
2.
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.
3.
For all nonhabitable accessory structures, building height shall
be 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")]. 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.
[Amended 8-23-2023 by Ord. No. 1268-23]
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 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.
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 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:
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.
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.
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, 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.
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 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.
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.
CONSTRUCTION PERMIT
The legal authorization for the erection, alteration or extension
of a structure.
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.
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.
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.
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 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 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 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.
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.
FENESTRATION
The design proportioning, and disposition of windows and
other exterior openings of a building.
[Added 4-24-2024 by Ord. No. 1290-24]
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.
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).
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.
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.
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.
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.
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]
MECHANICAL PARKING LIFT
Any device, including an elevating device such as a vertical
lift or automated vehicle storage system, that allows for the proivision
of parking of any motor vehicle by elevating it off of the ground
with or without the use of ramping.
[Added 8-23-2023 by Ord. No. 1268-23]
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.
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.
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]
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 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.
NJDCA
See "New Jersey Department of Community Affairs."
NJDEP
See "New Jersey Department of Environmental Protection."
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.
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 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.
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."
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.
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 or Waterfront Development Law, 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.
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:
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).
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 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.
ARTERIALA higher order, interregional road in the street hierarchy; conveys traffic between centers; should be excluded from residential areas.
b.
MAJOR COLLECTORThe highest order of residential street. Conducts and distributes traffic between lower order residential streets and higher order (arterials and expressways).
c.
MINOR COLLECTORThe middle order of residential street. Provides frontage for access to lots and carries traffic to and from adjoining residential access streets.
d.
CULS-DE-SACA street with a single means of ingress and egress and facing a turnaround, the design of which may vary.
e.
RESIDENTIAL NEIGHBORHOOD STREETA 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 STREETSA 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.
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, 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.
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.
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 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 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.