[Ord. #02-19]
"An Ordinance to limit and restrict to specified districts or
zones, and to regulate therein, buildings and structures according
to their construction and the nature and extent of their use, and
the nature and extent of the use of land in the City of Ocean City,
in the County of Cape May, New Jersey, and providing for the administration
and enforcement of the provisions herein contained and fixing penalties
for the violations thereof."
[Ord. #02-19]
This Ordinance shall be known and may be called the "Ocean City
Zoning and Land Development Ordinance."
[Ord. #02-19]
The intent of this Ordinance is to establish a precise and detailed
plan for the use of land in Ocean City and is enacted in order to
promote and to protect the public health, safety, morals, comfort,
convenience and the general welfare of the people.
This Ordinance has been adopted in order to:
[Ord. #02-19]
Establish zoning districts and therein regulate the use of land
and structure for residential, business, office, conservation and
other purposes.
[Ord. #02-19]
Regulate the location, height, bulk and size of buildings and
structures, the size of yards, courts and open spaces, the percentage
of a lot which may be occupied by a building or a structure, and the
density of population.
[Ord. #02-19]
Establish procedures and standards governing development review
applications before the Planning Board and Board of Adjustment.
[Ord. #02-19]
Establish development standards for land use, structures, accessory
structures, subdivision of land and site improvements related to land
development.
Such regulations are deemed necessary to achieve the following
purposes:
[Ord. #02-19]
To protect the character and maintain the stability of residential
and business areas within the City and to promote the orderly and
beneficial development of such areas.
[Ord. #02-19]
To regulate the intensity of use of lots, and to determine the
area of open spaces surrounding buildings necessary to provide light
and air, privacy and convenience of access to property and to protect
the public health.
[Ord. #02-19]
To establish building lines and the location of buildings designed
for residential, business or other uses within such lines.
[Ord. #02-19]
To fix reasonable standards to which buildings or structures
shall conform.
[Ord. #02-19]
To prohibit uses, buildings or structures which are incompatible
with the character of development or the use permitted within specified
zoning districts.
[Ord. #02-19]
To prevent such addition to, and alteration or remodeling of,
existing buildings or structures that would not comply with the restrictions
and limitations imposed hereunder.
[Ord. #02-19]
To limit congestion in the public streets and so protect the
public health, safety, convenience and the general welfare by providing
for off-street parking of motor vehicles and for the loading and unloading
of commercial vehicles.
[Ord. #02-19]
To provide protection against fire, flood, explosion, noxious
fumes and other hazards in the interests of public health, safety,
comfort and the general welfare.
[Ord. #02-19]
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons
and neighborhoods and to preserve the environment.
[Ord. #02-19]
To promote the conservation of open space and valuable natural
resources and to prevent degradation of the environment through improper
use of land.
[Ord. #02-19]
To promote the conservation of energy through the use of planning
practice designed to reduce energy consumption and to provide for
the maximum utilization of renewable energy sources.
[Ord. #02-19]
This Ordinance shall apply to all structures, land and uses
within the corporate limits of the City of Ocean City, New Jersey.
[Ord. #02-19]
All buildings and structures erected hereafter, all uses of
land or buildings established hereafter, all structural alterations
or relocations of existing buildings occurring hereafter and all enlargements
of, additions to, changes in and relocations of existing uses occurring
hereafter shall be subject to the regulations of this Ordinance.
[Ord. #02-19; Ord. #03-12, § 1; Ord. #04-13, § 1;
Ord. #04-29, § 1; Ord. #07-02, § 1; Ord. #07-31,
§ 1; Ord. #08-12, § 1; Ord. #10-09, § 2;
Ord. #12-19, § 1; Ord. #13-07, § 1; Ord. #13-12,
§ 1; Ord. No. 2016-03 § 3]
a.
Existing buildings, structures and uses which do not comply with
the regulations of this Ordinance shall be allowed to continue subject
to the following:
1.
In the event that any structure is destroyed by fire, flood, or other
natural catastrophe in an amount up to one hundred percent (100%)
of the cost of replacement of the structure the previous use may be
continued notwithstanding any use violation of this Ordinance.
2.
In the event any structure is destroyed by fire, flood or other natural
catastrophe in an amount greater than seventy-five percent (75%) of
the cost of replacement of the structure, such structure shall not
be restored unless such structure shall thereafter conform to all
regulations of the zoning district (excluding use) in which it is
located. In this instance, variance approval shall not be required
for pre-existing, nonconforming lots.
3.
Expansion of Nonconforming Buildings. Where buildings have become
nonconforming by virtue of the more stringent area, yard and height
standards of this Ordinance, said nonconforming buildings or structures
may be modified, provided that such modifications do not increase
the nonconformity respective to the area, yard, height and other bulk
requirements for the zone.
4.
EXISTING STRUCTURE
HIGHEST APPLICABLE FLOOD ELEVATION STANDARD
NEW AND APPROPRIATE ELEVATION
NEW FEMA BASE FLOOD ELEVATION
ORIGINAL DIMENSIONS
SANDY-DAMAGED STRUCTURE
STRUCTURE
STRUCTURE
(a)
(1)
(2)
(b)
(1)
(2)
(c)
Elevating nonconforming buildings. As used in this section:
[Amended 6-11-2020 by Ord. No. 20-09]
Any structure that existed on October 28, 2012.
The new FEMA base flood elevation plus an additional three
feet, or any applicable flood elevation standard required pursuant
to N.J.A.C. 7:13-1.1 et seq. and adopted by the Department of Environmental
Protection pursuant to the "Flood Hazard Area Control Act," P.L.1962,
c. 19 (N.J.S.A. 58:16A-50 et seq.), whichever is higher.
Any elevation to which a structure is raised, or is to be
raised, that is equal to or higher than the applicable new FEMA base
flood elevation; provided, however, in no case shall the new and appropriate
elevation exceed the "highest applicable flood elevation standard."
Any base flood elevation proposed or adopted after October
28, 2012, by the Federal Emergency Management Agency.
The exact vertical and horizontal dimensions of a structure
as it existed on October 28, 2012.
Any structure that existed on October 28, 2012, and was damaged
or destroyed by Hurricane Sandy.
Any dwelling or building; however, in the case of
attached townhouses or row houses for which title to each townhouse
or row house building, including the roof and other structural elements,
is held in fee simple, "structure" means a single townhouse or single
row house.
Shall not include a unit which is part of a condominium as
defined in P.L. 1969, c. 257 (N.J.S.A. 46:8B-1 et seq.).
Notwithstanding the provisions of any other law to the contrary,
except as otherwise provided pursuant to paragraph (a)(2), a person
shall be exempt from any development regulation, including any requirement
to apply for a variance therefrom, that otherwise would be violated
as a result of raising an existing structure to a new and appropriate
elevation, or constructing a staircase or other attendant structure
necessitated by such raising; provided, however, this exemption shall
apply only to the minimum extent or degree necessary to allow the
structure to meet the "new and appropriate elevation" with adequate
means of ingress and egress.
The exemption established pursuant to paragraph (a)(1) shall
not be available to a person who has altered the original dimensions
of a structure if, had the alteration not been made, the structure
could have been raised to meet the new and appropriate elevation either
without the exemption or with an exemption of lesser degree than is
needed with the alteration.
Notwithstanding the provisions of any other law to the contrary,
except as otherwise provided pursuant to paragraph (b)(2), a person
shall be exempt from any development regulation, including any requirement
to apply for a variance therefrom, that otherwise would be violated
as a result of using a new and appropriate elevation when lawfully
repairing or reconstructing a Sandy-damaged structure, or constructing
a staircase or other attendant structure necessitated by use of the
new and appropriate elevation; provided, however, this exemption shall
apply only to the minimum extent or degree necessary to allow the
Sandy-damaged structure to meet the new and appropriate elevation
with adequate means of ingress and egress.
The exemption established pursuant to paragraph (b)(1) shall
not be available to a person whose repair or reconstruction plan would
alter the original dimensions of a structure when, if not for the
alteration, the structure could otherwise be raised to meet the new
and appropriate elevation either without the exemption or with an
exemption of lesser degree than is needed with the alteration.
Notwithstanding the provisions of any other law to the contrary,
any deed restriction or agreement, no matter when entered into or
made, that prohibits or has the effect of prohibiting any otherwise
lawful raising or constructing of a structure to a new and appropriate
elevation is contrary to public policy and therefore shall be unenforceable,
except that all other covenants, easements, and restrictions of a
common interest community shall remain in force, and costs associated
with the construction, repair, or other related improvements to neighboring
properties and common elements shall be borne solely by the owner
of the structure which will be raised or constructed to a new elevation.
b.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land upon which a nonconforming use or structure
exists may apply in writing for the issuance of a certificate certifying
that the use or structure was legally existing before the adoption
of the ordinance which rendered the use or structure nonconforming.
The applicant shall have the burden of proof. Application pursuant
hereto may be made to the Zoning Officer within one (1) year of the
adoption of the ordinance which rendered the use or structure nonconforming
or at any time to the Board of Adjustment.
c.
Notwithstanding the provisions contained in Subsection 25-105.3e, lots existing at the time of the adoption of this Ordinance with an area or width, less than prescribed for a lot in the zone in which it is located having ninety percent (90%) or more of the required area or width, which parcel was under one (1) ownership on the date of the adoption of this Ordinance, when the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone in which it is located. Compliance with all applicable zoning and design standards is required.
d.
Lots existing at the time of the adoption of this Ordinance shall
be deemed to be conforming for the purposes of lot frontage and lot
depth.
e.
Lots existing at the time of the adoption of this Ordinance on the
City of Ocean City Tax Map, the owner of which owned no adjacent lots,
and located within zoning districts where detached single-family dwellings
are a permitted principal use, shall be deemed to be conforming in
terms of lot width, lot frontage, lot area and lot depth for detached
single-family use. Compliance with all other applicable zoning requirements
and design standards pertaining to the single-family use shall be
required.
f.
Coastal Cottages existing as of the effective date of Ordinance No.
2016-03[1] or approved by the Planning or Zoning Board for development
are and shall be treated for zoning purposes as conforming as to use
and bulk zoning requirements.
[Ord. No. 2016-03 § 3]
[1]
Editor's Note: Ordinance No. 2016-03 was adopted May 26, 2016.
g.
Within the Central Business Zone and 34th Street Gateway Zone the
minimum lot width, lot frontage and lot area requirements specified
in this Ordinance shall not apply to any existing interior lot which
is less than sixty feet (60') in width and six thousand (6,000) square
feet in area, or to any existing corner lot which is less than seventy
feet (70') in width and seven thousand (7,000) square feet in area,
at the time of adoption of this Ordinance, provided, at that time
the owner did not own any adjoining lot(s) and all other regulations
prescribed for the zone are or can be complied with. In that event
interior lots less than sixty feet (60') in width and six thousand
(6,000) square feet in area, and corner lots less than seventy feet
(70') in width and seven thousand (7,000) square feet in area shall
be grandfathered and exempt from the minimum lot width, lot frontage
and lot area regulations and shall be considered conforming in terms
of lot width, lot frontage and lot area.
[Ord. #02-19]
No building or structure; no use of any building, structure
or land; and no lot of record or zoning lot, now or hereafter existing,
shall hereafter be established, altered, moved, divided or maintained,
in any manner, except as authorized by the provisions of this Ordinance.
[Ord. #02-19]
The following utility uses are permitted in all districts: poles,
wires, cables, conduits, vaults, laterals, pipes, mains or any similar
equipment, including automated substations requiring no daily servicing
by personnel, located on or above the surface of the ground for the
distribution to consumers of telephone, cable, television or other
communications, electricity, gas or water, or for the collection of
sewerage or surface water.
[Ord. #02-19]
This Ordinance is not intended to abrogate, annul or otherwise
interfere with any easement, covenant or other private agreement or
legal relationship provided, however, that where the regulations of
this Ordinance are more restrictive or impose higher standards or
requirements than such easements, covenants or the private agreements
or legal relationships, the regulations of this Ordinance shall govern.
[Ord. #89-8, § 1; Ord. #02-19]
a.
Approval of any variance (except a use variance), Zoning Permit, subdivision, site plan, or conditional use granted or lawfully issued prior to the effective date of this Ordinance, or any amendment thereof, shall be valid after such effective date subject to the provisions of Subsection b below. Any structure or use lawfully authorized by any variance, Zoning Permit, subdivision, site plan or conditional use which violates the provisions of this Ordinance shall be allowed to continue subject to the provisions of § 25-105.3a1 and 2 of this Ordinance.
b.
Any variance granted by the Zoning Board of Adjustment or the Ocean
City Planning Board, from the rules and regulations contained in Ordinance
88-27[1] as amended, shall expire one (1) year subsequent to the
grant of said variance unless within that period of time the applicant
has received a building permit from the Construction Official. In
the event a building permit is obtained it shall be acted upon in
conformity with the Uniform Construction Code.
[1]
Editor's Note: Ordinance No. 88-27 established the Land Development
Regulations for the City.
[Ord. #89-22, § 8; Ord. #02-19]
Nothing in this Ordinance shall be deemed to require any change
in the plans, construction or designated use of any structure in the
event that:
a.
A building permit for such structure was lawfully issued prior to
the effective date of this Ordinance; and
b.
Such permit had not by its own terms expired;
c.
Such permit was lawfully and properly issued in accordance with the
law prior to such effective date; and
d.
There has been a substantial change of position, substantial expenditures
or incurrence of substantial obligations by the permit holder in good
faith and justifiable reliance on such permit; and
e.
Construction pursuant to such permit is commenced within ninety (90)
days following such effective date and is thereafter diligently pursued
to completion.
[Ord. #02-19]
Upon completion of a structure pursuant to a preexisting building permit as authorized by § 25-105.8 hereof, such structure may be occupied by, and a Certificate of Occupancy shall be issued for, the use designated on such permit, subject thereafter to the provisions of § 25-105.3 of this Ordinance relating to nonconformities.
[Ord. #02-19]
It shall be the duty of the Administrative Officer of the City
of Ocean City or his representative in his absence to administer and
enforce this Ordinance. In no case shall a permit be granted for the
construction of or alteration of any building where the proposed construction,
alteration or use would be in violation of any provision of this Ordinance.
It shall be the duty of the Administrative Officer or his representative
to cause any buildings, plans or premises to be inspected or examined
and to order in writing to the owner or his agent that any condition
be remedied which is found to exist in violation of any provisions
of this Ordinance and he shall have the right to enter any building
or premises during the daytime in the course of his duties. A copy
of any order given in writing to an owner or his agent that any condition
be remedied shall be given to the City Clerk.
[Ord. 02-19; #02-36, § 8]
a.
For any and every violation of the provisions of this Ordinance,
the applicant, subdivider, developer, owner, general agent or contractor
of a building or premises where such violations have been committed
or shall exist, and the lessee or tenant of an entire building or
entire premises where such violations have been committed or shall
exist, and the owner, general agency, contractor, lessee or tenant
of any part of a building or premises in which part such violation
has been committed or shall exist, and the general agent, architect,
building contractor or any other person who commits, takes part or
assists in such violation or who maintains any building or premises
in which any such violation shall exist, shall, for each and every
day that such violation shall exist, shall for each and every day
that such violation continues, be subject to a fine of not more than
one thousand two hundred fifty ($1,250.00) dollars or be imprisoned
for a term not exceeding ninety (90) days, or both.
b.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required by this Ordinance pursuant to
N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty
not to exceed one thousand two hundred fifty ($1,250.00) dollars and
each lot disposition so made may be deemed a separate violation.
In addition to the foregoing, the City may institute and maintain
a civil action:
1.
For injunctive relief; and
2.
To set aside and invalidate any conveyance made pursuant to such
a contract of sale provided a "Certificate as to Approval of Subdivision
Land" has not been issued in accordance with N.J.S.A. 40:55D-56.
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land, from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two (2) years after the date of the recording of the
instrument of transfer, sale or conveyance of said land or within
six (6) years, if unrecorded.
c.
If, after final approval, it is discovered that there was any misrepresentation
of any statements or proofs contained in any plat or in any application
for approval or in any representations made to induce approval, the
Municipal Agency or the City Council may, in addition to such other
sanctions as are available in the law, revoke the approval of any
plat and proceed as if final approval had not been obtained.
d.
If the developer or agent of the developer shall, after notification
by certified mail from the City Engineer to cease the construction
of improvements, cease the use of certain construction methods and
procedures, or cease the use of or lack of use of site maintenance
methods and procedures which may result in hazards of life, health
or property; continue to carry on the activities specifically included
in cessation order(s) from the City Engineer; then any such developer
or agent of such developer shall be subject to a fine not to exceed
five hundred ($500.00) dollars or to imprisonment for not more than
ninety (90) days. Each and every day that a developer or agent of
a developer operates in violation of this Ordinance after issuance
of a cessation order by the City Engineer shall be considered a separate
and specific violation.
[Ord. #02-19]
Any and all ordinances inconsistent with this Ordinance, including
all Zoning Ordinances of the City of Ocean City previously adopted
are hereby repealed.
[Ord. #02-19]
Should any section, paragraph, word or phrase of this Ordinance
be declared invalid by a Court of competent jurisdiction it shall
not affect the remaining portions which will remain in full force
and effect.
[Ord. #02-19]
This Ordinance shall take effect immediately following final
passage and publication.
[Ord. #02-19]
In their interpretation and application, the provisions of this
Ordinance shall be held to be the minimum requirements for the promotion
of the public health, safety, comfort, morals and general welfare,
as set forth in the provisions hereof establishing the intent and
purpose of this Ordinance in general and its various sections in particular.
Where the provisions of this Ordinance impose greater restrictions
than those of any statute, other ordinance or regulation, the provisions
of this Ordinance shall be controlling. Where the provisions of any
statute, other ordinance or regulation impose greater restrictions
than this Ordinance, the provisions of such statute, other ordinance
or regulation shall be controlling.
[Ord. #02-19]
This Ordinance, being necessary for the welfare of the City
and its inhabitants, shall be construed liberally to effect the purposes
thereof.
[Ord. #02-19]
a.
In the interpretation of this Ordinance, the provisions and rules
of this section shall be observed and applied, except when the context
clearly requires otherwise.
1.
Words used or defined in one tense or form shall include other tenses
and derivative forms.
2.
Words in the singular number shall include the plural number, and
words in the plural number shall include the singular number.
3.
The masculine gender shall include the feminine and the feminine
gender shall include the masculine.
4.
The word "shall" is mandatory.
5.
The word "may" is permissive.
6.
The word "person" includes individuals, firms, corporations, associations,
trusts and any other similar entities.
7.
The word "City" means Ocean City, New Jersey.
8.
The word "County" means Cape May County, New Jersey.
9.
In case of any difference of meaning or implication between the text
of this Ordinance and any caption, illustration, table or appendix,
the text shall control.
When used in this Ordinance, the following terms shall have
the meaning herein ascribed to them:
Shall mean a presumption of the waiver of known rights to
continue a nonconforming use, which presumption is evidenced by a
vacancy of the premises or substantial inactivity with respect to
the use thereof, which vacancy or inactivity extends for a period
of twenty-four (24) or more months.
Shall mean a portion of an existing single family detached
or two (2) family dwelling or an existing accessory building which
has been converted to an additional dwelling unit to be used for year
round occupancy, and which shall be deed restricted for occupancy
by qualified low and moderate income households for a period of ten
(10) years as part of Ocean City's Affordable Housing Program as set
forth in its Fair Share Plan.
Shall mean a structure detached from a principal building
which is customarily associated with, and subordinate and incidental
to, a principal building, and located on the same lot therewith. An
accessory building attached to the principal building shall comply
in all respects with the requirements applicable to the principal
building. Any building with a floor area of five hundred (500) square
feet or more or a building containing living space shall not be considered
an accessory building.
Shall mean a subordinate use of land, or of a building or
portion of a building, or of a structure or a portion of a structure,
which is customarily incidental to the principal use of the land,
building or structure and located on the same lot with such principal
use.
Shall mean the "Americans with Disabilities Act."
Shall mean for all matters before the City Council, the City
Clerk. For all matters pertaining to applications, minutes and other
administrative matters, the Administrative Officer shall be the Secretary
of the Planning Board in matters involving the Planning Board and
the Secretary of the Board of Adjustment in matters involving the
Board of Adjustment. In matters involving issuance of the official
list of adjacent property owners for required notices, the Administrative
Officer shall be the Tax Assessor. In matters involving records maintenance,
the Administrative Officer shall be the Secretary of the Planning
Board in matters involving the Planning Board, the Secretary of the
Board of Adjustment in matters involving the Board of Adjustment,
and the Zoning Officer in matters involving the issuance of a zoning
permit or action taken pursuant to complaints regarding the enforcement
of this Ordinance. In matters involving issuance of a permit or enforcement
of this Ordinance or review of applications submitted to the Planning
Board or Board of Adjustment to determine compliance with this Ordinance
the Administrative Officer shall be the Zoning Officer. In matters
involving review of applications for completeness and for compliance
see definition of "Complete Application."
Shall mean an attorney or some other person authorized, in
writing, to act on behalf of the developer provided, however, that
a corporation shall be represented by an attorney licensed in New
Jersey.
Shall mean the Ocean City Municipal Airport consisting of
land or water, or both, designed and set aside for the landing and
taking-off of fixed wing aircraft and heliport utilized or to be utilized
by the general public for such purposes, publicly or privately owned,
and licensed by the Commissioner of the New Jersey Department of Transportation
as a public use airport, heliport or landing strip.
Shall mean:
Any use of land or water, or both, which may create a dangerous
condition for persons or property in or about an airport or aircraft
during landing or taking-off at an airport; or
Any structure or tree which obstructs the airspace required
for the flight of aircraft in landing or taking off at an airport.
Shall mean any area of land or water, or both, upon which
an airport hazard might be created or established if not prevented
as provided by this Ordinance or N.J.A.C. 16:62 et seq.
Shall mean a public thoroughfare not more than twenty feet
(20') wide which affords a means of access to abutting property.
Shall mean any change or rearrangement in the supporting
members of an existing building such as bearing walls, columns, beams,
girders, or interior partitions, as well as any change in doors, windows,
means of ingress or egress, or any enlargement to or diminution of
a building or structure, whether horizontally or vertically, or the
moving of a building or structure from one location to another.
Shall mean a means of making changes in the text of this
Ordinance of the Zoning Map which have more or less general significance
or application.
Shall mean any place of business containing one (1) or more
amusement devices.
Shall mean any machine, contrivance, or device, which, upon
the insertion of a coin, slug, token, plate, disc or key into a slot,
crevice, or other openings, or by the payment of any price is operated
or may be operated by the public generally for use as a game, entertainment,
or amusement, whether or not registering a score, and shall include,
but not be limited to such devices as electronically operated game
devices, skillball, mechanical games operations or transactions similar
thereto, by whatever name they may be called but shall not include
pool or billiard tables.
Shall mean any building or portion thereof designed or used
for the care, observation or treatment of domestic animals.
Shall mean one (1) or more rooms with private bath and kitchen
facilities comprising an independent, self-contained dwelling unit
in a building containing three (3) or more dwelling units.
Shall mean a means for obtaining review of a decision, determination,
order or failure to act pursuant to the terms of this Ordinance.
Shall mean a developer submitting a development application
under the provisions of this Ordinance.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance or direction
for the issuance of a permit pursuant to N.J.S.A. 40:55D-1 et seq.
Shall mean the Planning Board of Ocean City, unless a different
agency is designated by this Ordinance or by N.J.S.A. 40:55D-1 et
seq.
Shall mean any building, structure or premises which has
for its primary purpose or function the offering of coin and non-coin
operated amusement machines or devices.
Shall mean sills, belt courses, lintels, architraves, pediments
and similar features that are differentiated by the main portion of
a building by no more than four inches (4").
Shall mean a prominent or significant element of a building
or structure. If containing any floor space an architectural feature
shall be included in the calculation of building coverage and lot
coverage. Full and partial bays with windows, porches, chimneys, open
and enclosed stairs are examples of architectural features.
[Ord. #2016-13 § 1]
Shall mean an architectural feature, except for chimneys
and the full length or depth of a garage wall that is differentiated
from the main portion of a building.
[Ord. #14-36 § 1; Ord. #2016-13 § 1]
Shall mean a roadway so designated on the Circulation Plan
of the Master Plan of the City.
Shall mean the unfinished, nonhabitable space between the
ceiling beams of the top story and the roof rafters. An attic shall
be in compliance with Subsection 25-300.16.1.e.
[Ord. #14-44 § 1]
Shall mean the general engine rebuilding or reconditioning
of motor vehicles, collision service, such as body repair, frame or
fender straightening and repair, or overall painting of motor vehicles.
Shall mean a place of business where the primary purpose
is the sale of new or used motor vehicles, having a building with
either showrooms, office space, repair and/or maintenance facilities
with or without outside sales on the same business premises or immediately
adjacent thereto.
Shall mean a roof-like cover of canvas or similar plastic
material stretched over a frame that is temporary in nature and that
projects from the wall of a building for the purpose of shielding
a doorway, window or storefront from the elements.
Shall mean a platform or similar structure projecting from
the wall of a building enclosed by a railing or parapet.
Shall mean the elevation, based on mean sea level, of a flood
that has a one percent (1%) or greater chance of occurrence in any
given year as established by the Federal Emergency Management Agency
and as shown on the Flood Insurance Rate Maps or on other FEMA flood
maps, including the Advisory Base Flood Maps, as may be in effect.
Shall mean a facility that is either owner-occupied, or occupied
and operated by a resident manager, offering overnight accommodations
and a morning meal in a dwelling unit provided to clientele on a limited
tenure basis for compensation.
Shall mean a room or portion of a structure with the principal
function of serving as sleeping quarters.
Shall mean the effective Flood Insurance Risk Maps or most
recent Advisory Flood Hazard Area Maps FEMA has provided
[Added 2-23-2023 by Ord. No. 23-02]
Shall mean 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.
Shall mean the Board of Adjustment of the City of Ocean City,
commonly known as the Zoning Board established pursuant to N.J.S.A.
40:55D-69.
Shall mean any building, together with any related structure,
accessory building, any land appurtenant thereto, and any part thereof,
which contains two (2) or more units of dwelling space arranged or
intended for single-room occupancy, exclusive of any such unit occupied
by an owner or operator, and wherein personal or financial services
are provided to the residents, including any residential hotel or
congregate living arrangements, but excluding any hotel, motel or
established guest house wherein a minimum of eighty-five percent (85%)
of the units of dwelling space are offered for limited tenure only;
any foster home as defined in N.J.S.A. 30:4C-26.1; any community residence
for the developmentally disabled as defined in N.J.S.A. 30:11B-2;
any dormitory owned or operated on behalf of any nonprofit institution
of primary, secondary or higher education for the use of its students;
any building arranged for single-room occupancy wherein the units
of dwelling space are occupied exclusively by students enrolled in
a full-time course of study at an institution of higher education
approved by the Department of Higher Education; and any facility or
living arrangement operated by, or under contract with, any State
department or agency, upon the written authorization of the Commissioner.
|
LIMITED TENURE - Shall mean residence at a rooming
or boarding house on a temporary basis, for a period lasting no more
than ninety (90) days, when a resident either maintains a primary
residence at a location other than the rooming or boarding house or
intends to establish a primary residence at such a location other
than the rooming or boarding house or intends to establish a primary
residence at such a location and does so within ninety (90) days after
taking original residence at the rooming or boarding house.
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Shall mean the elevated public pedestrian walkway constructed
over the municipal right-of-way.
Shall mean Building Officials & Code Administrators Building
BOCA Code.
Shall mean open spaces, landscaped areas, fences, wall, berms,
or any combination thereof generally adjacent to and parallel to the
property line, used to physically separate or screen one use or property
from another so as to visually shield or block noise, lights, or other
nuisances.
Shall mean a continuous strip of land used to separate land
uses and/or activities and to provide transition areas between different
traffic flows thereby improving the conditions for public safety;
such strips may also be landscaped to block a clear view between separate
uses where screening is desirable or required.
Shall mean a combination of materials to form a structure
adapted to permanent, temporary or continuous occupancy and having
a roof.
Shall mean that aggregate of the areas of all enclosed and/or
roofed spaces of the principal building and all accessory buildings.
Such areas shall be computed by using the outside building dimensions
measured on a horizontal plane along the building line.
Shall mean the total interior living area of a principal
building including covered porches, and the area occupied by stairs
and stair towers in single-family dwellings. Decks, exterior stairs
and balconies that may have a roof but are not enclosed. Stairwells
and elevator shafts shall not be considered to be part of the habitable
building area.
Shall mean the total interior living area of a principal
building, including the area occupied by stairs and stair towers in
single-family dwellings. Decks, exterior stairs, porches, and balconies
that may have a roof but are not enclosed. Stairwells and elevator
shafts shall not be considered to be part of the habitable building
area.
Shall mean:
An attic and enclosed, unfinished area located below BFE including
building access, carport, crawlspace, elevator, private residential
garage, stairwell and storage room, and
Unenclosed exterior living areas of a building, such as porches,
decks and balconies. Although not enclosed, these elements may have
a roof.
Shall mean the percentage of a lot covered by the Habitable
Building Area. The percentage is calculated by dividing the habitable
building area by the lot area and multiplying by 100.
Shall mean the percentage of a lot covered by all accessory
and principal buildings, but excluding decks at the same and below
the elevation of the first finished floor in the rear yard of waterfront
lots, calculated as follows: Building Coverage = Building Area (plus
the area of all decks at the same and below the elevation of the first
finished floor for nonwaterfront lots) divided by Lot Area. Where
a porch as defined herein, and in compliance with Subsection 25-300-16.1d
is provided, up to two percent (2%) of the lot area may be excluded
from building coverage for said porch.
Shall mean the vertical distance between the zoning flood
elevation or lowest floor, whichever is lower, and the highest point
of the primary (main) roof. For nonresidential uses, building height
shall be defined as the vertical distance between the highest point
of the primary (main) roof and the centerline elevation of the adjacent
street. For corner lots, the street having the shortest lot dimension
shall be considered the adjacent street.
Shall mean a line formed by the intersection of a horizontal
plane at average grade level and a vertical plane that coincides with
the exterior surface of the building on any side. In the case of a
cantilevered section of a building the vertical plane will coincide
with the most-projected wall surface. In the case of roof lines which
project beyond the outside walls of the building, the vertical plane
will coincide with the most-projected point of the wall. All yard
requirements are measured to the building line, in accordance with
the schedules of this Ordinance.
Shall mean a building in which is conducted the predominant
use of the building site on which it is situated. In any residential
district a dwelling shall be deemed to be the principal building.
Shall mean the stockpiling or warehousing of materials, which
may or may not be enclosed within a structure, including, but not
limited to sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,
metal, concrete and insulation.
Shall mean a structure separating land and water areas, primarily
designed to resist earth pressures.
Shall mean the line established on the maps titled "Official
Bulkhead Line of Ocean City, N.J." dated October 12, 1971 and as amended.
Shall mean a detached unheated accessory one-story structure
which may contain a sink, shower and toilet (if elevation and applicable
building codes permit) used as a dressing room or seasonal cooking
area with storage of pool and/or recreational accessories.
[Added 12-12-2019 by Ord.
No. 19-15]
Shall mean a permanent multi-sided roof-like cover constructed
with a rigid frame that cannot be retracted, folded, or collapsed,
attached to and projecting from a building.
Shall mean a governmental acquisition of real property and/or
a major construction project as further defined in N.J.S.A. 40:55D-29.
Shall mean a roofed structure enclosed on not more than two
(2) sides providing space for the parking of motor vehicles. Carport
shall not be counted as a story.
Shall mean:
[Ord. #2016-26 § 1; amended 2-23-2023 by Ord. No. 23-02]
Any change from an industrial use to any other industrial use;
Any increase in the number of dwelling units in a structure;
Any change from any nonresidential use to any other use for
which any standard set forth in this Ordinance is greater or more
restrictive; i.e. parking requirements;
Any change from a residential use to any nonresidential use;
Any change in use from any existing or permitted use to any
conditional use.
A change to any use, from a motel, hotel, rooming house, guest
house, multi-family dwelling or other similar establishment.
Any change in the size, or increase or decrease in the number
of rooms, units or apartments in a motel, hotel, rooming house, guest
house, or multi-family dwelling or other similar establishments.
Any increase in the size or increase in the number of rooms,
or units, or apartments in a Bed and Breakfast.
Exception to this "change in use" definition is a change in
use from a Bed and Breakfast to a single-family home with no more
than two (2) pre-existing and legally created ancillary and/or accessory
apartments.
Exception to this "change in use" definition is the conversion
of a triplex to a duplex or one-family dwelling.
Shall mean a building or group of buildings, including customary
accessory buildings, designed or intended for public worship. For
the purpose of this Ordinance, the word "church" shall include chapels,
cathedrals, temples and similar designations, as well as parish houses,
convents and such accessory uses.
Shall mean structures and physical improvements used for
the movement of people, water, air, sewerage or power by such means
as streets, sidewalks, alleys, highways, railways, pipes and conduits,
which may include terminal, stations, warehouses and other storage
buildings or transshipment facilities.
Shall mean the licensed New Jersey Professional Engineer
appointed by the Mayor in accordance with NJ State Law 40:55D to render
engineering services and advice to the City.
Shall mean the licensed New Jersey Professional Land Surveyor
appointed by the Mayor to render surveying services and advice to
the City, including maintenance and certification of tax maps, pursuant
to N.J.S.A. 45:8-36, -41, and -43; N.J.S.A. 46:23-9-2 and N.J.S.A.
40:50-9 and N.J.S.A. 313:40-5.1.
Shall mean an establishment where patients, who are not lodged
overnight, are admitted for examination and treatment by a group of
physicians practicing medicine together.
Shall mean a building or portion thereof or premises owned
or operated by a corporation, association, person or persons for social,
educational or recreational purposes, but not primarily for profit
or to tender a service which is customarily carried on as a business.
Shall mean the New Jersey Council of Affordable Housing.
Shall mean a permit used for specific development within
the coastal area of New Jersey in accordance with N.J.S.A. 13:19 et
seq. and in accordance with rules and regulations promulgated thereunder
in the New Jersey Administrative Code (N.J.A.C.) 7:7D-1.0 et seq.
Shall mean an area with a specified minimum contiguous area
of fifteen thousand (15,000) square feet and one hundred fifteen (115)
feet of depth developed as fee simple parcels according to a plan
containing detached single-family dwellings and a common open space
area as an appurtenance.
Shall mean the lands designated by the New Jersey Wetlands
Law (N.J.S.A. 13:9A-1 et seq.).
Shall mean a roadway so designated on the Circulation Plan
Element of the Master Plan.
Shall mean any motor vehicle which is required by law to
bear any license plate other than that issued for passenger car use
or motorcycle use. Also, any motor vehicle which by reason or characteristic
coloring, or marking exceeding one (1) square foot in area, is identified
or commonly associated with any business, industry or public agency
shall be considered a commercial vehicle within the meaning of this
Ordinance. A passenger car used in business by a resident shall not
be considered a commercial vehicle if it does not conflict with the
above definition thereof.
Shall have the same meaning as defined in N.J.S.A. 40:55D-66.2.
Shall have the same meaning as defined in N.J.S.A. 40:55D-66.2.
Shall mean an application form completed as specified by
Ordinance and the rules and regulations of the municipal agency and
all accompanying documents required by Ordinance for approval of the
application for development.
Shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in this Ordinance, and upon the issuance of
authorization therefor by the Planning Board.
Shall mean lands that abut each other.
Shall mean a composite of the Master Plan for the physical
development of Cape May County with the accompanying maps, plates
and charts as well as the descriptive and explanatory matter adopted
by the Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
Shall mean the Planning Board of Cape May County as defined
in N.J.S.A. C.40:27-6.1.
Shall mean an area which is bounded by three (3) or more
attached building walls.
Shall mean a nonhabitable space between the top of the lowest
habitable floor and the floor or ground below, which permits access
to pipes, ducts, and wiring. A crawl space shall not be considered
a story. Egress windows, egress doors, plumbing fixtures, telephone
and cable connections shall not be permitted in a crawl space.
Shall mean a break or depression in the curbing adjacent
to a street.
Shall mean the officially established grade of the curb in
front of the midpoint of the lot.
Shall mean calendar days.
Shall mean an open and uncovered floor elevated or raised
eighteen inches (18") or more above ground level and constructed of
any material capable of supporting the intended load levels. Second
floor decks shall not be considered a roof for a first floor deck.
Deck or porch railing with distinct decorative architectural
properties. Examples of decorative railings include but are not limited
to Gingerbread, Chip and Dale, Cable Rail, Craftsmen, and Prairie
Style railings. Vertical spindle railings do not meet the definition
of Decorative Architectural Railing. Painting or changing the color
of standard spindle railing does not qualify as Decorative Architectural
Railing.
[Ord. #2016-14 § 1]
Shall mean an ornamental, nonhabitable rooftop structure
that is not used for any purpose other than as an architectural embellishment
or as static ventilation, having an area not greater than three percent
(3%) of the horizontal area of the roof covering the enclosed portion
of the building.
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
Shall mean a workplace for designers and artisans engaged
in conceiving, designing and developing new products or objects. Facilities
in a design studio may include clothes, furniture art equipment best
suited for design work and extending to work benches, small machines,
computer equipment, paint shops and large presentation boards and
screens.
[Added 12-12-2019 by Ord.
No. 19-15]
Shall mean an area whose invert is below adjacent ground
and is utilized for the temporary storage of stormwater runoff. The
basin usually has an inlet pipe(s) and always has an outlet.
Shall mean the legal or beneficial owner or owners of a lot
or of any land together with any improvements thereon shown to be
included in proposed development, including the holder of an option
or contract to purchase, or other person having an enforceable proprietary
interest in such lands. Developer shall also mean an individual, person,
partnership, association, company or corporation that is improving
real property by the construction of two (2) family, multi-family
or commercial units.
Shall mean division of a parcel of land into two (2) or more
parcels; the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or structure;
or of any mining, excavation or land fill, any use or change in the
use of any building, structure or land, or the extension of use therein,
for which approval is required pursuant to this Ordinance and N.J.S.A.
40:55D-1 et seq.
Shall mean money paid by an individual person, partnership,
association, company or corporation for the improvement to real property
as permitted in COAH's rules, and set forth herein.
Shall mean a method or procedure utilizing performance standards
as contained in this Ordinance, combined with basic standards that
will determine the suitability and/or eligibility of a particular
site for development under this Ordinance.
Shall mean a regulation governing the use and development
of land within the City of Ocean City, including this Ordinance, or
other municipal regulations or amendments thereto adopted and filed
pursuant to N.J.S.A. 40:55D-1 et seq.
Shall mean an area in the City with characteristics that
distinguish it from other areas and that may include distinct ethnic
or economic characteristics, housing types, street layout, lot size,
schools, or boundaries defined by physical barriers or natural features.
Shall mean a secondary element that projects from a sloping
roof that contains a window.
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means and includes control of runoff
to minimize erosion and sedimentation during and after construction
or development, 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 non-point
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 and the prevention or alleviation of
flooding.
Shall mean the land required for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or watercourse to provide for "drainage" as defined above.
See definition of "Dwelling, Two-Family."
Shall mean any structure or portion thereof which is designed
or used for residential purposes.
Shall mean a dwelling containing three (3) or more dwelling
units.
Shall mean a detached building which includes one (1) kitchen,
internal stairs connecting all floors within the building, and designed
for and occupied exclusively by one (1) or more persons living as
a single, nonprofit housekeeping unit.
Shall mean a single structure which contains two (2) dwelling
units which are entirely separated and physically connected by common
unpierced vertical walls or horizontal floors. Each dwelling unit
shall be provided with an independent means of ingress/egress directly
to the outside.
Shall mean any room or group of rooms located within a dwelling
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking, eating and sanitation
by one (1) family or housekeeping unit.
Shall mean a non-basement building (i) built, in the case
of a building in an area of special flood hazard, to have the top
of the elevated floor or, in the case of a building in a coastal high-hazard
area, to have the bottom of the lowest horizontal structural member
of the elevated floor, elevated above the base flood elevation by
means of piling, columns (posts and piers), or shear walls parallel
to the flow of the water, and (ii) adequately anchored so as not to
impair the structural integrity of the building during a flood up
to the magnitude of the base flood. In an area of special flood hazard
"elevated building" also includes a building elevated by means of
fill or solid foundation perimeter walls with openings sufficient
to facilitate the unimpeded movement of flood waters. In areas of
coastal high hazard "elevated buildings" also includes a building
otherwise meeting the definition of "elevated building" even though
the lower area is enclosed by means of breakaway walls.
[Ord. #14-23 § 1]
Shall mean any public or private establishment providing
entertainment, including an indoor theater; dinner theater; museum
(including interactive museum); auditorium.
Shall mean the value of property determined by the Municipal
Tax Assessor through a process designed to ensure that all property
in the municipality is assessed at the same assessment ratio or ratios
required by law. Final equalized assessed value will be determined
at project completion by the Municipal Tax Assessor.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice and gravity.
Shall mean a fee payable to the City of Ocean City in accordance
with § 1300 which constitutes an estimate of all necessary and
reasonable costs to be incurred by the City.
Shall mean the erection, construction, alteration or maintenance
by public utilities, municipal or other governmental agencies, of
the underground or overhead gas, electrical, steam or water transmission
or distribution systems, including poles, wires, main drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith reasonably necessary for the furnishing of adequate service
by such public utility or municipal or other governmental agencies
or for the public health or safety or general welfare, but not including
buildings, transmission towers or reception towers.
Shall mean any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
Shall mean occupancy after September 20 and before June 20
greater than thirty (30) but no more than one hundred twenty (120)
consecutive days in any one (1) year period occupied by the same person(s)
who does not own the unit and who is not related to the unit owner.
Shall mean the total wall surface, including the door and
window areas of a building's principal face. In the case of corner
buildings which front on more than one (1) street, only the front
yard face shall be used to calculate the facade area.
Shall mean a group of two (2) or more persons living upon
the premises as a separate housekeeping unit, or a collective body
of persons living together upon the premises as a separate housekeeping
unit in a domestic relationship based upon birth, blood, marriage
or other domestic bond or agreement.
Shall mean the Federal Emergency Management Agency.
Shall mean an artificially constructed barrier of wood, masonry,
stone, wire, metal or any other manufactured material or combination
of materials.
Shall mean a fence in which at least fifty percent (50%)
of the area between grade level and the top cross member is open.
Shall mean any establishment serving motor vehicles with
fuel, supplies and accessories but not major repairs.
Shall mean a layer of sand and/or gravel designed to prevent
the movement of fine-grained soil.
Shall mean a long, narrow vegetative planting used to retard
or collect sediment for the protection of diversions, drainage basins
or other structures.
Shall mean the official action of the Planning Board or Zoning
Board of Adjustment taken on an approved preliminary plat of a major
subdivision or site plan presented to either the Planning Board or
Zoning Board of Adjustment after all conditions of preliminary approval
have been met and after the required improvements have been installed
or guarantees for their installation have been properly posted.
Shall mean the map of all or a portion of the subdivision
which is presented to the Planning Board for final approval in accordance
with these regulations, and which, if approved, shall be filed with
the proper County recording officer.
Shall mean the proposed elevations of the land surface of
a site after completion of all site preparation work related to the
proposed use for which approval under or pursuant to this Ordinance
is required. In relation to zoning flood elevation, finished grade
shall be the average of four (4) representative spot elevations adjacent
to the building foundation taken by a New Jersey Professional Licensed
Surveyor. (Finished grade is not to be used to determine the need
for flood vents as may be required per NFIP).
Shall mean a structure buoyed up by water, not considered
to be a vessel by the U.S. Coast Guard, containing a superstructure
resembling a house and used as a residence.
Shall mean 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.
Shall mean the sum of the gross horizontal areas of the floors
of the building, or buildings, measured from the exterior faces of
exterior walls, or from the centerline of walls separating two (2)
buildings. In particular, the gross floor area of the building shall
not include:
Elevator shafts and stairwells;
Basement space;
Floor space used for mechanical equipment with structural headroom
of seven feet six inches (7'6") or less;
Interior balconies or mezzanine;
Decks and porches;
Accessory water tanks and cooling towers which project above
a main roofline;
Uncovered steps;
Terraces, breezeways and open spaces; and
Accessory off-street loading berths up to two hundred percent
(200%) of the amount demanded by the scheduled requirements. Space
utilized for off-street parking shall be included in the calculation
of gross floor area.
Shall mean all habitable building area in a principal structure
divided by the lot area. For purposes of FAR, habitable building area
includes all enclosed interior spaces (except for attics) located
on lowest floor at or above the Zoning Flood Elevation. The value
in the FAR numerator shall be the area (in square feet) established
by measuring from the exterior faces of exterior walls and shall include
all habitable building area having a floor to ceiling joist height
of seven feet (7') and greater. Detached accessory structures such
as garages and sheds, and nonhabitable building area are not included
in the calculation of floor area ratio.
Shall mean the main entry hall in a dwelling unit. A dwelling
unit may have one (1) foyer.
Shall mean a funeral home or mortuary operated by a licensed
mortician in accordance with N.J.S.A. 27:23-1 et seq. A funeral home
or mortuary shall not be considered a home occupation or a professional
office. (See Conditional Uses.)
Shall mean a structure that is not attached to any other
building, that is accessory to a residential building, providing space
for the parking of motor vehicles.
Shall mean a garage used primarily for the parking and storing
of vehicles owned by the general public.
Shall mean a building or space used as an accessory to the
principal residential building which provides for the parking and
storage of motor vehicles owned and operated by the residents thereof,
and in which no residential occupancy, occupation, business or other
service for profit is conducted. A garage shall not be counted as
a story.
Shall mean any garage other than a private garage, available
to the public, operated for gain, which is used for equipping, adjusting,
storage, rental, repair, inspecting, greasing, washing, polishing
or other cleaning and servicing of automobiles or other motor vehicles,
including gasoline filling stations but shall not be construed to
include motor vehicle showrooms for new or used vehicles.
Shall mean an open structure with an open framed roof, often
latticed, supported by latticework frame, posts or columns.
Shall mean the City Council of the City of Ocean City.
Shall mean the existing undisturbed elevation of land, ground,
and topography pre-existing or existing on a lot, parcel or tract
of land at the time of the adoption of this Ordinance.
Shall mean the completed surface of lawns, walks and roads
brought to the grade(s) as shown on official plans or designs relating
thereto or as existing if no plans or designs have been approved.
Shall mean any stripping, cutting, filling, stockpiling or
any combination thereof and shall include the land in its cut or filled
condition.
Shall mean an establishment, structure or business licensed
by the City of Ocean City and the New Jersey Department of Community
Affairs to rent habitable rooms or apartments on a limited tenure
basis where housekeeping services are provided on a scheduled basis
to occupants.
Shall mean interior space which has a clear floor-to-ceiling
height of not less than seven feet six inches (7'6") for living, sleeping,
eating or cooking. Bathrooms, toilet compartments, closets, halls,
storage or utility spaces and similar areas are not considered habitable
spaces. If the clear floor-to-ceiling height is less than seven feet
six inches (7'6"), the area may not be used as habitable space unless
it was legally built prior to 1994.
Shall mean the uppermost floor integrated into a pitched roof designed in compliance with § 25-300.16.
Shall mean the uppermost floor integrated into a sloping (minimum 4 in 12 pitch) roof designed in compliance with the standards contained in Subsection 25-300.16.1. (See Subsection 25-300.16.1 for design standards.)
 |
Shall mean material including, but not limited to, inorganic
mineral acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus,
selenium and arsenic and their common salts; lead, nickel, and mercury
and their inorganic salts or metallo-organic derivatives; coal tar
acids, such as phenols and cresols, and their salts; petroleum products;
and radioactive materials.
Shall mean any boundary or barrier formed by vegetation that
will be closely-growing when mature, established naturally or planted.
Shall mean a line showing the upper inland wetlands boundary
(a biological "high water line") on a series of maps prepared by the
State of New Jersey Department of Environmental Protection in accordance
with the provisions of "The Wetlands Act," N.J.S.A. 13:9 A-1 et seq.,
said line being established from photographs and each of these maps
being on file in the Office of the Cape May County Clerk and the Ocean
City Clerk's Office.
Shall mean one or more historic sites and intervening or
surrounding property significantly affecting or affected by the quality
and character of the historic site or sites.
Shall mean any real property, man-made structure, natural
object or configuration or any portion or group of the foregoing which
have been formally designated in the Master Plan as being of historical,
archaeological, cultural, scenic or architectural significance.
Shall mean an incorporated, nonprofit organization operating
under a recorded land agreement through which: (a) each lot owner,
condominium owner, stockholder under a cooperative development, or
other owner of priority or interests in the project shall be a member;
(b) each occupied dwelling unit is subject to a charge for proportionate
share of the expenses for the organization activities and maintenance
including any maintenance costs levied against the association or
the City; and (c) each owner and tenant has a right to use a common
property.
Shall mean a facility offering accommodations to the general
public for limited tenure lodging, and which may include additional
facilities and services, such as restaurants, meeting rooms, entertainment,
personal services, and recreational facilities.
Shall mean a large, flat-bottom vessel not considered to
be seaworthy, with a superstructure resembling a house, and used as
a residence.
shall mean any natural or man-made surface that does not permit the infiltration of water, including all principal and accessory buildings, decks, porches, driveways, sidewalks, patios and parking areas, constructed of gravel, crushed stone or crushed shells, brick pavers, asphalt or concrete, areas underlain with plastic sheeting, and other materials determined by the City Engineer. "Impervious surface" does not include retaining walls eight (8) inches or less in width below the cap; landscaped areas in a natural state, vegetated, or mulched with stone such as river rock over a porous weed barrier; and permeable pavers utilized for the required number of off-street parking spaces in accordance with Subsection 25-300.12.4j.
Shall mean any natural or man-made surface that does not permit the infiltration of water, including all principal and accessory buildings, decks, porches, driveways, sidewalks, patios and parking areas, constructed of gravel, crushed stone or crushed shells, brick pavers, asphalt or concrete, areas underlain with plastic sheeting, and other materials determined by the City Engineer. "Impervious surface" does not include retaining walls eight inches or less in width below the cap; landscaped areas in a natural state, vegetated, or mulched with stone such as river rock over a porous weed barrier; and permeable pavers utilized for driveways and off-street parking spaces in accordance with § 25-300.12.4j of this Ordinance.
[Amended 5-11-2023 by Ord. No. 23-10]
Shall mean (a) In a criminal or quasi-criminal proceeding
arising out of this Ordinance, any citizen of the State of New Jersey;
and (b) In the case of a civil proceeding arising out of or involving
this Ordinance in any court or in any administrative proceeding under
this Ordinance, any person, whether residing within or without the
City of Ocean City, whose right to use, acquire or enjoy property
is or may be affected by any action taken under this Ordinance, or
whose right to use, acquire or enjoy property under this Ordinance
or under any other law of this State or of the United States has been
denied, violated or infringed by an action or failure to act under
this Ordinance, N.J.S.A. 40:55D-1 et seq.
Shall mean any area and/or structure used or intended to
be used in the operation of the business of selling, buying, storing,
recycling or trading in used or discarded metal, glass, building materials,
paper, cordage or any used disabled fixtures, vehicles or equipment
of any kind. Junkyards are specifically prohibited in the City of
Ocean City. Municipal owned or licensed facilities solid waste recycling
and/or transfer stations which are designed to comply with the N.J.
Solid Waste Management Act shall not be deemed to be junkyards and
are exempted from the provisions of this Ordinance.
Shall mean any building or lot on which four (4) or more
domesticated animals more than four (4) months of age are housed,
bred, boarded, trained or sold for commercial purposes. Kennels are
specifically prohibited in all zones except for municipally owned
or licensed humane societies or animal shelters.
Shall mean a room or part of a room used primarily for cooking
and food preparation typically equipped with a stove, a sink with
hot and cold running water, a refrigerator, cabinets, a microwave
oven, a dishwasher and other appliances.
Includes improvements and fixtures on, above or below the
surface.
Shall mean an intermediate platform on a flight of stairs,
or the area at the top or bottom of a staircase having an area not
greater than thirty-six (36) square feet.
Shall mean an establishment providing washing, drying or
dry-cleaning machines, or all three (3), on the premises for rental
use to the general public for family laundering or dry-cleaning purposes.
Shall mean lodging accommodations on a temporary basis wherein
the owner of said unit or an owner's guest is prohibited from occupying
the unit or suite for more than thirty (30) days in any seasonal quarter
(i.e. summer, fall, winter and spring) in any calendar year. Said
temporary residence shall not be extended beyond thirty (30) days
in any seasonal quarter by moving into another unit within the same
establishment. The prohibition shall further provide, with the exception
of an owner or an owner's guest occupying the unit during this thirty
(30) day period, any users of the hotel unit shall pay no less than
the market rental for the unit as determined by the management of
the hotel. The season quarter shall be:
Shall mean an unobstructed, hard-surfaced area no part of
which is located in any street, drive aisle, parking space, or public
right-of-way and the principal use of which is for the standing, loading
or unloading of trucks and trailers.
Shall mean 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.
Shall mean an area of land which is determined by the limits
of the lot lines bounding that area and is always expressed in terms
of square feet, except for parcels adjoining the ocean, bay, lagoon
or other water body, where lot area shall only include the area landward
of the bulkhead line, or the mean high water line, whichever is most
landward.
Shall mean a parcel of land at the junction of and abutting
on two (2) or more intersecting streets when the interior angle of
the intersection does not exceed one hundred fifty (150) degrees from
its side lot lines.
Shall mean a mean horizontal distance between the front and
rear lot lines measured perpendicular to the general direction of
lot frontage. In the case of a street of undefined width, said lot
line shall be assumed to parallel the centerline of the street at
a distance of twenty-five feet (25') therefrom.
Shall mean the horizontal distance of lot lines, or portions
thereof, which are co-existent with a street right-of-way line.
Shall mean any lot other than a corner lot.
Shall mean any boundary of a lot.
Shall mean the horizontal distance between the side lot lines
measured at right angles to its depth, or in the case of any lot where
the front and rear property lines are not of equal length, the arithmetic
mean of the front and rear lot lines.
Shall mean the lowest floor of the lowest enclosed area [including
basement]. An unfinished or flood resistant enclosure, useable solely
for the parking of vehicles, building access or storage in an area
other than a basement is not considered a building's lowest floor
provided that such enclosure is not built so to render the structure
in violation of other applicable non-elevation design requirements
of 44 CFR Section 60.3.
[Amended 2-23-2023 by Ord. No. 23-02]
Shall mean a household with a gross household income equal
to fifty percent (50%) or less of the median gross household income
for households of the same size within the County of Cape May as determined
by the Council on Affordable Housing and set forth in N.J.A.C. 5:93
et seq., or subsequent rules and regulations.
Shall mean any security which may be accepted by the City
of Ocean City for the maintenance of any improvements required under
this Ordinance pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
Shall mean a covered walkway or public promenade lined with
two (2) or more vendors or tenants dispensing goods for retail. The
mall shall have a minimum width of thirty feet (30') with one (1)
ten foot (10') clear exit between vendors. The minimum gross floor
area for each tenant shall be determined by the number of employees
in the shop at the ratio of thirty (30) square feet per employee.
Shall mean the treatment or processing of raw products, and
the production of articles or finished products from raw or prepared
materials by giving them new forms or qualities.
Shall mean any facilities or activity associated with fishing
or boating, either for sport or for commercial gain.
Shall mean any hood or permanent construction that projects
from the wall of a building, usually above an entrance.
Shall mean a composite of one (1) or more written or graphic
proposals for the development of the City of Ocean City as set forth
in and adopted pursuant to this Ordinance and N.J.S.A. 40:55D-28 and
including any amendments thereto.
Shall mean the Chief Executive of the City of Ocean City.
See definition of "Mall."
Shall mean a household with a gross household income of more
than fifty percent (50%) but less than eighty percent (80%) of the
median gross household income for households of the same size within
the County of Cape May as determined by the Council of Affordable
Housing and set forth in N.J.A.C. 5:93 et seq., or subsequent rules
and regulations.
Shall mean a group of permanent structural units wherein
sleeping accommodations are provided to transient guests and which
are occupied for a sleeping purpose.
Shall mean the Municipal Planning Board or Board of Adjustment
or the governing body of the City of Ocean City, when acting pursuant
to this Act, and any agency which is created by or responsible to
one (1) or more municipalities when such agency is acting pursuant
to this Act.
Shall mean N.J.S.A. 40:55D-1 et seq. (Chapter 219 Laws of
New Jersey, 1975 as amended).
Shall include, but not be limited to, City sponsored affordable
housing.
Shall mean the City of Ocean City.
Shall mean New Jersey Statutes Annotated.
Shall mean a lot of record existing at the date of passage
of this Ordinance, the area or dimensions of which were lawful at
the time the lot was created but fails to conform to the requirements
of the zoning district in which it is located.
Shall mean a structure the size, dimension or location of
which was lawful at the time constructed but fails to conform to the
zoning district in which it is located by reason of such adoption,
revision or amendment.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of the zoning provisions of this Ordinance,
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.
Shall mean a fee payable to the City of Ocean City in accordance
with § 1300 which is not refundable to the applicant whether
the application is heard, not heard or withdrawn. Said nonrefundable
application fee is intended to cover the City's in house cost such
as but not limited to:
Shall mean an establishment licensed by the N.J. Department
of Health which provides full-time convalescent or chronic care, or
both, for individuals who are not related by blood or marriage to
the operator and who, by reason of advanced age, chronic illness or
infirmity, are unable to care for themselves.
Shall mean the specific purpose for which land or a building
is used, designed or maintained.
Shall mean a map adopted by Ordinance by the City Council
pursuant to N.J.S.A. 40:55D-32 et seq.
Shall mean located outside the lot lines of the lot in question,
but within the property (of which the lot is a part) which is the
subject of a development application or the closest half of the street
or right-of-way of which the lot is a part.
Shall mean not located on the property which is the subject
of a development application, nor on the closest half of the abutting
street or right-of-way.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on the closest of an abutting street
or right-of-way.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment of owners and occupants of land adjoining
or neighboring such open space; which area shall be open to the sky
on the same lot with a principal and/or accessory building, which
space does not include required parking area, parking access areas
and/or required buffer strips and side yards.
Shall mean an open space area within or related to a development
site, designated and intended for the use and enjoyment of the residents
and owners of the development. Common open space may contain such
complimentary structures and improvements as are necessary and appropriate
for the use or enjoyment of the residents and owners of the development.
Shall mean an open space area conveyed or otherwise dedicated
to a municipality, municipal agency, Board of Education, County or
State Agency, or other public body for recreation or conservation.
Shall mean any individual, group of individuals, firm, association
or corporation having equitable or legal title to the land sought
to be developed.
Shall mean the extension of the main walls of a building
above the roof level.
Shall mean an off-street area designed for parking five (5)
or more passenger or other vehicles. On-site parking areas for one
(1) and two (2) family dwelling units shall not be deemed to be parking
lots.
Shall mean an off-street space available for the parking
of a motor vehicle, exclusive of access drives and aisles thereto
required as part of an application for development, Zoning Permit,
building permit or Certificate of Occupancy.
[Amended 2-23-2023 by Ord. No. 23-02]
Shall mean for the purpose of notice, any applicant for development,
the owners of the subject property and all owners of property and
government agencies entitled to notice pursuant to N.J.S.A. 40:55D-12.
Shall mean an unroofed level surfaced area directly adjacent
to a principal building not more than eighteen inches (18") above
grade measured from the average lot elevation along a line ten feet
(10') from and parallel to the rear building line.
Shall mean any security which may be accepted by the City,
including cash as specified in N.J.S.A. 40:55D-53.5.
Shall mean a structure of regularly spaced posts or columns
supporting of crossing rafters or trelliswork. Pergolas shall not
be considered as building coverage or impervious coverage.
Shall mean and include corporations, companies, associations,
societies, firms, partnerships and joint stock companies, as well
as individuals.
Shall mean any building or structure, other than a kennel,
where domesticated animals are kept or displayed for the purpose of
sale to individuals for personal appreciation and companionship rather
than for business or research purposes.
Shall mean the Municipal Planning Board of the City of Ocean
City established pursuant to N.J.S.A. 40:55D-23 of the Municipal Land
Use Law.
Shall mean a map or maps of a subdivision or site plan.
Shall mean a plan view of a lot or subdivision on which is
shown topography, location of existing and proposed buildings, structures,
roads, rights-of-way, boundaries, essential dimensions and bearings,
private and public utilities or existing drainage facilities and any
other pertinent information required by this Ordinance, the Administrative
Officer, the Planning Board or the Zoning Board of Adjustment.
Shall mean a porch roof projecting over a driveway at the
entrance to a building.
Shall mean the conferral of certain rights pursuant to the
provisions of the Municipal Land Use Law and this Ordinance, prior
to final approval but after the specific elements of a development
plan have been agreed upon by the Planning Board and the applicant.
Shall mean the architectural drawings prepared during the
early introductory stages of the development of a plan which illustrate
in schematic form its scope and relationship to its site and the immediate
environs.
Shall mean the preliminary map which indicates the proposed
layout of a subdivision that is submitted to the Planning Board or
Zoning Board for consideration and tentative approval and that meets
the requirements of this Ordinance.
Shall mean a building or use in which is conducted the main
or predominant use of the lot upon which said building or use is located.
An accessory structure attached to a principal structure becomes a
part of the principal structure and must adhere to all principal building
requirements.
Shall mean a building and related facilities owned or operated
by a corporation, association or group of persons for social, educational
or recreational purposes of members regularly paying dues, but not
primarily for profit nor to render a service which is customarily
carried on as a business.
Shall mean a day care, training and socializing center for
six (6) or more preschool or kindergarten children supervised by adults,
housed within a private residence, or a portion of such residence,
on a privately owned lot.
Shall mean the office of a member of a recognized profession.
Shall mean (a) public parks, playgrounds, trails, paths and
other recreational areas; (b) other public open spaces; (c) school
sites and other public buildings and structures; (d) scenic and historic
sites.
Shall mean a Master Plan, Capital Improvements program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
Shall mean the land reserved or dedicated for the installation
of stormwater sewers or drainage ditches, or land required along a
natural stream or watercourse for preserving the biological as well
as the drainage functions 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 non-point pollution.
Shall mean any improvement, facility or service together
with its associated public site or right-of-way necessary to provide
transportation, drainage, utility, energy or similar essential services,
including but not limited to, streets, drives, sidewalks, walkways,
and other vehicular and pedestrian circulation systems together with
customary improvements and appurtenances such as signaling, curbs
and gutters, shade trees and landscaped buffers or parkways and street
furniture; facilities incidental to public transportation systems
such as loading zones, turnarounds, passenger waiting areas protected
from inclement weather and pedestrian linkages between loading areas
and activity areas; storm sewers and appurtenances, drainage way culverts,
flood control basins and devices, retention and detention basins or
areas to control storm runoff, erosion and sediment control structures,
devices and facilities; water supply and distribution facilities and
appurtenances, public utility facilities and appurtenances both for
domestic use and for fire protection; sanitary sewage disposal and
treatment facilities and appurtenance for gas, electric, TV and telephone
service, and facilities and appurtenances for the production, conversion,
distribution and storage of energy necessary for essential residential,
resort and commercial uses permitted by Ordinance.
See definition of "Open Space (Public)."
Shall mean a municipal or privately owned water supply approved
by the New Jersey State Department of Health under the provisions
of N.J.S.A. 58:1-10 and 11 which is distributed to consumers through
a public water supply system.
Shall mean an area devoted to or planned for use as a public
park; a public school; a Federal, State, County or City building or
facility site; another public use or facility or a right-of-way or
easement for a street, transportation corridor, utility corridor,
waterway or drainage way owned or controlled by a government agency.
Shall mean a municipal or privately owned system comprising
structures which, operating alone or with other structures, result
in the derivation, conveyance, transmission or distribution of water
for domestic purposes to consumers in twenty (20) or more dwellings:
this definition does not include a public water treatment plant.
Shall mean a single structure consisting of four (4) separate
dwelling units.
Shall mean facilities operated by cemetery associations,
veterans' organizations, and other institutions of similar type, but
not necessarily belonging to the aforementioned classes, which are
financed in whole or in part by public funds. In addition, quasi-public
facilities include those operated by nonprofit institutions or organizations
which are operated by persons, or groups of persons, for a public
purpose but with only limited public control or accessibility.
Shall mean the majority of the full authorized membership
of a municipal agency.
Shall mean an indoor or outdoor facility designed and equipped
for the conduct of sports and leisure time activities. Examples include
swimming pools, tennis courts, playgrounds, health and exercise facilities,
bowling alley, miniature golf courses, roller and ice skating rinks,
sports fields, water parks.
Shall mean a place such as a park or open space.
Shall mean a space allocated for collection and storage of
source separated recyclable materials.
See definition of "Alteration."
Shall mean an entity that manages property rentals capable
of providing the following services: reservations, check-in/check-out,
marketing, housekeeping, emergency, maintenance and guest services.
Shall mean any natural area or feature containing natural
resources protected by this Ordinance, where improvement and/or alteration
may be restricted or prohibited or where conservation is required.
Resource protection areas may include flood plains, natural drainage
areas, water courses, ponds, lakes, stream corridors, riparian lands,
wetlands, marshlands, wildlife habitats, archeological sites, and
tideland areas.
Shall mean any establishment, however designated, where food
is sold for consumption on the premises. However, a snack bar at a
public or community playground, playing field, park or swimming pool,
operated for the convenience of patrons of the facility, shall not
be deemed to be a restaurant for purposes of this Ordinance.
Shall mean an establishment where patrons are served prepared
food, soft drinks, ice cream and similar confections at drive-in windows
in addition to other sit down accommodations provided indoors.
Shall mean (a) the further division or relocation of lot
lines of any lot or more lots within a subdivision previously made
and approved or recorded according to law; or (b) the alteration of
any streets or the establishment of any new street within any subdivision
previously made and approved or recorded according to law, but does
not include conveyances so as to combine existing lots by deed or
other instrument.
Shall mean establishments engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
Shall mean establishments providing services, as opposed
to products, to the general public for personal or household use,
including personal service shops.
Shall mean, unless otherwise specified as part of subdivision
or site plan application, a structure more than eighteen inches (18")
high erected between lands of different elevation to protect structures
and/or to prevent the washing down or erosion of earth from the upper
slope level. Logs, railroad ties and other floatable materials shall
not be used as or in the construction of retaining walls.
Shall mean a facing of stone, concrete, etc. built to protect
a scarp, embankment, or shore structure against erosion by wave action
or current.
Shall mean the intersection of two (2) roof planes forming
the highest horizontal line of the roof.
Shall mean that boundary line which determines the limit
of the street, either existing or proposed.
Shall mean those tidal lands of the State of New Jersey which
are now or were formerly flowed by mean high water.
Shall mean broken rock, cobbles or boulders placed on earth
surfaces, or on the face of a dam or the channel of a stream, for
protection against the action of water.
Shall mean the permanent, solid exterior surface covering
any portion on the top of a building. The top of a Pergola shall not
be considered a roof.
Shall mean a flat, open and uncovered platform above the
highest habitable floor.
Shall mean the projecting lower edge of the roof that overhangs
the wall of the building. In cases where the roof plane projects below
the intersection of the roof eave and the top of the wall, this point
of intersection shall be considered the eave height.
Shall mean the underside of the projecting lower edge of the end of the roof rafter that overhangs the wall of the building. (See Subsection 25-300.16 for supplemental design standards).
Shall mean a roof, the surface of which is generally parallel
to the ground, with less than eighty percent (80%) of its projected
horizontal area at a slope less than four (4) in twelve (12).
Shall mean a gabled barn-style roof with a change in slope
partway up the roof with the lower slope steeper than the upper.
Shall mean a roof with two (2) slopes on each of four (4)
sides, the lower steeper than the upper. For purposes of this Ordinance,
mansard roofs shall be considered flat roofs.
Shall mean a roof with two (2) slopes on each of four (4) sides, the lower slopes steeper than the upper slopes. Mansard roofs shall be considered flat roofs. (See Subsection 25-300.16 for design standards.)
Shall mean any roof with eighty percent (80%) or more of
its projected horizontal planes (areas) constructed at slopes equal
to or greater than four (4) in twelve (12). All other roofs shall
be flat roofs.
Shall mean a dwelling where only lodging is provided for
compensation for one (1) or more persons, who are not transients,
by prearrangement for definite periods.
Shall mean a facility built as an annex to and under the
same management as an existing hotel located within the Hospitality
Zone which offers accommodation to the general public for temporary
stays. The satellite hotel provides a 24-hour reception, and can range
from budget to deluxe, with rooms ranging from studio (one room that
can be used as living area and sleeping area, a kitchenette and a
separate bathroom), to two- or three-bedroom units, offering a separate
living area, a kitchen, one or more bathrooms and separate bedrooms.
Satellite hotels may offer complementary services, such as restaurants
and shops.
Shall mean a public, parochial elementary, private or secondary
educational institution offering a diploma or degree, subject to regulations
prescribed by the New Jersey Department of Education, supported in
whole or in part by public funds and nonprofit quasi-public agencies.
The term "school" also includes colleges operated by the State of
New Jersey, its political subdivisions or agencies.
Shall mean any concentration or grouping of trees or shrubbery
and/or architectural feature as may be required by this Ordinance
or the Municipal Agency as part of subdivision, site plan, variance
or permit approval.
Shall mean the disposition of soil that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
Shall mean a depression formed by the construction of a barrier
or dam built at a suitable location to retain rock, sand, gravel,
silt or other material in solution.
Shall mean an age-restricted, independent housing where communal
facilities and services such as housekeeping, organized social and
recreational activities, transportation services and other support
facilities and services appropriate for the elderly are provided.
Such housing may include detached dwelling units, attached dwelling
units and apartments, in which at least one (1) resident per dwelling
unit is fifty-five (55) or older.
Shall mean the horizontal distance between a building or
structure and any front, side or rear lot line, measured perpendicular
to such lot lines at the point where the building is closest to such
lot lines.
Shall mean an accessory building not larger than one hundred
(100) square feet in size used for the storage of incidental items.
Shall mean two (2) or more commercial establishments on one
(1) property, managed as a unit, and providing retail goods and personal
services.
Shall mean the triangular area intended to remain free of
visual obstructions to prevent potential traffic hazards formed by
two (2) intersecting street lines or the projection of such lines
located a designated distance from the intersection of the street
lines.
Shall mean a name, identification, description, display or
illustration which is affixed to, printed or represented directly
or indirectly upon, a building, structure or parcel of land, which
directs attention to a person, institution, organization, activity,
place, object, product or business.
Shall mean a sign lawfully erected and maintained prior to
the adoption of the current ordinance that does not conform with the
requirements of the current ordinance.
Shall mean any plot, parcel or parcels of land to be developed.
Shall mean a development plan of one (1) or more lots on
which is shown (a) the existing and proposed conditions of the lot,
including but not limited to topography, vegetation, drainage, flood
plains, marshes, waterways, (b) 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 (c) any other information
that may be reasonably required in order to make an informed determination
pursuant to the site plan requirements of this Ordinance.
Shall mean any site plan not classified as a minor site plan.
[Added 12-12-2019 by Ord.
No. 19-15]
Shall mean a development plan of one (1) or more lots which
(a) proposes exterior facade alterations and/or new building construction
and/or building additions which do not exceed one thousand (1,000)
square feet of gross floor area, or ten percent (10%) of the gross
floor area of the existing building, whichever is greater; (b) proposes
new building construction and/or building additions and/or building
alterations to at least three (3) but not more than nine (9) dwelling
units; (c) does not increase parking requirements of a proposed development
by more than twenty (20) spaces or increase the existing parking by
more than twenty percent (20%), whichever is greater; (d) does not
involve planned development, any new street or the extension of any
off-tract improvement; (e) contains the information reasonably required
in order to make an informed determination as to whether the requirements
established by ordinance for approval of a minor site plan have been
met; or (f) involves a change to any use from a motel, hotel, rooming
house, guest house, multi-family dwelling or other similar establishment,
or (g) any change in the size, or increase or decrease in the number
of rooms, units, or apartments in a motel, hotel, rooming house, guest
house, multi-family dwelling, or other similar establishment; (h)
any increase in the size or increase in the number of rooms, or units
or apartments in a Bed and Breakfast; (i) exception to any site plan
review requirement is a change in use from a Bed and Breakfast to
a single-family home with no more than two (2) pre-existing and legally
created ancillary and/or accessory apartments.
Shall mean all consolidated mineral and/or organic material
of any origin.
Shall mean the Cape Atlantic Soil Conservation District which
encompasses the City of Ocean City organized in accordance with the
provisions of Title 4 of the Revised Statutes of New Jersey.
Shall mean a plan which indicates fully the necessary land
treatment measures, including a schedule of the timing for the installation
which will effectively minimize soil erosion and sedimentation. Such
measures shall be equivalent to or exceed standards adopted by the
New Jersey Soil Conservation Council and administered by the Cape
Atlantic Soil Conservation District in conformance with N.J.S.A. 40:55-120.
Shall mean an enclosed vertical shaft in a building with
two (2) or more dwelling units, containing a flight or series of flights
of steps and supporting structure providing access to one or more
dwelling units within said building.
Shall mean standards, requirements, rules and regulations
adopted by this Ordinance pursuant to N.J.S.A. 40:55D-65 (d) 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 City of Ocean City ordinances
or by applicable Federal or State laws.
Shall mean the 2007 New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction as promulgated
by the New Jersey Department of Transportation.
Shall mean a nonhabitable space where at least one-half (1/2)
of the distance between the floor and ceiling joists is above the
average grade of the adjoining ground, and where the distance between
the floor and the ceiling joists is less than seven and one-half feet
(7.5'). Where the vertical distance between the floor and the storage
room ceiling joists is seven and one-half feet (7.5') or greater,
the storage room shall be counted a story. Egress windows, plumbing,
telephone and cable connections shall not be permitted in storage
rooms.
Shall mean a trailer or vehicle designed for or used for
storage of goods or equipment.
Shall mean that portion of a building included between the
ground, or the surface of any floor and the surface of the next floor
above it, or if there be no floor above it, then the space between
any floor and the ceiling above it, where the floor-to-floor joist
or roof rafters height is greater than five feet (5'). 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 legally built prior
to 1971. If the top of the floor is above BFE, the room must be considered
as part of a story, except that an attic is not a story.
(Refer to definitions of Attic, Crawl Space, Garage (private
residential), Half-Story).
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way (a) which is an existing State, County
or municipal roadway; or (b) which is shown on a plat heretofore approved
by official action as provided by this Ordinance; or (c) which is
approved by official action as provided by law; or (d) which is shown
on a plat duly filed and recorded in the Office of the County Clerk
prior to the appointment of a Planning Board and the grant to such
Board of the power to review plats, and includes the land between
the street lines, whether improved or unimproved, and may include
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas within the street lines. For purposes of this definition,
the public boardwalk of the City of Ocean City shall be considered
a pedestrian right-of-way and street.
Shall mean that boundary line which determines the limit
of the right-of-way, whether existing or proposed.
Shall mean a combination of materials to form a construction
for occupancy, ornamentation or use whether installed on, above, or
below the surface of a parcel of land.
Shall mean the division of a lot, tract or parcel of land
into two (2) or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this Ordinance, if no new streets are created:
(a) divisions of land found by the Planning Board or Subdivision Committee
thereof appointed by the Chairman to be for agricultural purposes
where all resulting parcels are five (5) acres or larger in size;
(b) divisions of property by testamentary or intestate provisions;
(c) divisions of property upon court order, including, but not limited
to, Judgments of Foreclosure; (d) consolidation of existing lots by
deed or other recorded instrument; and (e) the conveyance of one (1)
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 the requirements of the Ocean
City Zoning and Land Development Regulations and are shown and designated
as separate lots, tracts or parcels on the Tax Map of the City of
Ocean City. The term "subdivision" shall also include the term "resubdivision."
Shall mean any subdivision not classified as a minor subdivision.
Shall mean a subdivision of land that (1) does not involve
the creation of more than three (3) lots fronting on any existing
State, County or municipal street; (2) does not involve any new street
or the extension of municipal facilities; (3) does not involve planned
development; (4) does not involve the extension of any off-tract improvements.
Shall mean a freestanding accessory structure having a roof
and no foundation, footing, utility connections, walls or side enclosure
of any type.
[Ord. #14-29 § 1]
Shall mean the process by which a parcel of land is measured
and its boundaries and contents ascertained; also a map, plat or statement
of the result of such survey, noting the courses and distances and
the quantity of the land.
Shall mean a water-filled enclosure, permanently constructed
or portable, having a depth of more than thirty inches (30"), designed,
used and maintained for swimming.
Shall mean a water-filled enclosure, permanently constructed,
having a depth of more than eighteen inches (18") below the level
of the surrounding undisturbed land, designed, used and maintained
for swimming.
Shall mean a movable trailer or manufactured mobile office
which is licensed by the Construction Official.
Shall mean the top horizontal member of a frame wall supporting
ceiling joists, rafters, or other members.
 Top Plat
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Shall mean the unconsolidated mineral and inorganic material
on the immediate surface of the earth that serves as a natural medium
for the growth of plant life.
Shall mean an area of land consisting of one or more contiguous
lots under single ownership or donator, used for development or for
a common purpose. Tract is interchangeable with the words "development
area," "site" and "property."
Shall mean a structure of vehicular, portable design built
on a chassis and designed to be moved from one site to another and
to be used with or without a permanent foundation, provided, however,
that a boat trailer shall not be considered a trailer.
Shall mean a typed or printed verbatim record of the proceedings
or the reproduction thereof.
Shall mean a temporary occupant of a hotel or motel or rooming
house. Transient guest or clientele shall not occupy a room or unit
located within the same building or located on the same municipal
tax lot for more than one hundred twenty (120) consecutive days and
shall not occupy such room or unit for more than two hundred (200)
days in any three hundred sixty-five (365) day period.
Shall mean a single structure consisting of three (3) separate
dwelling units.
Shall mean the official Construction Code of the State of
New Jersey adopted pursuant to N.J.S.A. 40A:12-27.
Shall mean the specific purpose for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
Shall mean the official approval to depart from the literal
requirements of the zoning standards of this Ordinance.
Shall mean the official approval to depart from the literal
requirements of the design standards or application submission checklists
of this Ordinance.
Shall mean areas known as marine tidal marshes, swamps, or
other lowlands subject to tidal action along the bay, or any area
now or formerly connected to tidal waters, whose surface is at or
below an elevation of one foot (1') above local extreme high water
and on which vegetation unique to marine tidal marshes, swamps or
lowlands has become adapted. This definition shall include, but is
not limited to, all the mapped New Jersey State Wetlands in accordance
with the Wetlands Act, N.J.S.A. 13:9A-1 et seq.; to wetlands defined
in accordance with the New Jersey Coastal Development Policies, N.J.A.C.
7:7D-2.0 et seq.; NJDEP or by the U.S. Army Corps of Engineers.
Shall mean an open space that lies between the principal
building or buildings and the nearest lot line. The minimum required
yard as set forth in this Ordinance is unoccupied and unobstructed
from the ground upward except as may be specifically provided in the
Zoning Ordinance.
Shall mean an open, unoccupied space, extending the full
width of the lot between any building and measured perpendicular to
the building at the closest point to the front lot line.
Shall mean an open, unoccupied space, extending the full width of the lot and measured perpendicular to the building to the closest point to the rear lot line. For irregularly-shaped lots refer to Subsection 25-300.22.
[Amended 2-23-2023 by Ord. No. 23-02]
Shall mean an open, unoccupied space, extending from the
front yard to the rear yard between the building and the side lot
line and measured perpendicular from the side lot line to the closest
point of the building.
See "Board of Adjustment."
Shall mean a portion of the territory of Ocean City within
which certain regulations and requirements or various combinations
thereof apply pursuant to the provisions of this Ordinance.
Shall mean a map of the City of Ocean City containing districts
within which certain regulations and requirements apply pursuant to
the provisions of this Ordinance.
Shall mean BFE plus three (3') feet, except that:
Zoning Flood Elevation may be up to three feet (3') above
finished grade within FEMA "A Zones" where base flood elevation is
less than two feet (2') above finished grade, and where base flood
elevation is below finished grade.
Zoning Flood Elevation for front-loaded-garage dwellings
located on non-alley lots less than forty-five feet (45') wide where
the lowest habitable floor is above the garage, the Zoning Flood Elevation
shall be nine feet (9') above finished grade unless the above provisions
result in a higher elevation requirement, in which case the higher
elevation requirement applies. Buildings utilizing this exception
and having a third habitable floor (excluding a half-story) shall
set the third floor roof a minimum of five (5') feet behind the required
minimum front building (as opposed to porch) setback.
Zoning Flood Elevation within FEMA "X" Zones shall be three
feet (3') above the base flood elevation of the highest adjacent FEMA
"A" Zone. However, this provision shall not apply in the case of substantial
renovation or repair of a key or contributing property located in
the Historic District where the height of the structure is not changed.
[Ord. #14-40; amended 2-23-2023 by Ord. No. 23-02]
The position of Zoning Officer is hereby created. The salary
of the Zoning Officer shall be set forth in the annual salary ordinance
and the terms and conditions of employment shall be set forth in a
Collective Bargaining Agreement in which the Zoning Officer is a member.
Unless otherwise set forth herein, it shall be the duty and responsibility
of the Zoning Officer to issue zoning permits and to otherwise enforce
the provisions of this Ordinance in accordance with the New Jersey
Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
Shall mean a document signed by the Zoning Officer which
(1) is required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, addition or conversion of
a structure or building, and (2) which acknowledges that such use,
structure or building complies with the provisions of this Ordinance
or variance therefrom duly authorized by a Municipal Agency.
[Ord. #89-8, § 2; Ord. #89-22, § 1; Ord.
#94-16, Appx. A; Ord. #96-21, § 1; Ord. #97-32, § 2;
Ord. #99-13, § 1; Ord. #99-14, § II; Ord. #99-20,
§ 1; Ord. #00-05, § 1; Ord. #02-19; Ord. #02-29,
§ 1; Ord. #02-36, § 8; Ord. #03-12, § 1;
Ord. #04-13, § 1; Ord. No.#04-29, § 1; Ord. #06-07, § 3; Ord. #07-26, § 1;
Ord. #08-05, § 1; Ord. #08-08, § 1; Ord. #08-12,
§ 1; Ord. #09-11[2], § 1; Ord. #09-13, §§ 1,4; Ord.
#09-28, §§ 1,12; Ord. #10-09, § 1; Ord. #11-10,
§ 9; Ord. #11-21, § 1; Ord. No.
12-19, § 2; Ord. #13-07, § 2;
Ord. #13-12, § 2; Ord. #13-19, § 1; Ord. #13-24,
§ 5, 7, 10; Ord. No. 13-30; Ord. No. 13-32, § 4;
Ord. #13-36, § 1; Ord. #14-04 § 1; Ord. #14-23
§ 1; Ord. #14-29 § 1; Ord. #14-36 § 1;
Ord. #14-40; Ord. #14-44 § 1; Ord. #2016-13 § 1;
Ord. #2016-14 § 1; Ord. #2016-26 § 1; Ord. # 18-20
§ 2]
[1]
Editor's Note: Ord. No. 20-08 also repealed the former definition
of "impervious surface (as applied to all single-family detached dwelling
units in the Gardens R-1 Neighborhood Zones)," which immediately followed
this definition.
[2]
Editor's Note: Ordinance No. 09-11 which readopted Ordinance
No. 08-08, shall take effect in the time and manner prescribed by
law and shall be automatically repealed if not readopted on or before
May 31, 2010.
