This chapter shall be known and may be cited as the "Zoning
Ordinance of the City of Cape May."
A.
This chapter is adopted pursuant to Chapter 291, Laws of New Jersey,
1975, the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and subsequent
amendments and supplements thereto.
B.
In their interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements adopted for the promotion
of the public health, safety and welfare. It is the intent and purpose
of this chapter:
(1)
To guide the appropriate use or development of all lands in this
City in a manner which will promote the public health, safety, morals
and general welfare;
(2)
To secure safety from fire, flood, panic and other natural and man-made
disasters;
(3)
To provide adequate light, air and open space;
(4)
To ensure that the development of the City does not conflict with
the development and general welfare of the neighboring municipalities,
the county and the state as a whole;
(5)
To promote the establishment of appropriate population densities
and concentrations that will contribute to the region and preservation
of the environment;
(6)
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
(7)
To provide sufficient space in appropriate locations for a variety
of residential, recreational, commercial and industrial uses and open
space, both public and private, according to their respective environmental
requirements in order to meet the needs of all City citizens;
(8)
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
(9)
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
(10)
To promote the conservation of historic sites and districts, open
space, energy resources and valuable natural resources through proper
land use, and to prevent urban sprawl and degrading of the environment
through the improper use of land;
(11)
To encourage planned unit developments which incorporate the best
features of design and relate the type, design and layout of residential,
commercial, industrial and recreational development to the particular
site;
(12)
To encourage senior citizen community housing construction;
(13)
To encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land; and
(14)
To promote the utilization of renewable energy resources.
It is not intended by this chapter to repeal, abrogate, annul,
or in any way impair or interfere with existing provisions of other
laws or ordinances, except those specifically repealed by this chapter,
or with private restrictions placed upon property by covenant, deed
or other private agreement, or with restrictive covenants running
with the land to which the City is a party. Where this chapter imposes
a greater restriction upon land, buildings or structures than is imposed
or required by such existing provisions of law, ordinance, contract
or deed, the provisions of this chapter shall control.
A.
When appropriate to the context, words used in the present tense
include the future; words in the plural include the singular; and
words in the singular include the plural. The word "lot" includes
the word "plot." The word "shall" is always mandatory and not merely
directory.
B.
ACCESSORY RESIDENTIAL APARTMENT
ACCESSORY USE OR BUILDING
ADMINISTRATIVE OFFICER
ALTERATION
AMUSEMENT CENTER
APARTMENT HOUSE
APARTMENTS OVER COMMERCIAL USES
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
BASIN
BOARD OF ADJUSTMENT
BOAT CLUB
BOATEL
BUBBLER SYSTEM
BUILDING
BUILDING COVERAGE
BUILDING FRONT
BUILDING HEIGHT
BUILDING SETBACK LINE
BULKHEAD
CAPITAL IMPROVEMENT
CARTWAY
COMMERCIAL USE
COMMON OPEN SPACE
CONCEPT PLAN
CONDITIONAL USE
CONDOMINIUM UNIT
CONSTRUCTION PERMIT (HEREINAFTER REFERRED TO AS "BUILDING PERMIT")
(1)
(2)
CONTAINMENT BOOM
CONVENTIONAL
COOPERATIVE APARTMENT
COUNTY MASTER PLAN
COUNTY PLANNING BOARD
DAYS
DENSITY
DEVELOPER
DEVELOPMENT
DEVELOPMENT REGULATION
DOCKS AND PIERS (RECREATIONAL)
DRAINAGE
DRIVE AISLE
DRIVEWAY
DWELLING, ATTACHED
DWELLING, MULTIFAMILY
DWELLING, SEMI-DETACHED
DWELLING, SINGLE-FAMILY DETACHED
DWELLING, TWO-FAMILY DETACHED
DWELLING UNIT
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE)
EROSION
ESSENTIAL SERVICE
EVENT HOUSE
EVENT HOUSE FUNCTION
FAMILY
FENCE
FINAL APPROVAL
FINAL SITE PLAN
FLOATING BREAKWATERS (WAVE ATTENUATORS)
FLOATING HOME
FLOOR AREA
FLOOR AREA RATIO
GARAGE, DETACHED
GARAGE, PRIVATE
GARAGE, PUBLIC OR STORAGE
GOVERNING BODY
HABITABLE AREA
HISTORIC PRESERVATION COMMISSION (HPC)
HISTORIC PRESERVATION DISTRICT (HPD) OR HISTORIC DISTRICT
HISTORIC SITE
HISTORIC STRUCTURE CONVERSION
HOMEOWNERS' ASSOCIATION
HOTEL
HOUSEBOAT
IMPROVEMENT SETBACK LINE
INTERESTED PARTY
JUNKYARD
LAND
LIVING ACCOMMODATIONS
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT FRONTAGE
LOT, INTERIOR
LOT, IRREGULAR
LOT LINE
LOT USAGE RATIO
LOT WIDTH
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MARINA
MARINE COMMERCIAL
MARINE MOORINGS (MOORAGE)
MARINE SANITARY DEVICE (MSD)
MASTER PLAN
MEAN HIGH WATER (MHW)
MEAN HIGH-WATER LINE
MINOR SUBDIVISION
MOORING
MOTEL
MUNICIPALITY
NAVIGABLE
NEIGHBORHOOD SHOPPING CENTER
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONRESIDENTIAL TRAILER
NURSING OR CONVALESCENT HOME
OFFICIAL COUNTY MAP
OFFICIAL MAP
OFF-SITE
OFF TRACT
ON-SITE
ON-TRACT
OPEN SPACE
PARKING SPACE
PARTY IMMEDIATELY CONCERNED
PATIO
PEDESTRIAN WALKWAY
PERFORMANCE GUARANTY
PLANNED DEVELOPMENT
PLANNED UNIT DEVELOPMENT
PLANNED UNIT RESIDENTIAL DEVELOPMENT
PLANNING BOARD
PLAT
PRELIMINARY APPROVAL
PRINCIPAL USE
PUBLIC AREA
PUBLIC DEVELOPMENT PROPOSAL
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
QUADS
RESIDENTIAL CLUSTER
RESIDENTIAL DENSITY
RESTAURANT
RESUBDIVISION
RIGHT-OF-WAY LINE
SEDIMENTATION
SETBACK LINE
SHOPPING CENTER
SIGN
SINGLE-FAMILY CLUSTER
SITE PLAN
(1)
(2)
(3)
SOLAR ENERGY SYSTEM
(1)
(2)
(a)
(b)
STACKED PARKING
STANDARDS OF PERFORMANCE
STREET
STREET, CENTER LINE OF
STREET LINE
STRUCTURE
SWIMMING POOL
TEACHING CENTER
TOURIST/GUEST HOUSE
USE
VARIANCE
VICTORIAN HOTEL
YARD, FRONT
YARD, REAR
YARD, SIDE
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
Living quarters for the owner or manager of a commercial
establishment.
A subordinate use or building customarily incident to, and
located on the same lot with, a main use or building.
The Construction Official of the City of Cape May or his
designated representative, subject to written approval of the City
Manager. Such designated representative shall perform only those duties
as are permitted by law.
A change or rearrangement in the structural parts or in the
existing facilities, or an enlargement of a building or structure.
Any business that provides as its primary business (i.e.,
"arcades") the use of coin-operated amusement machines and devices
operated by means of the insertion of a coin, token or similar object
for the purpose of amusement or skill; provided, however, that nothing
herein shall be deemed to prohibit the licensing of coin-operated
machines in a single location, business or building where the use
or business of the machines is a use-by-right.
Any building other than a hotel, motel, tourist/guest house
offering dwelling units for rent primarily intended for permanent
occupancy. For the purposes of this chapter, apartment house regulations
and requirements are included within the designation of multifamily
dwelling.
One or more dwelling units comprised of one or more rooms
designed to provide complete self-contained living facilities including
a private bath and kitchen facilities for one or more occupants above
a commercial use.
[Added 6-16-2009 by Ord.
No. 183-2009]
A developer submitting an application for development.
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 of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-35.
The Planning Board of the City of Cape May unless a different
agency is designated when acting pursuant to the authority of this
chapter or the applicable state statutes.
In a marina, the water area consisting of fairways, channels,
slips, docks, turning and maneuvering room in which the boats are
moored.
The Zoning Board of Adjustment of the City of Cape May.
An organization or facility for persons using small sailboats or small trailerable boats, subject to the standards set forth in § 525-65.
A building or a group of buildings, including separate cabins
or a row of attached, individual rooms, containing living and sleeping
accommodations for transient occupancy with accompanying dock facilities
or a combination of dock and parking facilities.
Typically, a technology to create a constant flow or circulation
of water within a marina basin in order to eliminate or reduce the
formation of ice.
A combination of materials to form a construction adapted
to permanent or continuous occupancy and having a roof.
The area occupied by all of the buildings on a lot measured
on a horizontal plane around the periphery of the foundation and included
in the area under the roof of any structure supported by columns but
not having any walls, as measured around the outside of the outermost
extremities of the roof above the columns.
Any wall of a building having a major entrance onto a street
or pedestrian walkway.
The vertical distance measured from the mean level of the crown of the road in front of the building to the highest point of, the roof deck for flat and mansard roofs or to the highest ridge line of pitched roofs. For pitched roofs, an additional five feet may be added to the maximum building height permitted in the zoning district in which the building is located, except in the R-4 Modified Medium-Density Residential District, which shall be governed exclusively by the provisions of § 525-17B(2) and in which district the maximum height of any building, including necessary appurtenances or common decorative features and regardless of roof style, shall not exceed 20 feet. "Pitched roofs" are defined as any roof with 80% or more of its projected horizontal planes (areas) constructed at slopes equal to or greater than four in 12. Maximum heights shall not prohibit necessary appurtenances or common decorative features exceeding those heights, except in the R-4 Modified Medium-Density Residential District, which shall be governed exclusively by the provisions of § 525-17B(2) and in which district the maximum height of any building, including necessary appurtenances or common decorative features and regardless of roof style, shall not exceed 20 feet. Height regulations are subject to the requirements of § 525-59D.
An established line within a property defining the minimum
required distance between the face of any structure and an adjacent
right-of-way, street line, or property line. This face as measured
to the structure includes sun parlors, foyers, bay windows, porches,
projecting eaves, dormers, gutters, steps, appurtenant structural
and mechanical systems and any other solid projections and entrances.
Roof eaves projections and gutters for principal structures shall
be permitted to a maximum of 18 inches into any yard setback. Projections
into front yard setbacks by entry stairs and landings shall be permitted
and limited to five feet, provided that the entry stair and landing
is less than 10 feet wide and principal building is currently conforming
to the current front yard building setback requirements of the zoning
district.
[Amended 9-19-2023 by Ord. No. 506-2023]
A structure separating land and water areas, primarily designed
to prevent erosion and other damage due to wave or tidal action.
A governmental acquisition of real property or major construction
project.
That portion of the street which is paved and which is used
for vehicular travel.
A use involving the sale and/or rental of goods or the provision
of services carried out for a profit.
[Added 6-16-2009 by Ord.
No. 183-2009]
A common open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. It may include such complementary
structures and improvements as are necessary and appropriate for the
use or enjoyment of residents and owners of the development.
At the request of the developer, the Planning Board shall
grant an informal review of a concept plan for a development, for
which a developer intends to prepare and submit an application for
development. The developer shall not be bound by any concept plan
for which review is requested, and the Planning Board shall not be
bound by any such review.
A use permitted in a particular zoning district only upon
a showing that such use in a specific location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
therefor by the Planning Board.
A dwelling owned by fee ownership while the space surrounding
the unit is owned in common or by another party.
A document signed by the Construction Official which:
Is required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure, building, or sign; and
Acknowledges that such use, structure, sign, or building complies
with the provisions of this chapter or variance therefrom duly authorized
by the Planning Board or Zoning Board of Adjustment.
Typically, a vacuuming or cleaning device to contain and
eliminate oil spills and other debris within a marina.
Development other than planned development.
A dwelling unit within a building owned by a corporation
formed for the purpose of leasing apartments to its own stockholders.
A composite of the Master Plan for the physical development
of Cape May County with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the County Planning Board pursuant
to N.J.S.A. 40:27-2 and 40:27-4.
The Planning Board of Cape May County.
Calendar days.
The permitted number of dwelling units per gross area of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; or any
mining, excavation or landfill; and any use or change in the use of
any building or other structure, or land or extension of use of land.
The duly adopted Zoning Ordinance, Subdivision Ordinance,
Site Plan Ordinance, Official Map Ordinance or other municipal regulation
of the use and development of land, or amendment thereto.
Structures supported on pilings driven into the bottom substrata
or floating on the water surface, which are used for the mooring of
boats for recreation or fishing, except commercial fishing.
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff to minimize
erosion and sedimentation during and after construction or development
and by such other means necessary for water supply preservation and
the prevention or alleviation of flooding.
The portion of a property designed and used for interior
vehicular circulation and turnaround. Includes the portion of a parking
lot other than the parking spaces but does not include the driveway.
A private road providing vehicular access between a public
way and the interior of a property.
Three- to six-family dwellings constructed in a row, with
each unit having its own front and rear access to the outside, and
no unit being located over another unit, and each unit being separated
from any other unit by one or more vertical common fire-resistant
walls.
A building other than an attached dwelling that is designed
to accommodate three or more dwelling units within a single structure.
One of two dwelling units, designed for and occupied by a
single family and having at least one party wall in common with an
adjacent dwelling unit.
A single-family residence on an individual lot with private
yards on all four sides of the house.
A building where not more than two dwelling units are entirely
separated by horizontal floors unpierced, except for access to the
outside or to a common cellar and having no party wall.
One or more rooms, including a permanent kitchen and bathroom,
in a building with a foundation designed and used as living accommodations
for one family only and specifically excluding houseboats, barges,
mobile homes, camping trailers, and truck campers.
Any vehicle that operates, either partially or exclusively,
on electrical energy from the grid, or an off-board source, that is
stored onboard for motive purpose. "Electric vehicle" includes: (1)
a battery electric vehicle; (2) a plug-in hybrid electric vehicle;
(3) a neighborhood electric vehicle; and (4) a medium-speed electric
vehicle.
[Added 3-3-2020 by Ord. No. 390-2020]
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. “EVSE” is synonymous with “electric
vehicle charging station.”
[Added 3-3-2020 by Ord. No. 390-2020; amended 1-18-2022 by Ord. No. 450-2021]
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The erection, construction, alteration and maintenance of
emergency warning, traffic control, transportation, gas, electric,
sanitary sewer, storm sewer, water, and telephone systems by municipal
departments or authorities, or by private companies as deemed necessary
for general welfare, safety and public health. This includes all related
equipment and accessories but not service buildings or yards.
A dwelling unit that is used, maintained and/or advertised
as a destination location for a gathering of invited guests who are
not using the structure for habitable purposes, but is used primarily
for functions and special events including, but not limited to, weddings,
retreats, parties and meetings where the total number of occupants
inside and/or outside of the structure exceeds 30 people. A dwelling
unit that is used for such functions and special events by the owners
or tenants who occupy the dwelling unit as their residence for a period
of more than 90 consecutive days is not an event house.
[Added 3-18-2014 by Ord.
No. 277-2014]
A special event held at an event house such as, without limitation,
a wedding ceremony, wedding reception, celebration, retreat, party,
meeting or any other function where the total number of occupants
inside and/or outside of the structure exceeds 30 people.
[Added 3-18-2014 by Ord.
No. 277-2014]
One or more persons residing as a separate housekeeping unit.
This is distinguished from a group occupying a boarding house, lodging
house, club, fraternity, motel or hotel.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials.
[Added 11-21-17 by Ord. No. 334-2017]
Official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans, and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranty.
The final map of all or a portion of the site plan 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.
An anchored floating structure separating navigable or open
bodies of water from a marina basin for the purpose of reducing wave
action within the marina basin but also allowing adequate circulation
and flushing action within the marina basin.
Any waterborne structure designed and intended primarily
as a permanent or seasonal dwelling, not for use as a recreational
vessel, which will remain stationary for more than 30 days. Prohibited
in the Coastal Zone of New Jersey (unless registered with the Motor
Vehicle Commission prior to 6/1/1984).
When used for business or commercial activities, the term
"floor area" shall include customer, showcase, storage and sales facilities.
"Habitable floor area" shall mean dwelling space, exclusive of attached
garages, porches, cellars, or any other enclosure not capable of being
used as a part of the main dwelling area.
The sum of the area of all floors of the habitable areas
of buildings or structures (not including attics, basements, porches,
decks or other areas not designed or intended for human habitation)
compared to the total area of the site.
[Amended 6-21-2005 by Ord. No. 37-2005]
A private garage that shares no wall, floor, roof or structural
member or portion thereof with any main building to which the garage
is an accessory.
A building or part thereof accessory to a main building and
capable of storing at least one but not more than four or less automobiles
incidental to the principal use of the property, with no provision
for repairing or servicing such vehicles for profit and which is not
intended, designed or used for human habitation and does not contain
living accommodations.
[Amended 6-21-2005 by Ord. No. 37-2005]
A building or part thereof other than a private garage for
the storage of motor vehicles and in which service station activities
may be carried out.
The City Council of Cape May.
An interior finished room, enclosed by a floor, ceiling and
permanent weather-resistant walls, which has a minimum floor to ceiling
height of 6.5 feet, which is intended primarily for human occupancy.
See § 525-35.
One or more historic sites and intervening or surrounding
properties that significantly affect or are affected by the quality
and character of the site(s).
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing that has been
formally designated in the Master Plan as being of historical, archaeological,
cultural, scenic or architectural significance.
A change in use of an historic structure to a use permitted
in § 525-44A(l).
An organization operating in a development under recorded
agreements through which each lot owner shall be a member and each
dwelling unit is subject to a charge for a proportionate share of
the expenses for the organization's activities and maintenance, including
any maintenance costs levied against the association by the City in
accordance with N.J.S.A. 40:55D-43.
A building arranged and used for sheltering, sleeping, or
feeding for compensation 20 or more individuals.
A waterborne vehicle or boat fitted for living accommodations.
An established line within a property defining the minimum
required distance between construction improvements, excluding building
structures, and an adjacent right-of-way line.
In an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire, or enjoy property is or may be affected by
any action taken under this chapter, or whose rights to use, acquire,
or enjoy property under this chapter, or under any law of this state
or of the United States have been denied, violated or infringed by
an action or a failure to act under these regulations.
Any lot used for the storage, abandonment or demolition of
equipment, vehicles, structures, or furnishings having only scrap
value.
Includes improvements and fixtures on, above or below the
surface.
Kitchens, bathing facilities, sleeping quarters, toilets
and toilet facilities, or any other improvements intended to support
human habitation.
[Amended 7-19-2005 by Ord. No. 40-2005]
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.
The total horizontal area included within lot lines. Lot
area is also referred to as "Lot size."
Any lot which occupies the interior angle formed by the intersection
of two or more streets.
That area of a lot that is covered by buildings, structures,
paved areas, or materials used for patios, driveways, swimming pools
or similar facilities divided by the total area of the lot, provided
that eaves, overhangs and gutters, up to a maximum of 23 inches, shall
not be included in lot coverage calculations. However, in R-1, R-2,
R-3, R-4 and R-S Districts when calculating lot coverage, the area
covered by driveways, walkways, patios and nonroofed decks of permeable
construction (water passes through and not off of the surfaces) are
credited for 50 percent toward lot coverage.
[Amended 12-15-2009 by Ord. No. 195-2009]
The shortest distance between the front lot line and a line
drawn parallel to the front line through the midpoint of the rear
lot line.
The distance between side lot lines measured along the street
line. The minimum lot frontage shall be the same as the lot width,
except that on curbed alignments with an outside radius of less than
500 feet, the minimum distance between the side lot lines measured
at the street line shall not be less than 75 percent of the required
minimum lot width. In the case of a corner lot, either side may be
considered the "lot frontage," provided that the minimum frontage
requirement is met for the zone in which the lot is located. On cul-de-sac
with a radius for 50 feet, a minimum arc distance on the right-of-way
line shall be 50 feet, with a minimum building setback line of 50
feet.
A lot other than a corner lot.
A lot with lot frontage on a curbed alignment with an outside
radius of less than 500 feet, or a lot with lot frontage located on
a cul-de-sac with a radius of 50 feet.
Any line forming a portion of the exterior boundary of a
lot, which shall be the same line as the street line for that portion
of a lot abutting a street.
The sum of the areas of a lot that are covered by the principal
building(s), including attached structures such as porches and decks,
detached garages and outbuildings such as sheds (but excluding patios,
terraces, driveways, paved areas and stone landscaping) compared to
the total area of the site.
The mean horizontal distance between the side lot lines measured
in the general direction of its front and rear lot lines.
Any security, other than cash, which may be accepted by the
City for the maintenance of any improvements required by this chapter.
Any subdivision not classified a minor subdivision.
A waterfront facility predominantly used for the dockage
or moorage for recreational boats, for which a dockage or moorage
fee is charged.
Water-dependent or water-oriented commercial enterprises
supplying goods and services that benefit recreational and/or commercial
boating and that require proximity to an accessible navigable water
body.
Areas of water that provide mooring, docking and boat maneuvering
room as well as access to land and navigational channels for recreational
boats.
Equipment required for the removal of waste material from
the toilet facilities of boats.
A composite of one or more written or graphic proposals for
the development of the City as set forth in and adopted pursuant to
N.J.S.A. 40:55D-28 et seq.
A tidal datum; the arithmetic average of the high water heights
observed over a specific 18-6 year Metonic cycle, at the end of which
the phases of the moon recur in the same order and on the same days
as in the proceeding cycle.
The line formed by the intersection of the tidal plane of
mean high water with the shore. The determination of this line is
established by the Department of Environmental Protection.
A subdivision of land for the creation of a number of lots
specifically permitted by ordinance as a minor subdivision; provided
that such subdivision does not involve a planned development, any
new street, or the extension of any off-tract improvements, the cost
of which is to be prorated pursuant to Section 30 of the New Jersey
Municipal Land Use Law (N.J.S.A. 40:55D-42).
A temporary or permanent floating anchored facility in a
body of water for the purpose of attaching a boat.
A building or group of buildings, including at least six
separate units, having individual rooms, containing living and sleeping
accommodations for transient occupancy, and having individual entrances,
and accompanying vehicular parking space.
The City of Cape May.
A body of water can be traversed at mean low tide even by
a canoe.
Two or more commercial establishments having a total gross
leasable floor area of less than 20,000 square feet, planned and managed
as a unit, and providing convenience goods and personal services for
day-to-day living needs only. Examples of convenience goods are food,
drugs, and sundries. Examples of personal services are laundries,
dry cleaners, barbers, beauty parlors, and shoe repairs.
A lot of which the area, dimension or location was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
A temporary structure, with or without wheels, that is capable
of being transported on a road or highway and is used as a construction
office or for the storage of materials during a construction project.
A facility providing, on a continuing basis, living accommodations,
physician's services, nursing services, and maintaining medical records
for its occupants. Major medical facilities or care for the acutely
ill shall not be included in this definition.
The map, with changes and additions thereto, adopted and
established, from time to time by resolution of the Board of Chosen
Freeholders of Cape May County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
et seq.
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 contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on a lot or portion of a lot which is the subject
of a development application.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
A space available for the parking of one motor vehicle and
being part of or having direct access to a driveway, drive aisle,
street or alley.
For purposes of notice, any applicant for development, the
owners of the subject property, and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
An uncovered ground level paved area adjacent to a dwelling
for recreation.
A dedicated strip of ground intended for general public use
to provide a means of approach for pedestrians only.
Any security which may be accepted by the City, including
cash; provided that the City shall not require more than 10% of the
total performance guaranty in cash.
Planned unit development, planned unit residential development,
or residential cluster.
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as may be specified in this chapter.
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses all primarily for the benefit
of the residential development.
The Planning Board of the City of Cape May.
A map or maps of a subdivision or site plan.
Conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48 and 40:55D-49 prior to final approval and after specific
elements of a development plan have been agreed upon by the Planning
Board and the applicant.
The primary purpose for which a lot or building is used.
A Master Plan, Capital Improvement Program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water to safeguard the public against flood damage, sedimentation,
and erosion.
An open space area conveyed or otherwise dedicated to the
City, Board of Education, state or county agency, or other public
body for recreation or conservation uses.
Four attached residential units, two in front and two in
the rear of the same building.
An area to be developed as a single entity according to a
plan containing residential housing units and which have a common
or public open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
Any establishment, however designated, at which food is sold
primarily for consumption on the premises. However, a snack bar or
refreshment stand at a public or community swimming pool, playground,
playfield or park, operated by the agency or group operating the recreational
facility and for the convenience of patrons of the facility, shall
not be deemed a restaurant.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law; or the alteration of any street or the establishment
of any new streets 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 instruments.
A property line along a street.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A line within any lot, usually marking the limits or required
yard space, parallel to any street line between which line and street
line no building or portion thereof may be erected, except as provided
in this chapter. All setbacks from public streets shall be measured
from the proposed right-of-way width as shown on the adopted Master
Plan.
Five or more commercial establishments having a total gross
floor area of greater than 20,000 square feet, planned and managed
as a unit, and providing a greater range of goods and services than
those needed for day-to-day living.
Any device for visual communication that is used for the
purpose of bringing a subject to the attention of the public. The
area of any sign shall be the maximum projected area of the shape
which encloses the sign, structure, device or representation.
A form of residential cluster permitted in the Harbor District.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways;
The location of all exiting and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures, and signs, lighting, screening
devices; and
Any other information that may be reasonably required in order
to make an informed review and approval.
[Added 4-21-2020 by Ord. No. 391-2020]
A roof-mounted renewable energy system that converts solar energy
into a usable electrical energy, heats water, or produces hot air
or similar function through the use of solar collectors which are
used to generate electricity or heat water: and include solar panels,
a generator and associated equipment, including any base, foundation,
structural support wire(s), batteries or other components necessary
to fully utilize the solar generator.
For the purposes of solar energy systems only. the following
definitions shall apply:
OWNERThe individual, entity and/or property owner that intends to own/lease and operate the solar energy system in accordance with § 525-54B(1). Should the property owner be different than the owner or entity who intends to own and operate the solar energy system, the property owner shall provide written consent to the operator to make application for and operate such solar energy system.
TOTAL HEIGHTThe vertical distance from finished grade to the highest point of the solar energy system, including all related apparatus and associated equipment.
On-site off-street parking whereby vehicles are parked in
rows of not more than three and whereby one or more other vehicles
are unable to access a driveway or street without moving one or more
other vehicles.
Standards adopted by ordinance 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; or required by applicable federal or state laws.
Any street, avenue, boulevard, road, lane, alley, parkway,
viaduct, drive or other way which is an existing state, county or
City roadway; or which is shown upon a plat heretofore approved pursuant
to law; or which is approved by official action; or which is shown
on a plat duly filed and recorded in the office of the County Recording
Officer prior to the appointment of the City Planning Board and the
grant to such Board of the power to review plats; and includes the
land between the street lines, whether improved or unimproved, and
may comprise pavements, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
A line which is usually at an equal distance from both street
lines, or right-of-way lines.
A right-of-way line.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
Any facility which is constructed, used or maintained to
provide recreational facilities for swimming, bathing or wading and
which is capable of containing water to a depth greater than 18 inches.
Residential swimming pools are swimming pools that are an accessory
use to one or more residential dwelling units.
[Amended 12-15-2009 by Ord. No. 195-2009]
A facility designed for the teaching, research and learning
of marine-related subjects.
Any building other than a hotel, motel, apartment house or
boatel offering a room or rooms for rent with or without meals.
The specific purpose for which land or a building or structure
is designed, arranged, intended, or for which it is or may be occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
Permission to depart from the literal requirements of this
chapter pursuant to N.J.S.A. 40:55D-40b, 40:55D-70c and 40:55D-70d.
A structure with at least 100 rooms, the main portion of
which was constructed during or within 15 years after the reign of
Victoria Alexandrina, Queen of the United Kingdom of Great Britain
and Ireland (1837-1901).
An area extending across the full width of a lot and lying
between the front property line of the lot and the nearest wall or
face of the building as defined in this section, "building setback
line." The depth of the front yard shall be measured at right angles
to the front property line of the lot.
An area extending across the full width of the lot and lying
between the rear property line of the lot and the nearest wall or
face of the building as defined in this section, "building setback
line." The depth of the rear yard shall be measured at right angles
to the rear property line of the lot.
An area located between the side property line of the lot
and the nearest wall or face of the building as defined in this section,
"building setback line" and extending from the front yard to the rear
yard, or in the absence of either of such yards, to the front or rear
property lot lines as the case may be. The width of a side yard shall
be measured at right angles to the side property line of the lot.
