[Amended 5-2-1995 by Ord.
No. 1209; 11-3-1999 by Ord. No. 1339; 2-18-2001 by Ord. No. 1393; 3-5-2002 by Ord. No. 1395; 3-5-2002 by Ord. No. 1397; 12-3-2002 by Ord. No. 1429; 6-17-2003 by Ord. No. 1441; 12-16-2003 by Ord. No. 1446; 5-7-2013 by Ord. No. 1625; 8-18-2015 by Ord. No. 1677; 2-22-2015 by Ord. No. 1690; 12-18-2018 by Ord. No. 1770]
For the purpose of this chapter, certain phrases and words are
herein described as follows: Words used in the present tense include
the future; words used in the singular number include the plural number
and vice versa; words used to include the male gender include the
female gender and vice versa; the word "used" shall also include arranged,
designed, constructed, altered, converted, rented, leased or intended
to be used; the word "lot" includes the word "plot" and "premises";
the word "building" includes the word "structure," "dwelling" or "residence";
the word "shall" is mandatory and not discretionary. Any word or item
not defined herein shall be used with a meaning as defined in Webster's
New International Dictionary of the English Language, unabridged and
latest edition. Moreover, whenever a term is used in the chapter which
is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to
have the meaning as defined in N.J.S.A. 40:55D-1 et seq., unless specified
to the contrary in this chapter.
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use, is nonhabitable unless specifically permitted herewithin
and which is located on the same lot therewith, including, but not
limited to, garages, carports, decks, kennels, sheds, nonportable
swimming pools, and all roofed structures. Any accessory building
attached to the principal building shall be considered part of the
principal building.
The Secretary to the Planning Board, unless a different municipal
official is designated by this chapter to administer certain of the
responsibilities and authorities specified for the administrative
officer in N.J.S.A. 40:55D-1 et seq.
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on properties such as, but not limited to, inadequate drainage
facilities, unsuitable street grades, street locations that fail to
compose a convenient system, and failure to provide or make future
allowances for access to the interior portion of adjoining lots or
for other facilities required by this chapter.
A minor way serving vehicular traffic circulation to more
than one lot at the rear or side of a lot otherwise abutting on a
street.
A change or rearrangement in the structural parts or in the
means of egress; or an enlargement, whether by extending on a side
or by increasing in height; or the moving from one location or position
to another.
A building used to house small kiddie coin-operated amusement
rides, pinball, video and other such electronic games and/or amusement
games of skill and chance. Amusement arcades are intended to be nonnuisance
activities oriented to the family resort character of the City.
A pier used as a promenade and upon which may be located
those commercial uses associated with amusement and recreation within
the limits of this chapter.
The landowner or the agent, optionee, contract purchaser
or other person authorized in writing to act for the landowner submitting
an application under this chapter.
The Application Coordinator of the City of North Wildwood,
Cape May County, New Jersey.
The application or appeal forms, together with the required
fees and all accompanying documents required by this chapter, for
approval of a subdivision plat, site plan, planned development, conditional
use, zoning variance or direction for issuance of a permit pursuant
to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
An open area, other than a street, which is used for the
display, sale or rental of new or used motor vehicles or trailers
in operable condition and where no repair work is done.
As defined in § 252-1 of the Code of the City of North Wildwood.
That portion of a building partly below and partly above
grade and having 1/2 or more of its height above grade.
A room planned or used primarily for sleeping.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes other than on a building
or the grounds to which the advertising applies.
The Planning Board of the City of North Wildwood.
A public right-of-way located along the beach or ocean front,
portions of which are elevated and portions of which are at grade,
constructed of wooden or composite boards or concrete or asphalt or
similar material, and supported by wooden or concrete piles that is
used for the purpose of pedestrian traffic to promenade along the
beach front and as access to amusement piers, stores and commercial
establishments and such other public and semipublic buildings. The
definition of "boardwalk" also shall include all appurtenant access
ramps and stairs.
Any place or premises, whether public or private, temporary
or permanent in nature or location, where the practices of body art,
whether or not for profit, are performed.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A visual and auditory barrier at least five feet in width
between adjoining lots or site uses composed of evergreen growth arranged
to form a low-level screen planted to an initial height minimum of
two feet on five-foot centers and a high-level screen planted to an
initial height minimum of five feet on ten-foot centers.
Any structure or extension thereof or addition thereto having
a roof supported by such things as columns, posts, piers, walls and/or
air and intended for the shelter, business, housing, or enclosing
of persons, animals or property.
As to nonresidential buildings, "building height" shall be the vertical distance measured to the highest point of the building from base flood elevation. As to residential buildings, "building height" shall be the vertical distance measured to the highest point of the building from base flood elevation or from the "best available flood hazard data elevation" (as that phrase is defined in § 252-1), whichever is more restrictive.
An extension of a room, building, roof, porch, eave, window,
bay window, etc., that creates a projection in a wall, or which extends
beyond the exterior walls of the building itself.
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion of the paved or graded width.
That portion of a building partly below and partly above
grade and having at least 1/2 its height below grade.
Any facility which is maintained for the care, development
and supervision of six or more children who attend the facility for
less than 12 hours a day and which offers such programs as child-care
centers, day-care centers, drop-in centers, day nursery schools, play
schools, cooperative child centers, centers for children with special
needs, infant-toddler programs, employment-related centers, and/or
kindergartens that are not an integral part of a private educational
institution or system offering elementary education in grades kindergarten
through sixth. A child-care center shall not offer programs operated
in the day-care center by a public or private day school of elementary
and/or high school grade, special activity programs for children,
youth camps, and/or religious classes or centers.
City of North Wildwood, Cape May County, New Jersey.
The facilities of an organization formed for the primary
purpose of fraternal, social, educational or charitable group activities
as opposed to individual or corporate business formed for profit.
A parcel or parcels of land or an area of water, or a combination
of land and water, together with the improvements thereon and designed
and intended for the ownership, use or enjoyment of the residents
and owners of the development. Common property may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit of the residents and owners of the development.
As defined by N.J.S.A. 40:55D-66.2, as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
As defined by N.J.S.A. 40:55D-66.2, as amended.
As defined by N.J.S.A. 40:55D-66.2, as amended.
As defined by N.J.S.A. 40:55D-66.2, as amended.
An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board, when so certified by the Board or its authorized designee as indicated in Article VIII of this chapter. In the event the application is not certified to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period for action by the Board unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the Board or its authorized designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its designee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as specified in this chapter.
The square footage or other area measurement by which all
buildings occupy a lot as measured in a horizontal plane around the
periphery of the foundation and including the area under any roof
extending more than two feet beyond the foundation.
The square footage or other area measurement by which all
buildings and impervious surfaces cover a lot as measured in a horizontal
plane to the limits of the impervious area(s). All parking spaces
and lots, paved or unpaved, swimming pools and other bodies of collected
water, buildings, roads, driveways and walkways, tennis courts, patios,
and any other structure, or on-site material or ground condition that
does not permit the natural absorption and permeation by soils of
water shall be included in the computation of lot coverage.
Calendar days.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or any
mining, excavation or landfill, and any use or change in use of any
building or other structure or land or extension of use of land for
which permission may be required.
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities, or lands required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one housekeeping unit. The dwelling
shall be self-contained and shall not require passing through another
dwelling unit or indirect route(s) to get to any portion of the dwelling
unit, nor shall there be shared facilities with another housekeeping
unit.
DETACHED SINGLE-FAMILYA building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit which has its own sleeping, sanitary and general living facilities.
ACCESSORY APARTMENT UNITSA single additional dwelling unit within a single-family detached dwelling which shall contain at least two rooms and have sanitary and cooking facilities for the exclusive use of its occupant. Said unit shall be no more than 25% of the net habitable floor area of the principal dwelling unit and shall be a minimum of 500 square feet in area.
APARTMENTA building occupied or intended to be occupied exclusively for residence purposes by three or more housekeeping units living independently of each other and each with its own cooking and sanitary facilities.
BED-AND-BREAKFASTAny private residence which has been adapted or converted to offer a homestyle place of lodging that provides 10 or fewer separate dwelling units as defined by the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq., for transients and individual sleeping accommodations for 25 or fewer persons, is occupied by the owner of the facility as his or her place of residence during any time that the facility is used for the lodging of guests, does not allow any guest to remain for more than 30 successive days or more than 30 days of any period of 60 successive days, does not offer food to the general public, and in which the only meal served to guests is breakfast. The use must be registered with the New Jersey Department of Community Affairs.
(Reserved)[1]
RESIDENTIAL FLATA residential dwelling unit situated on the second floor above permitted nonresidential uses in the CBD Central Business District in accordance with the applicable provisions of this chapter.
SEMIDETACHEDTwo buildings on two adjacent lots joined by a party wall, each containing one dwelling unit with its own sleeping, cooking and sanitary facilities, and which is occupied or intended to be occupied for residence purposes by one housekeeping unit.
TOWNHOUSEOne building containing at least three, but no more than eight, connected dwelling units, where each dwelling unit is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof design, color, exterior materials, and other features, singularly or in combination. Each dwelling unit may be a maximum of 2 1/2 stories, but nothing in the definition shall be construed to allow one dwelling unit over another; i.e., there shall be no more than one dwelling unit in any vertical plan.
TWO-FAMILYA building occupied or intended to be occupied exclusively for residence purposes by two housekeeping units living independently of each other and each with its own cooking and sanitary facilities.
A right to use the real property of another created by deed
or other legal means, for the benefit of private persons or the public,
for one or more specific purposes such as access, drainage, conservation,
or provision of utility services.
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day care in which child-care services are regularly provided
to no less than three and no more than five children for no less than
15 hours per week. A child being cared for under the following circumstances
is not included in the total number of children receiving child-care
services:
A structure erected as a barrier to access to or from a part
or whole of a property, including walls, screens or hedges intended
to be a fence.
The relatively flat area adjoining the channel of a natural
stream or body of water which has been or may be hereafter covered
by floodwater.
The ratio of the gross floor area to the area of the lot
or tract.
The plan projection of all roofed areas on a lot multiplied
by the number of full stories under each roof section, provided that
the area under any roof overhang of two feet or less shall not be
included in the GFA calculation. Basements which satisfy applicable
construction code definitions of habitable space are included in the
GFA for residential uses. The gross floor area of a townhouse, apartment
or other attached structure shall be measured from the center of the
interior walls and the outside or exterior walls.
The actual occupied area fully enclosed by the inside surfaces
of walls, windows, doors and partitions, including working, living,
eating, cooking and sleeping areas, but excluding garages, carports,
parking spaces, halls, storage areas, closets, bathrooms, cellars,
half-stories and unfinished attics and basements.
Any establishment having a separate kitchen and containing
a minimum of 100 seats at which food is sold primarily for consumption
on the premises and within a building, serving full course meals,
offering soups, salads, main entrees, and desserts and utilizing nondisposable
dinnerware such as china and nondisposable flatware such as silverware.
An accessory building or structure or portion of a main building
or structure used for the storage of four or less passenger motor
vehicles owned by the occupants of the principal building only without
the provision for repairing or servicing such vehicles for profit.
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles customarily
used for private transportation, local school buses on commercial
vehicles.
Any building, premises and land in which, or upon which,
a business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
A reference plane representing the average of finished ground
elevation adjoining a building at all exterior walls.
The nonliving landscape elements made of, but not limited
to, stone, bricks, permeable and/or impermeable pavers, ornamental
structures and/or statues and fountains, concrete, or metal. Hardscaping
consists of structural features made of stone, brick, or concrete,
including walkways, patios, retaining walls and other landscaping
features that aren't organic grasses, plants or flowers. These objects
are generally sturdy, durable features and require minimal maintenance.
[Added 11-21-2023 by Ord. No. 1921]
An occupation, including, but not limited to, any licensed
profession conducted in a dwelling unit subordinate to its residential
use, provided that:
Such occupation may be pursued in the principal dwelling unit
structure or in a secondary building which is accessory to such principal
building or structure.
The use of the property for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants, and not more than 25% of the net habitable floor area
of all structures shall be used in the conduct of the home occupation.
No person other than members of the household residing on the
premises plus one secretary or other assistant shall be engaged in
the occupation.
The residential character of the lot and building shall not
be changed; no occupational sounds shall be audible outside the building;
and no equipment shall be used which will cause interference with
radio or television reception in neighboring residences. No display
of products shall be visible from the street, nor shall any materials
be stored outside the dwelling unit.
The home occupation shall not generate the business or care
of more than two clients at any one time and shall be by appointment
only. The home occupation shall not include the breeding, raising,
care, boarding or maintenance of animals.
The home occupation shall not necessitate the need to park more
than one vehicle at any time in addition to those ordinarily used
by the residents of the home. Said vehicles shall be limited to passenger
automobiles and/or other vehicles not exceeding a three-fourths-ton
capacity and must be parked off-street. The home occupation shall
not reduce the parking or yard requirements of the dwelling. There
may be parked on the premises not more than one vehicle owned or operated
in conjunction with the home occupation. No other vehicle(s) owned
or operated in conjunction with the home occupation shall be parked
overnight, stored or repaired, either on- or off-premises, within
a residential zone, and no such vehicle(s) shall be parked overnight
or stored on a street.
The applicant shall have applied for and received minor site
plan approval from the Planning Board in accordance with the applicable
requirements of this chapter.
The following uses do not constitute a home occupation in this
chapter: real estate agents, the maintenance and operation of a private
school or day-care center; beauty parlor; barber shop; private sanitorium;
health institute; clinic or hospital; nursing home; lodging or boarding
home; collection, storage and sale of goods; house of worship; or
any use constituting a commercial enterprise.
Family day-care homes shall be deemed to be a home occupation
in any residential district in which home occupations are a permitted
accessory use and shall be subject to the same restrictions applicable
to all other home occupations stated herein.
One one-square-foot wall-mounted sign shall be permitted on
the first floor.
Unless otherwise specified, a sanitarium, sanitorium, preventorium,
clinic, rest home, nursing home, convalescent home and any other facility
containing beds for four or more patients and used for the diagnosis,
treatment or other care of human ailments. The term "hospital" shall
not include the offices of a doctor.
[Amended 5-17-2022 by Ord. No. 1878]
A building containing six or more individual units which are
designed, designated, and intended to be rented, used, let, or hired
out for compensation for transiency occupancy by the general public,
by reservation or walk-up without reservations, on a daily or weekly
basis, but in any case without a lease, for occupancy of not less
than one night nor more than 20 continuous nights, and which is not
intended to be used for any primary residential purpose on either
a temporary or permanent basis.
The building must contain a defined public lobby/front desk
area or a registration and information station which is maintained
in order to serve hotel/motel guests and the general public, and employ
an on-site manager and/or front desk staff, available on a twenty-four-hour
basis. The building must provide maid service and other room amenities,
including linens and towel service, in a manner expected by the travelling
public. The operation of the building generates sales and use tax,
tourism tax and tourism fees on revenue generated from the above sales
and services are paid.
An annual mercantile license is required to be obtained from
the municipality for the operation of the building in the aforementioned
manner. This definition shall also mean and include any building or
structure defined as a multiple dwelling with the New Jersey Department
of Community Affairs (as required under the Hotel and Multiple Dwelling
Health and Safety Law, N.J.S.A. 55:13A-1 et seq.), which is occupied
or intended to be occupied as a hotel or motel.
One or more persons living together in one dwelling on a
nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
An organization founded for the promotion of a cause, including
only medical, educational, correctional, religious, and social service
organizations serving the public at large and chartered as a public,
governmental or eleemosynary institution.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey or, in the case of a civil proceeding in any
court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire, on enjoy property is or may be affected by
any action taken under the provisions of this chapter, or whose rights
to use, acquire or enjoy property under the Municipal Land Use Law
(N.J.S.A. 40:55D-1 et seq.) or this chapter, or under any other law
of this state or of the United States, have been denied, violated
or infringed upon by an action or a failure to act under the provisions
of this chapter.
Any space, whether inside or outside a building, used for
the storage, keeping or abandonment of junk, including scrap metals
or other scrap materials, or for the dismantling, demolition, salvage,
resale or abandonment of automobiles or other vehicles or machinery
or parts thereof.
Includes seed/grass sod, trees, shrubs, appropriate edging
materials, rocks, stone or other hardscape materials in accordance
with an overall landscape plan. Planting of native species is highly
encouraged. Hardscaping shall be limited to 50% of any landscaped
area located in the front yard as defined and as shown on the landscaping
plan. Landscaping does not include hard paving stones, pervious and/or
impervious pavers and/or hardscape areas. Landscaping of the utility
strip, commonly between the curb and sidewalk, need not be landscaped.
Landscaping shall not be installed with any type of impervious barrier,
not allowing stormwater or rainwater from infiltrating into the ground.
Acceptable and recommended plantings for landscaping can be found
at https://northwildwood.com/departments/public-buildings-parks- and-grounds-department.
[Added 11-21-2023 by Ord. No. 1921]
An off-street parking space or berth, either within a structure
or in the open and on the same lot with a building or group of buildings,
for the temporary parking of a commercial vehicle while loading or
unloading, with at least 14 feet of vertical clearance but, in any
case, sufficient clearance for the use intended. The minimum size
loading space shall be 12 feet by 45 feet.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit, provided that no portion of an existing public
street shall be included in calculating a lot boundary or lot area.
The word "lot" includes the words "plot" and "premises."
The area contained within the lot lines of a lot not including
any portion of a street right-of-way. 10% may be under water.
The perpendicular distance between the street line or front
lot line and a line drawn parallel thereto through the midpoint of
the rear lot line.
The distance between the side lot lines measured along the
street line. The minimum lot frontage shall be the same as the minimum
lot width, except that where the lot frontage is a curve with an outside
radius of less than 500 feet, the minimum frontage shall not be less
than 75% of the minimum lot width. In the case of a corner lot, the
side of the lot with the smallest distance adjacent a street shall
be considered the lot frontage.
Any line forming a portion of the exterior boundary of a
lot and the same line as the street line for that portion of a lot
abutting a street.
A lot abutting the intersection of two or more streets, where
the interior angle of intersection does not exceed 135°. Each
corner lot shall have two front yards, one side yard and one rear
yard, the side and rear yard to be designated at the time of application
for a construction permit.
A lot other than a corner lot.
The straight line horizontal distance between side lot lines
at setback points on each side lot line measured from the street line
at the minimum required building setback line. When the side lot lines
are not parallel, the minimum lot width at the setback line shall
not be less than 75% of the minimum lot frontage for the zoning district
in which the lot is located.
A public promenade or pedestrian way which may be enclosed
or open.
A small harbor, inlet or boat basin devoted to the purpose
of providing docks, berths, slips or tie-ups for boats and small pleasure
craft and of providing services for said boats and craft.
Any device, including an elevating device such as a vertical
lift or automated vehicle storage system, that allows for the provision
of parking of any motor vehicle by elevating it off of the ground
with or without the use of ramping.
[Added 5-3-2022 by Ord. No. 1870]
A facility offering outpatient methadone maintenance services.
Consistent with N.J.S.A. 40:55D-66.1, a methadone clinic is deemed
to be a business or commercial operation or the functional equivalent
thereof and shall not be construed as ancillary or adjunct to a doctor's
professional office.
The Planning Board or City Council, or any other agency created
or responsible to one on more municipalities, when acting pursuant
to N.J.S.A. 40:55D-1 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A building or structure, the size, dimension, or location
of which was lawful prior to the adoption, revision on amendment of
this chapter, but which fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
A lot, the area, dimension, or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
An offensive, annoying, unpleasant or obnoxious thing or
practice; a cause or source of an annoyance, especially a continuing
or repeating invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristic of
activity or use across a property line which can be perceived by or
affects a human being, or the generation of an excessive or concentrated
movement of people or things such as and including but not limited
to noise; dust; smoke; fumes; odor; glare; flashes; vibration; shock
waves; heat; electronic or atomic radiation; objectionable effluent;
noise of congregation of people, especially at night; passenger traffic;
transportation of things by truck, rail or other means; and invasion
of nonabutting street frontage by parking.
Located outside the lot lines of the property in question,
but within the property (of which the lot is a part) which is the
subject of a development application, or on a contiguous portion of
a street right-of-way or drainage or utility easement.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
An elevated structure which may be made of materials such
as perimeter foundation, raised deck or slab and may include steps
and a railing, but no side or front walls. An open porch must be attached
to the principal building.
An incorporated, nonprofit organization operating in a planned
development under recorded land agreement providing that each owner
is automatically a member; each occupied dwelling unit is automatically
subject to a charge for proportionate share of expenses for the organization's
activities and maintenance, including any maintenance costs levied
against the organization by the City; and each owner and tenant has
the right to use the common property.
An area not less than nine feet wide by 18 feet in length,
either within a structure or in the open, for the parking of motor
vehicles, exclusive of driveways, access drives, fire lanes and public
rights-of-way, except that nothing shall prohibit private driveways
for dwelling units from being considered off-street parking areas,
provided that no portion of such driveway within the right-of-way
line of the street intersected by such driveway shall be considered
off-street parking space. The area is intended to be sufficient to
accommodate the exterior extremities of the vehicle, whether in addition
thereto wheel blocks are installed within this area to prevent the
bumper from overhanging one end of the parking space. The width and
length of each space shall be measured perpendicular to each other
regardless of the angle of the parking space to the access aisle or
driveway.
A small seating area or green space created as a public amenity
on or alongside a sidewalk, especially in a former roadside parking
space.
Any security, in accordance with the requirements of this
chapter, including but not limited to surety bonds, letters of credit
under the circumstances specified in Section 16 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.5), and cash.
Any use of land or buildings as permitted by this chapter.
As defined by N.J.S.A. 40:55D-66.2, as amended.
“Personal Wireless Services,” as defined in 47
U.S.C. §332(c)(7)(C).
[Added 9-15-2020 by Ord. No. 1814[2]]
A structure extending over land or water for use as a docking
place on promenade.[3]
A building, structure or use which is the main or primary
building, structure or use on the lot.
Any building, structure, outdoor space, uncovered plot, place,
lot, parcel, yard, or enclosure, or any portion thereof, where motor
vehicles may be parked, stored, housed or kept, for which any charge
is made, and which is open to the general public.
The surface, the airspace above the surface and the area
below the surface of any street, road, highway, lane, alley, boulevard
or drive, including the sidewalk, shoulder and area for utilities
owned by the City of North Wildwood within an easement to the public
or other easement owned by the City of North Wildwood.
[Added 9-15-2020 by Ord. No. 1814[4]]
The use of land or buildings by the governing body of the
City or any officially created authority or agency thereof.
Space allocated for collection and storage of source-separated
recyclable materials.[5]
Any establishment, however designated, at which food is sold
primarily for consumption on the premises and within a building. However,
a snack bar or refreshment stand at a public or community swimming
pool, playground, playfield or park, operated solely by the agency
or group operating the recreational facility and for the convenience
of patrons of the facility, shall not be deemed a restaurant.
Any retail food establishment such as a restaurant, refreshment
stand, snack bar, dairy bar, hot dog or hamburger stand where food
is served primarily for consumption at counters, stools or bars outside
the building or primarily for consumption in automobiles parked on
the premises or off the premises, whether brought to said automobiles
by the customer or by employees of the restaurant, regardless of whether
or not additional seats or other accommodations are provided for customers
inside the buildings; however, no transaction may be made on the street
or sidewalk.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but not including conveyances so as
to combine existing lots by deed or other instrument.
Any apparatus which is designated for the purpose of receiving
television, radio, microwave, satellite, on other similar signals,
with the exception of conventional television antennas. Said definition
shall not include any antennas used for the purpose of the transmission
of signals.
Lands and buildings providing for the sale of automotive
fuel, lubricants, and automotive accessories. Maintenance and minor
repairs for motor vehicles may be provided, but no body repairs or
painting or the storage of inoperable, wrecked or unregistered vehicles
shall be permitted. Additionally, no car wash operation, car or truck
rental, parking for a fee or other activity not specifically a part
of the service station use shall be permitted.
A line drawn parallel with a street or lot line and drawn
through the point of a building nearest to the street line on lot
line. The term "required setback" means a line that is established
a minimum horizontal distance from the street line or lot line and
beyond which a building or part of a building is not permitted to
extend toward the street line or lot line. Eaves, cornices or overhangs
more than 10 feet above lot grade may project into yard setback areas
a maximum of 12 inches. In order to create an aesthetically pleasing
building facade along the side of a building which fronts a street,
bay windows or other architectural detailing more than 10 feet above
lot grade may extend into the front yard setback a maximum of 12 inches.
A triangular area established in accordance with the requirements
of this chapter in which no grading, planting or structure shall be
erected or maintained more than 30 inches above the street center
line except for street signs, fire hydrants and light standards.
Any building or structure or portion thereof on which any
announcement, declaration, demonstration, display, illumination, insignia
or other visual communication is used to advertise or promote the
interest of any person, products or service when the same is placed
in view of the general public.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
limited to topography, vegetation, drainage, floodplains, marshes
and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices; and any other information that may be reasonably
required in order to make an informed determination concerning the
adequacy of the plan in accordance with the requirements of this chapter.
MAJOR SITE PLANAny development plan not classified as a minor site plan.
MINOR SITE PLANAny development plan which is limited to the proposed construction of any permitted accessory use(s) other than fences and signs, such as a home occupation or off-street parking area, as such accessory uses are specifically permitted in Article IV of this chapter, or any development plan consisting of an expansion of, or addition to, an existing conforming structure and/or use not exempted from site plan review by § 276-63B(1) of this chapter and not accounting for more than 10% additional building coverage and not exceeding more than 2,500 square feet of enclosed and roofed area; providing that such development plan does not involve a planned development, the installation of any road improvements or the expansion of public facilities and does not adversely affect the development of an adjoining property or properties.
"Small wireless facility," as defined in the Code of Federal
Regulations at 47 CFR 1.6002(l), as supplemented and/or as amended.
[Added 9-15-2020 by Ord. No. 1814[6]]
A level floor or platform constructed at a location where
the direction of stairs changes, between flights of the stair, or
at the top of stair flight.
That portion of a building included between the upper surface
of any floor and the upper surface of the next floor above it or,
if there is no floor above it, then the surface between the floor
and the ceiling next above it. For the purpose of this chapter, the
interior of the roof shall not be considered a ceiling. Moreover,
cellars and basements shall be considered stories when considering
the height of a building, unless said areas are used solely for ancillary
storage. A "half-story" is the area under a pitched roof at the top
of a building, the floor of which is at least four feet, but no more
than six feet, below the plate.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown on a plat heretofore approved, pursuant to law,
or which is approved as provided by this chapter or which is shown
on a plat duly filed and recorded in the office of the County Recording
Officer prior to the appointment of 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
comprise pavement, shoulders, gutters, sidewalks, parking areas and
other areas within the street line.
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way, as shown on the adapted Master
Plan or Official Map, forming the dividing line between the street
and a lot. The right-of-way of all City streets shall be at least
50 feet.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above, or below the surface
of a parcel of land, including but not limited to buildings, fences,
standards, signs, towers, tanks, swimming pools, tennis courts and
piers.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels, or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created: divisions
of land found by the Planning Board to be for agricultural purposes
when all resulting parcels are five acres on more in size; divisions
of property by testamentary on intestate provisions, provided the
division is in conformity with the applicable ordinance requirements;
divisions of property upon court order, including, but not limited
to, judgements of foreclosure; consolidation of existing lots by deed
or other recorded instrument; and the conveyance of one or more adjoining
lots, tracts or parcels of land, owned by the same person or persons
and all of which are found and certified by the administrative officer
to conform to all requirements of the City of North Wildwood municipal
development regulations and which are shown and designated as separate
lots, tracts or parcels on the Tax Map or atlas of the City of North
Wildwood. The term "subdivision" shall also include the term "resubdivision."
MINOR SUBDIVISIONAny division of land for the creation of not more than three lots (two new lots and the remaining parcel), each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of City facilities; not involving any streets requiring additional right-of-way width as specified in the Master Plan or Official Map and/or the street requirements of this chapter, unless such additional right-of-way width, either along one or both sides of said street(s), as applicable, shall be deeded to the City or to the appropriate governmental authority prior to classification as a minor subdivision; not involving planned development; not involving any required off-tract improvements; not adversely affecting the development of the remainder of the parcel or adjoining property; not being a further division of an original tract of land for which previous subdivision(s) have been approved by the City within the current calendar year and where the combination of the proposed and previously approved minor subdivision(s) constitute a major subdivision; and not being deficient in those details and specifications required of minor subdivisions as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of this Land Development Ordinance as shown on the City Tax Maps. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision for purposes of the application and review requirements specified in § 276-64 of this chapter.
MAJOR SUBDIVISIONAny division of land not classified as a minor subdivision.
A swimming pool, other than a wading pool, whether portable
or fixed, that is located on a lot principally used for a dwelling
unit by one housekeeping unit, and including all buildings, structures,
and equipment appurtenant thereto.
Any pool other than a private residential swimming pool designed
to be used collectively by persons for swimming and bathing purposes,
including pools designed as part of any hotel or motel use or apartment
or townhouse development.
A swimming pool that is not permanently installed and meets
all of the following criteria: does not require water filtration,
circulation and purification; does not exceed 18 inches in depth;
does not exceed a water surface of 100 square feet; and does not require
braces or supports. Portable swimming pools are not subject to this
chapter.
Any method of placing designs, letters, scrolls, figures,
symbols or any other marks upon or under the skin by means of application
of any chemical, dye or any other substance that results in the temporary
or permanent coloring of the skin without regard to the type of instrument
that is used to apply to or under the skin the chemical, dye or other
substance or the method by which said chemical, dye or other substance
is applied to or under the skin.
Any place or establishment where tattooing is performed.
An establishment used primarily for the sale or serving of
liquor by the drink to the general public and where food or packaged
liquors may be served or sold only as accessory to the primary use.
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
The original land area may be divided by one existing public street
and still be considered one tract, provided that the street is not
an arterial road and that a linear distance equal to more than 75%
of the frontage of the side of the street having the larger street
frontage lies opposite an equivalent linear distance of street frontage
on the other side of the street.
The use, possession, or right to use or possess any space
for accommodation or occupation, i.e., a dwelling unit, sleeping unit,
and/or hotel and motel units, for a period of 20 continuous days/nights
or less, in accordance with a lease, permit, right of access, license,
reservation, permit, and/or similar agreement.
[Added 5-17-2022 by Ord.
No. 1878]
A vehicular portable structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses which may contain cooking, sleeping and sanitary facilities,
such as a camper, house trailer, or motor home.
A wooden or metal pole that is used by public utilities to
support electrical wires, telephone wires, coaxial cables, fiber optic
cables and like and similar appurtenances.
[Added 9-15-2020 by Ord. No. 1814[7]]
Permission granted to an applicant for development by the
Planning Board, to depart from the literal requirements of the zoning
provisions of this chapter.
Development that cannot physically function without direct
access to the body of water along which it is proposed. Uses, or portions
of uses, that can function on sites not adjacent to the water are
not considered water-dependent, regardless of the economic advantages
that may be gained from a waterfront location. The test for water-dependency
shall assess both the need of the proposed use for access to the water
and the capacity of the proposed water body to satisfy the requirements
and absorb the impacts of the proposed use. A proposed use will not
be considered water-dependent if either the use can function away
from the water or if the water body proposed is unsuitable for the
use.
Development that serves the general public and derives economic
benefit from direct access to the water body along which it is proposed,
such as a hotel or restaurant, if it takes full advantage of a waterfront
location. An assembly plant could be water-oriented if overland transportation
is possible but water-borne receipt of raw materials and shipment
of finished products is economically advantageous.
An open space extending across the full width of the lot
and lying between the street line and the closest point of any building
on the lot. The depth of the front yard shall be measured horizontally
and at right angles to either a straight street line or the tangent
lines of curved street lines. The minimum required front yard shall
be the same as the required setback.
An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the principal
building on the lot. The depth of the rear yard shall be measured
horizontally and at right angles to either a straight rear lot line
or the tangent of curved rear lot lines.
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required side yard
shall be measured horizontally and at right angles to either a straight
line or the tangent lines of curved lot lines.
[1]
Editor's Note: This Subsection E, the former definition of "hotel or motel," was repealed 5-17-2022 by Ord. No. 1878.
[2]
Editor's Note: This ordinance also provided that: Small wireless
facilities installed upon utility poles, preexisting structures or
new structures within public rights-of-way shall be a permitted use
in all zoning districts in the City of North Wildwood without regard
to whether or not they are collocated on structures with other antennas
or equipment that is utilized in connection with the provision of
personal wireless services. The maximum height at which a small wireless
facility may be installed in a public right-of-way shall be equal
to the highest allowable height for all permitted uses in the zoning
district in which the small wireless facility is to be installed or
50 feet, whichever is less. A proposed installation of a small wireless
facility in a public right-of-way at a height that exceeds the height
limitation contained in this section shall be subject to applicable
zoning requirements regarding applications for height variances. The
installation of a small wireless facility within a public right-of-way
shall not require site plan approval.
[4]
Editor's Note: This ordinance also provided that: Small wireless
facilities installed upon utility poles, preexisting structures or
new structures within public rights-of-way shall be a permitted use
in all zoning districts in the City of North Wildwood without regard
to whether or not they are collocated on structures with other antennas
or equipment that is utilized in connection with the provision of
personal wireless services. The maximum height at which a small wireless
facility may be installed in a public right-of-way shall be equal
to the highest allowable height for all permitted uses in the zoning
district in which the small wireless facility is to be installed or
50 feet, whichever is less. A proposed installation of a small wireless
facility in a public right-of-way at a height that exceeds the height
limitation contained in this section shall be subject to applicable
zoning requirements regarding applications for height variances. The
installation of a small wireless facility within a public right-of-way
shall not require site plan approval.
[6]
Editor's Note: This ordinance also provided that: Small wireless
facilities installed upon utility poles, preexisting structures or
new structures within public rights-of-way shall be a permitted use
in all zoning districts in the City of North Wildwood without regard
to whether or not they are collocated on structures with other antennas
or equipment that is utilized in connection with the provision of
personal wireless services. The maximum height at which a small wireless
facility may be installed in a public right-of-way shall be equal
to the highest allowable height for all permitted uses in the zoning
district in which the small wireless facility is to be installed or
50 feet, whichever is less. A proposed installation of a small wireless
facility in a public right-of-way at a height that exceeds the height
limitation contained in this section shall be subject to applicable
zoning requirements regarding applications for height variances. The
installation of a small wireless facility within a public right-of-way
shall not require site plan approval.
[7]
Editor's Note: This ordinance also provided that: Small wireless
facilities installed upon utility poles, preexisting structures or
new structures within public rights-of-way shall be a permitted use
in all zoning districts in the City of North Wildwood without regard
to whether or not they are collocated on structures with other antennas
or equipment that is utilized in connection with the provision of
personal wireless services. The maximum height at which a small wireless
facility may be installed in a public right-of-way shall be equal
to the highest allowable height for all permitted uses in the zoning
district in which the small wireless facility is to be installed or
50 feet, whichever is less. A proposed installation of a small wireless
facility in a public right-of-way at a height that exceeds the height
limitation contained in this section shall be subject to applicable
zoning requirements regarding applications for height variances. The
installation of a small wireless facility within a public right-of-way
shall not require site plan approval.
