New Jersey Administrative Code › Title 19 - OTHER AGENCIES › STATE ETHICS COMMISSION › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 2 - DEFINITIONS › Section 19:66-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter,
					 shall have the following meanings unless the context clearly indicates
					 otherwise.
"Accessory use or structure" means a structure or use
					 that:
1. Is subordinate to and serves a principal building or a
					 principal use;
2. Is subordinate in area, extent, and purpose to the
					 principal structure or principal use served;
3. Contributes to the comfort, convenience, or necessity of
					 the occupants, business, or industry of the principal structure or principal
					 use served; or
4. Is located on the same lot as the principal structure or
					 principal use served, except as otherwise expressly authorized by the
					 provisions of this chapter.
"Act" means and refers to the act providing for the
					 establishment of the Atlantic City Tourism District,
					 P.L.
					 2011, c. 18
					 (
N.J.S.A. 5:12-218
et
					 seq.).
"Administrative appeal" means a method for obtaining review
					 of a decision, determination, interpretation, order, failure, or refusal to
					 act, pursuant to the terms of this chapter as expressly authorized by the
					 provisions of N.J.A.C. 19:66-14.3.
"Alley" means a thoroughfare not more than 20 feet wide
					 that affords only a secondary means to access to abutting property.
"Amusement pier" means any structure extending into
					 navigable waters from the shore of such navigable waters that is either built
					 or maintained for the purpose of providing various facilities for
					 entertainment, including, but not limited to, rides, carousels, roller
					 coasters, ferris wheels, bowling, golf driving ranges, miniature golf, batting
					 cages, water sports, go-karts, bumper cars, roller rinks, arcades, simulation
					 video games, booths for conducting carnival games or the sale of items,
					 theaters for live show entertainment and/or motion pictures, outdoor and/or
					 enclosed restaurants, and retail stores.
"Amusements" means an indoor or outdoor place that is
					 maintained or operated for the amusement, patronage, or recreation of the
					 public to include any coin-controlled amusement devices, including motorized
					 rides, water slides, miniature golf, batting cages, pinball, pool tables,
					 miniature golf course, driving ranges, and similar uses. Amusements includes
					 devices that carry or convey passengers along, around, or over a fixed area for
					 the purpose of giving its passengers amusement, pleasure, thrills, or
					 excitement. Amusements also includes booths for the sale of items, food, and
					 drink.
"Apartment" means a room or suite of rooms used as a single
					 dwelling unit and located in a building in which there are two or more such
					 rooms or suites offered for rent.
"Apartment building" means either:
1. Low-rise: A residential structure of no more than three
					 stories;
2. Mid-rise: A residential structure of four to seven
					 stories; or
3. High-rise: A residential structure of eight or more
					 stories.
"Appeal" means a means for obtaining judicial review of a
					 final agency action.
"Applicant" means a person, including any corporate entity,
					 submitting an application for development, or otherwise seeking an
					 interpretation or relief under this chapter.
"Application" or "application for development" means the
					 application form and all accompanying documents submitted by an applicant or
					 otherwise required by the provisions of this chapter for approval of a
					 Certificate of Land Use Compliance (CLUC), subdivision plat, site plan,
					 development, conditional use, variance, or waiver from the strict application
					 of this chapter, request for reconsideration, or appeal.
"Arcade" means a continuous area parallel and open to the
					 street or to an urban open space, which is accessible to the public at all
					 times and conforms to the following requirements:
1. It shall adjoin a front lot line or urban open space
					 boundary, extend for the full length of or a minimum of 100 feet along such
					 front lot line or urban open space boundary, and at no point be above the level
					 of adjoining public sidewalk or urban open space;
2. It shall be covered by a permanent canopy or part of a
					 building allowing at least 12 feet of headroom; and
3. It shall have a minimum depth of eight feet and a
					 maximum depth of 20 feet, measured perpendicular to the front lot line or urban
					 open space boundary.
Portions of an arcade that are obstructed by columns,
					 building services, or similar features do not qualify as an arcade area, but
					 landscaping or works of art may occupy qualified arcade area, provided that a
					 minimum clear width of six feet remains for pedestrian circulation along the
					 length of the arcade and that public access from the street or urban open space
					 is nowhere obstructed for a length of more than 20 feet or for an aggregate
					 length of more than 65 percent of the arcade's total length within the lot.
					 Access openings between obstructions shall not be less than six feet in
					 width.
"Arterial street or road" means any street serving major
					 traffic movements designed primarily as a traffic carrier that is part of a
					 network of through streets and that provides service and access to abutting
					 properties only as a secondary function.
"Attic" means that part of a building which is immediately
					 below and, wholly or partly, within the roof framing.
"Authority" means the Casino Reinvestment Development
					 Authority.
"Automobile repair" means general repair, rebuilding, or
					 reconditioning of engines, motor vehicles, or trailers.
"Automobile service station" means any building, land area,
					 or other premises, or portion thereof, used or intended to be used for the
					 retail dispensing or sales of automobile fuels, which activity may be
					 accompanied by accessory uses, such as sales of lubricants, tires, accessories,
					 or supplies, minor repairing of automobiles, or a single-bay auto wash;
					 provided, however, that automobile wrecking, major repairing of automobiles,
					 parking, or storing of automobiles for hire and the operation of more than one
					 towing vehicle shall not be deemed permissible accessory uses of an automobile
					 service station.
"Bar" means a place of business duly licensed by the
					 Alcoholic Beverage Control governing body for the sale and on-premises
					 consumption of alcoholic beverages by the drink as the principal or primary
					 use, whether or not food service is served.
"Base Flood Elevation (BFE)" is the elevation as shown on
					 the Federal Emergency Management Agency's (FEMA) Base Flood Elevation (BFE)
					 Maps.
"Beach bar" means a place of business duly licensed by the
					 Alcoholic Beverage Control and the city of Atlantic City for the sale and
					 on-premises consumption of alcoholic beverages by the drink situated on the
					 beachfront.
"Block" means a tract of land bounded by streets, or by a
					 combination of streets, public land, railroad rights-of-way, waterways, or
					 other barrier to the continuity of development.
"Boardinghouse" may a building, other than a motel or
					 hotel, where, for compensation and by prearrangement for definite periods,
					 meals or lodging are provided for three or more persons.
"Boardwalk" means an elevated public pedestrian walkway
					 constructed as a public right-of-way (ROW) along the oceanfront within the
					 Tourism District of Atlantic City.
"Buffer" means an area within a property or site, generally
					 adjacent to, and parallel with, the property line, either consisting of natural
					 existing vegetation or created by the use of trees, shrubs, fences, and/or
					 berms, designed to continuously limit view of and/or sound from the site to
					 adjacent sites or properties.
"Building" means a structure enclosed with exterior walls
					 or fire walls, erected and framed of component structural parts, designed for
					 the housing, shelter, enclosure, and support of individuals, animals, or
					 property of any kind. A building may have a temporary or a permanent
					 foundation.
"Building Code" means the Uniform Construction Code of New
					 Jersey, as from time-to-time adopted, readopted, and amended.
"Building front" means the exterior wall of a building
					 facing the front line of the lot.
"Bulkhead" means a vertical shore protection structure
					 installed to withstand the forces of waves and currents. A bulkhead is not a
					 "revetment" or a "gabion."
"CAFRA Area" means the "coastal area" defined in the New
					 Jersey Coastal Area Facility Review Act (CAFRA) at
N.J.S.A.
					 13:19-4
.
"Cash for gold store" means an establishment whose business
					 includes buying and selling precious stones, gold, silver, platinum or other
					 precious metals, jewelry, coins, or similar goods and licensed by the State of
					 New Jersey Office of Weights and Measures.
"Casino" means as defined pursuant to the provisions of
					 P.L. 1977, c. 110 (as amended), the New Jersey Casino Control Act.
"Casino hotel" means a single building under one ownership,
					 located within the limits of the city of Atlantic City as the limits were
					 defined as of November 2, 1976, and containing not fewer than 500 sleeping
					 units, each of at least 325 square feet measured to the center of perimeter
					 walls, including bathroom and closet space and excluding hallways, balconies,
					 and lounges; each containing private bathroom facilities; and each held
					 available and used regularly for the lodging of tourists and convention guests
					 and conforming in all respects to the facilities requirements contained in the
					 New Jersey Casino Control Act. For the purpose of exceeding the maximum casino
					 size specified in the Casino Control Act, an approved casino hotel may, by
					 means of physical connection, annex additional buildings or facilities.
					 "Physical connection," for the purposes of this definition, means an enclosed
					 permanent pedestrian passageway. In no event shall the main entrance or only
					 access to an approved casino hotel be through a casino.
"Catering services" means an establishment in which the
					 principal use is the preparation of food and meals on the premises, and where
					 such food and meals are delivered to another location for consumption.
"Cellar" means a portion of a building located partly or
					 wholly underground, having 1/2 or more of its clear floor-to-ceiling height
					 below grade.
"Certificate of Land Use Compliance" (CLUC) means the
					 document signed and sealed by the Land Use Regulation enforcement officer, as a
					 condition precedent to the commencement of a use or the alteration, conversion,
					 construction, erection, installation, reconstruction, rehabilitation, or
					 restoration, of a structure or building, evidencing that such use, structure,
					 or building complies with the provisions of this chapter.
"City" means the city of Atlantic City.
"Classification" or "zoning classification" means the
					 zoning district into which a parcel of land is placed and the body of rules to
					 which it is subjected by this chapter and the Tourism District Zoning
					 Map.
"Clinic" means a facility for examining and treating
					 persons with medical problems on an outpatient basis, including ambulatory
					 care, urgent care, or similar medical services that generally require a stay of
					 less than 24 hours. A clinic shall not be considered a treatment facility for
					 narcotic, psychiatric, or alcohol rehabilitation.
"Coastal wetlands" means the Coastal Wetlands designated by
					 the Wetlands Act of 1970,
N.J.S.A. 13:9A-1
et seq., and the Coastal Zone Management Rules,
N.J.A.C.
					 7:7
.
"Collector street or road" means any street designed to
					 gather traffic from local streets and connect with arterial streets.
"Commercial building" means a building, the principal use
					 of which is a commercial use.
"Commercial pier" means any structure extending into
					 navigable waters from the shore of such navigable waters that is either built
					 or maintained for the purpose of providing various facilities for commercial or
					 retail activities including, but not limited to, entertainment, theaters for
					 live shows and/or motion pictures, outdoor and/or enclosed restaurants,
					 breweries and/or distilleries, bars, night clubs, and retail stores.
"Concert hall" means a large public building designed for
					 the performance of concerts. The building may have stage fixed or removable
					 seating.
"Conditional use" means any use specifically listed as a
					 conditional use in the rules applicable to the zoning district in which it is
					 to be located.
"Condotel" means a building containing condominium units,
					 rooms, or suites of rooms, with or without culinary facilities and subject to a
					 timeshare plan.
"Craft breweries and distilleries" means an establishment
					 that brews ales, beers, meads, and/or similar beverages on the premises, which
					 conducts the retail sale of beer (malt beverages with alcohol content as
					 defined by Federal law). Such establishments may also include restaurants as an
					 accessory use.
"Curb level" means the permanently established grade of the
					 street in front of a lot.
"Custom crafts" means articles for sale of artistic quality
					 or effect or handmade workmanship. Examples include candle making, glass
					 blowing, weaving, pottery making, woodworking, sculpting, painting, and similar
					 associated activities.
"Dedication" means the transfer of property from private to
					 public ownership for a public purpose.
"Density" means the permitted number of dwelling units per
					 gross area of land to be developed.
"Developer" means the legal or beneficial owner or owners
					 of a lot or of any land proposed to be included in a proposed development,
					 including the holder of an option or contract to purchase, or other person
					 having an enforceable proprietary interest in such land.
"Development" means 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 use or change in the use of any building or other structure or land; or any
					 extension of use of land for which permission may be required pursuant to this
					 chapter. For purposes of complying with CAFRA, "development" means the
					 construction, relocation, or enlargement of the footprint of development of any
					 building or structure and all site preparation therefor, the grading,
					 excavation, or filling on beaches and dunes, and shall include residential
					 development, commercial development, industrial development, and public
					 development, provided, however, that development does not include repairs or
					 maintenance, such as replacing siding, windows, or roofs, unless such repairs
					 or maintenance are associated with enlargements that are not exempt under CAFRA
					 pursuant to
N.J.A.C.
					 7:7-2.2(c)
4.
"Development regulation" means this chapter and any other
					 code or regulation applicable to the use and development of land or any
					 amendment thereto adopted and filed pursuant to the provisions of all
					 applicable State statute and rules.
"District" means a portion of the territory of the City
					 known as the Atlantic City Tourism District, or any part thereof, established
					 pursuant to the Act within which certain rules and requirements or various
					 combinations thereof apply pursuant to the provisions of this chapter.
"District boundary line" means the lines enclosing a
					 distinct zoning district as shown on the zoning map of the Tourism
					 District.
"District boundary lot" means any lot or parcel of land,
					 any lot line of which coincides with a district boundary line or which is
					 contiguous to any public or private ROW containing a district boundary
					 line.
"Division" or "LURE" means the Authority's Land Use
					 Regulation and Enforcement Division.
"Drainage" means the removal of surface water or
					 groundwater from land by drains, grading, or other means and includes control
					 of runoff to minimize erosion and sedimentation during and after construction
					 or development and means necessary for water supply preservation or prevention
					 or alleviation of flooding.
"Dwelling" means any structure or portion thereof that is
					 designed or used for residential purposes, including:
1. Duplex dwelling. A dwelling designed for and occupied by
					 not more than two families in separate dwelling units, each of which is totally
					 separated from the other by an unpierced wall extending from ground to roof or
					 an unpierced ceiling and floor extending from exterior wall to exterior
					 wall.
2. Multiple-family dwelling. A dwelling designed for or
					 occupied by more than two families.
3. Single-family detached dwelling. A dwelling designed for
					 and intended to be occupied by not more than one family and surrounded by open
					 space or yards and having no roof, wall, or floor in common with any other
					 dwelling unit.
4. Townhouse dwelling. A row of four or more adjoining
					 dwelling units, each of which is separated from the others by one or more
					 unpierced walls extending from ground to roof.
5. Single-family attached dwelling. Two or three adjoining
					 dwelling units, each of which is separated from the other(s) by one or more
					 unpierced walls extending from ground to roof.
"Dwelling unit" means any room or group of rooms located
					 within a dwelling forming a single habitable unit, with facilities that are
					 used or intended to be used for living, sleeping, cooking, eating, and
					 sanitation by one family.
"Educational use" means public, parochial, and private
					 elementary and secondary schools duly licensed by the State of New Jersey,
					 attendance at which is in sufficient compliance with the compulsory education
					 requirements of the State. This definition shall be deemed to include all
					 activities secondary or subordinate to the main activity of such institution,
					 which activities are a part of the normal operation of the school or
					 institution as set forth in its charter.
"Educational college/instructional uses" means any building
					 or group of buildings, the use of which meets State requirements for primary,
					 secondary, or higher education. A public, parochial, or private institution
					 that provides educational instruction to students.
"Enlargement" means an addition to the floor area of an
					 existing building, an increase in the size of any other existing structure or
					 an increase in that portion of a tract of land occupied by an existing
					 use.
"Entertainment and entertainment facilities" means any
					 establishment (indoors or outdoors) where entertainment, either passive or
					 active, is provided for the pleasure of the patrons, either independent or in
					 conjunction with any other use. Such entertainment includes, but is not limited
					 to, theaters, carnivals, nightclubs, vocal and instrumental music, dancing,
					 karaoke, comedy, acting, and similar activities.
"Exception" means permission to depart from the design
					 standards of this chapter.
"Existing grade" means the existing undisturbed elevation
					 of land, ground, and topography preexisting or existing on a lot, parcel, or
					 tract of land at the time of the adoption of this chapter.
"Existing ocean pier" means the existing ocean piers are
					 limited to the footprint of the following five piers, as depicted on the New
					 Jersey Department of Environmental Protection's 1995-1997 National Aerial
					 Photographic Program imagery (GIS): Garden Pier; Steel Pier; Steeplechase Pier,
					 except that Steeplechase Pier may be connected to the boardwalk provided the
					 connecting portion of the pier does not exceed the width of the existing
					 Steeplechase Pier; Central Pier; and Million Dollar Pier also known as "Ocean
					 One" (See
N.J.A.C.
					 7:7-9.47(c)
).
"Expressway" means a divided highway of four lanes or more
					 that provides a high degree of service to through traffic and is designed with
					 no direct access to individual uses on abutting properties.
"Extension" means an increase in the amount of existing
					 floor area within an existing Building.
"Exterior wall" means any wall that defines the exterior
					 boundaries of a building or its courts or of a structure.
"Family" means a group of individuals not necessarily
					 related by blood, marriage, adoption, or guardianship living together in a
					 dwelling unit as a single housekeeping unit. For purposes of this definition,
					 "family" does not include any society, club, fraternity, sorority, association,
					 lodge, federation, or like organizations; or any group of individuals who are
					 in a group living arrangement as a result of criminal offenses.
"Filling" means the depositing on land, whether submerged
					 or not, of sand, gravel, earth, or other materials of any composition
					 whatsoever.
"Final plat" means the final map of all or a portion of a
					 subdivision meeting the requirements of this chapter.
"Finish elevations" means the proposed elevations of the
					 land surface of a site after completion of all site preparation work related to
					 the proposed use for which approval under or pursuant to this chapter is
					 required.
"Finished grade" means the completed surface of lawns,
					 walks, and roads brought to grade(s) as shown on official plans, or designs
					 relating thereto, or as existing if no plans or designs have been
					 approved.
"Flood hazard area" means as defined in
N.J.A.C.
					 7:13
, Flood Hazard Area Control Act Rules.
"Floodplain" means as defined in
N.J.A.C.
					 7:13
, Flood Hazard Area Control Act Rules.
"Floodway" means as defined in
N.J.A.C.
					 7:13
, Flood Hazard Area Control Act Rules.
"Floor area" means the sum of the gross horizontal areas of
					 several floors of a building measured from the exterior faces of the exterior
					 walls or from the center-line of a wall separating two buildings. The floor
					 area of a building shall include all floors at or above the finished grade. The
					 floor area shall include attic floor area only to the extent that such floor
					 area meets the dimensional standards for habitable floor area.
"Floor Area Ratio" or "FAR" means the floor area of the
					 building or buildings on any lot divided by the lot area of such lot. When used
					 in this chapter, the floor area ratio multiplied by the lot area in question
					 produces the maximum amount of floor area that may be constructed on such
					 lot.
"Freshwater wetlands" means the Freshwater Wetlands
					 designated by the Wetlands Act of 1970,
N.J.S.A.
					 13:9A-1
et seq., and the Coastal
					 Zone Management Rules,
N.J.A.C. 7:7
.
"Garage" means a deck or building, or part thereof, used or
					 intended to be used for the parking and storage of vehicles at one or more
					 level, including:
1. A private garage. An accessory building or structure or
					 portion of a main building or structure for the parking of passenger motor
					 vehicles and in which no occupation, business, or services for profit are
					 conducted.
2. A public garage. A garage, other than an accessory
					 garage, which is open to the public with or without a fee for the hourly,
					 daily, or monthly parking of motor vehicles.
"Gas station and convenience center" means a gasoline
					 station and convenience store located on the same lot and planned and operated
					 and maintained as an integrated planned development. The term may include an
					 accessory on the premise where consumption of food and beverage is sold
					 on-site.
"Government uses" means a building or structure owned,
					 operated, or occupied by a municipal, county, State, or Federal governmental
					 agency to provide a governmental service to the public.
"Habitable floor area" means the floor area in a habitable
					 room (any room or enclosed space used or intended to be used for sleeping,
					 living, cooking or dining purposes, excluding, however, kitchens having less
					 than 70 square feet of floor area and further excluding such enclosed places,
					 as utility rooms, closets, pantries, bath or toilet rooms, hallways, cellars,
					 storage spaces, garages, and similar spaces), which has a clear
					 floor-to-ceiling height of not less than seven and one-half feet over an area
					 having no horizontal dimension of less than seven feet; provided, however, that
					 no floor area where the ceiling height over such floor area is less than five
					 feet shall be considered habitable floor area.
"Hearing" means the Authority's Land Use Regulation and
					 Enforcement Division quasi-Judicial Hearing publically held with such frequency
					 and on such dates and times, as duly noticed in accordance with applicable
					 law.
"Hearing officer" means as defined at land use regulation
					 hearing officer.
"Height of building" means the vertical distance measured
					 from Base Flood Elevation (BFE) to the highest point of the roof for flat
					 roofs, to the deck line for mansard roofs, and to the mean height between eaves
					 and ridge for gable, hip, and gambrel roofs.
"Height of sign" means the vertical distance measured
					 between grade and the highest point of the highest element of the sign
					 excluding any incidental structural element, such as uplift cable for a
					 projecting sign.
"Home occupation" means a business, profession, occupation,
					 or trade conducted for gain or support entirely within a residential building
					 or a structure accessory thereto, which use is incidental and secondary to the
					 use of the building for dwelling purposes and does not change the essential
					 residential character or appearance of such building.
"Hospital" means an institution regulated in accordance
					 with
N.J.A.C. 8:43G-1.3
.
"Hotel" means a building or group of buildings containing
					 more than six rooms or suites used or intended to be used for lodging of a
					 transient clientele for compensation, at least 75 percent of the rooms of which
					 have their principal entrance from an interior hallway common to more than two
					 rooms. A common lobby and registration desk along with regular maid service,
					 such as bedding and linen changes shall be provided. Common dining and
					 recreation rooms, shops, and service establishments may be provided as
					 accessory uses. This definition shall not be construed to include a rooming
					 house or a boarding house as defined in the Rooming and Boarding House Act of
					 1979, P.L. 1979, c. 496 (
N.J.S.A. 55:13B-1
et seq.).
"House of worship" means a building or structure, or group
					 of buildings or structures, that is/are: used primarily by groups of persons
					 organized as a nonprofit organization recognized by the Federal Internal
					 Revenue Service as a 501c(3) organization; and used primarily for organized
					 religious services and the accessory uses associated therewith. This definition
					 shall include, but not be limited to: chapels, churches, congregations,
					 temples, mosques, shrines, and similar structures.
"Institutional" means public and public/private group use
					 of a nonprofit nature, typically engaged in public service (for example, houses
					 of worship, nonprofit cultural centers, charitable organizations).
"Land" means improvements and fixtures on, above, or below
					 the surface.
"Land use administrator" means, unless otherwise designated
					 by resolution of the Authority, any Authority employee or retained consultant
					 authorized by the Executive Director to administer and enforce any provisions
					 of this chapter.
"Land Use Regulation and Enforcement Division" means the
					 administrative body within the CRDA that administers land use regulation and
					 enforcement and otherwise enforces this chapter and the land use provisions of
					 the Act.
"Land use regulation enforcement officer" means the
					 individual designated by the Authority to serve as land use regulation
					 enforcement officer, who shall administer the day-to-day review of
					 applications, issue Certificates of Land Use Compliance, and otherwise enforce
					 this chapter and the land use provisions of the Act and who may serve as land
					 use administrator.
"Land use regulation hearing officer" means the individual
					 designated by the Authority to conduct hearings in accordance with the Act and
					 this chapter, and who may serve as the land use administrator.
"Live/work studio" means a single unit (for example,
					 studio, loft, or one bedroom) consisting of both a commercial/office and a
					 residential component that is occupied by the same resident. The live/work unit
					 may be the primary dwelling of the occupant.
"Loading space" means an unobstructed, hard-surfaced area,
					 no part of which is located in any street or public ROW, and the principal use
					 of which is for the standing, loading, or unloading of trucks and
					 trailers.
"Local street" means any street designed to provide access
					 to abutting property and carry local traffic.
"Lot" means 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, including:
1. Corner lot shall mean a lot abutting upon two or more
					 streets at their intersection or junction, or a lot bounded on two sides by a
					 curving street where it is possible to draw two intersecting tangents, one
					 commencing at each of the two points of intersection of the lot lines and
					 street line, which intersect with each other to form an interior angle of less
					 than 135 degrees. Any portion of a "corner lot" whose nearest frontage measured
					 along the front lot line is more than 50 feet from the point of intersection of
					 the two street lines or of the two tangents shall be subject to the rules
					 applicable to an interior lot.
2. Double frontage lot means a lot having frontage on two
					 nonintersecting streets.
3. Interior lot means a lot other than a corner lot.
"Lot area" means the total horizontal area included within
					 the lot lines, including:
1. Lot area per dwelling unit, which means that portion of
					 the lot area required by the applicable provisions of this chapter for each
					 dwelling unit located on a lot.
2. Minimum area of lot, which means the smallest lot on
					 which a particular use or structure may be located in a particular zoning
					 district.
"Lot coverage" means the percentage of lot area occupied by
					 the principal and accessory buildings on such lot at grade level or above,
					 excluding roof overhangs.
"Lot depth" means the mean horizontal distance from the
					 front lot line to the rear lot line, measured perpendicular to the front lot
					 line.
"Lot line" means a line bounding a lot that divides one lot
					 from another or from a street or any other public space or a private road
					 including:
1. Front lot line, which means, in the case of an interior
					 lot abutting upon only one street, the street line separating such lot from
					 such street; or in the case of a double frontage lot or corner lot, each street
					 line separating such lot from a street shall be considered a front lot
					 line.
2. Rear lot line, which means that lot line that is
					 parallel to and most distant from the front lot line of the lot; provided,
					 however, that in the case of an irregular, triangular, or gore-shaped lot, a
					 line 20 feet in length, entirely within the lot, parallel to, and at the
					 maximum possible distance from, the front line shall be considered to be the
					 rear lot line.
3. Side lot line, which means any lot line other than a
					 front or rear lot line.
"Lot width" means the mean horizontal distance between side
					 lot lines, measured at right angles to the depth; provided, however, that lot
					 width measured along the front lot line shall not be less than 80 percent of
					 the required minimum lot width.
"Lounge" means a public room, as in a hotel, theater, or
					 club, in which to sit and relax.
"Maintenance guaranty" or "guaranty" means any security,
					 which may be accepted by the Authority for the maintenance of any improvement
					 required by this chapter.
"Major site plan" means a development plan, not considered
					 as a minor site plan, of one or more lots on which is shown:
1. The existing and proposed conditions of the lot
					 including, but not necessarily limited to, topography, vegetation, drainage,
					 floodplains, marshes, and waterways; and
2. 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
3. Any other information that may be reasonably required in
					 order to make an informed determination pursuant to the provisions of this
					 chapter.
"Major subdivision" means any subdivision not classified as
					 a minor subdivision or major subdivision.
"Marina" means facilities for the docking, anchoring,
					 mooring, launching, storing, fueling, sales, rental, and service of commercial,
					 pleasure, and recreational boats and related boating materials, equipment, and
					 structures, whether land- or water-based and having five or more boat
					 slips.
"Marine sciences and technology use" means a research
					 facility relating to naval architecture, marine engineering, and ocean
					 engineering to marine-related research in the fields of environmental science
					 and technology, oceanography, computational mechanics research, and information
					 technology.
"Massage parlor" means any establishment where, for any
					 form of consideration, massage or other manipulation of the human body is
					 offered as a service, and where all practitioners are licensed by the State of
					 New Jersey Department of Law and Public Safety, Division of Consumer Affairs,
					 New Jersey Board of Nursing as certified massage therapists. This does not
					 include an athletic club, health club, school, gymnasium, reducing salon, spa,
					 or any service or treatment provided by a licensed medical doctor or
					 chiropractor, where massage is offered as an incidental or accessory
					 service.
"Master Plan" means the Tourism District Master Plan, as
					 adopted by the Authority pursuant to Resolution 12-14 dated February 1, 2012,
					 as readopted pursuant to Resolution 12-23 dated February 21, 2012, as amended
					 by Resolution 17-47 dated April 18, 2017, and as may be amended by the
					 Authority from time to time.
"Medical office, clinic, or lab" means office space used by
					 health care professionals for the examination and/or treatment of patients on
					 an outpatient basis, with no overnight stays by patients. A medical office may
					 include a medical lab and/or clinic that is a facility offering diagnostic or
					 pathological testing and analysis of blood, blood fluids, pathological
					 specimens, DNA sampling and analysis, and any other diagnostic test generally
					 recognized in the healthcare industry. A medical office, clinic, or lab shall
					 not be considered a treatment facility for narcotic, psychiatric, or alcohol
					 rehabilitation.
"Minor site plan" means an application for non-residential
					 development that:
1. Does not exceed parcels of one acre in size;
2. Consists of a maximum building gross floor area of
					 10,000 square feet;
3. Consists of a maximum of three stories;
4. Based on the parking requirements, would require no more
					 than 25 parking spaces; and
5. Contains the information reasonably required in order to
					 make an informed determination as to whether the requirements established by
					 this chapter for approval of a minor site plan have been met.
"Minor subdivision" means a subdivision of land that does
					 not involve any of the following: the creation of no more than three lots, a
					 planned development pursuant to this chapter, the laying out of any new street
					 or the extension of any off-tract improvement.
"Mixed use" means the development of a tract of land or
					 building or structure with two or more different uses, such as, but not limited
					 to, residential, office, retail, public, or entertainment, in a compact urban
					 form.
"Motel" means a building or group of buildings used or
					 intended to be used for lodging of a transient clientele for compensation and
					 which has individual entrances from the outside of the building for more than
					 25 percent of the dwelling or rooming units located therein.
"Municipal Land Use Law" or "MLUL" means the Municipal Land
					 Use Law, P.L. 1975, c. 291 (
N.J.S.A.
					 40:55D-1
et seq.).
"Nonconforming lot" means a lot that does not comply with
					 the lot requirements for any permitted use in the zoning district in which it
					 is located.
"Nonconforming sign" means any sign lawfully existing as of
					 January 2, 2018, or any amendment to it rendering such sign nonconforming,
					 which does not comply with this chapter.
"Nonconforming structure" means 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 reasons of such adoption,
					 revision, or amendment.
"Nonconforming use" means any use lawfully being made of
					 any land, building, or structure, other than a sign, as of January 2, 2018,
					 rendering such use nonconforming, which does not comply with this chapter
					 governing use for the zoning district in which such land, building, or
					 structure is located.
"Non-point source impacts" means impacts to water quality
					 generated from diffuse sources within an urbanized environment that may,
					 cumulatively, cause degradation of surface and/or groundwater quality from
					 pollutants.
"Off site" means located outside the lot lines of the lot
					 in question but within the property, of which the lot is a part, which is the
					 subject of a development application or the closest half of the street or
					 right-of-way abutting the property of which the lot is a part.
"On-site" means located on the lot in question and
					 excluding any abutting street or ROW.
"Open porch" means a roofed open structure projecting from
					 the exterior wall of a building and having at least 70 percent of the total
					 area of the vertical planes forming its perimeter unobstructed in any manner
					 between floor and ceiling except by insect screening.
"Open space" means 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 or support its use for recreation and
					 conservation purposes.
"Parks" means a noncommercial, not-for profit facility
					 designed to serve the recreation needs of the residents of the community. Such
					 facilities include subdivision recreation facilities (neighborhood parks),
					 community parks, regional parks, and special use facilities, all as may be
					 described in the recreation and open space element of the Master Plan. Such
					 facilities may also include, ballfields, football fields, and soccer fields,
					 and similar activities.
"Parking area" means any public or private area, under or
					 outside of a building or structure, designed and used for parking motor
					 vehicles, including parking lots, garages, private driveways, and legally
					 designated public streets.
"Parking lot" means any land area used or intended to be
					 used for the parking of more than three vehicles, including an accessory
					 parking lot (a parking lot that may or may not be on the same lot as another
					 use and for which it provides parking) and a freestanding parking lot (a
					 parking lot that is not accessory to a particular use but which is itself the
					 primary use).
"Parking space" means a space for the parking of a
					 motor-driven vehicle within a public or private parking area.
"Pawn shop" means an establishment whose business includes
					 selling, buying, or receiving any tangible personal property, or equipment
					 previously owned, such as antiques, precious stones, gold, silver, platinum, or
					 other precious metals, jewelry, coins, any tools, television sets, radios,
					 record or stereo sets, electronic devices, musical instruments, sporting goods,
					 automotive equipment, collectibles, and other electronically recorded material,
					 firearms, cameras and camera equipment, video equipment, bric-a-brac, luxury
					 clothing, furs, purses, watches, desktops, laptops, tablets, computers,
					 portable GPS units, cell phones, gaming systems and video game consoles, or
					 similar goods, and is licensed by the State of New Jersey, Department of
					 Banking and Insurance, Licensing Services Bureau-Banking to loan money on the
					 collateral of secondhand goods.
"Person" means an individual, corporation, governmental
					 unit (excluding the Authority), or other similar entity engaged in activities
					 subject to this chapter.
"Personal services" means an act by which the skills of one
					 person are utilized for the benefit of another, provided no function involves
					 manufacture, cleaning, storage, or distribution of products or goods, except
					 for cleaning and repairing of clothing and similar personal accessories.
					 Personal services include, but are not limited to, dry cleaning and pressing
					 service, linen supply, barber shops, beauty shops, diaper service, shoe repair,
					 funeral services, indoor recreation, health and fitness clubs/spas, steam
					 baths, massage parlors, reducing salons, gyms, clothing rental, locker rental,
					 porter services, nail salons, secondhand goods shops, pet hotels, pet grooming,
					 pawn shops, cash or gold stores, and similar uses.
"Pet hotel" means boarding for dogs and other domesticated
					 animals for overnight or daily stays, and may include pet grooming and
					 training.
"Pier" means any structure extending into navigable waters
					 from the shore of such navigable waters that is either built or maintained for
					 the purpose of providing a berth for watercraft or for loading or unloading
					 cargo or passengers onto or from the watercraft (may include a temporary boat
					 hoist without roof or walls) or carries various structures and amusement
					 facilities.
"Plat" means a map or maps of a subdivision or site
					 plan.
"Pop-up uses" means uses established on vacant land, lots,
					 or parking lots that are not an extension of the same uses contained and
					 functioning within an adjacent structure, intended to operate on a seasonal or
					 similar type temporary basis. In addition, such uses are generally
					 characterized by the need to establish booths, stalls, tables, or other similar
					 temporary devices for the sale of goods or by the sale of goods from vans,
					 trailers, food carts, station wagons, or other similar type vehicles.
"Preliminary plat" means the preliminary map indicating the
					 proposed layout of the subdivision.
"Premises" means a lot, or parcel of land, together with
					 the buildings and structures thereon.
"Principal building" means a building in which is conducted
					 the main or principal use of the lot on which the building is situated.
"Private club, lodge, or grounds" means a building and
					 related facilities, owned or operated by a corporation, association, or group
					 of persons, for social, educational, or recreational purposes for members
					 regularly paying dues, but not primarily for profit nor to render a service
					 that is customarily carried on as a business.
A building or related facilities owned or operated by a
					 corporation, association, or group of individuals established for the
					 fraternal, social, educational, recreational, or cultural enrichment of its
					 members and not primarily for profit, and whose members meet certain prescribed
					 qualifications for membership and pay dues.
"Professional office" means the office of a member of a
					 recognized profession maintained for the conduct of that profession. It
					 includes, but is not limited to, an office for the use of accountants, doctors,
					 attorneys, architects, real estate agents, insurance brokers, dentists,
					 engineers, or similar professionals.
"Public areas" means areas dedicated to any governmental
					 agency for use as public parks, playgrounds, trails, paths, and other
					 recreational areas; other public open spaces; scenic and historic sites; and
					 sites for schools and other public buildings and structures.
"Public improvement" means any improvement, facility, or
					 service, together with its associated public site or ROW, necessary to provide
					 transportation, drainage, utility, energy, or similar essential services,
					 including, but not limited to, streets, drives, sidewalks, walkways, and other
					 vehicular and pedestrian circulation systems, together with customary
					 improvements and appurtenances, such as signaling, signage, curbs, and gutters,
					 shade trees, and landscaped buffers or parkways, and street furniture;
					 facilities incidental to a public transportation system, such as loading zones,
					 turnarounds, passenger waiting areas protected from inclement weather, and
					 pedestrian linkages between loading areas and activity areas; storm sewers and
					 appurtenances, drainage-ways, culverts, flood control basins and devices,
					 retention and detention basins or areas to control storm runoff, erosion and
					 sediment control structures and devices, and other drainage structures,
					 devices, and facilities; water supply and distribution facilities and
					 appurtenances both for domestic use and for fire protection; sanitary sewage
					 disposal and treatment facilities and appurtenances; public utility facilities
					 and appurtenances for gas, electric, and telephone service; and facilities and
					 appurtenances for the production, conversion, distribution, and storage of
					 energy necessary for essential residential, resort, commercial, and industrial
					 uses permitted by this chapter.
"Public site" means an area devoted to or planned for use
					 as a public park; a public school; a Federal, State, county, or City building
					 or facility site; another public use or facility; or easement for a street
					 transportation corridor, utility corridor, waterway, or drainage-way owned or
					 to be owned by a government agency.
"Public utility station" means a structure that is owned
					 and/or operated by a utility provider that provides utility service to the
					 general public for a fee. The structure may include, without limitation, an
					 electrical transfer station, switching station, or pump station and all
					 equipment that is ancillary and incidental to the primary operation, but
					 excludes, recycling, and solid waste transfer stations.
"Recreation" means one or more of the following:
1. "Indoor recreation" means a commercial recreational land
					 use conducted entirely within a building that may include an arcade, arena, art
					 gallery and studio, art center, assembly hall, athletic and health clubs,
					 auditorium, bowling alley, club or lounge, community center, conference center,
					 exhibit hall, gymnasium, library, movie theater, museum, performance theater,
					 pool or billiard hall, skating rink, swimming pool, tennis court, and similar
					 uses.
2. "Outdoor recreation" means predominantly participant
					 uses conducted in open or partially enclosed or screened facilities. May
					 include driving ranges, miniature golf, swimming pools, tennis courts, outdoor
					 racquetball courts, motorized cart and motorcycle tracks, motorized model
					 airplane flying facilities, water features, and fields used for active
					 recreational activities, paintball, laser tag, orienteering, golf driving
					 ranges, water parks, amusements, and similar uses.
3. "Passive recreation" means activities that involve
					 relatively inactive or less energetic pursuits, such as engaging in board or
					 table games, picnicking, sitting, and walking.
"Rectories" means the place of residence of the staff of a
					 place of worship.
"Restaurant" means any establishment, however designated,
					 at which food is sold for consumption on the premises, normally to patrons
					 seated within an enclosed building, and may include take-out restaurants. Uses
					 with outdoor seating shall also be considered restaurants. A drive-thru
					 facility may or may not be included as part of a restaurant. A bar may be an
					 accessory use to the restaurant.
"Retail sales" means establishments engaged in the selling
					 or rental of goods or merchandise (usually to the general public for personal
					 use or household consumption, although they may also serve business and
					 institutional clients) and rendering services incidental to the sale of such
					 goods. It includes, but is not limited to, apparel, apparel accessories,
					 groceries, foodstuffs, bakeries, drugstores, packaged liquor sales, gift shops,
					 hardware stores, florists, arts and crafts stores, bookstores, and arts and
					 crafts.
"Right-of-way" or "ROW" means a City, county, or State
					 right-of-way.
"Riparian license" means see "tidelands instrument."
"Secondhand goods" means new or used items not owned by the
					 original manufacturer, retailer, or wholesaler.
"Secondhand goods shop" means an establishment whose
					 business includes selling, buying, or receiving any tangible personal property,
					 or equipment previously owned, such as antiques, precious stones, gold, silver,
					 platinum or other precious metals, jewelry, coins, any tools, television sets,
					 radios, record or stereo sets, electronic devices, musical instruments,
					 sporting goods, automotive equipment, collectibles, and other electronically
					 recorded material, firearms, cameras and camera equipment, video equipment,
					 bric-a-brac, luxury clothing, furs, purses, watches, desktops, laptops,
					 tablets, computers, portable GPS units, cell phones, gaming systems and video
					 game consoles, or similar goods.
"Sedimentation" means the deposition of soil that has been
					 transported from its site or origin by water, ice, wind, gravity, or other
					 natural means as a product of erosion.
"Sign" means any object, device, display, or structure, or
					 part thereof, situated outdoors or indoors, which is used to advertise,
					 identify, display, direct, or attract attention to an object, person,
					 institution, organization, business, product, service, event, or location by
					 any means, including words, letters, figures, designs, symbols, fixtures,
					 colors, illumination, or projected images. Signs do not include the flag or
					 emblem of any nation, organization of nations, state, the City, or any
					 fraternal, religious, or civic organizations; merchandise pictures or models of
					 products or services incorporated in a window display, works of art which in no
					 way identify a product; graffiti; running, flashing, or phasing lights, which
					 are integral to or serve to accent a principal structure or specific
					 architectural components thereof; or scoreboards located on athletic fields.
					 Particular functional and structural types of signs follows.
1. "Advertising sign" means a sign that directs attention
					 to a business, commodity, service, or entertainment conducted, sold, or offered
					 at a location other than the premises on which the sign is located;
2. "Animated or moving sign" means any sign, or part
					 thereof, which changes physical position by any movement or rotation or which
					 gives the visual impression of such movement or rotation. Animated signs
					 include the following types:
(a) "Electrically energized animated sign" means
					 illuminated signs whose motion or visual impression of motion is activated
					 primarily by electrical means. Electrically energized animated signs are of two
					 types:
i. "Animated electrically energized flashing signs," which
					 means illuminated signs exhibiting a pre-programmed repetitious cyclical
					 interruption of illumination from one or more sources in which the duration of
					 the period of illumination (on phase) varies with the duration of the period of
					 darkness (off phase), and in which the intensity of illumination varies from
					 zero (off) to 100 percent (on) during the programmed cycle; and
ii. "Animated electrically energized illusionary movement
					 signs," which means illuminated signs exhibiting the illusion of movement by
					 means of a preprogrammed repetitious sequential switching action in which
					 illuminated elements of the sign and are turned on or off to visually simulate
					 the impression of motion characteristic of chasing, running, blinking,
					 oscillating, twinkling, scintillating, or expanding and contracting light
					 patterns;
(b) "Mechanically energized animated sign" means signs
					 manifesting a repetitious pre- programmed physical movement or rotation in
					 either one or a series of planes activated by means of mechanically based
					 drives; and
(c) "Naturally energized animated sign" means signs whose
					 motion is activated by wind or other atmospheric impingement. Wind driven signs
					 include flags, pennants, streamers, spinners, metallic disks, or other similar
					 devices designed to move in the wind.
3. "Awning, canopy, or marquee sign" means a sign that is
					 mounted or painted on or attached to an awning, canopy, or marquee that is
					 otherwise permitted by this chapter. No such sign shall project above, below,
					 or beyond the physical dimensions of such awning, canopy, or marquee.
4. "Bulletin board sign" means a sign that identifies an
					 institution or organization on the premises of which it is located and which
					 contains the name of the institution or organization, the name or names of the
					 person or persons connected with it, and greetings, announcements of events, or
					 activities occurring at the institution or similar messages.
5. "Business sign" means a sign that directs attention to a
					 business or profession conducted, or to a commodity or service sold, offered,
					 or manufactured, or to an entertainment offered on the premises where the sign
					 is located.
6. "Construction sign" means a temporary sign erected on
					 premises on which construction is taking place during the period of such
					 construction, indicating the names of the architects, engineers, landscape
					 architects, contractors, and similar artisans and the owners, financial
					 supporters, sponsors, and similar persons or firms having a role or interest
					 with respect to the structure or project.
7. "Electronic billboard sign" means a sign that utilizes
					 computer-generated messages or some other electronic means of changing copy.
					 These signs may include, but are not limited to, displays using incandescent
					 lamps and light-emitting diodes (LED).
8. "Governmental sign" means a sign erected and maintained
					 pursuant to and in discharge of any governmental function or required by any
					 law, ordinance, or governmental regulation.
9. "Ground sign" means any sign, other than a pole sign,
					 placed upon or supported by the ground independently of any other
					 structure.
10. "Historical or architectural designation sign" means a
					 sign designed to provide information on the architectural or historical
					 qualities of a structure, building, or site.
11. "Holiday decorations" means temporary signs in the
					 nature of decorations, clearly incidental to, and customarily and commonly
					 associated with, any national, local, or religious holiday. Any other provision
					 of this chapter to the contrary notwithstanding, such signs may be of any type,
					 number, area, height, location, illumination, or animation.
12. "Home occupation sign" means a sign containing only the
					 name and occupation of a permitted home occupation.
13. "Identification sign" means a sign giving the name,
					 logo, trademark, or other identifying symbol; address; or any combination of
					 the name, symbol, and address of a building, business, development, or
					 establishment on the premises where it is located.
14. "Illuminated sign" means a sign lighted by or exposed
					 to artificial lighting either by lights on or in the sign or directed towards
					 the sign.
15. "Joint-identification sign" means a sign that serves as
					 common or collective identification for two or more commercial, resort, or
					 industrial uses sharing an office plaza, shopping center, industrial park, or
					 the like and which is located on such premises. Such sign shall be limited in
					 content to identification of the plaza, center, or park shared by such uses,
					 and shall not contain any reference to the individual uses sharing the plaza,
					 center, or park.
16. "Memorial sign" means a sign or tablet memorializing a
					 person, event, or structure.
17. "Nameplate sign" means a sign giving the name or
					 address, or both, of the owner or occupant of a building or premises on which
					 it is located.
18. "On-site informational sign" means a sign commonly
					 associated with and limited to information and directions necessary or
					 convenient for persons coming on the property, including signs marking
					 entrances and exits, parking areas, one-way drives, restrooms, pickup and
					 delivery areas, and the like.
19. "Pole sign" means a sign that is mounted on a
					 freestanding pole or other supports, so that the bottom edge of the sign face
					 is six feet or more above grade.
20. "Political sign" means a temporary sign announcing or
					 supporting political candidates or issues in connection with any national,
					 State, or local election.
21. "Portable sign" means a sign that is not permanently
					 affixed to a building, a structure, or the ground.
22. "Private sale or event sign" means a temporary sign
					 advertising private sales of personal property at house sales, garage sales,
					 rummage sales, and the like, or private, not-for-profit events such as picnics,
					 carnivals, bazaars, game nights, art fairs, craft shows, and Christmas tree
					 sales.
23. "Projecting sign" means a sign that is, wholly or
					 partly, dependent upon a building for support and which projects more than 12
					 inches from such building.
24. "Real estate sign" means a sign pertaining to the sale
					 or lease of the premises or a portion of the premises on which the sign is
					 located, excluding sold-by signs.
25. "Roof sign" means a sign that is mounted upon the roof
					 of a building or which is wholly dependent upon a building for support and
					 which projects more than six inches above the highest point of a building with
					 a flat roof, the eave line of a building with a gambrel, gable, or hip roof or
					 the deck line of a building with a mansard roof.
26. "Temporary sign" means a banner, sign, or advertising
					 display constructed of durable material, such as, cloth, canvas, fabric, paper,
					 plywood, or other light material, either portable or stationary, used to
					 display information relating to a land use or event of limited duration, for
					 example, sales, promotions, discounts, new services, new ownership, grand
					 openings, and special events.
27. "Wall sign" means a sign fastened to or painted on the
					 wall of a building or structure in such a manner that the wall becomes the
					 supporting structure for or forms the background surface of the sign and that
					 does not project more than 12 inches from such building or structure.
28. "Warning sign" means a sign limited to messages of
					 warning, danger, or caution.
29. "Wayfinding sign" means signs, landmarks, or other
					 visual graphic communication that are part of a government sponsored and
					 coordinated program for the purpose of directing pedestrian and vehicular
					 traffic to local destinations. Typical wayfinding signs include: gateways,
					 vehicular directional, destination, parking lot identification, parking
					 trailblazer, pedestrian directional, vehicular directional, and pedestrian
					 kiosk.
30. "Window sign" means a sign that is applied or attached
					 to the exterior or interior of a window or located within three feet of the
					 interior of a window and which can be seen from the exterior of the
					 structure.
"Sign face" means the area made available by a sign
					 structure for the purpose of displaying the message.
"Site" means the lot or lots upon which a proposed
					 development is to be constructed.
"Site preparation" means physical activity that is an
					 integral part of a continuous process of land development or redevelopment for
					 a particular development, which must occur before actual construction of that
					 development, but does not include the taking of soil borings, performing
					 percolation tests, or driving of less than three test pilings.
"Sketch plat" means the sketch map of a subdivision of
					 sufficient accuracy to be used for the purpose of discussion and
					 classification.
"Story" means that portion of a building included between
					 the surface of any floor and the surface of the floor next above it, or if
					 there is no floor above it, the space between the floor and the ceiling next
					 above it and including basements used for the principal use.
"Street" means any street, avenue, boulevard, road,
					 parkway, viaduct, drive, or other way that is an existing State, county, or
					 municipal roadway; or which is shown upon a plat heretofore approved pursuant
					 to law; or which is approved by official action as provided in the MLUL or
					 which is shown on a plat that was duly filed and recorded in the office of the
					 Atlantic County Recorder prior to the appointment of the Authority and the
					 grant thereto of the power to review plats, and includes the land between the
					 street lines, whether improved or unimproved, and may comprise pavement,
					 shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the
					 street lines. The boardwalk shall not be considered a street.
"Street line" means the dividing line between a lot and a
					 street or a private road or way over which two or more dominant estates have
					 the ROW or the boardwalk.
"Structural alteration" means any change in either the
					 supporting members of a building, such as bearing walls, columns, beams, and
					 girders, or in the dimensions or configurations of the roof or exterior
					 walls.
"Structure" means 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, but excluding any structure, as
					 defined by the CAFRA rules that are or may be constructed over water.
"Subdivision" means 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, if no
					 new streets are created: divisions of land found by the Authority to be for
					 agricultural purposes where all resulting parcels are five acres or larger in
					 size; divisions of property by testamentary or intestate provisions; division
					 of property upon court order, including, but not limited to, judgments 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 Authority to conform to the requirements of this
					 chapter and are shown as separate lots, tracts, or parcels on the Tax Map of
					 the City. The term subdivision shall also include the term
					 "resubdivision."
"Tattoo parlors" means an establishment whose principal
					 business activity, either in terms of operation or as held out to the public,
					 is the practice of one or more of the following:
1. Placing of designs, letters, figures, symbols, or other
					 marks upon or under the skin of any person, using ink or other substances that
					 result in the permanent coloration of the skin by means of the use of needles
					 or other instruments designed to contact or puncture the skin; and/or
2. Creation of an opening in the body of a person for the
					 purpose of inserting jewelry or other decoration.
"Tax map" means the then current Tax Map promulgated by the
					 City.
"Temporary uses" means uses established for a fixed period
					 of time with the intent to discontinue such use upon the expiration of such
					 time. Such uses are primarily outdoors and do not involve the construction or
					 alteration of any permanent building or structure.
"Terrace" means a level plane or surfaced patio, directly
					 adjacent to a principal building at or within three feet of grade and not
					 covered by any permanent structure.
"Theater" means a building used for dramatic, operatic,
					 motion pictures, or other performance, for admission to which entrance money is
					 received.
"Tidelands instrument" means a written document conveying,
					 leasing, or licensing lands owned or claimed to be owned as present or formerly
					 flowed tidelands by the State of New Jersey to public entities or private
					 interests pursuant to
N.J.S.A. 12:3-1
et seq., and
13:1B-13
et seq. Tidelands instruments
					 include licenses, long-term leases, conveyances (often called grants), and
					 management agreements. These documents are recorded in the office of the clerk
					 of the county or registrar of deeds and mortgages of the county in which the
					 property is located. This definition shall remain consistent with any future
					 updates to the Coastal Zone Management Rules.
"Tourism District" means the area established within the
					 City by resolution of the Authority in accordance with the Act. See also
					 "District" defined in this section.
"Variance" means permission to depart from the literal
					 requirements of this chapter.
"Waiver" means permission to depart from the document or
					 information submission requirements of this chapter.
"Warehousing" means a building used primarily for the
					 storage of goods and materials.
"Waterfront development permit" means any legal instrument
					 issued by the State of New Jersey pursuant to
N.J.S.A.
					 12:5-3
, prior to the development or
					 improvement of the waterfront.
"Water supply system" means any installation or structure
					 designed to provide a potable water supply.
"Wetlands permit" means any legal instrument issued
					 pursuant to
N.J.S.A. 13:9A-1
et seq.,
					 and
13:9B-1
et seq., and
N.J.A.C. 7:7
or
					 7:7A.
"Wholesale establishment" means a business engaged in the
					 sale of commodities in quantity, usually for resale or business use, chiefly to
					 retailers, other businesses, industries, and institutions.
"Wireless telecommunications towers and facilities" means a
					 Federal Communications Commission-licensed facility, designed and used for the
					 purpose of transmitting, receiving, and relaying voice and data signals from
					 various wireless communication devices and equipment.
1. "Wireless antennas" means typically a panel type antenna
					 approximately six to 12 inches wide and three to six feet in height, but may
					 also include whip antennas and satellite dish antennas and small/micro cell
					 sites and Distributed Antenna System (DAS) units. Wireless antennas are mounted
					 on existing or new buildings and can be flush or roof mounted; and
2. "Wireless towers" means a structure designed and
					 constructed to support one or more antennas used by commercial wireless
					 telecommunication facilities and including all appurtenant devices attached to
					 it. A tower can be freestanding (solely self-supported by attachment to the
					 ground) or supported (attached directly to the ground and with guy wires) of
					 either lattice or monopole construction.
"Yard" means:
1. A required open space on a lot between a lot line and a
					 building or structure which is unoccupied and unobstructed from grade to the
					 sky, except for the following permitted obstructions:
i. Statuary, arbors, trellises, and barbecue stoves;
ii. Awnings and canopies;
iii. Bay windows and balconies projecting not more than 36
					 inches from an exterior wall for a distance not more than 1/3 of the length of
					 such wall, provided that such projections shall come entirely within planes
					 drawn from the main corners of the building at an interior angle of 22 1/2
					 degrees with the wall in question;
iv. Chimneys, flues, belt courses, leaders, sills,
					 pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like
					 projecting not more than 36 inches from an exterior wall;
v. Fire escapes or outside stairways projecting from an
					 exterior wall not more than 36 inches;
vi. Flagpoles;
vii. Non-mechanical laundry-drying equipment, except in a
					 front yard;
viii. Off-street parking and loading, but only as expressly
					 authorized in accordance with the provisions of this chapter;
ix. Terraces;
x. Recreational equipment, except in a front yard;
xi. HVAC equipment, except in a front yard;
xii. Handicap ramps; and
xiii. Steps/stoops a maximum of eight feet wide are
					 permitted to encroach up to four feet into front and rear yard setback
					 requirements.
2. Front Yard -- A Yard extending the full width of the lot
					 between the street line and the front yard line.
3. Rear Yard -- A Yard extending the full width of the lot
					 in the area between the rear lot line and the rear yard line.
4. Side Yard -- A yard between a side lot line and a side
					 yard line.
"Yard depth" means:
1. "Front yard depth" means the minimum distance between
					 the front lot line to the front yard line.
2. "Rear yard depth" means the minimum distance between the
					 rear lot line to the rear yard line.
"Yard line" means:
1. "Front yard line" means a line drawn parallel to a front
					 lot line at a distance therefrom equal to the depth of the required front
					 yard.
2. "Rear yard line" means a line drawn parallel to a rear
					 lot line at a distance therefrom equal to the depth of the required rear
					 yard.
3. "Side yard line" means a line drawn parallel to a side
					 lot line at a distance therefrom equal to the depth of the required side
					 yard.
"Yard requirements" means the rules of this chapter
					 establishing minimum front, side, and rear yard requirements and setback
					 requirements for various uses, structures, and districts.
"Zoning district" means as set forth in the definition of
					 "district" as defined in this section.
"Zoning District Map" or "Zoning Map" means the map drawn
					 and approved by the Authority that graphically shows all zoning district
					 boundaries and zoning classifications within the Tourism District, and adopted
					 as an element of the Authority Master Plan.