A.
Purpose. The purpose of this zoning article is to
implement the goals, objectives and recommendations contained in the
City of Margate 2017 Master Plan.
B.
Establishment of zones. For the purposes of this article,
the City is hereby divided into 14 districts as follows:
[Amended 10-4-2012 by Ord. No. 16-2012; 1-31-2013 by Ord. No.
01-2013; 8-15-2013 by Ord. No. 17-2013; 10-4-2018 by Ord. No. 24-2018]
|
S-60
|
Single-Family Residential
|
|
S-60-WF
|
Single-Family Residential
|
|
S-50
|
Single-Family Residential
|
|
S-40
|
Single-Family Residential
|
|
S-40-WF
|
Single-Family Residential
|
|
S-30
|
Single-Family Residential
|
|
S-25
|
Single-Family Residential
|
|
S-25 (HD)
|
Historic Single-Family Residential
|
|
TF
|
Two-Family Residential
|
|
MF
|
Multi-Family Residential
|
|
CBD
|
Central Business District
|
|
C-1
|
Commercial
|
|
C-2
|
Commercial/Business
|
|
WSD
|
Waterfront Special District
|
|
R
|
Riparian
|
|
WAPC
|
Washington Avenue Pedestrian Corridor
|
|
I
|
Institutional Use
|
|
B
|
Beach
|
C.
Zoning Map. The location and boundaries of the above
districts are hereby established on the Zoning Map of the City of
Margate in Atlantic County dated September 2018, which is filed in
the office of the City Clerk. Said map or maps and all notations,
references and designations shown thereon shall be part of this article
as if the same were all fully described and set forth herein.[2]
[Amended 9-24-2006 by Ord. No. 2006-26; 10-4-2018 by Ord. No. 24-2018]
[2]
Editor's Note: The Zoning Map is also included as an attachment to this chapter.
D.
Interpretation of zone boundaries. Whenever an uncertainty
or ambiguity exists as to the true location of any boundary line of
any zone shown on the Map, the following rules shall apply:
(1)
The zone boundary lines are intended generally to
follow street center lines, existing lot lines, center lines of railroad
right-of-way, waterways, sewer and utility easements or as otherwise
indicated on the Zoning Map.
(2)
Where a zone boundary line does not coincide with
any such line as above set forth, its location or relation to another
boundary line shall be as designated on said Zoning Map by means of
figures or dimensions expressing distance in feet from a street side
line or other boundary line.
(3)
In cases of uncertainty or disagreement as to the
true location of any zone boundary line, the determination thereof
shall be with the Planning Board.
[Amended 10-4-2018 by Ord. No. 24-2018]
(4)
All City-owned beachfront parcels or portion thereof contiguous and
landward of existing bulkheads designated on the Zoning Map as B (Beach)
shall, upon termination of government ownership, be considered designated
the same zone as the contiguous nongovernmental owned parcel. The
adjacent zones are S-30, S-40, CBD, and MF.
[Added 2-1-2018 by Ord.
No. 03-2018; amended 10-4-2018 by Ord. No. 24-2018]
E.
Schedule of permitted uses. The schedule of permitted,
conditional and accessory uses is contained in Schedule A and is hereby
made part of this chapter.[3]
[3]
Editor's Note: Schedule A, containing the Schedule of Uses for Residential Districts and the Schedule of Uses for Nonresidential Districts, is included as an attachment to this chapter.
F.
Schedule of Area, Yard and Building Requirements.
The Schedule of Area, Yard and Building Requirements is contained
in Schedule B and is hereby made part of this chapter.[4]
[4]
Editor's Note: Schedule B, containing schedules of standards for residential and nonresidential districts, is included as an attachment to this chapter.
G.
Permitted uses. This zoning article shall be viewed
as permissive. After the adoption of this chapter, no uses or structures
shall be permitted in the City which are not listed as a permitted,
accessory or conditional uses or unless permitted by the Zoning Board
of Adjustment.
H.
Conditional uses. Notwithstanding compliance with
specific conditional use standards hereinafter set forth, conditional
uses shall require site plan approval by the appropriate board.
J.
All applicants for land use approvals and/or building permits are
hereby advised that the City has used the best information available
to it to provide owners/builders with guidance as to current FEMA
requirements and standards but that development decisions are to be
made by individual applicants based on their own due diligence. As
such, applicants are advised that they proceed at their own risk.
[Added 1-31-2013 by Ord. No. 01-2013; amended 8-15-2013 by Ord. No.
17-2013]
A.
General.
(1)
No building or structure shall be erected and no existing
building or structure shall be moved, altered, added to or enlarged,
nor shall any land or building be designed, used or intended to be
used for any purpose or in any manner other than as specified among
the uses listed as permitted, accessory or conditional in the district
in which such building or land is located.
(2)
No building or structure shall be erected, reconstructed
or structurally altered to exceed in height the limit designated in
the district in which such building or structure is located.
(3)
No building or structure shall be erected, no existing
buildings or structures shall be altered, enlarged or rebuilt, nor
shall any open space surrounding any building be encroached upon or
reduced in any manner, except in conformity with the yard, lot area
and building location regulations hereinafter designated for the district
in which such building or open space is located.
(4)
The area or dimension of any lot, yard, parking area
or other space shall not be reduced to less than the minimum required
by this article, and, if already less than the minimum required by
this article, said area or dimension shall not be further reduced.
(5)
The provisions and restrictions contained in this
article shall not apply to or be binding upon the City of Margate.
(6)
This Chapter 175 shall be read in conjunction with City Code Chapter 145 (Flood Damage Prevention). Conflicting provisions between these two chapters related solely to flood prevention and related design and construction shall be resolved in favor of Chapter 145, as same may be amended from time to time.
[Added 1-31-2013 by Ord. No. 01-2013]
B.
Yard regulations.
(1)
Required yards.
(a)
Every lot shall include front, side and rear
yards having the areas and dimensions required within the particular
zone in which said lot is located.
(b)
No yard or other open space provided for any
building for the purpose of complying with the provisions of this
article shall be considered as providing a yard or other open space
for any other building on any other lot.
(c)
No land in a residential zone shall be used
to fulfill open space, minimum areas, minimum yard and setback requirements,
parking or other similar requirements for uses in nonresidential zones.
(2)
Front yards on corner lots. Where a lot is bounded
by more than one street and is a corner lot as defined in this chapter,
the front yard setback requirements for the zone shall be satisfied
with respect to each abutting street. All other yards shall be considered
side yards.
(3)
For
all beachfront lots containing a bulkhead, the southerly side of the
property, running generally parallel to Atlantic Avenue, shall be
considered a side yard, and the side yard setback shall be measured
from the outside face of the bulkhead sheeting.
[Added 5-5-2016 by Ord.
No. 09-2016]
C.
Projections and encroachments. Yards and courts required
by this article shall be free of buildings, structures or parts thereof,
except permitted accessory structures, and no building or structure
shall project into any front, side or rear yard required by this article,
nor shall use be made of such yard, except as follows:
(1)
Windowsills, cornices, bay windows and other architectural window treatments may project into the front, rear or larger side yard by no more than two feet, provided that the sum of all projections on any building facade, combined with any projected features from Subsection C(2) below shall not exceed 15% of the total area of that facade.
[Amended 4-3-2008 by Ord. No. 12-2008]
(2)
Chimneys and fireplaces may project into a rear or side yard by not more than two feet; provided, however, that no projection shall be permitted into a side yard of less than seven feet. The sum of all projections on any building facade by chimneys and flues combined with projected features from Subsection C(1) above shall not exceed 15% of the total area of that facade.
(4)
Stairs, canopies and awnings.
[Amended 1-31-2013 by Ord. No. 01-2013; 8-15-2013 by Ord. No.
17-2013]
(a)
Projections by stairs to the first floor (only) where not required pursuant to Subsection C(4)(b) below, canopies, and fixed or operational awnings shall be limited to five feet, but in the front yard they may not extend closer than two feet to the front property line.
(b)
Stairs, steps, ADA-compliant ramps and related elements providing
access to the first floor (only), where necessary to conform with
BFE lowest floor requirements, may project into any setback, up to
but in no case beyond the property line.
(5)
Balconies, single-story porches, second-story porches and decks of
any kind must meet the principal building setback standards, as set
forth in Schedule B-1,[1] under "Minimum front yard," except that stairs, steps, ADA-compliant ramps and related elements providing access to the first floor (only), where necessary to conform with BFE lowest floor requirements, may project into a yard in accordance with Subsection C(4) herein.
[Amended 1-31-2013 by Ord. No. 01-2013; 8-15-2013 by Ord. No.
17-2013; 8-7-2014 by Ord. No. 28-2014]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(6)
Wheelchair ramps shall not be subject to any yard
requirements.
(7)
There shall be no outdoor stairs providing access
to second stories in single-family zones, except that for all bay
front, canal front, lagoon front, and beach front lots, projections
by stairs are permitted only on the water side to extend to the second
floor level, but not above.
[Amended 5-5-2016 by Ord.
No. 09-2016]
(8)
Decorative masonry foundation walls up to the finished
first floor and projecting no more than four inches are permitted.
[Added 9-24-2006 by Ord. No. 2006-26; amended 10-4-2018 by Ord. No.
24-2018]
(9)
Roofs may project beyond a building wall, provided
no part of any roof shall be closer than three feet to any property
line; this includes the overhang plus any associated leaders, gutters
or other attachments.
[Added 4-3-2008 by Ord. No. 12-2008]
D.
Driveways.
[Added 9-24-2006 by Ord. No. 2006-26; amended 10-4-2018 by Ord. No.
24-2018]
(1)
On
corner lots: Driveways shall be required to be located on north-south
streets (i.e., generally parallel to Jerome Avenue) and a minimum
of 10 feet from the corner and one foot from any side lot line. Exceptions
to driveways being on north-south streets:
[Amended 1-16-2020 by Ord. No. 14-2019]
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Burk Avenue
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Marshall Avenue
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Lagoon Drive at Jerome Avenue
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Harbor Lane
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Wellington Avenue
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Amherst Avenue from North Argyle Avenue to Fredericksburg Avenue
| |||
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Oak Grove Avenue
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Dolphin Drive
| |||
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Salem Road
| |||
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Fremont Avenue from North Exeter Avenue to Fredericksburg Avenue
| |||
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Fremont Avenue from North Wilson Avenue to North Thurlow Avenue
| |||
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Fremont Avenue from North Rumson Avenue to North Pembroke Avenue
| |||
|
Fulton Avenue from North Union Avenue to North Thurlow Avenue
| |||
|
Fulton Avenue from North Rumson Avenue to North Pembroke Avenue
| |||
|
All streets that are one block or less in length (i.e., Brunswick
Drive, Colmar Circle)
| |||
(2)
Other
than corner lots: Driveways shall be set back a minimum of one foot
from the property line.
(3)
On
lots with alternate access (rear access): Driveways shall be located
on the rear access only.
(4)
Single
residential driveways shall be a maximum of 10 feet wide and limited
to one per lot. All lots less than 40 foot of frontage shall be limited
to one ten-foot-wide curb cut.
[Amended 1-16-2020 by Ord. No. 14-2019; 8-3-2023 by Ord. No. 10-2023]
(a)
All garage doors shall be a minimum of 18 feet from the right-of-way
line, intersecting property line or easement line.
(5)
Double
residential driveways shall be a maximum of 18 feet wide and must
be continuous with no gaps. Double wide (eighteen-foot-wide) driveways
shall only be permitted on lot frontage of 40 feet or greater.
[Amended 1-16-2020 by Ord. No. 14-2019; 8-3-2023 by Ord. No. 10-2023]
(a)
All garage doors shall be a minimum of 18 feet from the right-of-way
line, intersecting property line or easement line.
(6)
Ribbon
driveways:
(a)
Shall only be permitted on private property and between the back
of the sidewalk and property line within the right-of-way.
(b)
Each ribbon shall be two feet wide and separated by a three-foot
grass strip.
(c)
Shall be constructed of NJDOT Class “B” concrete a minimum
of six inches thick or concrete pavers specifically designed for use
with vehicles on a one-inch sand bedding on six inches of dense graded
aggregate base course (minimum) or six inches of NJDOT Class “B”
concrete (minimum).
(d)
May use artificial turf between the strips if area is constructed
on a twelve-inch-deep crushed stone based wrapped in filter fabric,
has a sand base and is pervious. The turf must be of high-grade material
with a minimum pile height of three inches. Artificial turf may only
be used within the driveway wheel strips. This turf will count as
landscaping by definition.
[Added 8-3-2023 by Ord.
No. 10-2023]
(e)
Alternately, porous pavers including travertine, with 1/2 inch
gaps on a stone and sand base will count as 50% credit for landscaping.
[Added 8-3-2023 by Ord.
No. 10-2023]
A.
Only one principal building may be erected on a lot
except for related buildings forming one principal use in accordance
with an approved plan and limited to the following:
A.
Appurtenances attached to principal structures other
than one- and two-family residential buildings. Church spires, belfries,
cupolas and similar architectural features, flues, penthouses (not
for human occupancy), chimneys, ventilators, skylights, water tanks,
bulkheads and necessary mechanical appurtenances usually carried above
roof level shall not be considered when determining the height of
the building and are not subject to height limitations, except that:
(1)
Such features shall not exceed a height of 10 feet
above the highest point of the roof.
(2)
Mechanical equipment shall be screened from public
view.
(3)
The aggregate area covered by all such features shall
not exceed 10% of the area of the roof measured in plan view.
(4)
The above features shall not be used for human occupancy.
B.
Chimneys attached to one- and two-family residential
buildings shall not extend five feet above the highest point of the
roof.
C.
Water towers and radio and television antennas which
are erected as freestanding structures may be erected to a height
which can be demonstrated to the Board as necessary to accomplish
their intended function. Federally licensed amateur radio facilities
shall be subject to Federal Communications Commission (FCC) rules
which govern the height of licensed amateur operator radio antennas.
The height of the tower or antennae shall conform with U.S. Federal
Communications Commission Regulations governing licensed amateur radio
operators and, if required, Federal Aviation Administration (FAA)
notification and FCC approval. All freestanding noncommercial accessory
structures shall not be located within any required front, side or
rear yard setback areas and shall be subject to the structural provisions
of the New Jersey Uniform Construction Code.
D.
Flagpoles may be affixed to a principal structure
with the uppermost component thereof not to exceed the maximum height
permitted for principal structures in the district. Flagpoles may
be attached to the side of principal structures or freestanding, no
more than five feet from a principal structure, with the uppermost
component thereof not to exceed the maximum height permitted for principal
structures in the district. Freestanding flagpoles which are greater
than five feet from a principal structure shall be permitted, provided
that the uppermost component thereof does not exceed the maximum height
for accessory structures in the district. Flagpoles must comply with
setback requirements for accessory structures in the district.
E.
Height exceptions for residential buildings.
[Added 1-31-2013 by Ord. No. 01-2013; amended 8-15-2013 by Ord. No.
17-2013]
(1)
Schedule B-1 (175 Attachment 4) provides, in pertinent part, for
specific building heights and roof pitch for residential buildings.
Such regulations are designed to provide for appropriate building
height and architecture based on required lowest floor elevations.
(2)
FEMA base flood elevations for the one-percent flood event increase
the minimum lowest floor elevation in certain parts of the City to
a point where it may no longer be possible to create proper crawl
spaces and still achieve the required height and/or roof pitch.
(3)
Until such time as this chapter is amended to conform with final
FIRM mapping and related regulations, determination of "minimum extent
necessary to achieve proper crawl space clearance" shall be made by
the Planning Board.
[Amended 10-4-2018 by Ord. No. 24-2018]
(4)
Elevator shafts may extend above the roof peak no more than two feet.
Elevator shafts shall be architecturally pleasing and shall not be
an extension of a room or inhabited space. Any roof on the elevator
shaft shall comply with minimum roof pitches.
[Added 11-2-2017 by Ord.
No. 17-2017]
(5)
Building heights in the S-25, S-30, S-40, S-40WF, S-50, S-60, S-60WF,
TF and MF Districts shall permit, for 30 feet of building height regardless
of plate height. Therefore, building heights of 30 feet shall be permitted
in all zones other than S-25( HD) measured from base flood elevation
plus four feet of freeboard or if parking below is provided, nine
feet from grade. Grade shall have allowances for drainage towards
the street.
[Added 11-2-2017 by Ord.
No. 17-2017; amended 10-4-2018 by Ord. No. 24-2018; 11-5-2020 by Ord. No. 12-2020]
(6)
The maximum allowable roof pitch is 14:12 and the minimum roof pitch
remains at 5:12. Dormer requirements and 1/2 story requirements remain
the same.
[Added 11-2-2017 by Ord.
No. 17-2017]
.tif.png) |
B.
The following requirements shall be complied with
in all residential zones:
(1)
No accessory building shall be used for human habitation.
(2)
Except as specifically permitted elsewhere in this
article, no accessory building or structure (except for detached garages)
shall exceed nine feet in height above adjacent finished grade.
[Amended 9-24-2006 by Ord. No. 2006-26]
(3)
No accessory building shall be located closer to a
right-of-way line than the principal building. On corner lots, accessory
buildings shall not be located closer to a street than the minimum
front yard requirements for the district.
(4)
A one-foot setback is required for an accessory building.
The setback shall be measured to the face of the building or any roof
overhang, whichever is closer to the property line. No encroachments
or drainage on adjacent properties are permitted.
[Amended 9-24-2006 by Ord. No. 2006-26; 10-4-2018 by Ord. No. 24-2018]
(5)
There shall not be more than two accessory buildings
on a lot; however, there shall not be more than one storage shed on
a single-family lot, nor more than two storage sheds on a duplex lot.
[Amended 4-3-2008 by Ord. No. 12-2008]
(6)
No accessory building in a residential district shall
have a floor area greater than 80 square feet.
(7)
Single-car detached garages shall be permitted in
all residential districts with the exception of waterfront properties
in the SF-60-WF and SF-40-WF Districts. Single-car and two-car garages
shall be permitted in the S-30 District (south of Atlantic Avenue),
S-40 District (south of Ventnor Avenue), S-60 District (abutting Ventnor
Avenue and south of Ventnor Avenue) and the MF District (west of Vendome
Avenue). Where parking is provided under the building, no detached
garages shall be permitted on the property. The following standards
shall apply.
[Amended 9-24-2006 by Ord. No. 2006-26; 4-3-2008 by Ord. No. 12-2008; 10-4-2018 by Ord. No. 24-2018]
(a)
A maximum size of 250 square feet for a single-car
garage; a maximum size of 450 square feet for a two-car garage.
(b)
A maximum height of 14 feet to the highest point
of the coping of a flat roof, or the highest gable of a pitched roof.
(c)
No flat roof; maximum eave height of nine feet
and a minimum roof pitch of 5 on 12.
(d)
A one-foot setback is required from the side
and rear property lines. The setback shall be measured to the face
of the building or any roof overhang, whichever is closer to the property
line. No encroachments or drainage on adjacent properties are permitted.
(e)
The garage shall not count in principal building
coverage unless the property utilizes the allowances for building
height to provide parking below the principal structure. Detached
garages will count as building coverage if parking is provided below
the principal structure.
(f)
Garages shall be located no further forward
than 26 feet from the rear lot line. The twenty-six-foot dimension
shall be measured from the rear lot line to the front wall of the
garage.
[Amended 5-5-2016 by Ord.
No. 09-2016]
(g)
No garage wall shall be closer than three feet
to any adjacent principal structure on the same lot.
C.
The following requirements shall be complied with
in all nonresidential zones:
(1)
Except as specifically permitted elsewhere in this
article, no accessory building or structure shall exceed eight feet
or be more than one story in height above adjacent finished grade.
(2)
No accessory building or structure shall be permitted
in any front yard.
(3)
Accessory buildings shall be set back a minimum of
five feet from the rear lot line and four feet to a side lot line.
D.
Requirements for specific accessory structures and
uses.
(1)
Home occupations. Home occupations shall be permitted
as accessory uses in all single-family residential zones and shall
be exempt from approval by the Planning Board or Zoning Board of Adjustment
if the following standards are satisfied. A zoning permit is required.
(a)
The practitioner must be the owner of the residence
in which the home occupation is contained.
(b)
The practitioner must reside in the home.
(c)
There are no nonresident employees working on
the premises.
(d)
There is no external evidence of the home occupation.
(e)
There are no retail sales or direct customer
services conducted on the site.
(f)
No clients will visit the site.
(g)
There is no sign identifying the home occupation,
and there is no identification of such home occupation upon any mailbox.
(h)
There are no delivery vehicles other than those
associated with the residential use on site.
(i)
The home occupation is clearly incidental and
subordinate to the principal use of the dwelling for residential purposes.
The maximum area devoted to the home occupation shall be limited to
not more than 25% of the total area of the floor where located, excluding
space used for a private garage or 400 square feet, whichever is smaller.
(j)
No equipment or process shall be used in such
home occupation which creates noise, glare, fumes, odors, electrical
interference, medical waste or other nuisance factors detectable to
the normal sense or to radio, telephone or television equipment off
the lot.
(2)
Outdoor storage. Outdoor storage of any kind is prohibited
within the front yard or in a side yard adjoining a street.
(3)
Decks and patios.
[Amended 9-18-2008 by Ord. No. 36-2008; 12-3-2009 by Ord. No. 32-2009; 5-5-2016 by Ord. No. 09-2016]
(a)
All lots.
[1]
Decks and patios 10 inches or less above existing, preconstruction
grade may be located anywhere in the rear yard and side yards.
[2]
Decks and patios and stairs above 10 inches and up to 18 inches
above existing, preconstruction grade shall be set back a minimum
of three feet from the property line in the rear yard and side yard.
(b)
All nonwaterfront and nonbeachfront lots:
[1]
Decks and patios over 18 inches above existing, preconstruction
grade must meet the required yard setbacks for principal buildings.
(c)
All lots on Beach Thoroughfare, Orient Canal, Sunset Canal and
Bayshore Lagoon:
[1]
Decks and patios located in the rear yard are permitted at one
foot eight inches above base flood elevation, per FEMA FIRM map dated
May 30, 2014, or any more current update of this mapping.
[2]
Decks may extend waterward of the bulkhead with NJDEP approval.
[3]
Decks above 18 inches from existing adjacent grade are not permitted
within the rear yard where the projected side yards and rear yards
would coexist:
[Added 10-6-2016 by Ord.
No. 23-2016]
[4]
No rear yard decks above 18 inches from existing adjacent grade
shall be permitted beyond the building envelope into any projected
side yard.
[Added 10-6-2016 by Ord.
No. 23-2016]
[5]
Steps required to access the rear-yard decks are permitted to
encroach within the projected side yard. One four-foot-by-four-foot
landing is permitted to change direction on one side only.
[Added 10-6-2016 by Ord.
No. 23-2016]
[6]
Side yards shall be unoccupied and unobstructed from the ground
upward, except as may be permitted elsewhere in this chapter.
[Added 10-6-2016 by Ord.
No. 23-2016]
(d)
All beachfront lots:
[1]
Decks and patios located in the beachfront side yard are permitted
at one foot eight inches above base flood elevation, as shown on FEMA
Preliminary FIRM Maps dated May 30, 2014, or any more current update
of this mapping.
[2]
Decks, patios and stairs over 18 inches above existing, preconstruction
grade must meet the required rear yard setbacks for principal buildings.
(e)
All lots oceanward of Atlantic Avenue.
[Added 10-4-2018 by Ord.
No. 24-2018[1]]
[1]
Third-floor decks shall be permitted.
[2]
All beachfront lots may have third floor decks facing the beach or
water that will not be required to be located within the building
setbacks but shall comply with the setbacks for decks.
[Added 11-5-2020 by Ord. No. 12-2020]
[1]
Editor's Note: This ordinance also redesignated former Subsection
D(3)(e) as Subsection D(3)(f).
(f)
[2]General design standards.
[1]
Fill is permitted, provided that stormwater runoff will not
be directed to adjacent properties or that the flow of stormwater
runoff from adjacent properties will not be impeded.
[2]
Fill will be permitted to a maximum height of the bulkhead and
may be sloped from the building to the bulkhead at a 1/4 inch per
foot (2.08%), unless otherwise required by the New Jersey Uniform
Construction Code.
[3]
All decks and patios at or below finished floor elevations shall
allow penetration of water.
[4]
The following shall be permitted: decks with spacing between
boards and no impervious surface below; brick pavers laid in sand
or stone dust with no impervious layer below.
[5]
Bituminous concrete and monolithically poured concrete patios
are prohibited.
[2]
Editor's Note: Former Subsection D(3)(f), Approval of new
homes, major home renovations, decks in the side or rear yard and
bulkheads on the Inside Thoroughfare, Orient Canal, Sunset Canal and
Bayshore Lagoon, was repealed 10-4-2018 by Ord. No. 24-2018.
(g)
The application for the permit for new homes, major home renovations,
decks and grade changes in the rear or side yard and bulkheads on
the Inside Thoroughfare, Orient Canal, Sunset Canal and Bayshore Lagoon
shall be accompanied by a plot plan, containing at a minimum the following
information:
[1]
The lot dimensions based upon survey information.
[2]
The location of all existing and proposed structures on the
property in question.
[3]
Existing and proposed elevations, including finished floor elevation
of the building, deck elevations and bulkhead elevations.
[4]
Locations of structures on adjacent properties within 20 feet
of the common property line.
[5]
The finished floor elevation of the existing adjacent buildings.
[6]
Existing elevations on the adjacent bulkheads and decks and
existing grades where no decks exist and existing grades beneath existing
decks.
[7]
All elevations are to be referenced to NAVD 1988.
(h)
As-built plans shall be required to be submitted to the City
Engineer for review for new homes, major home renovations, decks and
grade changes in the rear or side yard and bulkheads on the Inside
Thoroughfare, Orient Canal, Sunset Canal and Bayshore Lagoon at the
completion of construction in order to determine compliance with this
section.
(4)
Outdoor showers.
[Amended 10-4-2012 by Ord. No. 16-2012]
(a)
Outdoor showers shall be a permitted accessory use in all residential
zones.
(b)
"Shower" shall be defined as consisting of a plumbing fixture
containing a shower head to which water flows with a cold and/or hot
water hookup for the purpose of rinsing.
(c)
All showers shall have drainage. Runoff from showers shall not
be permitted to discharge to adjacent properties.
[Amended 10-4-2018 by Ord. No. 24-2018]
(d)
All showers and enclosures may be no greater than 9.0 feet in
height as measured from the ground nor greater than 32 square feet
in area.
[Amended 10-4-2018 by Ord. No. 24-2018]
(e)
A shower enclosure shall be no closer than 3.0 feet to the side
and rear lot boundary line.
(f)
No shower enclosure shall be situate in the front of the principal
structure or in the front yard.
[Amended 10-4-2018 by Ord. No. 24-2018]
(5)
Swimming pools/hot tubs/spas.
(a)
Only one pool and one hot tub/spa shall be permitted
per single-family residence.
(b)
The water edge of the pool and hot tub/spa shall be a minimum of
six feet from the side and rear lot lines and shall not be located
in the front yard if the hot tub/spa are one unit with the pool. Above
grade hot tubs and spas with locking lids where not connected to a
swimming pool may be setback three feet from a property line and may
have two of the four sides against the principal or accessory structure
such as a garage or shed.
[Amended 2-5-2015 by Ord.
No. 01-2015; 11-5-2020 by Ord. No. 12-2020]
(c)
No fencing shall be located in the front yard.
(d)
Machinery shall be housed in a noise-reducing
structure and shall be set back at least five feet from the rear and
10 feet from the side property line. Pool equipment/machinery may
be mounted within a detached garage and not be required to meet the
setback requirements, provided that the parking space is maintained
and the construction meets or exceeds all construction code requirements.
The garage shall be considered a noise-reducing structure.
[Amended 11-16-2017 by Ord. No. 18-2017]
(e)
All private swimming pools shall only be located
in a side or rear yard.
(f)
On any corner lot, no part of any private swimming
pool shall be constructed within the front yard area required to be
provided on either street.
(g)
Artificial lights used or maintained in connection
with a private swimming pool shall be so located and shielded that
the illumination is not directed upon any adjacent property.
(h)
No private swimming pool shall be used other
than as an accessory use of the premises whereon it is located.
(i)
Any buildings or structures erected in conjunction
with a swimming pool shall comply with the provisions of accessory
structures.
(j)
Private swimming pools and hot tubs/spas intended
for use of building residents, provided that adequate fencing, with
lock, shall be utilized to prevent unauthorized use and to prevent
danger to neighborhood children. Such fencing shall surround the pool
and hot tub/spa itself, the yard in which it is located or the entire
property. The precise location of the fence shall be approved, prior
to issuance of a building permit, by the Zoning Officer, based on
satisfaction of the safety purposes of the fence as well as minimizing
the visual impact of the fence on surrounding neighbors and from the
street. In making this determination, the Zoning Officer may consider
a legal principal or accessory building as part of the total enclosure
of the pool area.
[Amended 12-3-2009 by Ord. No. 32-2009]
(k)
Swimming pools and hot tubs/spas as permitted
herein must be located on the lot in such a way that no part of the
fence required to surround it shall be located nearer the front lot
line than the front setback requirement for principal structures established
for the district or 10 feet, whichever is greater. All swimming pools
shall maintain a minimum three-foot clearance from the water’s
edge outward from the pool to any vertical structure at or above grade.
[Amended 11-16-2017 by Ord. No. 18-2017]
(l)
The fence surrounding swimming pools and hot
tubs/spas shall be no less than five feet and no more than six feet
above finished grade. The fence must be structurally suitable to deter
access to the pool, having no openings, holes or gaps larger than
four inches in any direction, including gates, and designed so as
not to permit an easy toehold to climb over it. The fence shall be
constructed of weather-resistive materials and shall be assembled
or fabricated with sufficient rigidity to prevent substantial alteration
or deformation of the lawful openings, holes or gaps.
[Amended 9-24-2006 by Ord. No. 2006-26; 2-5-2015 by Ord. No. 01-2015; 11-16-2017 by Ord.
No. 18-2017]
(m)
All outdoor gates or doors opening through the
fence enclosure shall be equipped with a self-closing and self-latching
device designed to keep and capable of keeping such door or gate securely
closed at all times when not in actual use, and such outdoor gates
or doors shall remain locked at all times the pool or hot tub/spa
is not in use.
(n)
The sides of a pool or hot tub/spa constructed
above or partly above grade level shall be considered in satisfaction
of the fencing requirement herein only with the approval of the Construction
Code Official who shall make such determination based on safety consideration
and aesthetics.
(o)
In the construction of any pool and hot tub/spa
and surrounding site work, whether said pool and hot tub/spa is in
or above the ground, the elevation of the site may not be changed
without approval of the Construction Code Official, who will confer
with the City Engineer in making the decision to determine that the
proposed elevation change is not detrimental to the adjoining properties
or to the public right-of-way with regard to acceptable engineering
standards for water runoff and drainage or with regard to land use
impact on neighboring properties.
(p)
For beachfront and bayfront properties, no setback is required to
the bulkhead.
[Added 5-5-2016 by Ord.
No. 09-2016]
(6)
Air conditioning compressors and standby emergency
generators.
[Amended 10-4-2018 by Ord. No. 24-2018]
(7)
Restricted vehicle use.
(a)
Restricted vehicles hereinafter defined shall
be prohibited from parking on private or public property in order
to carry out the objectives of the Master Plan of the City of Margate
City, specifically, to maximize the amount of on-street parking available
to lessen congestion in the streets; to provide adequate air, light,
circulation and open space on public and private properties; to provide
for the maximum possible enhancement and preservation of the visual
and aesthetic quality of the environment; and to regulate the temporary
overcoverage of lot area and misuse of side areas and other open spaces
in violation of the objectives of the Master Plan.
(b)
Restricted vehicles defined. A "restricted vehicle"
is defined as any motor vehicle which exceeds 850 cubic feet in size,
measured as follows:
(c)
Regulation of restricted vehicles. All restricted
vehicles shall be prohibited from parking anywhere in Margate City
on private property, public property or public rights-of-way, at any
time, except as follows:
[1]
Any restricted vehicle may be serviced at a
legal service station, so long as said vehicle does not obstruct access
by other vehicles into or within the site nor sight lines along streets
and at intersections. All parts of restricted vehicles being serviced
must be off of the public right-of-way. There shall be a limitation
of outdoor storage at service stations of 72 hours. Restricted vehicles
may be parked in said service station only for servicing.
[2]
Any restricted vehicle shall be permitted to
be parked within a legal, totally enclosed garage structure.
[3]
Restricted vehicles providing delivery of goods
or services may be parked in legal parking spaces only for the purpose
of providing the service or delivery of goods and only as long as
is necessary to complete the delivery. This would include the parking
of vehicles of local business establishments during the normal business
day on the street in a legal space during the course of the normal
business day in accordance with time restrictions established by the
City.
[4]
After business hours, restricted vehicles associated
with a particular legal commercial business establishment in the commercial
district of the City may park off of the street in a legal off-street
parking space of the particular business establishment to which the
vehicle belongs.
[5]
Public bus company vehicles are excepted from
the restrictions hereof within legal turnaround areas and waiting
zones.
[6]
Charter buses may pick up and discharge passengers,
but in so doing may remain on a public street no more than one hour
and may run a motor no more than 15 minutes. Pickup and discharge
areas shall be only those areas where designated by the Margate City
Police Department.
[7]
Police, fire and other municipal vehicles, as
well as county, state and federal vehicles and vehicles of other public
bodies and utility companies, shall be exempted from the restrictions
hereof, provided that they are fulfilling legitimate governmental
or public functions.
[8]
Construction vehicles and construction trailers
shall be exempted from the restrictions hereof with written permission
of the Zoning Officer or during daylight hours if operating at a job
site.
[Amended 12-3-2009 by Ord. No. 32-2009]
[9]
Any restricted vehicle may park on the public
street near the home of the owner for no more than one hour in any
twenty-four-hour period to remove money or for personal reasons but
not for repair, changing oil, cleaning, washing, waxing or servicing
said vehicle.
[10]
Recreational vehicles, campers,
house trailers and mobile homes shall be permitted in legal on-street
parking areas between the hours of 6:00 a.m. and 10:00 p.m.
(d)
Approval of curb cuts and driveways. No curb
cut, driveway or other construction permitting the crossing of a sidewalk,
pedestrian way or passage from a cartway onto any private property
by a motor vehicle, motorcycle or self-propelled vehicle shall be
permitted without first receiving written approval from each of the
following City officials: the City Engineer, Building Inspector, Fire
Chief and Police Chief. If any of the officials denies the application,
no permit shall be issued. Appeals from a decision may be taken in
accordance with N.J.S.A. 40:55D-70a.
[1]
Criteria to be used by the officials in making
a decision shall include, but not be limited to, public safety; pedestrian
and traffic safety; public nuisances, drainage and runoff problems
on the site, the sidewalk, the cartway or neighboring property; interference
with public utilities or transit; noise; fire safety; and administrative
issues that are particular to the responsibilities of the officials.
[2]
Where a building permit will be issued without
Zoning Board or Planning Board action, a permit for a curb cut/driveway
shall be required in conjunction with the application for the building
permit.
[3]
Where Zoning or Planning Board approval is necessary
for the issuance of a building permit, a curb cut/driveway permit
must also be obtained. Failure to obtain a curb cut/driveway permit
will void any of the Board approvals.
[4]
The application of this section includes all
curb cut driveways not in use at the time of this chapter.
[5]
Excluded from these requirements are single-family
homes and duplex homes.
[6]
Trailers, mobile homes and recreational vehicles:
[a]
Trailers, mobile homes, recreational
vehicles and campers and similar forms of temporary and portable residency
shall not be permitted to be stored out of doors anywhere in the City
of Margate City due to the clear danger to life and property by virtue
of potential stormwater impact, high winds and other elements of storms
and floods. This provision is in accordance with 1985 reports of the
New Jersey Department of Environmental Protection.
[b]
No trailer, mobile home, recreational
vehicle or camper, etc. shall be permitted anywhere in Margate City
for the purpose of office space, commercial space, dwelling space
or storage of supplies and materials.
[c]
Trailer courts or parks for residential
or commercial activities are prohibited.
[d]
Contractors, trailers and equipment
and portable toilets shall be permitted on construction sites for
storage of construction equipment and for use as field offices only.
The trailer and/or equipment may be placed on the site no earlier
than the date a building permit is issued and must be removed before
the certificate of occupancy is issued. In the event that the building
permit is voided, canceled or in any way declared invalid, the trailer,
equipment, etc., must be removed immediately. In addition, an application
and permit must be obtained from the Construction Code Official for
placement of the items for a period not to exceed six months. If equipment,
etc., is to be placed in a public right-of-way, an additional permit
from the Police Department must be obtained.
(8)
Parking and storage of motor vehicles.
(a)
The outside storage of any vehicle which is
unregistered, inoperable or dismantled shall be prohibited in any
zone in the City of Margate City unless approval is obtained from
the office of the Police Department. A motor vehicle shall be deemed
to be stored if it has been on the property for a time period of at
least 10 days. The approval by the Police Department shall be given
only if it is for repairs of a resident, registered vehicle and not
done in conjunction with a business venture.
(b)
No motor vehicle which is on blocks, car campers
or any type of lifting device shall be left unattended unless housed
within a secure garage or a secure fenced area.
(c)
No motor vehicle shall be stored on any surface
which is not paved, graveled or stoned unless parked a minimum of
10 feet from any property line.
(9)
Family day-care homes. Family day-care homes are permitted
as accessory uses pursuant to statute in all single-family residential
zones.
(10)
Dish antennas.
(a)
A dish antenna shall not be installed as a sole
structure on a lot and shall not be a permitted principal use or structure
in any district in Margate City.
(b)
Dish antennas, when located on the lot not attached
to any building, shall be so installed that the portion of the antenna's
dish closest to the ground may not exceed two feet from the ground
upon which the dish antenna sits. The highest portion of such ground-mounted
antennas or related structural elements of functional or other components
and appurtenances shall not be more than 10 feet above the grade immediately
surrounding the construction.
(c)
The dish portion of a dish antenna shall not
exceed the minimum diameter necessary to properly function.
(d)
Dish antennas mounted on the roof of principal
structures shall be so isolated that the highest portion of the dish
antenna or related structural elements or functional or other components
and appurtenances shall not exceed the maximum height for principal
structures in the district. In addition, the maximum elevation of
the dish antenna or components thereof shall not exceed 10 feet above
the existing roofline, provided that said elevation does not exceed
the height limitation of the district.
(e)
Dish antennas shall not be permitted to be mounted
on accessory structures.
(f)
Dish antennas must comply with all setback requirements
of the district in which they are located.
(g)
No dish antenna shall be installed such that
it is closer than 2 1/2 times the diameter of the dish portion
of the antenna to any window of any neighboring residential structure.
(h)
No dish antenna shall be located within the
front yard setback of any property.
(i)
If a usable signal is obtainable, a dish antenna
shall be located in the rear of a structure on a property. If a usable
signal cannot be obtained from such rear location, the dish antenna
may be located on the side of a structure on a property. If a usable
signal cannot be obtained from the rear or side locations, it may
be placed on the roof of the structure.
(j)
Regardless of location, dish antennas shall
be installed only after issuance of a building permit.
(k)
Not more than one dish antenna shall be permitted
on any lot in Margate City.
(l)
Antennas shall meet all manufacturer's specifications,
be of noncombustible and corrosion-resistant material and be erected
in a secure, wind-resistant manner to the satisfaction of the City's
Construction Code Official. Every antenna must be adequately grounded
for protection against lightning.
(m)
In all districts in Margate City, dish antennas
shall be located and designed to reduce visual impact from surrounding
properties at street level, from public streets and from windows,
porches, decks and grounds of nearby houses.
(n)
Dish antennas placed at ground level shall be
screened from adjacent roads and structures by an evergreen buffer,
six feet in height at the time of planting, which shall be maintained
at all times in such a way as to screen at least 75% of the visibility
of the dish antenna.
(11)
Outdoor fire pits and fireplaces.
[Added 10-4-2018 by Ord.
No. 24-2018]
(a)
Fire pits or other similar devices are authorized within the single-family
residential districts, subject to the restrictions set forth in this
chapter. For the purpose of this chapter, a fire pit shall be considered
as any outdoor fireplace unit built after obtaining permits and approvals
pursuant to the Uniform Construction Code.[3]
(b)
All such wood-burning fireplaces or fire pits as set forth above
shall be no larger than three feet in diameter and two feet in height
and are required to have an approved screen or spark arrestor.
[Amended 8-3-2023 by Ord. No. 10-2023]
(c)
Such fireplaces or fire pits may only be used at residential properties
containing two or fewer units and are prohibited from being used at
any commercial establishment or for any commercial use or at any multifamily
dwelling in excess of two units.
(d)
All such devices shall be kept at ground level and must be placed
upon a noncombustible surface such as brick, masonry or concrete.
No such devices shall be permitted on any type of elevated landing,
surface, deck, stairway, roof or other elevated platform or portion
of a structure.
(e)
Said wood-burning devices are prohibited from being used within 15
feet of any structure, natural gas structures shall be set back a
minimum of five feet or whichever the Fire Marshal permits, including
but not limited to homes, garages, sheds, showers or other such structures.
[Amended 8-3-2023 by Ord. No. 10-2023]
(f)
Such wood-burning devices are prohibited from being used within five
feet of any other combustible surface, including, but not limited
to, bushes, fences, pools, plants, shrubs, houses used for feeding
of sheltering animals or other combustible surfaces.
[Amended 8-3-2023 by Ord. No. 10-2023]
(g)
Said wood-burning devices are prohibited from being used underneath
any cave, overhang, roof, wires, tree limbs, vegetation, gutter, downspouts
or decks.
[Amended 8-3-2023 by Ord. No. 10-2023]
(h)
No wood-burning fireplace or fire pit shall be used other than during
the hours between 9:00 a.m. and 12:00 midnight.
[Amended 8-3-2023 by Ord. No. 10-2023]
(i)
No wood-burning fireplace or fire pit shall be used for cooking.
[Amended 8-3-2023 by Ord. No. 10-2023]
A.
Child-care centers. Child-care centers are permitted
uses in all nonresidential zones. The floor area occupied in any building
or structure as a child-care center shall be excluded in calculating
any parking requirement otherwise applicable to that number of units
or amount of floor space, as appropriate, under state or local laws
or regulations adopted thereunder and the permitted density allowable
for that building or structure. New buildings shall comply with City
parking standards.
B.
Essential services. Public utility lines for the transportation,
distribution and/or control of water, electricity, gas, oil, and telephone
communications, and their supporting members, other than buildings
and structures, including pipes, shall not be required to be located
on a lot, nor shall this chapter be interpreted to prohibit the use
of a property in any zone for the above uses. For purposes of this
provision, wireless communications facilities shall not be deemed
an essential service.
C.
Temporary offices. Trailers or mobile structures used
as temporary offices, workshops or for the storage of equipment and
materials in connection with permitted construction of new buildings
or structures, may be temporarily permitted on the same site during
the actual period of construction. The construction official shall
issue a temporary permit. Such structure shall not be located so as
to be detrimental to any adjoining property and shall be removed from
the site prior to the issuance of a certificate of occupancy for the
permitted construction project or building.
D.
Community residences. Community residences for persons
with developmental disabilities, community shelters for victims of
domestic violence, community residences for persons with terminal
illnesses, community residences for persons with head injuries, and
adult family care homes for persons who are elderly and adults with
physical disabilities shall be a permitted use in all residential
districts, and the requirements shall be the same as for single-family
dwelling units located within such districts.
[Amended 10-4-2018 by Ord. No. 24-2018]
A.
Houses of worship. Houses of worship, as defined in
this chapter, may be located, when approved as conditional uses, in
the zones as specified in Schedule A,[1] subject to the following:
(1)
The property on which the structure or building is
to be constructed or the activities conducted must contain a minimum
of 20,000 square feet.
(2)
No building shall be closer than 15 feet to the side
or rear line of any adjacent property. These 15 feet shall be considered
as a buffer strip and shall be landscaped in accordance with the standards
set forth in this article.
(3)
No building or structure shall be closer than 20 feet
to any front street property line nor less than 25 feet from any other
structure. Except as permitted in this article, no building or structure
shall be higher than 2 1/2 stores and 34 feet above curb or 30
feet above finished first floor, whichever is greater.
(4)
No parking shall be permitted between the front building
line and the street right-of-way.
(5)
Parking must be provided on site as required by this
chapter.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.
Schools.
(1)
Principal and accessory buildings shall not exceed
30% coverage.
(2)
The height shall not exceed 34 feet above curb or
30 feet above finished first floor, whichever is greater.
(3)
No principal or accessory building shall be erected
nearer than a distance equal to three times the height at the highest
point of such existing or proposed structures to any adjacent property
line.
(4)
Off-street parking shall be satisfied in accordance
with this article.
A.
Minimum required off-street parking schedule for nonresidential
uses. The number of off-street parking spaces required for any nonresidential
use shall be determined by reference to Parking Schedule I below.
No on-site parking shall be required for existing nonresidential floor
area within the Central Business District (CBD), C-1, C-2, Waterfront
Special District (WSD) and Riparian (R) Zones; however, existing parking
must be maintained. Parking for residential conversions and all building
additions, however, shall be provided on site in the CBD, C-1, C-2,
Waterfront Special District (WSD) and Riparian (R) Zones.
[Amended 10-4-2018 by Ord. No. 24-2018]
(1)
Combined uses. In the case of a combination of uses,
the off-street parking requirement shall consist of the sum of the
spaces required for each individual use unless it can be demonstrated
that shared parking would permit modification. In cases of residential
units on upper stories of commercial buildings, the garden apartment
standards in RSIS shall apply.
(2)
Fractional spaces. Whenever the application of Parking
Schedule I standards results in the requirements of a major fraction
of a space of 0.5 or more, a full space shall be required.
B.
Off-street loading spaces shall be required at the
discretion of the Board with location and dimensions to be determined
by the Board.
|
Parking Schedule I
Parking Requirements for Nonresidential
Uses1
| |||
|---|---|---|---|
|
Use
|
Required Parking Spaces
| ||
|
Bar, nightclub
|
1 per 10 occupants at capacity
| ||
|
Banks and financial institutions
|
1 for each 300 square feet of building area
or 5 spaces per teller, whichever is greater
| ||
|
Office, dental or medical
|
1 per 200 square feet of building area
| ||
|
Office, other
|
1 per 300 square feet of building area
| ||
|
Houses of worship; community buildings; social
halls and places of indoor public assembly
|
1 for each 3 seats (60 inches of seating). Where
the specific amount of seating is undetermined, then 1 parking space
shall be required for each 75 square feet of assemblage area
| ||
|
Restaurant2
|
1 for each 5 seats
| ||
|
Retail sales and service uses not separately
listed3
|
1 per 200 square feet of building area
| ||
|
Real estate office
|
1 per 200 square feet of building area
| ||
|
Educational facility:
| |||
|
Elementary and intermediate school
|
1 per employee
| ||
|
Secondary School
|
1 per employee plus 1 per each 5 students in
grades 11 and 12
| ||
|
Post-secondary and other educational facility
|
2 per each 3 full-time students and 1 for each
5 part-time students
| ||
|
Marinas
|
0.5 unobstructed spaces for each boat docking
space in the marina
| ||
|
Marine service facilities and waterfront recreational
uses
|
1 per 175 feet of space, inside or outside of
buildings, utilized for commercial activity; outside space shall not
include accessways and circulation areas
| ||
|
NOTES:
1 New or expanded
portion of existing building/use.
2 Take-out components
of restaurants shall add one additional space for each 25 square feet
of take-out service area.
3 Retail uses such
as delis, bakeries and coffee shops with on-site seating shall add
one additional space for every three seats.
|
C.
Minimum required off-street parking schedule for residential
uses. The number of off-street parking spaces required for residential
uses shall be determined pursuant to N.J.A.C. 5:21, as amended, and
by reference to Parking Schedule II below.
|
Parking Schedule II
Parking Requirements for Residential Land
Uses
| |||
|---|---|---|---|
|
Housing Unit Type/Size
|
Parking Requirement
(spaces)
| ||
|
Single-family detached
| |||
|
2 bedroom
|
1.5
| ||
|
3 bedroom
|
2.0
| ||
|
4 bedroom
|
2.5
| ||
|
5 bedroom
|
3.0
| ||
|
6 bedroom
|
4.0
| ||
|
Two-family (duplex)
|
Single-family detached values shall apply to
each unit
| ||
|
Garden apartment
| |||
|
1 bedroom
|
1.8
| ||
|
2 bedroom
|
2.0
| ||
|
3 bedroom
|
2.1
| ||
|
4 bedroom
|
3.0
| ||
|
Townhouse
| |||
|
1 bedroom
|
1.8
| ||
|
2 bedroom
|
2.3
| ||
|
3 bedroom
|
2.4
| ||
|
4 bedroom
|
3.0
| ||
|
High-rise
| |||
|
1 bedroom
|
0.8
| ||
|
2 bedroom
|
1.3
| ||
|
3 bedroom
|
1.9
| ||
|
Retirement community
|
Values shall be commensurate with the most appropriate
housing unit type and size noted above that the retirement community
resembles
| ||
|
Recreational homes (owner-occupied)
|
Values shall be commensurate with the most appropriate
housing type and size noted above that the recreational homes (owner-occupied)
resemble
| ||
|
Mid-rise apartment
|
Garden apartment values shall apply
| ||
|
Assisted living
|
0.5
| ||
(1)
A one-car garage and driveway combination shall count
as two off-street parking spaces, provided the driveway measures a
minimum of 18 feet in length between the face of the garage door and
the right-of-way. A two-car garage and driveway combination shall
count as 3.5 off-street parking spaces, provided the driveway measures
a minimum of 18 feet in length between the face of the garage door
and the right-of-way.
(2)
When housing is included in mixed-use development,
a shared parking approach to the provision of parking may be permitted.
(3)
The minimum dimension of a parking space shall be
nine feet by 18 feet.
(4)
For projects containing dwelling units required by
the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C.
5:23-7) to be accessible, parking spaces for people with disabilities
shall be provided in accordance with the requirements of the Barrier
Free Subcode and shall be considered part of the total number of required
spaces.
A.
Continuance of existing nonconforming uses and structures.
Any nonconforming use or structure which lawfully existed at the time
of the passage of this article may be continued, and any existing
legally nonconforming building or structure may be reconstructed or
structurally altered, but only in accordance with the requirements
of this article.
B.
Discontinuance of abandoned nonconforming uses. Any
nonconforming use which has not been used for a continuous period
of one year or more shall not thereafter be revived.
C.
Alteration, extension or enlargement of nonconforming
use or structure.
[Amended 1-31-2013 by Ord. No. 01-2013]
(1)
A nonconforming use of any building, structure or land shall not
be increased, enlarged, extended or changed in any manner whatsoever.
(2)
No building in which a nonconforming use exists shall be enlarged,
extended or structurally altered in any manner; provided, however,
that:
(a)
Nothing herein shall prevent the repair and maintenance of any
building wherein there exists a nonconforming use, provided that such
maintenance and repair does not in any way constitute or result in
a further extension of a nonconforming use.
(b)
Minor alterations and improvements which do not constitute or
require structural changes may be made in or to a building wherein
a nonconforming use exists, provided that such nonconforming use will
not be increased, extended or enlarged thereby.
(c)
Nothing herein shall prevent the strengthening or restoration
to a safe and lawful condition of any part of any building which is
nonconforming.
(d)
The provisions of this Subsection C(2) notwithstanding, structural alterations intended solely to conform with BFE-related changes in minimum lowest floor elevation shall not be considered an expansion of a nonconforming use or structure and shall therefore be permitted without variance relief.
[Amended 8-15-2013 by Ord. No. 17-2013]
(3)
Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this article, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure, except that structural alterations intended solely to conform with BFE-related changes in minimum lowest floor elevation, stairs, steps, ADA-compliant ramps and related elements providing access to the first floor pursuant to § 175-30C(4) and (6), minimum landscaping requirements pursuant to § 175-26D(1) and (4) and building height and roof pitch exceptions pursuant to § 175-32E and Schedule B-1 (175 Attachment 4) shall not be considered an expansion of a nonconforming use or structure and shall therefore be permitted without variance relief under N.J.S.A. 55d-70d(2).
[Amended 8-15-2013 by Ord. No. 17-2013]
(4)
A nonconforming use changed or altered to a conforming
use may not thereafter be changed back to a nonconforming use.
D.
Restoration of existing building or structures nonconforming
because of use. Whenever a building or structure is nonconforming
by reason of its use, such building or structure may be restored or
repaired in the event of partial destruction thereof.
[Amended 11-20-2012 by Ord. No. 20-2012; 4-4-2013 by Ord. No.
08-2013]
E.
Restoration of existing buildings or structures nonconforming
for reasons other than use. Whenever a building is nonconforming because
it fails to comply with any height, area, yard, off-street parking
or other like requirements of this article, other than use, and such
building is partially destroyed, such building may be restored to
its prior condition; provided, however, that such restoration shall
not enlarge the previously existing nonconformance.
[Amended 11-20-2012 by Ord. No. 20-2012; 4-4-2013 by Ord. No.
08-2013]
F.
Nonconforming improved lot. When an improved lot in
a residential zone exists as a separate isolated lot under separate
ownership and does not adjoin any vacant land or vacant lot of the
same owner, and which said improved lot is nonconforming due to size,
shape, area or setback, any existing residential building or structure
on the lot may be further improved, provided that:
[Amended 1-31-2013 by Ord. No. 01-2013]
(1)
The number of dwelling units shall not be increased even if such
increased number of dwelling units is allowed in the zone, unless
approved by the Planning Board.
(2)
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming, including any vertical additions of any type, except that construction of stairs, steps, ADA-compliant ramps and related elements providing access to the first floor may project into setbacks in accordance with § 175-30C(4) and (6) herein, and further except that the building height / roof pitch exceptions of § 175-32 E and Schedule B-1 (175 Attachment 4) shall be permitted without variance relief.
[Amended 8-15-2013 by Ord. No. 17-2013]
(3)
Any existing and proposed improvement on the nonconforming
improved lot shall not exceed the percentage of maximum building coverage
set forth in Schedule B.[1]
[1]
Editor's Note: Schedule B, containing schedules of standards, is included as an attachment to this chapter.
(4)
The Construction Official of the City of Margate is
hereby authorized and empowered to issue any necessary construction
permits in accordance with the provisions of this subsection.
(5)
Nonconforming unimproved lot. Notwithstanding any
other provisions of this article, any isolated, undersized lot of
40 feet or more in width may be developed with a single-family home
without the need for a variance, provided that the building coverage,
building height and all yard requirements are met.
