Borough of Oceanport, NJ
Monmouth County
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Table of Contents
Table of Contents
[Amended 12-16-1999 by Ord. No. 725]
Special exception uses, as enumerated in Schedule I,[1] shall be permitted only upon authorization by the Planning Board, provided that such uses shall be found by the Planning Board to comply with the following requirements and other applicable requirements as set forth in this chapter. Applications for special exception uses shall be made upon forms provided by the Zoning Officer.
A. 
That the use is a permitted special use as set forth in Schedule I hereof.
B. 
That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.
C. 
That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
D. 
That the use will be compatible with adjoining development and the proposed character of the zone district where it is to be located.
E. 
That adequate landscaping and screening is provided as required herein.
F. 
That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.
G. 
That the use conforms with all applicable regulations governing the district where it is located.
[1]
Editor's Note: Schedule I, Permitted Land Uses, is included at the end of this chapter.
A. 
Indoor recreational uses.
(1) 
Such uses shall be conducted entirely within an enclosed structure and include amusement centers, bowling alleys, skating rinks, movie theaters and similar places of amusement.
(2) 
There shall be no offensive noise or vibration. Such elements may be emitted only in accordance with the performance standards set forth herein.
(3) 
No bowling alley or roller-skating rink shall be maintained or operated within 300 feet of an entrance or exit of a public or private school, public library, church, hospital, children's or old people's home or other similar public or semipublic institution.
B. 
Outdoor recreational uses.
(1) 
Such uses shall include golf courses, ice skating rinks, swimming pools, tennis courts and horse racing tracks.
(2) 
In any district where permitted, no building shall be located within 200 feet of any boundary of a residential zone.
(3) 
In any district where permitted, there may be permitted retail sales which are clearly secondary to the principal use.
(4) 
Unenclosed recreational facilities shall be located not less than 200 feet from any boundary of a residential zone, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining residential use.
(5) 
Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.
(6) 
No public address system shall be permitted which is audible at any property line between the hours of 8:00 p.m. and 8:00 a.m.
C. 
All commercial recreational uses shall provide off-street parking facilities as specified in § 390-22B.
A. 
Essential services, enclosed. Such uses include electric substations, transformers, switches and auxiliary apparatus serving a distribution area, and water pumping stations except sewer pumping stations. Such uses shall be subject to the following regulations:
(1) 
Such facility shall not be located in a residential zone.
(2) 
The location, design and operation of such facilities shall not adversely affect the character of the surrounding area.
(3) 
Adequate fences, barriers and other safety devices shall be provided on the premises and shall be landscaped in accordance with the provisions of § 390-16.
(4) 
Noise emitted from electric substations shall not be greater than permitted in accordance with the performance standards set forth in § 390-35C.
B. 
Fire stations and police stations. Such facilities shall be permitted in all R Districts, provided that:
(1) 
Such facility, in the opinion of the governing body, is necessary to serve the surrounding residential area where it is not possible to serve such area from a facility located in a B-1 or less restrictive district.
(2) 
Such facility shall be located on a major traffic street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.
C. 
Private schools and similar institutions of learning. All private schools and other similar private institutions of learning shall occupy an area of no less than that required in the following schedule:
[Amended 9-5-1996 by Ord. No. 683]
Grades Served
School Site
Nursery school/day-care center
2 acres, plus 500 square feet additional for each child over a total of 20
K through 6
5 acres, plus 1 additional acre for each 100 pupils
7 through 12
15 acres, plus 1 additional acre for each 100 pupils
9 through 12
25 acres, plus 1 additional acre for each 100 pupils
A. 
General. Uses in nonresidential districts when abutting a residence district or a waterway shall be screened from such districts or waterway in accordance with § 390-16.
B. 
Industrial establishments. In addition to meeting the minimum yard and lot coverage requirements, uses in the I District shall be subject to the following regulations:
(1) 
The side or rear yard setback from the nearest property line for accessory buildings shall be waived in such cases as the side or rear property line abuts a railroad right-of-way or siding.
(2) 
No building, storage area or parking or loading area shall be located within 100 feet of the boundary of a residential zone. Ingress and egress to each lot shall be provided by not more than two driveways, each not less than 20 feet nor more than 30 feet in width. No driveway shall be located within 200 feet of the intersection of two public streets.
[Amended 12-21-1989 by Ord. No. 597]
(3) 
Each use located in this zone shall provide truck loading and unloading facilities on the same lot and in other than the front yard or setback area so as to permit the transfer of goods in other than a public street.
(4) 
All industrial activities or processes shall take place within an enclosed building. Incidental storage shall be effectively screened from any public street or adjacent residential zones by fencing or landscaping.
(5) 
Prior to the issuance of a building permit or the change of type of manufacturing in this zone, the applicant shall submit evidence to the Construction Official that the proposed industrial operation complies in all respects with the regulations and standards of the various agencies of the State of New Jersey.
(6) 
All buildings in this zone shall be connected to a source of public water supply by means of a service line having a minimum inside diameter of six inches, and adequate sewage disposal shall be provided, subject to the approval of the state and local Boards of Health.
A. 
Gasoline stations, parking areas and garages.
(1) 
Location of exits and entrances. No gasoline filling station, commercial parking area or garage for 10 or more motor vehicles shall have an entrance or exit for vehicles within 200 feet of a school, public playground, church, hospital or institution for dependents or children. Such access shall be not closer to the intersection of any two streets than 50 feet.
(2) 
Location of oil drainage pits and hydraulic lifts. No outdoor hydraulic or mechanical lifts or oil drainage or mechanic pits shall be permitted.
(3) 
Outdoor storage areas. All outdoor storage facilities shall be enclosed by a solid fence or a solid wall or other suitable visual screen adequate to control the view of such facilities and the contents thereof from adjacent property in conformance with the provisions as established in § 390-16.
B. 
Off-street parking. In all districts, in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided at the time any new building or structure is erected, enlarged or increased off-street parking spaces for automobiles in accordance with the requirements set forth herein.
(1) 
Number of parking spaces required.
(a) 
The number of off-street parking spaces required shall be as set forth in Table 1. The use of "paper" streets as parking areas to meet the required parking shall be prohibited.
(b) 
In the case of any building, structure or premises which is not specifically mentioned herein, the Planning Board shall determine the amount of off-street parking required.
(2) 
Size. Each off-street parking space shall have a minimum area of 180 square feet with a minimum width of nine feet, exclusive of shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be established for less than three spaces. In residential districts, the accumulative area devoted to access and parking shall not exceed 15% of the total lot area.
(3) 
Access. There shall be adequate provision for ingress and egress to all parking spaces. Access drives or driveways should be no less than 15 feet wide for ingress or egress and 25 feet wide for both ingress and egress. No driveway or access drive should be closer than 50 feet to any street intersection.
(4) 
Size of aisles. Aisles providing direct access to individual parking stalls shall have a width of not less than 20 feet for parking stalls placed at an angle of from 61° to 90° and not less than 18 feet for parking stalls placed at an angle of 60° or less. Only one-way traffic shall be permitted in aisles serving parking spaces placed at an angle other than 90°.
(5) 
Location. All permitted and required accessory off-street parking and loading spaces, open or enclosed, shall be located on the same lot as the use to which such spaces are accessory. Such spaces shall be in the same ownership as the use to which they are accessory.
(6) 
Screening and landscaping. Off-street parking and loading areas for four or more vehicles shall be effectively screened by a fence or hedge on the side or sides adjoining or abutting an R District.
(7) 
Minimum distances and setbacks. Off-street parking and loading facilities for four or more spaces in a B, V-C or I District shall not be closer than 10 feet to an R District or any street right-of-way line, nor located within the minimum setback area.
[Amended 6-23-1997 by Ord. No. 693]
(8) 
Surfacing. Any off-street parking or loading area for four or more spaces shall be surfaced with an asphaltic or portland cement pavement or similar durable and dustless surface. All areas shall be marked so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.
(9) 
Lighting. All lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect the light away from adjoining premises.
(10) 
Drainage. Any off-street parking and loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.
(11) 
No motor vehicle shall be parked on any premises in any zone except within a garage or on an improved driveway.
(12) 
Commercial vehicles, except for one pickup or panel truck with up to a three-fourths-ton capacity rating, parked in a residential zone shall be kept in an enclosed garage, except when engaged in delivery or pickup.
C. 
Parking for churches, synagogues and houses of worship. The number of required off-street parking spaces may be eliminated or reduced if there exists, within 500 feet of the church, synagogue or house of worship, public or private parking lots containing a sufficient number of off-street parking spaces to satisfy the requirements of Table 1. The church, synagogue or house of worship must provide the difference if the number of parking spaces in the private or public lots is below the number required by Table 1. Any spaces provided in public or private lots must be shown to be available for worshipers on the day or days of greatest use.
D. 
Table 1: Off-Street Parking and Loading Requirements. Parking spaces, each of which shall have dimensions of not less than nine feet in width by 20 feet in length, shall be included as follows:
[Amended 6-23-1997 by Ord. No. 693; 7-17-2003 by Ord. No. 765]
Table 1
Off-Street Parking and Loading Requirements
Uses
Minimum Required Off-
Street Parking Spaces
Bowling alleys
5 for each alley
Cemeteries
As per the recommendations of the Municipal Engineer using Institute of Traffic Engineers' standards
Churches and synagogues
2 for each 3 permanent seats. When individual seats are not provided, each 20 inches of bench shall be considered 1 seat
Community buildings, country clubs, social halls, lodges, fraternal organizations, private schools and similar uses
1 for each 75 square feet of floor area occupied by all principal and accessory structures
Doctors and dentists
1 per 200 square feet of gross floor area or fraction thereof
Motels and hotels
1 for each rentable unit, plus 1 per employee
Funeral homes and mortuaries
1 for each car used in connection with the business, plus 1 for each 40 square feet of floor area of assembly
Hospital, nursing and convalescent homes
1 for each 3 beds
Manufacturing, industrial and general commercial uses not otherwise specified herein
1 for each 1,000 square feet of floor area, plus 1 for each 4 employees in the maximum working shifts
Offices (including banks and financial institutions)
4 for every 1,000 square feet of gross floor area or fraction thereof
Multiple-family apartments
1-bedroom or studio: 1.8
2-bedroom: 2
3-bedrom: 2.4
Dwelling units (elderly housing)
1 for every 4 dwellings
Single-family residential
3 (excluding garages)
Restaurants, bars and nightclubs
1 for every 3 seats
Retail stores, store groups, shops, etc.
5 for every 1,000 square feet of floor area or fraction thereof
Wholesale establishments or warehouses
1 for each 2 employees in the maximum shift. The total parking area shall be not less than 20% of the building floor area
Convention halls, skating rinks, exhibition halls, stadiums, sports arenas, auditoriums and other places of public assembly
1 for each 3 permanent seats, plus 1 for every 2 employees
Planned commercial development groups
1 for each 100 square feet of floor area where the floor area shall be or exceed 2,000 square feet
Any other uses not specified above
In determining minimum parking space requirements for uses not covered in this section, the Planning Board shall be guided by the number of persons employed in said building or by the use and the number of persons expected to visit or patronize the building or use
NOTE: Reverse parking, with off-street parking located in the rear yard, is preferred. Off-street parking or loading shall not be permitted within the first 15 feet of any front yard.
E. 
Off-street loading.
(1) 
In any district, in connection with every building group or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more, which is to be occupied by manufacturing or commercial uses or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such buildings off-street loading berths or unloading berths as follows:
(a) 
Ten thousand to 49,999 square feet: one space.
(b) 
For each additional 100,000 square feet: one space.
(2) 
The loading berth required in each instance shall be not less than 12 feet in width, 35 feet in length and 14 feet in height, and may occupy all or any part of any required yard, except as elsewhere regulated herein.
(3) 
Parking and loading facilities shall be provided as per the recommendations of the Municipal Engineer using Institute of Traffic Engineers' standards.
[Added 12-20-2001 by Ord. No. 748]
F. 
Joint facilities for parking or loading.
(1) 
Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as a required space for more than one use unless otherwise approved by the Planning Board in accordance with the purposes and procedures set forth herein.
(2) 
Parking and loading facilities shall be provided as per the recommendations of the Municipal Engineer using Institute of Traffic Engineers' standards.
[Added 12-20-2001 by Ord. No. 748]
A. 
Any multifamily development shall be substantially in accordance with the Master Plan and shall consider the surrounding land features of the area, including but not limited to residences; schools; parks; other reservations of open spaces; location, width and grade of streets and location and arrangement of parking spaces; local and regional business areas and shopping centers; densities proposed for surrounding areas; and other such features as shall contribute to the harmonious development of the area, with due regard to the character of the neighborhood and its peculiar suitability for this type of use.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit with appropriate landscaping.
(1) 
If the development of multifamily units is to be carried out in stages, each stage shall be so planned that the foregoing requirements and the intent of the Zoning Ordinance shall be fully complied with at the completion of any stage.
(2) 
The developer shall assure the provision of required improvements by means of a proper completion guaranty in the form of a bond or the deposit of funds or securities in escrow to cover the cost of the improvements. The work shall be performed in accordance with all requirements and the approved plans.
C. 
The area shall be adaptable to community development, being located in relation to major thoroughfares, streets, shopping or other facilities, and as far as possible shall have within or through it no major thoroughfare or other physical feature which will tend to destroy the neighborhood or community cohesiveness.
D. 
Area of tract. Not less than five acres shall be provided for every area to be used in whole or in part for multifamily development.
E. 
Building area. Not more than 25% of the land area may be occupied by buildings.
F. 
Setbacks from streets. There shall be a setback from the ultimate right-of-way of each street on which the area abuts which shall be not less than 75 feet in depth.
G. 
Setback from other residential zones. There shall be a setback from other residential zones which the area abuts of not less than 100 feet.
H. 
Distance between buildings.
(1) 
In the layout of multifamily units on a lot or tract of land, the following minimum distances shall be maintained:
(a) 
Between all main buildings and detached accessory buildings: 40 feet.
(b) 
Between the ends of all buildings, where walls are parallel to each other: 40 feet.
(c) 
Between the ends of all buildings, where walls are parallel to each other and driveways are introduced in order to reach parking areas: 50 feet.
(d) 
From the front facade of a structure to the front or rear of an opposite structure, where walls are parallel: 70 feet.
(e) 
From the rear facade of a structure to the rear facade of an opposite structure, where walls are parallel: 60 feet.
(f) 
From the front facade of a building to the side wall of an adjoining building, where walls are parallel: 40 feet.
(2) 
The term "parallel" as used in this section shall include the meaning "approximating or approaching parallel position," but in any event the deviation from true parallel shall not exceed 20°, provided that, in the event of cluster-type development, the distance shall be as approved by the Planning Board in its site plan approval. In no event shall there be more than 12 building units per structure.
I. 
Parking. Not less than two off-street automobile parking spaces shall be required for each dwelling unit. Such parking area shall be so placed as not to interfere with any recreation or service area and shall not be less than 25 feet from residential property lines or ultimate right-of-way lines.
J. 
Dwelling units per acre. There shall be no more than an average of six dwelling units per gross acre. There shall be no more than an average of seven units per developable acre. For the purpose of this subsection, the term "developable" shall mean those areas included within the site which are suitable for development and do not lie within any floodplain area. "Developable area" also means all that area included within the site which is an integral part of the site design, including but not limited to structures, parking areas, access driveways, walkways, recreation areas, common areas, open spaces and any other area devoted to the aesthetic considerations conducive to the development.
[Amended 5-15-1980 by Ord. No. 443]
K. 
Height of building. No building shall exceed the height of 80 feet or two stories (exclusive of basement), whichever is greater. Height shall be measured from the average elevation of the lowest and highest points of the property to the highest point of the structure, excluding chimneys.
[Amended 12-21-1989 by Ord. No. 597]
L. 
Paving. All areas provided for use by vehicles and all pedestrian walks shall be constructed in accordance with all pertinent specifications within the subdivision regulations.[2]
[2]
Editor's Note: See Ch. 336, Subdivision of Land.
M. 
Service. Areas for loading and unloading delivery trucks and other vehicles and for the servicing of refuse collection, fuel and other service shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
N. 
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the development without undue congestion to or interference with normal traffic flow. The Planning Board shall satisfy itself as to the adequacy of the thoroughfare to carry the additional traffic engendered by the apartment as well as to the street frontage of the proposed district.
O. 
Utilities. All buildings within the development shall be served by a public sanitary sewage disposal system and public water supply or available public utilities. All utility lines shall be placed underground.
P. 
Lighting facilities provided shall be arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required where deemed necessary for the safety and convenience of residents.
Q. 
Landscaped planting shall be provided around buildings, parking areas and as otherwise required by this chapter, as well as along the perimeter of land occupied by a multifamily development.
R. 
Open space. The developer shall be required, where possible, to preserve or incorporate natural features such as woods, streams and open space areas which add to the overall cohesive development of the area. However, all conditions deemed hazardous by the Planning Board, including natural feature hazards, are to be eliminated, or all precautions deemed appropriate by the Planning Board to reduce the hazard are to be provided by the developer.
S. 
Recreation. The developer shall provide community areas, laundry facilities, playgrounds, tot-lots and other services necessary for the comfort and convenience of residents.
T. 
An operator-manager or other responsible representative of the landlord should be in residence at all times.
U. 
Fire walls shall be provided between adjacent units, running to the roof.
V. 
Trash and garbage collection. The owners of any apartment complex shall provide for daily collection of garbage from central points. Central points shall be located internally to the site so as not to be visible from any public street. They shall be effectively screened by a fence and/or hedge at least six feet high and not more than 40% open.
W. 
Heating. Before construction, the developer must produce an affidavit from a heating engineer certifying that each dwelling unit can maintain an inside temperature of 70° F. with an outside temperature of -10° F.
X. 
Storage. The developer shall provide an additional space of a minimum of 500 usable cubic feet for each multifamily dwelling unit separate from the normal closet space for the storage of items not necessary to everyday living requirements and where personal belongings and effects may be stored under lock and separated from the belongings and effects of other occupants.
[Added 9-6-1979 by Ord. No. 435]
A. 
Any proposed multifamily development which contemplates the sale of fee-simple units shall be substantially in accordance with the Master Plan and shall consider the surrounding land features of the area, including but not limited to residences; schools; parks; other reservations of open spaces; location, width and grade of streets and location and arrangement of parking spaces; local and regional business areas and shopping centers; densities proposed for surrounding areas; and other such features as shall contribute to the harmonious development of the area, with due regard to the character of the neighborhood and its peculiar suitability for this type of use.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The proposed development shall be constructed in accordance with an overall plan and shall be designed as unified architectural units with appropriate landscaping.
(1) 
If the development of multifamily units is to be carried out in stages, each stage shall be so planned that the foregoing requirements and the intent of the Zoning Ordinance shall be fully complied with at the completion of any stage.
(2) 
The developer shall assure the provision of required improvements by means of a proper completion guaranty in the form of a bond or the deposit of funds or securities in escrow to cover the cost of the improvements and the requirements by § 390-10B(5). The work shall be performed in accordance with all requirements and the approved plans.
(3) 
The materials used for exterior construction shall be of a permanent nature requiring minimal maintenance and subject to Planning Board approval.
C. 
The area shall be adaptable to community development, being located in relation to major thoroughfares, streets, shopping or other facilities, and as far as possible shall have within or through it no major thoroughfare or other physical feature which will tend to destroy the neighborhood or community cohesiveness.
D. 
Area of tract. No less than 20 acres shall be provided for every area to be used, in whole or in part, for multifamily development.
E. 
Building area. Not more than 25% of the land area may be occupied by buildings.
F. 
There shall be setbacks from streets as follows:
(1) 
There shall be a setback from the ultimate right-of-way of each public street on which the site abuts which shall be not less than 75 feet, except that the setback from existing Pleasant Place shall be not less than 30 feet, and provided that the provisions of Subsection Q are met.
(2) 
There shall be a setback from the right-of-way of any railroad of not less than 30 feet, and the provisions of Subsection Q shall be met.
(3) 
There shall be a setback from any residential parcel not committed to an RMO use of not less than 30 feet, and the provisions of Subsection Q shall be met.
(4) 
There shall be a setback requirement from any cartway of 26 feet in front, 20 feet in the rear and 15 feet on either side.
G. 
There shall be no minimum setback requirement from other residential zones except as may be provided herein.
H. 
Distance between buildings.
(1) 
In the layout of a multiple-family development on a site within a RMO Zone, the following minimum distances shall be maintained:
(a) 
Between any building or portion thereof designed for residential use and any other structure designed as a dwelling unit: 40 feet.
(b) 
Between all main buildings and detached accessory buildings: 40 feet.
(c) 
Between the ends of all buildings where walls are parallel to each other: 40 feet.
(d) 
Between the ends of all buildings where walls are parallel to each other and driveways are introduced in order to reach parking areas: 50 feet.
(e) 
From the front facade of a structure to the front or rear of an opposite structure, where walls are parallel: 70 feet.
(f) 
From the rear facade of a structure to the rear facade of an opposite structure, where walls are parallel: 60 feet.
(g) 
From the front facade of a building to the sidewall of an adjoining building, where walls are parallel: 40 feet.
(h) 
There shall be no minimum side yard setback requirements except those stipulated in all subsections of Subsection F above, where fee-simple sales developments are proposed by the developer.
(2) 
The term "parallel," as used in this subsection, shall include the meaning "approximating or approaching parallel position," but in any event the deviation from true parallel shall not exceed 20°, provided that, in the event of cluster-type development, the distance shall be as approved by the Planning Board in its site plan approval. In no event shall there be more than eight building units per structure. There shall be a horizontal break of at least four feet in the facade at least every four units in a row.
I. 
Parking. Not less than two off-street automobile parking spaces shall be required for each dwelling unit, inclusive of at least one garage space. In addition, off-street parking areas shall be provided at the rate of 1/2 parking space per dwelling unit in strategic locations. These parking areas shall not contain more than 10 spaces in one location. All parking areas shall be so placed as not to interfere with any recreation or service area or interfere with vehicular traffic or cartways and shall not be less than 25 feet from any other residential zone. In no event shall parking be permitted within the cartway. The Borough of Oceanport Police Department shall have full power of enforceability in this matter.
J. 
Dwelling units per acre.
(1) 
There shall be no more than an average of six dwelling units per gross acre. There shall be no more than an average of seven units per developable acre. For the purpose of this subsection, the term "developable" shall mean those areas included within the site which are suitable for development and do not lie within any floodplain area.
(2) 
No dwelling unit shall contain more than two bedrooms nor have a habitable area less than 1,250 square feet.
K. 
Height of building. No building shall exceed the height of 30 feet or two stories, exclusive of basement, whichever is greater.
L. 
Paving. All areas provided for use by vehicles and all pedestrian walks shall be constructed in accordance with all requirements of Chapter 336, Subdivision of Land, except that, as to interior private roadways, there shall be provided a cartway of not less than 26 feet in width. All cartway paving shall be provided with curbing per Borough specifications. All curb radiuses shall be a minimum of 15 feet.
M. 
Service. Areas for loading and unloading delivery trucks and other vehicles and for the servicing of refuse collection, fuel and other services shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
N. 
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the development without undue congestion to or interference with normal traffic flow. The Planning Board shall satisfy itself as to the adequacy of the thoroughfare to carry the additional traffic engendered by the development, as well as to the street frontage of the proposed district.
O. 
Utilities. All buildings within the development shall be served by a public sanitary sewage disposal system and public water supply or available public utilities. All utility lines shall be placed underground.
P. 
Lighting facilities provided shall be arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required where deemed necessary for the safety and convenience of residents.
Q. 
Landscaped planting shall be provided around buildings, parking areas and as otherwise required by this chapter as well as along the perimeter of land occupied by a multifamily development. Such planting shall consist of nondeciduous material at least six feet in height and no more than 40% open.
R. 
Open space. The developer shall be required, where possible, to preserve or incorporate natural features such as woods, streams and open space areas which add to the overall cohesive development of the area. However, all conditions deemed hazardous by the Planning Board, including natural feature hazards, are to be eliminated, or all precautions deemed appropriate by the Planning Board to reduce the hazard are to be provided by the developer.
S. 
Recreation. The developer shall provide community areas, playgrounds and other facilities suitable for the recreational convenience of the residents.
T. 
Homeowners' association. The developer shall present to the governing body of the Borough for its approval a declaration of covenants, conditions and restrictions whereby the Borough will be assured of the homeowners' association's responsibility and rights for such things as, but not limited to, trash and garbage collection, snow removal, cartway maintenance, animal restrictions and building modifications. Prior to said Borough approval, the developer shall be responsible for the implementation and continuation of the items of maintenance set forth above. The homeowners' association shall satisfy all criteria set forth in N.J.S.A. 40:55D-43 and, among other things, shall also satisfy the following criteria:
(1) 
Such association shall be organized as a nonprofit corporation prior to the sale of any dwelling unit.
(2) 
The association and any property owned by it shall be free of all liens and encumbrances.
(3) 
Membership in such association shall be mandatory as to all unit owners.
(4) 
All restrictions pertaining to utilization of open space shall be permanent in nature.
(5) 
The association shall be responsible for the payment of liability insurance and all local taxes, as well as responsible for the maintenance of all facilities owned by it.
(6) 
The association, its bylaws and rules and regulations shall be subject to the approval of the governing body of the Borough of Oceanport.
U. 
Trash and garbage receptacles. All trash and garbage receptacles shall be provided below ground and shall have adequate capacity to accommodate the waste disposal requirements of one- and two-bedroom units.
V. 
Fire walls shall be provided between adjacent units, running to the roof.
W. 
Heating. Before construction, the developer must produce an affidavit from a heating engineer certifying that each dwelling unit can maintain an inside temperature of 70° F. with an outside temperature of -10° F.
X. 
Storage. The developer shall provide an additional space of a minimum of 500 usable cubic feet within each multifamily dwelling unit, separate from the normal closet space, for the storage of items not necessary to everyday living requirements.
Y. 
Boats and trailers. No outside parking or storage is permitted.
Z. 
An easement shall be granted to the Borough providing for access for emergency vehicles for ingress and egress over the aforementioned roadways.
A. 
Trailers.
(1) 
No trailer or recreational vehicle shall be parked on any street for the purpose of repair or storage. Any such trailer or recreational vehicle undergoing major repair shall be kept within a building and shall not during such period of repair be used by any person as a dwelling or sleeping place.
(2) 
Any vehicle equipped to be used for living or sleeping purposes, commonly known as a "camping or travel trailer," whether or not mounted on wheels, may be located in any district, provided that:
(a) 
Such vehicle is unoccupied.
(b) 
The length of such vehicle, including hitch, does not exceed 24 feet.
(c) 
The storage of such vehicle will be governed by § 390-25B.
(d) 
In a residential district, not more than one such vehicle shall be permitted on a lot per dwelling unit.
(e) 
Screening shall be as required in § 390-16B.
B. 
Storage of commercial and recreational vehicles. No commercial or recreational vehicle shall be stored within the front yard nor within the side yard requirements of the particular zone in which it is located.
C. 
Storage of commercial equipment. No outside storage of commercial equipment shall be permitted in residential zones.
D. 
Garages. No living quarters shall be permitted in any garage building.
E. 
Carports. Carports are prohibited.
F. 
Fences.
[Amended 9-1-1988 by Ord. No. 576]
(1) 
No residential fence may be more than six feet in height or constructed of materials substantially dangerous. This interpretation is meant to include barbed wire but is not limited thereto.
(2) 
No fence shall be erected in a front yard of any lot in a residential zone or along a public right-of-way unless the fence is less than 50% solid and is not more than four feet in height. Such fence shall be no closer than one foot to the Borough road, street and/or right-of-way in accordance with the definition of "streets" appearing in § 390-4B of this chapter.
[Amended 11-16-2000 by Ord. No. 738]
(3) 
No fence shall be erected on any lot within 25 feet from the intersection of two or more public rights-of-way more than 2 1/2 feet in height.
[Amended 11-16-2000 by Ord. No. 738]
(4) 
All fences must be constructed with the face or finished side away from the property and the structural side toward the interior.
(5) 
Stone and masonry walls are not considered to be fences and are prohibited.
(6) 
All uses other than residential uses which abut a residential use shall provide screening in the form of a fence or hedge at least six feet high and not more than 40% open.
G. 
Junkyards. No junkyard shall be permitted within the limits of the Borough.
H. 
Radio, television and microwave antennas.
[Amended 10-16-1986 by Ord. No. 530]
(1) 
In residential zones, including the R-1 through R-5, R-M and RMO Zones, the following antenna structures shall be permitted as accessory structures to a principal residential structure or permitted conditional use on the same lot. No such antenna structures may serve more than one residential lot unless the supporting structure conforms to the minimum regulations on the lot on which it is located and no connecting cables cross property other than that owned by the persons served by the antenna.
(a) 
Two conventional television and/or radio antenna structures attached to a building, provided that they do not exceed the height limitations for the zone by more than 15 feet. Antenna structures operated by holders of a Federal Communications Commission Amateur Radio License may exceed the height limitations for the zone by 35 feet. Such antennas which exceed 20 feet above the point of attachment to the building shall be built to withstand winds of 75 miles per hour.
(b) 
Freestanding, noncommercial, mast- or pole-type radio and/or television antenna structures and one tower-type radio and/or television antenna structure, provided that they shall only be placed in the rear yard area, shall be located no closer than 15 feet to any property line and may exceed the height limitations for the zone by not more than 15 feet. In the event that any rear yard area shall be contiguous with the front yard area of an adjoining lot, such antenna structure shall be placed in a side yard subject to compliance with the setback and screening requirements otherwise contained in this chapter. Antenna structures operated by holders of a Federal Communications Commission Amateur Radio License may exceed the height limitations for the zone by 35 feet. Such structures over 20 feet in height shall be built to withstand winds of 75 miles per hour.
(c) 
One satellite dish antenna structure erected on a secure ground-mounted foundation, provided that it shall only be placed in the rear yard, shall conform to the setbacks for a principal structure in the zone and shall not exceed 12 feet in height or 12 feet in diameter. In the event that any rear yard area shall be contiguous with the front yard area of an adjoining lot, such antenna structure shall be placed in a side yard subject to compliance with the setback and screening requirements otherwise contained in this chapter. Any wires or connecting cables shall be buried underground, unless the antenna is located immediately adjacent to and mounted no more than seven feet from the structure being served. Each such structure shall be screened by fencing not to exceed six feet in height, other structures and/or nondeciduous plantings of sufficient number and height to obstruct any clear view of the antenna from any adjacent conforming residential property, any residential zone or any public street.
(2) 
In the B-1, B-2, V-C and I Zones, the following antenna structures shall be permitted as accessory structures to a principal use, other than a residential use, on the same lot. No such antenna structures may serve more than one lot unless the supporting structure conforms to the minimum regulations on the lot on which it is located and no connecting cables cross property other than that owned by the person served by the antenna:
[Amended 6-23-1997 by Ord. No. 693]
(a) 
Conventional television and/or radio antenna structures attached to each building, provided that no antenna structure shall exceed the height limitations for the zone by more than 15 feet. Such structures which exceed 20 feet above the point of attachment to the building shall be built to withstand winds of 75 miles per hour.
(b) 
Freestanding, conventional, noncommercial radio and television antenna structures, provided that such antenna structures shall only be placed in the rear yard, shall adhere to setback and yard requirements for accessory structures in the particular zone but in no case shall be closer than 50 feet to any residential property line or zone boundary or closer than 15 feet to any other property line, and shall not exceed the height limitations for the zone by more than 15 feet. Such structures over 20 feet in height shall be built to withstand winds of 75 miles per hour.
(c) 
Satellite dish antennas. Such antenna structures shall be erected on a secure ground-mounted foundation located in the rear yard or may be mounted on a flat roof, provided that it is no higher than 15 feet above the roofline and is concealed from public view. No antenna structure shall exceed 12 feet in diameter. Ground-mounted antenna structures shall conform to the setbacks for a principal structure in the zone, shall not exceed 12 feet in height and shall in no case be located closer than 50 feet to a residential property line or zone boundary. Wires or connecting cables for ground-mounted antennas shall be buried underground. Each ground-mounted antenna shall be screened by fencing, other structures and/or nondeciduous plantings of sufficient number and height to obstruct any clear view of the structure from any adjacent conforming residential property, any residential zone or any public street.
I. 
Cemeteries. Cemeteries may be permitted, subject to the issuance of a special exception permit, in the district(s) designated, provided that compliance with the following standards are achieved:
[Added 12-20-2001 by Ord. No. 748]
(1) 
Minimum lot area: 20 acres.
(2) 
Minimum lot width: 500 feet.
(3) 
Minimum lot depth: 1,000 feet.
(4) 
Minimum building setbacks.
(a) 
Front yard setback: 80 feet.
(b) 
Rear yard setback: 75 feet.
(c) 
Side yard setback: 50 feet.
(d) 
Distance to environmentally sensitive property: 50 feet. (NOTE: "Environmentally sensitive property" shall be that designated by the New Jersey Department of Environmental Protection as freshwater wetlands or land within the one-hundred-year-floodplain and areas having steep slopes in excess of 10%.)
(e) 
Any crematory building or structure shall be located not less than 700 feet from the nearest residential property line.
(5) 
Maximum height:
(a) 
Family and individual mausoleums, columbariums and other interment structures: 15 feet.
(b) 
Public mausoleums, columbariums and other interment structures: 35 feet/two stories.
(c) 
Caretaker's residence, offices, storage and maintenance buildings: 35 feet/two stories.
(d) 
Crematory and all other permitted buildings:
[1] 
Flat roof: two stories/30 feet.
[2] 
All other roofs: two stories/35 feet.
(6) 
Maximum building and impervious cover: 35%.
(7) 
Maximum building length: 100 feet (the building elevation viewed from and parallel to any public street); provided, however, that no building shall have an area in excess of 5,000 square feet.
(8) 
Building clusters:
(a) 
Buildings separated by distances of less than 200 feet shall be deemed clustered, and the maximum width of any building cluster shall be 470 feet. Such maximum width shall be the total distance measured across the elevations of buildings within the cluster viewed from any public street.
(b) 
The minimum distance between building clusters shall be 450 feet.
(c) 
The minimum distance between a building cluster and any other freestanding building shall be 150 feet.
(d) 
Private mausoleums, regardless of number, shall not be subject to the regulations regarding building clusters.
(9) 
A maximum of two identification signs may be permitted. Each sign shall be in compliance with the requirements of § 390-27A(3).
(10) 
Landscaping planting shall be provided around buildings, parking areas and as otherwise required by this chapter. Such planting shall consist of nondeciduous material at least six feet in height and no more than 40% open.
(11) 
A minimum five-foot-wide continuous buffer shall be provided where a cemetery abuts existing residential uses. No public or private mausoleum, grave, headstone, marker or other building or structure shall be erected within or upon the buffer area.
(12) 
The disposal or placement of cremated human remains (also known as "cremains") anywhere within the cemetery property, other than in suitable containers in compliance with all applicable laws, rules and regulations, is expressly prohibited.
(13) 
Public access and use of the facilities shall not commence before 8:00 a.m. and must terminate by not later than 8:00 p.m., Monday through Friday, and from 9:00 a.m. to 5:00 p.m. Saturday and Sunday. The operation of a crematory shall not commence before 8:00 a.m. and shall terminate not later than 5:00 p.m. on any day.
(14) 
Ancillary structures: Any aboveground or below-ground tanks, sheds, garages, trailers or other structures used along with or to otherwise service the special exception use shall comply with the bulk requirements and other restrictions as set forth in § 390-25 of this chapter.
(15) 
Lighting facilities provided shall be arranged in a manner which will protect public roadways and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required where deemed necessary for the safety and convenience of residents.
(16) 
As a condition of site plan approval, the operator of any crematory shall be required to have the stack emissions tested at three-month intervals to ensure that such emissions do not exceed the applicable requirements set by the Department of Environmental Protection for particulate matter and by the United States Environmental Protection Agency for mercury. A written report of such tests shall be furnished to the Municipal Clerk.
J. 
Used-car lots. No used-car lots shall be permitted within the limits of the Borough.
[Added 3-21-2013 by Ord. No. 912]
K. 
Driveways.
[Added 3-21-2013 by Ord. No. 912]
(1) 
No driveway shall be within five feet of a side yard line or projection of side yard line or within 15 feet of a rear yard line for newly constructed or substantially reconstructed dwellings. Residential driveways shall be limited to 24 feet wide for garages that face the street and may transition to 36 feet wide starting at a point 24 feet from the dwelling. Driveways for side-entry garages and rear-yard garages shall be limited in width to that for a single-car garage in the front yard area. Residential properties with greater than 100 feet of frontage on a single street shall be permitted up to a total of two driveways; otherwise, only a single driveway is permitted.
(2) 
A driveway apron shall be provided at the intersection of all driveways with the public roadway. The apron shall be made of concrete when it abuts or may in the future abut a concrete sidewalk; otherwise, asphalt or suitable paver materials maybe utilized. The apron shall extend a minimum of six feet from the edge of the road or to the back edge of the sidewalk, whichever is greater. Construction details are to be approved by the Borough Engineer.
(3) 
On-street parking shall only be on streets where it is permitted and then only on the paved portion of the roadway. Parking shall not occur on unimproved surfaces such as dirt, grass, stone, or similar surfaces.
(4) 
Turnaround areas.
(a) 
Properties that front on the following roads shall provide on the property a means, such as a "K-turn" area, for vehicles to turn around within the property boundaries prior to exiting the property:
[1] 
Monmouth Road.
[2] 
Eatontown Boulevard.
[3] 
Monmouth Boulevard.
[4] 
Branchport Avenue.
[5] 
Port Au Peck Avenue (Wolf Hill Avenue to Comanche Drive).
[6] 
Shrewsbury Avenue (Monmouth Boulevard to Branchport Avenue).
[7] 
Monmouth Boulevard (Myrtle Avenue to Branchport Creek Bridge).
(b) 
The K-turnaround shall be at least 28 feet deep, including the driveway width. The turnaround area shall be at least five feet off of the side property line and 15 feet off the rear property line.
L. 
Portable on-demand storage structures.
[Added 3-21-2013 by Ord. No. 912]
(1) 
A portable on-demand storage structure may be utilized as a temporary structure within the Borough when in compliance with the standards of this section. Any use of such structures within the Borough not in compliance with this subsection shall be unlawful and subject to fines and penalties as permitted under this Code.
(2) 
Use of a portable on-demand storage structure shall only be permitted where a permit has been issued by the Borough Code Enforcement Officer.
(a) 
Applications for the permitted use of a portable on-demand storage structures may be obtained from the Code Enforcement Officer, and the application shall be submitted when completed by the party requesting use of a portable on-demand storage structure on that form provided by the Code Enforcement Officer to the Code Enforcement Officer with a sketch showing the location of the structure on the site and detailing the distance of trailers from other buildings, fire hydrants, Fire Department connections and/or utilities.
(b) 
All portable on-demand storage units shall be placed in driveways unless otherwise approved by the Code Enforcement Officer.
(c) 
An application fee of $20 shall accompany the form requesting such permission. Failure to obtain permission for placement of such temporary structure shall result in the issuance of an after-the-fact permit with a fee set at 10 times the amount of a permit issued prior to erection of such structure $200.
(3) 
Length of time structures may be on property; extensions.
(a) 
A portable on-demand storage structure may be located as a temporary structure on property within the Borough for a period not exceeding 30 days in duration from time of delivery to time of removal in circumstances where a construction permit for the property has not been issued. Where exceptional circumstances exist, the Code Enforcement Office may alter the permit to extend the time where these structures may be permitted on property.
(b) 
In such circumstances where a construction permit has been issued for the property, the portable on-demand storage structure may be located as a temporary structure on property for a period not exceeding 90 days, with the right to three thirty-day extensions if deemed necessary and appropriate by the Code Enforcement Office. In no event may a portable on-demand storage structure be located on property for a period in excess of 180 days in any twelve-month period. Extensions beyond the 180 days may be granted by the Borough Council. The property owner seeking said extension must apply to the Council at the time that the last thirty-day extension is applied for.
(4) 
No more than two portable on-demand storage structures may be located on a specific piece of property within the Borough at one time; such structures shall be individually limited to the duration time period established herein.
(5) 
No portable on-demand storage structure located within the Borough shall contain toxic or hazardous materials.
[Added 6-23-1997 by Ord. No. 693; amended 7-17-2003 by Ord. No. 765]
This zone encompasses the Borough's downtown area and was created to enhance the image and vitality of the Village Center by encouraging mixed use infill development with strong pedestrian elements. In order to ensure that the Village Center (V-C Zone) be a visually attractive area, the following development criteria shall be applied:
A. 
General lot and building design criteria.
(1) 
Any principal commercial building may contain more than one use and/or organization. Any lot may contain more than one principal structure, provided that each principal structure is located in a manner which will allow the possibility of subdividing the lot in a manner that each structure and resulting lot would conform to the zoning and subdivision requirements, including frontage on a public street.
(2) 
All building walls facing a street or residential district line or municipal park shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block or concrete block walls. Preferred building materials include brick, wood, stone or other natural materials.
(3) 
No merchandise, products, waste equipment or similar material or objects shall be displayed or stored outside.
(4) 
All mechanicals must be screened.
(5) 
Design techniques should result in the creation of individual storefronts along the front and sides and rear (if required) to visually appear to be a quaint, long-established, neighborhood business district.
(6) 
Roofline breaks. Rather than a uniform two- or three-story block of buildings, the roofline should be used to waiver between one-, two- and three-story buildings, giving the feel of a streetscape that has evolved over many years.
(7) 
Architectural styles must be compatible with the "Turn of the Century Racetrack/Seaside Village" theme. Architectural styles must not be mixed in the same building. The use of detailing, such as window shutters on upper floors, small-paned storefront windows and entrance door side windows or decorative framing, is recommended and encouraged where appropriate to the architectural style. Blank walls will not be allowed.
B. 
Landscaping and lighting.
(1) 
All portions of the property not utilized by buildings or paved surfaces shall be landscaped with a combination of fencing, shrubbery, lawn area, ground cover, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated.
(2) 
Perimeter strips consisting of a landscape screen shall be provided between off-street parking areas and adjoining properties. The perimeter strip shall be composed of plants and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of trees planted with specimens of at least four feet in height and planted at intervals which will provide an overlapping foliage screen at maturity with a minimum mature height of 15 feet. The low-level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not less than five feet. The low-level screen shall be placed in alternating rows to produce a more effective barrier. All plants not surviving two growing seasons after planting shall be replaced. Perimeter strips shall be a minimum of 10 feet wide and shall be protected by permanent curbing.
(3) 
Landscaping and buffer plan should be submitted for Planning Board site plan review showing what will remain and what will be planted, indicating names of plants and trees and dimensions and approximate time of planting.
(4) 
There shall be at least one trash and garbage pickup location provided by each building. It shall be a totally enclosed container located in a manner to be obscured from view from parking areas, existing residential uses or municipal parks by a masonry enclosure.
(5) 
Lighting. For all uses within the district, adequate lighting to ensure safe pedestrian and vehicular travel shall be provided. The following standards shall apply:
(a) 
Light fixtures shall be Hexagonal Lantern Series L24 luminaire, 175 MH, as manufactured by Lumec.
(b) 
Poles shall be R90 Traditional Steel Pole (black), 16 feet high, as manufactured by Lumec. Pole shall come equipped with 120-V duplex receptacle at top and double banner arm. Poles and light fixtures shall be spaced at one-hundred-foot intervals.
(6) 
Sidewalks.
(a) 
Sidewalks must be a minimum of 15 feet in width.
(b) 
Concrete pavers shall be used and shall be 3 1/8 inches in thickness where used in driveways, roadways and driveway aprons; 2 1/8 inches in thickness where used in sidewalks having a minimum compressing strength of 8,000 psi; a water absorption maximum of 5% and shall meet or exceed ASTM Specifications C936-82.
(c) 
Subbase in sidewalk areas shall consist of crushed concrete, six inches thick, topped with one-inch quarry dust. Subbase in driveways, roadways and driveway aprons shall consist of concrete subbase six inches thick.
(d) 
The concrete pavers shall be installed tightly together on the bedding course with joints not exceeding 1/8 inch. Joints shall be filled with sand or quarry dust, as approved by the Borough Engineer.
(e) 
Pavers must have a border on all sides.
(7) 
Granite block curb.
(a) 
Granite block shall consist of rectangular paving stones, with slit faces and edges, made from granite complying with ASTM C615, 10 inches tall by four to five inches deep by six to eight inches wide. The Borough Engineer can supply manufacturers.
(b) 
Concrete shall be air-entraining portland cement in accordance with ASTM Specification C-94, proportioned to have a minimum compressive strength of 4,000 psi at 28 days (AC1318).
(c) 
Set block to provide six-inch curb face with five-eighths-inch mortar joint grooved. Construction detail shall be approved by the Borough Engineer.
(8) 
Signs.
(a) 
Permits required. No person, firm or corporation shall hereafter erect, reerect, construct or structurally alter a sign or sign structure without a permit first having been issued by the Construction Official. If it appears that the proposed sign is in compliance with all requirements and laws, the permit shall be issued, but should the work authorized under the permit not be completed within a year after the date of issuance, the permit shall become null and void.
(b) 
All nonconforming signs in effect as of the date of the adoption of this amendment to the Zoning Ordinance shall be replaced, remodeled or otherwise brought into conformance or removed within three years of the effective date of this chapter.[1]
[1]
Editor's Note: This ordinance was adopted 7-17-2003.
(c) 
A nonconforming sign shall not be enlarged or replaced by another nonconforming sign.
(d) 
No sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights. All luminous signs, indirectly illuminated signs, and lighting devices shall contain only lights emitting light of constant intensity. All bare incandescent light sources and immediately adjacent reflecting surfaces shall be shielded from view.
(e) 
Exposed neon tube in any form is prohibited.
(f) 
Channel letter signs are prohibited.
(g) 
Solid backlighted letters are permitted (those lighted by a source concealed by the letter, reflecting off the surface of the letter).
(h) 
Signs shall have no symbol, logo or lettering exceeding 18 inches in height.
(i) 
Only one wall sign per establishment shall be permitted unless the establishment has frontage on more than one side or two finished fronts.
(j) 
The total area for wall signage on the first floor shall not exceed two square feet for each linear foot of the building frontage attributable to the particular business or businesses which the sign will identify or 100 square feet, whichever is less.
(k) 
The total area for wall signage on the second floor shall not exceed one square foot for each linear foot of the building frontage attributable to the particular business or businesses which the sign will identify or 50 square feet, whichever is less.
(l) 
One awning sign shall be permitted for each window or door of the facade covered by the awning. Any sign (logo and/or lettering) on an awning shall not exceed 25% of the exterior surface of the awning. There shall be no other specific restriction on the size or height of the lettering or logo.
(m) 
All awnings on a structure must be of the same color.
(n) 
Awnings must be fastened to the facade of the building and not supported from the ground; awnings shall not extend more than seven feet from the facade; and no portion of the awning shall be nearer than eight feet to the ground.
(o) 
An establishment may have both wall and awning signage.
(p) 
No window sign shall be affixed to the exterior of the window. All exterior signs shall be classified as wall signs.
(q) 
The only window signs permitted are those permanently painted onto the glass, stating the name of or nature of the business. Said window sign shall not exceed 30% or 100 square feet, whichever is less, of the area of the window.
(r) 
No more than three colors should be used and should match either the background or trim color of the structure the sign serves.
(s) 
Freestanding signs are prohibited.
(9) 
Public spaces. To add to the charm of the streetscape, public spaces (parks, greens, commons, squares, plazas) can enhance the ambiance and add further diversity to the mix of uses found there. The park area could be used as the focal point of the neighborhood, providing a haven of rest and relaxation. A fountain, gazebo or clock or a kiosk that communicates the happenings of the community could be done as a pocket park.
Signs may be erected and maintained only when in compliance with the following provisions:
A. 
Signs in residential districts. The following types of signs are permitted in all residential districts as follows:
(1) 
Nonilluminated signs bearing the name of the persons residing on the premises, provided that the above signs shall not exceed two square feet in area and the top edge of the sign shall not be more than five feet above grade level and, if illuminated, shall be nonflashing, and further provided that the lighting unit shall be attached to the sign, shall contain no more than 100 watts of illumination per side and shall have a proper shield so that the rays of illumination shall not project beyond the area of the sign.
(2) 
For multiple-family dwellings and for buildings other than dwellings, a single identification sign not exceeding 12 square feet in area and indicating only the name and address of the building and the name of the management may be displayed, provided that on a corner lot two such signs (one facing each street) shall be permitted.
(3) 
Signs of schools, churches, parish houses or other institutions of a similar public or semipublic nature may be erected and maintained, provided that:
(a) 
The size of any such sign is not in excess of 24 square feet.
(b) 
Not more than one such sign is placed on a property, unless such property fronts upon more than one street, in which event two such signs may be erected, one on each frontage.
(4) 
Lease, sale or open house signs.
[Amended 7-15-1993 by Ord. No. 637; 6-5-2003 by Ord. No. 762; 4-16-2009 by Ord. No. 861]
(a) 
Temporary signs pertaining to the lease or sale of the same lot or building on which it is placed, provided that the above signs shall not exceed eight square feet in area, shall not be illuminated and shall not project beyond the property lines. All temporary signs shall be removed within 180 days from the date installed. In no case shall real estate signs indicate property sold, foreclosed or bank owned.
(b) 
In addition to the signs permitted under Subsection A(4)(a) of this section, there shall also be permitted three temporary signs advertising an open house in connection with the sale of any residential dwelling, subject to the following restrictions:
[1] 
One sign only shall be placed on the lot or building being sold and two directional signs may be placed off site. Directional signs may be placed in the public right-of-way barring they do not block a site triangle, but shall not be placed on private property owned by another person without the owner’s written permission.
[2] 
The signs hereby authorized shall not be larger than 18 inches by 24 inches, and the top of each such sign shall not be higher than 42 inches above the ground, which includes anything tied to the sign such as balloons or other materials that could obstruct views for traffic safety. If the open house is being conducted by a real estate licensee, all signs shall contain the name, business office address and telephone number of such real estate licensee.
[3] 
The open house may be for either the public or realtors only.
[4] 
The sign shall be placed only on the day of the open house and shall be removed immediately upon the conclusion of the open house. Both signs shall contain the day of the week on which the open house is being conducted.
[5] 
No "Open House" sign shall be illuminated.
[6] 
Any violation of these restrictions shall be subject to a penalty per sign as set forth in Chapter 1, § 1-15, General penalty, and each day that a violation continues shall be considered a separate and specific violation and not as a continuing offense.
(5) 
Development signs.
(a) 
The size of any sign shall not be in excess of 40 square feet.
(b) 
Not more than two signs shall be placed upon any property, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage.
(c) 
Any such sign shall be removed by the developer within 30 days of the final sale.
(6) 
Artisans' signs. Signs of mechanics, painters and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided that:
(a) 
The size thereof is not in excess of 12 square feet.
(b) 
Such signs are removed promptly upon completion of the work.
B. 
Signs in business and industrial districts. Business signs are permitted in B, V-C and I Districts in accordance with the following regulations:
[Amended 6-23-1997 by Ord. No. 693]
(1) 
Maximum size of sign (square feet or percent of wall area, whichever is less).
Type of Sign
Square Feet
Percent of Wall Area*
Nonilluminated
20
10
Illuminated, but nonflashing
10
5
*Includes windows and door area on which or in which the sign or signs are displayed.
(2) 
Projection of signs. No sign shall project more than 15 inches from the wall of any building.
(3) 
Interference with traffic safety. No sign shall be so placed as to interfere with a highway, traffic light, traffic vision or similar safety factors.
(4) 
Number of signs. Only one sign shall be permitted on one facade of a building for each use, business, person or activity coming within the provisions of this section; provided, however, that in no case shall the total area of signs advertising or calling attention to a business on any one premises exceed 30% of the wall surface, including window and door area of the building located on the premises.
(5) 
Height of sign. No part of any sign shall extend above the top or beyond the ends of the wall surface on which it is placed; no sign, except such directional devices as may be required by federal aeronautical authorities, shall be placed, inscribed or supported upon the roof of any building, and no sign shall be placed so as to interfere with the opening of an exit door or to obstruct any window opening to a room to be used for dwelling purposes.
(6) 
Freestanding signs (not including normal traffic regulation signs).
(a) 
Freestanding signs shall be limited to one per establishment.
(b) 
No portion of any such sign shall be less than 10 or more than 25 feet above the ground.
(c) 
The area of any individual freestanding sign shall not exceed six square feet.
(d) 
No portion of a shopping center freestanding sign shall be less than 15 or more than 30 feet above the ground. The area of any one side of such sign shall not exceed 100 square feet. The location and orientation of such sign shall be shown on the site plan. At no time shall there be more than two freestanding signs per shopping center.
(e) 
In the case of a group of business uses other than a shopping center, on a lot held in single and separate ownership, a single freestanding sign including individual signs identifying different establishments may be erected on a common backing, provided that the total area of one side of the sign does not exceed 20 square feet. The structural backing for all such signs shall be uniform, and no sign may extend in any direction beyond the outside edge of the backing. No portion of any such backing shall be less than 10 feet or more than 25 feet above the ground.
(7) 
Sign permits. Permits shall be required and shall be procured from the Construction Official for all signs greater than two square feet in area. "Area," as applied to the size of any sign, shall mean the maximum projected area of the shape which encloses the sign structure, device or representation. A sign permit shall not be required for temporary real estate signs.
(8) 
Location, relocation or arrangement of signs exceeding six square feet in area. Application for site plan approval must be submitted to the Planning Board, and such application may consist of six copies of a sketch plat showing specific details for the Board to make a review thereof.
(9) 
Billboards. No billboard shall be permitted within the limits of the Borough.
(10) 
Special design criteria for commercial signs in the V-C Zone (Village Center) have been recommended in the Oceanport Master Plan, as revised by resolution of the Planning Board, adopted on May 28, 1997, and should be applied whenever possible.
[Added 6-23-1997 by Ord. No. 693]
The raising and keeping of reptiles, poultry, swine, horses, goats, cows or other large mammals, except as necessary to the permitted principal use in a B-2 District, is prohibited. Any building housing said animals shall be located at least 100 feet from any property line.
[Added 2-15-1990 by Ord. No. 603]
Materials designated in the Borough of Oceanport Recycling Ordinance, Chapter 325, Articles II and III, shall be separated from other solid waste by the generator, and a storage area for recyclable material shall be provided as follows:
A. 
For each subdivision application for 50 or more single-family units, the applicant shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclables, including but not limited to newspaper, glass bottles, aluminum cans and tin and bimetal cans. The storage area may be located in the laundry room, garage, basement or kitchen.
B. 
For each subdivision application for 25 or more multifamily units, the applicant shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one-week accumulation of mandated recyclables, including but not limited to newspaper, glass bottles, aluminum cans and tin and bimetal cans. The storage area may be located in the laundry room, garage, basement or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.
C. 
For each site plan application for commercial and industrial developments that utilize 1,000 square feet or more of land, the applicant shall provide the municipal agency with estimates of the quantity of mandated recyclable materials, including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans, high-grade paper and corrugated cardboard, that will be generated by the development during each week. A separated storage area must be provided to accommodate a one- to four-week accumulation of recyclable material. The municipal agency may require the location of one or more common storage areas at convenient locations within the development.
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
SWIMMING POOL, COMMERCIAL
A swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee, or operated as a service rendered by a hotel, motel or apartment development whose units are rented to transient or permanent residents.
SWIMMING POOL, PRIVATE
A swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and said pool is utilized with no admission charges and not for the purposes of profit.
B. 
Types of pools. The following are types of pools:
(1) 
Permanent inground.
(2) 
Permanent aboveground: Aboveground pools, equipped with fences, built above the top level of the pool.
(3) 
Temporary aboveground: Aboveground pools, not equipped with fences, built above the top level of the pool.
(4) 
"Wading pool" shall mean and include artificially constructed pools not designated or used for swimming, with a maximum area not exceeding 120 square feet and a maximum water depth not exceeding 12 inches.
C. 
Lighting. All lighting fixtures for a private swimming pool shall be installed so as to comply with all applicable safety regulations and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.
D. 
Electric lines. No overhead electric lines shall be carried across any swimming pool or wading area.
E. 
Permit required. It shall be unlawful to establish or construct a swimming pool without first obtaining a permit in the manner hereinafter prescribed. No permit shall be required for a wading pool.
F. 
Application for permit. Application for permits for the construction and maintenance of any swimming pool, as defined, shall be made to the Construction Official by the owner of the property upon which it is to be constructed or by the contractor who will construct the same. The application shall be accompanied by duplicate sets of plans, specifications and plot plans of the property. The plot plan shall show the location of the proposed pool on the property, together with any proposed accessory buildings. The plot plan shall also show the location, type and height of fencing or enclosure as may be required by this chapter. Such plot plan shall further indicate if the proposed pool will be higher than the existing grade of the property and, if so, by how much. No permit will be issued until a Borough Construction Official has inspected the premises upon which the pool will be constructed.
G. 
Fees. Fees for the construction of a swimming pool shall be based upon the cost of the pool and all installations, including fencing, filters, etc. The fee shall be $5 per $1,000 of cost and shall be payable at the time of application. The minimum fee shall be $25. Additional engineering fees may be required as hereinafter provided.
H. 
Location. An outdoor private swimming pool shall be located not less than 10 feet from the side or rear of the residence on a building lot, nor shall such pool be located less than 10 feet from any property line. No pool, pool fence or pool accessory shall be located in a front yard.
I. 
Drainage. If in the opinion of the Construction Official a drainage problem may be created by the construction of a pool, a drainage plan shall be furnished by the applicant. Such plan must be prepared by a licensed engineer and show contours at one-foot intervals. Such plan shall include the property upon which the pool will be installed and all adjacent properties. The plan shall be presented to the Borough Engineer for his review and approval. All engineering fees shall be borne by the applicant.
J. 
Location of pump. The pump of a filtration or pumping station of a private swimming pool shall be located not less than 10 feet from any side or rear property line.
K. 
Fencing.
(1) 
Permanent underground pools shall be surrounded entirely by a fence, with no opening greater than two-inch square and capable of holding a live load of 250 pounds between posts located not more than eight feet apart; provided, however, that the side(s) of the residence may serve as part of the enclosure. The fence shall be located not less than six feet from the closest edge of the pool. Fences shall at least be four feet high and, if made of wire, must be of the chain-link type. All supporting structures shall be on the inside of the fence.
(2) 
Permanent aboveground pools constructed with an attached fence at least four feet in height above ground level and capable of holding a live load of 250 pounds between posts located not more than eight feet apart shall need no additional fencing.
(3) 
Temporary aboveground pools, when not in use, must be emptied or covered with a suitable protective covering securely fastened or locked in place, unless enclosed by a fence meeting the requirements for a permanent underground pool.
(4) 
Waterfront properties.
(a) 
With regard to waterfront properties on which the swimming pool is located between the dwelling and the waterfront, no fence shall be required to enclose that side of the swimming pool which is parallel to the river, provided that:
[1] 
The entire waterfront of the property is bulkheaded, extending from sideline to sideline;
[2] 
The height of the bulkhead for its entire length is not less than four feet measured from the river bottom, thereby creating an effective barrier; and
[3] 
Both side fences aligned perpendicular to the bulkhead extend not less than 24 inches beyond the water side of the bulkhead.
(b) 
As to all other waterfront properties, the swimming pools shall be enclosed as provided in Subsection K(1) of this section.
L. 
Gates in fencing. Any opening or openings in the fence to afford entry to the pool shall be equipped with a gate similar to the fence and shall extend from not more than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, be equipped with a lock and key or padlock and chain and shall be kept locked except when the pool is in use. In the case of an aboveground pool where a ladder is required for entry and exit, a method must be provided for such ladder to be locked in the up position and must be so locked at all times when the pool is not in use.
M. 
Water supply. There shall be no physical connection between a potable public or private water supply system and a swimming pool below the maximum waterline of the pool or to a recirculating or heating system of such pool. The piping system shall be designed to circulate the pool water through filtering equipment. Potable water shall feed the pool with a downspout with an air gas not less than six inches from the pool overflow level. Potable water siphons will not be permitted to drain the pools. The installations, repair and control of plumbing facilities shall comply with the Plumbing Code and Sanitary Code of the Borough of Oceanport. All circulating units shall have sufficient capacity to recirculate the entire contents of the pool within eight hours or less.
N. 
Certificate of completion required. A certificate of completion must be issued by the Construction Official before a pool may be used. No certificate will be issued until all of the foregoing requirements have been complied with.
O. 
Operation and maintenance regulations.
(1) 
Nuisance. Any nuisance which may exist or develop in or in consequence of or in connection with any swimming pool shall be abated and/or removed by the owners.
(2) 
Mechanical defects and supervision. Whenever any swimming pool by reason of mechanical defects or lack of supervision is, in the opinion of the Board of Health, polluted and detrimental to health, it shall be closed to use.
(3) 
Operation and maintenance. Any accessory buildings or any other physical facility or equipment incident to the maintenance and operation of any swimming pool shall be in conformance with the rules and regulations of both the Board of Health and the Construction Official of the Borough of Oceanport.
P. 
Sanitation standards. All private swimming pools shall be constructed, installed and maintained so as to provide necessary equipment for chlorination and other disinfection and filtering to comply with approved bacteriological standards as may be promulgated by regulations issued by the Board of Health of the Borough of Oceanport. Such water treatment facilities shall be located below grade or, if above grade, be enclosed by a suitable structure.
Q. 
Enforcement; inspections. It shall be the duty of the Board of Health and/or the Construction Official to enforce the provisions of this chapter. It shall also be the duty of the owner of any pool to allow the Board of Health and/or the Construction Official access to any swimming pool or wading pool and appurtenances thereto for the purpose of inspection and to ascertain compliance with this chapter and all other pertinent ordinances at all reasonable times.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 9-18-2008 by Ord. No. 851]
It shall be unlawful for any person to park any trailer or camp car on any street in the Borough of Oceanport or on any premises within the limits of the Borough except for the purpose of repair or storage. Any such trailer or camp car undergoing repairs or being stored shall be kept within a building and shall not, during such period of repairs or storage, be used by any person as a dwelling or sleeping place.
[Added 8-21-2008 by Ord. No. 850]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COMMUNICATIONS TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term shall include the structure and any support thereof.
B. 
Applicability.
(1) 
All communications towers within the Borough of Oceanport shall be subject to these regulations, except as provided in Subsections B(2) and (3) below.
(2) 
This section shall not govern any tower that is under 35 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(3) 
Lawful, preexisting, nonconforming towers and antennas, as hereinabove described, shall be entitled to the protections and limitations available to lawful, preexisting, nonconforming structures.
C. 
Locations permitted. A communication tower shall be a permitted conditional use in all zones within the Borough of Oceanport, subject to the following conditions:
(1) 
Communication towers shall only be permitted on property owned, leased or otherwise controlled by the Borough of Oceanport.
(2) 
No communication tower shall be erected or operated within the Borough except pursuant to a resolution of approval adopted by the Mayor and Council of the Borough of Oceanport and a license or lease approved by same.
(3) 
No communication tower shall be erected or operated on property owned or operated by the Board of Education or in any park or other recreation facility.
(4) 
No communication tower shall stand more than 100 feet for a single carrier, 125 feet for two carriers and 130 feet for three or more carriers.
(5) 
No communication tower shall be erected or operated within a fall zone, which shall be established such that the tower is set back 150% of the height of the tower from any adjoining lot line or nonappurtenant building.
(6) 
In the event any communication tower shall be abandoned or not operated for a period of one year, the same may be removed, at the option of the Borough of Oceanport, at the sole expense of the operator.
[Added 8-15-2013 by Ord. No. 919]
A. 
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Clerk or other official designated to license dogs in the municipality where such establishment is located, for a license entitling him to keep or operate such establishment.
B. 
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the local municipality.
C. 
All licenses issued for a kennel, pet shop, shelter, or pound shall state the purpose for which the establishment is maintained, and all licenses shall expire on the last day of June of each year, and be subject to revocation by the Borough on recommendation of the Department of Health or the local board of health for failure to comply with rules and regulation of the state department or local board governing the same, after the owner has been afforded a hearing by either the state department or local board, except as provided in N.J.S.A. 4:19-15.8c.
D. 
The Borough may issue a license for a pet shop that permits the pet shop to sell pet supplies for all types of animals, including cats and dogs; however, no license shall be permitted allowing the sale of either cats or dogs at pet shops throughout the Borough.
E. 
Preexisting pet shops, operating contrary to the provisions of this section, shall be grandfathered as preexisting nonconforming uses.
[Added 2-18-2016 by Ord. No. 962]
A. 
Area of tract. The minimum tract area shall be the entirety of the RMW zone; no subdivision shall be permitted. This shall not preclude dedication of land or easements for public right-of-way, public access or other public purpose.
B. 
Maximum density. The maximum gross density for the tract shall be 11 dwelling units per acre. Notwithstanding, the maximum number of dwelling units on a tract shall be 20 dwelling units.
C. 
Bulk building requirements.
(1) 
Building setbacks.
(a) 
Front yard setback: two-story building, 25 feet; three-story building, 35 feet.
(b) 
Side yard setback: 10 feet.
(c) 
Rear yard setback: 25 feet.
(d) 
Mean high-water line setback: 150 feet.
(2) 
Building height.
(a) 
Where off-street parking is located beneath the building: the maximum building height shall be three stories or 45 feet (parking level constitutes a story).
(b) 
Where off-street parking is not located beneath the building: the maximum building height shall be two stories or 35 feet.
(3) 
Building coverage. Not more than 25% of the tract area may be occupied by buildings.
(4) 
Impervious coverage. Not more than 75% of the tract may consist of impervious cover.
D. 
The front of residential buildings shall be oriented toward public or private streets or open water.
E. 
Architectural styles must be compatible with the turn of the century racetrack/seaside village theme. Architectural styles must not be mixed in the same building. The use of detailing, such as window shutters on upper floors, is recommended and encouraged where appropriate to the architectural style. Blank walls will not be allowed.
(1) 
Vinyl siding shall be prohibited.
F. 
Circulation.
(1) 
Vehicle access to residential buildings shall take place at the rear of the buildings.
(2) 
Sidewalks shall be provided on both sides of each private or public street or drive.
(a) 
Sidewalks shall have a minimum width of four feet.
(3) 
A public walkway shall be provided along the waterfront of the Oceanport Creek.
(a) 
A public easement of 20 feet in width shall be provided for the walkway.
(b) 
The public walkway shall have a minimum width of 10 feet.
G. 
Planting and buffer requirements.
(1) 
A ten-foot planted buffer shall be provided along the side and rear yards.
(2) 
Planted buffers shall consist of a mix of evergreen trees, deciduous trees and ornamental trees and shrubs.
(3) 
All parking shall be screened from adjacent residential properties and public/private streets and drives. Screening shall consist of an evergreen hedge or shrubs at a minimum planting height of four feet. A fence may be used in lieu of plantings.
(4) 
Shade trees shall be provided in all uncovered off-street parking areas at a ratio of one tree per three parking spaces.
H. 
Lighting.
(1) 
Adequate lighting to ensure safe pedestrian and vehicle travel shall be provided.
(2) 
All light fixtures shall be shielded with a ninety-percent cutoff.
(3) 
Site lighting shall meet the standards in the IESNA Lighting Handbook, 9th edition or as may be amended, for maintained illuminance values for parking lots - basic (figure 61) and average maintained illuminance level for pedestrian ways (figure 63).
(4) 
The maximum height of light fixtures shall be 16 feet.
I. 
Parking.
(1) 
Surface parking and individual residential garages shall not be visible from public streets.
(2) 
Parking may be provided beneath or as the first story of any structure.
(3) 
Parking setback.
(a) 
Side or rear yard abutting a nonresidential or mixed use: 10 feet.
(b) 
Side or rear yard abutting open water: 30 feet.
(c) 
Front yard where off-street parking is located beneath the building: not less than the setback of the front facade for the principal building.
(d) 
Front yard where off-street parking is not located beneath the building: 50 feet.
(4) 
Residential parking shall be provided pursuant to the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21).
J. 
Affordable housing contribution.
(1) 
Twenty percent of the dwelling units developed shall be affordable dwelling units.
(2) 
The affordable dwelling units shall meet all applicable regulations of the Council on Affordable Housing and the Uniform Housing Affordability Control rules (N.J.A.C. 5:80-26 et seq.), including but not limited to bedroom distribution, income distribution and affordability controls.
[Added 4-19-2018 by Ord. No. 986]
Businesses engaged in the growth or sale of medicinal or recreational marijuana or paraphernalia that facilitates the use of marijuana shall be prohibited in all zoning districts, including R-1, which encompasses the parcel(s) known as the former Fort Monmouth property.