[1]
Editor's Note: The title of Art. IV was amended 6-27-2013 by Ord. No. 2013-13.
[Amended by Ord. No. 1999-30; Ord. No. 2000-21; 5-8-2008 by Ord. No. 2008-11; 4-14-2016 by Ord. No. 2016-3; 6-18-2020 by Ord. No. 2020-6; 4-19-2022 by Ord. No. 2022-7 ; 8-20-2024 by Ord. No. 2024-18]
A. 
Any accessory building attached to a principal building is considered part of the principal building and shall adhere to the yard requirements for the principal building. For an accessory structure to be considered attached to a principal building, at least 50% of one of the structural walls of the accessory building shall be coincident with the principal structure. Any accessory building connected to the principal building by way of an enclosed walkway or breezeway shall be considered detached.
B. 
Accessory buildings shall not exceed 24 feet in height, as defined and measured in Article I of this chapter, or unless otherwise provided in this chapter.
C. 
Any detached accessory building shall conform to all front, rear and side yard requirements unless otherwise provided in this chapter, except that accessory buildings located on lots in waterfront zone districts (R-1, R-1A, WD, R-SP, R-SC, R-HH, R-PB, R-BH or R-BB) or directly abutting a lagoon or bay shall conform to all principal building setbacks.
D. 
This maximum top plate height shall not exceed 12 feet above finished floor or 13 feet above grade.
E. 
No habitable or occupiable space, as defined by the most recent and current edition of the ICC, shall be permitted above the maximum top plate height.
F. 
Roof pitch and height may fluctuate so long as the underside of any rafter shall not be greater than six feet 10 inches above any second level floor or attic floor, measured at a point 21 inches horizontally offset from a line plumb to the highest point of the roof.
G. 
No portion of an accessory building shall be utilized as habitable space as defined by the Uniform Construction Code.
H. 
Maximum lot coverage by accessory buildings in nonwaterfront zones. The maximum lot coverage of all accessory buildings and structures shall not exceed the area as outlined in Schedule B.[1] Retaining walls, swimming pools and hot tubs shall not be subject to this requirement.
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
I. 
Maximum square footage of an accessory building in waterfront zones. The maximum square footage of an accessory building shall not exceed 50% of the square footage of the principal building which said accessory building is intended to serve.
J. 
(Reserved)
K. 
In waterfront zones (R-1, R-lA, WD, R-SP, R-SC, R-HH, R-PB, R-BH or R-BB) or on any property directly abutting a lagoon or bay, customary accessory structures shall conform to all principal building setbacks.
L. 
Customary accessory structures that comprise any portion of the building support utility system for a principal building or use located in a flood hazard area (FHA) as defined by N.J.A.C. 7:13 shall be elevated to a height equal to one foot above the flood hazard area design flood elevation as defined by N.J.A.C. 7:13.
[Added 4-19-2022 by Ord. No. 2022-7]
Operation of generators on residential properties shall be permissible, subject to the following provision:
A. 
Definitions. For the purposes of this section, the terms herein are defined as follows:
EMERGENCY
The loss of primary power due to power outage due to a natural or man-made event beyond the control of the property owner or occupant. For the purposes of this section, a residential household's failure to pay a gas or electric bill and/or the loss of gas or electrical service shall not constitute an emergency.
GENERATOR
Reciprocating internal combustion engine or solar device used to supply backup electric power when local utility is unavailable. This definition includes all associated equipment.
B. 
Permit required; location for outside equipment.
(1) 
No generator shall hereafter be permanently installed or permanently connected to service any existing residential dwelling unless such generator meets the requirements of this section and a permit to do so is first obtained from the Construction/Zoning Official.
(2) 
All permanently installed generators shall be located in the side yard of the lot.
(3) 
All screening or fencing shall be placed in accordance with the generator manufacturer's recommendations, the requirements of the most currently adopted UCC/DCA codes and the zoning requirements of the Township of Ocean. All screening or fencing shall be maintained as originally approved. If the screening or fencing is not so maintained, any permit granted is subject to immediate revocation by the Construction/Zoning Official.
C. 
Conditions for temporary placement. Except for generators serving a public purpose and owned and operated by the Township, generators temporarily used on a residential property shall be allowed only as follows:
(1) 
Only one generator with an output of not more than 24kW is allowed.
(2) 
The generator shall be positioned adjacent to the central air conditioning unit and shall extend no farther from the structure than the central air conditioning unit. If a property lacks a central air conditioning unit, the generator must meet the side yard setback requirements for an accessory structure in the zone.
(3) 
The generator shall be installed and operated in accordance with the recommendation of the manufacturer and in accordance with New Jersey Department of Community Affairs regulations.
(4) 
The generator shall be used only during periods of emergency for the duration that the local utility is unavailable; for periodic testing and necessary maintenance operations; or for operation of equipment attendant to the construction or renovation of a residential dwelling.
(5) 
The generator shall be exempt from the provisions of Chapter 245, Noise, of the Township Code only when used for emergency purposes, testing or repairs and when outfitted with a working muffler.
D. 
Conditions for permanent placement. Except for generators serving a public purpose and owned and operated by the Township, generators permanently installed shall be allowed only as follows:
(1) 
Only one generator with an output of not more than 24kW is allowed.
(2) 
The generator shall be positioned adjacent to the central air conditioning unit and shall extend no farther from the structure than the central air conditioning unit. If a property lacks a central air conditioning unit, the generator must meet the side yard setback requirements for an accessory structure in the zone.
(3) 
The generator shall be installed in accordance with the most current editions most currently adopted UCC/DCA codes.
(4) 
The footprint of the generator, including the pad, will not be counted as impervious coverage.
(5) 
The footprint, including the pad and cover, shall not exceed 15 square feet and a height of four feet, unless flood zone requirements dictate higher placement.
(6) 
The generator shall be used only during periods of emergency for the duration that the local utility is unavailable, or for periodic testing and necessary maintenance operations.
(7) 
The generator shall be exempt from the provisions of Chapter 245, Noise, of the Township Code only when used for emergency purposes, testing or repairs and when outfitted with a working muffler.
(8) 
The exhaust of the generator shall, as much as practically feasible, be vented upwards or directed away from neighboring properties.
(9) 
The generator shall be operated for routine testing and maintenance purposes not more than one time any seven-day period, and no test shall exceed 30 minutes. Testing of emergency generators is permitted between the hours of 10:00 a.m. and 5:00 p.m. Monday through Saturday, excluding holidays.
(10) 
Testing may be conducted when the unit is being repaired, provided that such testing period shall not exceed 30 minutes and shall be conducted only between the hours of 10:00 a.m. and 5:00 p.m. Monday through Saturday, excluding holidays.
E. 
Application for permit. The application for the installation of a permanently installed generator in accordance herewith, on forms supplied by the Construction/Zoning Official, shall be accompanied by a drawing or survey prepared by a licensed land surveyor of the State of New Jersey, showing the property lines of the lot, the location of the building or structure, the front, side and rear yard dimensions and the proposed location, drawn to scale, of the generator.
F. 
Zoning application fee. Every application for installation/use of a permanently installed generator to serve a residential dwelling, building, or other structure shall be accompanied by a zoning fee in the amount of $50; the applicant must also provide any construction fees that may be required.
G. 
Inspections required. No permanently installed generator shall be placed in operation, or routinely tested on a residential property, unless and until inspected and approved by the Construction/Zoning Official.
H. 
Enforcement. The enforcement of the provisions of this section shall be within the jurisdiction of the Construction/Zoning Official or their designee in the Township of Ocean Police Department.
I. 
Violations and penalties. Any person, firm, corporation, or other entity who shall violate any of the provisions of this section shall, upon conviction, be subject to a fine not exceeding $1,000, imprisonment up to 90 days, and each day that such violation shall continue shall be deemed a separate offense.
J. 
Relief from standards imposed. The Zoning Board of Adjustment shall have jurisdiction to grant variances from any land use regulation set forth in this section in accordance with the provisions of the Municipal Land Use Law and the Code of the Township of Ocean.
K. 
Superseded provisions. To the extent the provisions of this section are inconsistent with other provisions of the Township Code, including but not limited to § 410-38, the provisions of this section shall supersede such provisions.
[Amended by Ord. No. 1999-30; 6-27-2013 by Ord. No. 2013-13; 4-14-2016 by Ord. No. 2016-3]
Tool and utility sheds shall be subject to the following limitations:
A. 
Tool and utility sheds in lawful existence prior to the adoption of Ord. No. 2013-13 shall be permitted to remain. Lawfully existing sheds may be repaired, however; they shall not be replaced unless in conformance with the requirements below.
B. 
Single-family residential properties within waterfront zones may construct one shed, not more than 120 square feet in area, not more than 15 feet in height, with a minimum side yard setback of three feet and a minimum rear yard setback of three feet. In no case shall a shed be closer than 15 feet from a bulkhead.
[Amended 6-18-2020 by Ord. No. 2020-6]
C. 
Single-family residential properties within nonwaterfront zones are allowed accessory structures up to the maximum accessory structure lot coverage as limited under Schedule B.[1] Accessory structures shall meet all principal building setbacks.
[Amended 6-18-2020 by Ord. No. 2020-6]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
D. 
All tool and utility sheds shall be properly anchored to the satisfaction of the Township Construction Code Official, to ensure the safety of the residents of the Township.
E. 
Tools and utility sheds shall not encroach within the front yard setback of any property and shall not be closer to the street than the principal structure.
[Added 6-18-2020 by Ord. No. 2020-6]
[Amended 4-14-2016 by Ord. No. 2016-3]
A. 
No private residential pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be accessory to the residence.
B. 
Swimming pools shall adhere to the following requirements:
[Amended 4-19-2022 by Ord. No. 2022-7; 11-22-2022 by Ord. No. 2022-19]
(1) 
Inground swimming pools and pool equipment in all districts shall be 10 feet from the side property lines and 10 feet from the rear property lines.
(2) 
Aboveground swimming pools or hot tubs and equipment located on lots within waterfront zones, but not abutting the waterfront, shall be set back 10 feet from the side yard property line and 10 feet from the rear yard property line.
(3) 
Aboveground pools or hot tubs and equipment located on lots that abut the water shall meet the side yard and rear yard setbacks for the principal building.
(4) 
Aboveground pools or hot tubs and equipment not located on lots within the waterfront zones or on lots directly abutting a lagoon or bay shall be 10 feet from the side property line and 10 feet from the rear property line and/or bulkhead and not exceed 4.5 feet in height as measured from the average elevation of the finished grade to the top of the pool or hot tub or equipment.
(5) 
Screening for pool equipment shall not be higher than the height of the equipment.
(6) 
Retaining walls, needed for the purposes of grading and directly abutting an inground swimming pool, and no more than 24 inches in height, shall be permitted within the side and rear yard setbacks of a property.
C. 
Pools shall otherwise be installed, operated and used in accordance with other health and safety ordinances regarding water filtration, circulation and treatment, fencing, noise and lighting. A pool permit shall be obtained from the Township.
[Amended 4-14-2016 by Ord. No. 2016-3]
The outdoor storage of an unoccupied recreational vehicle, motor home, trailer, camper, boat, or commercial vehicle shall be permitted on residential lots used for single-family dwellings, provided that:
A. 
Such storage shall not be located closer than 10 feet to any front property line.
B. 
Boats and trailers, a travel trailer, camper or commercial vehicle shall not be closer than five feet to the side property line and 10 feet to the rear lot line, excluding in the driveway area.
[Amended 8-3-2023 by Ord. No. 2023-16]
C. 
No more than four such recreational vehicles, motor homes, travel trailers, campers, boats, or commercial vehicles, or any combination thereof, shall be so stored; provided, however, a boat attached to a boat trailer shall be considered one vehicle.
[Amended 8-3-2023 by Ord. No. 2023-16]
D. 
No travel trailer, camper, or boat stored in conformance with this section shall remain in such storage for longer than 12 consecutive months.
E. 
The storage of any such vehicles in accordance with this section shall be conducted in an orderly manner and shall not have a negative visual impact on adjacent properties or the surrounding neighborhood.
F. 
Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections other than those required for vehicle maintenance.
G. 
No trailer, auto trailer, trailer coach, travel trailer or camper shall be used for dwelling purposes or as sleeping quarters for one or more persons, nor shall any such trailer or camper be used for storage or space for the permanent conduct of any business, profession, occupation or trade, except that such facilities may be used for temporary residency for the temporary replacement of a damaged dwelling unit and for temporary use as a construction located on a site during construction, provided that a temporary permit has been issued for its use. This section shall not be construed so as to prohibit the parking or storage of such trailers and campers on private premises or the recreational use of same in campgrounds in conformance with all applicable ordinances and codes.
[Amended by Ord. No. 2003-4]
Permits may be issued for up to 90 days, subject to one renewal of 90 days; provided, however, that each trailer shall require a separate permit and only one renewal may be issued by the zoning official. Applications for further renewal must be made to the Township Committee, which may issue further renewals upon proof of good cause. Action on the renewal must be made at a Township Committee meeting.
[Added by Ord. No. 2003-28; amended by Ord. No. 2004-2]
A. 
Quonset huts shall be considered an accessory building. Such structures will be considered permanent structures in the event they remain on the property in excess of six months. At the conclusion of a six-month period, the structure shall be considered a permanent accessory building or structure. All other zoning regulations applying to accessory buildings, structures and/or uses shall apply to Quonset huts.
B. 
Quonset huts shall include prefabricated shelters set on the foundation of bolted steel trusses or simply set upon the ground, built with a semicircular arching roof or corrugated metal, either insulated with wood, fiber or not. The term "Quonset huts" shall also include in the definition thereof, portable garages made with a membrane structure consisting of steel, wood or plastic frame, and/or rafters and covered with either plastic, or other nonmetal materials, commonly referred to as "portable garages." Such portable garages and/or Quonset huts shall be considered as a permanent accessory building or structure and all zoning regulations applying to such accessory building, structures and/or uses shall apply to those terms defined herein as "Quonset huts."
[Added 6-27-2013 by Ord. No. 2013-13; amended 4-14-2016 by Ord. No. 2016-3]
Decks shall conform to the required principal setbacks for the zoning district in which they are located with the following exceptions:
A. 
Any lawfully existing deck, prior to the effective date of Ord. No. 2013-13, shall be allowed to be repaired or replaced, provided that said repairs and/or replacement do not increase the size and/or height of the deck. The existence of the deck, prior to the effective date of Ord. No. 2013-13, shall be demonstrated by the property owner to the satisfaction of the Zoning Officer and may be established by survey containing the deck location and elevation, which was certified prior to the effective date of Ord. No. 2013-13 and by such other evidence as acceptable to the Township's Zoning Officer.
B. 
Lots located in waterfront zones (R-1, R-1A, WD, R-SP, R-SC, R-HH, R-PB, R-BH or R-BB) or on lots directly abutting a lagoon or bay may construct a deck between the bulkhead line and the required principal setback line, exclusive of any front yard areas or within five feet of a side property line. Decks and patios constructed within this area shall be no more than 12 inches in height, with the exception of handrails and decorative walls. Decorative walls shall directly abut the deck or patio and shall be no more than 24 inches in height. Decks and patios, including handrails and decorative walls, constructed within this area shall be permitted to extend along the length of the bulkhead, with the exception of any front yard areas or within five feet of a side property line.
[Amended 11-22-2022 by Ord. No. 2022-19]
C. 
Decks constructed on lots in waterfront zones (R-1, R-1A, WD, R-SP, R-SC, R-HH, R-PB, R-BH or R-BB) or on lots directly abutting a lagoon or bay shall utilize guards or handrails with a minimum open area of 50% of the total guard or handrail length where such guards or handrails are required or proposed. Decks constructed on lots in all other zones shall be permitted to incorporate closed guards or handrails where required or proposed.
D. 
Lots located in the PRD Zone may construct a patio between the rear property line and the required principal setback line, but the patio cannot extend more than 50% into the established rear setback, with the exception of decorative walls. Patios may not extend beyond the face of the structure into the side yards. Patios constructed within the rear yard shall be no more than 12 inches in height, with the exception of decorative walls. Decorative walls shall directly abut the patio and shall be no more than 24 inches in height.
[Added 11-22-2022 by Ord. No. 2022-19]
[Added 6-27-2013 by Ord. No. 2013-13]
Exterior stairs and unroofed porches shall be subject to the following limitations:
A. 
Stairs, unroofed porches, ramps and other structures constructed to facilitate access to principal structures shall conform to the required principal setback for the zoning district with the following exceptions:
(1) 
Stairs, unroofed porches, ramps and other structures constructed to facilitate access to a principal structure may encroach upon the required building setback by an area not to exceed 40 square feet. One encroachment shall be permitted per lot. Encroachments shall not extend beyond six feet from the face of the building.
B. 
Under no circumstances shall any stairway, ramp, unroofed porch or other structure constructed to facility access to a principal or accessory structure encroach within 12 inches from a property line.
C. 
Stairs, unroofed porches, ramps and other structures constructed to facilitate access to accessory structures shall conform to the required setbacks for the accessory structure.
[Added 3-16-2021 by Ord. No. 2021-4]
A designated area on the premises of a retail food establishment or restaurant, but outside the principal building, and where patrons may sit at tables while consuming food and beverages, which shall be subject to the following provisions:
A. 
Temporary outdoor dining area; permit required.
(1) 
A temporary outdoor dining area as defined in this section may be established for any existing retail food establishment or restaurant facilities with a current interior dining area.
(2) 
No person shall operate a temporary outdoor dining area without a permit from the Township of Ocean. A permit for outdoor dining is limited to the period of April 1 through November 30 each calendar year. An annual permit shall expire on December 1 each year.
(3) 
Applicants shall apply for permit approval in accordance with the provisions of this chapter. All such applications must be approved by the Zoning Officer and shall be referred to the Chief of Police, who shall provide the Zoning Officer with written reports of their opinions and recommendations regarding the application.
(4) 
The applicant shall meet the general ordinance requirements and all other laws, rules, regulations and codes applicable to the proposed activity.
(5) 
Any restaurant or retail food establishment which has previously received approval by resolution of the Planning Board or Zoning Board of Adjustment for outside seating is exempt from the above permitting requirement. This exemption applies only for the specified number of seats permitted in the approving resolution.
(6) 
Temporary outdoor dining areas located on public sidewalk or public right-of-way or fire lane are prohibited.
(7) 
An application and permit shall be required for all temporary outdoor dining areas.
(a) 
All permits required by this section shall be applied for and obtained from the office of the Zoning Officer.
(b) 
The applicant proposing to establish a temporary outdoor dining area must provide current licensed occupancy.
(c) 
The applicant shall submit to the Zoning Officer a layout of the proposed seating areas, which shall include a depiction of all aisles, seating areas and means of ingress and egress. The applicant shall also detail proposed barriers such as large planters or shrubs, decorative fencing or vehicle barriers designed to enclose the eating area.
(d) 
The applicant shall detail plans to control litter and waste.
(8) 
All temporary outdoor dining areas shall comply with the following rules, regulations, and specifications.
(a) 
The Zoning Officer shall review each application to ensure that the proposed operation of the temporary outdoor dining area will not interfere with pedestrian or vehicular traffic. Six feet of unobstructed sidewalk. However, in no event shall the unobstructed sidewalk be less than four feet.
(b) 
The temporary outdoor dining area shall be operated and maintained in accordance with the outdoor seating plan.
(c) 
Any proposed temporary outdoor seating shall be in addition to any permitted indoor seating.
(d) 
No furniture, apparatus, decoration, or appurtenance used in connection with the operation of the temporary outdoor dining area shall be located in such a way as to impede the safe and speedy egress to or from any building or structure.
(e) 
The outdoor area used by the temporary outdoor dining area shall be kept clean and free of litter and shall be washed as required.
(f) 
Noise shall be kept at such a level as to comply in all aspects with the provisions of applicable ordinances of the Township.
(g) 
Temporary outdoor dining areas shall be permitted to operate from 7:00 a.m. until 10:00 p.m., Monday through Thursday, and 7:00 a.m. until 11:00 p.m., Friday through Saturday, and Sunday 7:00 a.m. until 10:00 p.m. during the months of April through November.
(h) 
Furniture, apparatus, decorations, and appurtenances must be maintained in an orderly fashion within the temporary outdoor dining area during hours of operation, and at closing a specific breakdown process must be implemented to assure the same.
(i) 
Canopies, tents, and/or umbrellas shall be permitted, provided same are set forth on the temporary outdoor dining plan submitted with the permit and approved by the Township.
(j) 
No outdoor bar or serving stations that require plumbing or electric are permitted.
(k) 
Applicants must comply with all ABC regulations and permit requirements pertaining to outdoor alcohol beverage sales and consumption. Any served or BYOB beverages must remain within approved designated areas.
(l) 
Temporary outdoor dining areas shall be solely an extension of the permitted business use within the adjacent building or storefront.
B. 
The temporary outdoor dining area shall be a permitted accessory use in the following zones:
(1) 
C-1 General Commercial District;
(2) 
C-2 Village Commercial District;
(3) 
WD Waterfront Development District;
(4) 
TC Town Center Redevelopment District; and
(5) 
TC-MXD Town Center Redevelopment Subdistrict.
C. 
Permit fee. Effective January 1, 2021, the fee for a temporary outdoor dining permit shall be $50. Any permits issued prior to January 1, 2021, shall not require a fee.