[Amended 5-2-1995 by Ord.
No. 1209; 7-6-1995 by Ord. No. 1215; 2-20-1996 by Ord. No. 1224; 5-6-1997 by Ord. No. 1261; 8-5-1997 by Ord. No. 1268; 5-5-1999 by Ord. No. 1325; 11-3-1999 by Ord. No. 1339; 12-19-2000 by Ord. No. 1382; 12-18-2001 by Ord. No. 1393; 9-10-2002 by Ord. No. 1420; 8-20-2002 by Ord. No. 1423; 12-3-2002 by Ord. No. 1429; 8-16-2005 by Ord. No. 1478; 5-16-2006 by Ord. No. 1486; 3-18-2008 by Ord. No. 1531; 5-7-2013 by Ord. No. 1625; 3-4-2014 by Ord. No. 1640; 6-4-2014 by Ord. No. 1649; 12-18-2018 by Ord. No. 1770]
Before a construction permit or certificate of occupancy shall
be issued for any conditional use as permitted by this chapter, application
shall be made to the Planning Board. The review by the Planning Board
of a conditional use shall include any required site plan review pursuant
to this chapter. Public notice and a hearing shall be required as
stipulated in this chapter.
A.
Public utility uses.
(1)
For purposes of this chapter, the term "public utility uses" shall
include such uses as telephone dial equipment centers, power substations
and other utilities serving the public, such as sewage treatment plants,
but shall exclude dumps and sanitary landfills.
(2)
The proposed installation in a specific location must be necessary
for the satisfactory provision of service by the utility to the neighborhood
or area in which the particular use is located.
(3)
The design of any building in connection with such facilities must
not adversely affect the safe, comfortable enjoyment of property rights
in the surrounding area.
(4)
Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Code in effect at
the time of the construction.
(5)
Landscaping, including shrubs, trees and lawns, shall be provided
and maintained.
(6)
Off-street parking shall be provided as determined by the Planning
Board during site plan review.
B.
Car washes.
(1)
The minimum lot size for a car wash shall be 24,000 square feet,
the minimum frontage shall be 120 feet and the minimum lot depth shall
be 200 feet. The front yard minimum shall be 40 feet and the side
and rear yard minimums shall be 20 feet.
(2)
All mechanical activities must be conducted within a totally enclosed
building.
(3)
Off-street parking shall be provided in accordance with the following
schedule: Three access lanes for each mechanized car wash entrance
with each lane having a minimum capacity for 15 vehicles at the entrance
and six vehicles at the exit of the washing equipment; one separate
space for each waxing, upholstery cleaning or similar specialized
service area; and one space for each employee. All vehicle entrances
shall be from the rear of the building and all parked and waiting
vehicles shall be accommodated on the lot. Entrance access driveways
shall not be located within 300 feet of the intersection of any two
street lines or within 10 feet of any lot line.
(4)
One sign shall be permitted, either freestanding or attached, not
exceeding an area equivalent to 5% of the first floor portion of the
front facade or 50 square feet, whichever is smaller. Freestanding
signs shall be set back at least 10 feet from all street and lot lines.
(5)
No car wash shall be located within 200 feet of any firehouse, school,
playground, church, hospital, public building or institution. A minimum
fifty-foot setback is required between any building or driveway on
a lot utilized for a car wash and any residential use or district.
(6)
All of the other area, yard, building coverage, height, and general
requirements of the respective zone and other applicable requirements
of this chapter must be met.
C.
Senior citizen housing.
(1)
The maximum residential density shall not exceed 15 dwelling units
per gross acre.
(2)
No dwelling unit shall contain more than two bedrooms.
(3)
The maximum building height shall not exceed 35 feet and 2 1/2
stories.
(4)
A minimum of 1 1/4 parking spaces shall be provided for each
dwelling unit.
(5)
Individual dwelling units shall meet or exceed minimum design requirements
specified by the New Jersey Housing Finance and Mortgage Agency.
(6)
Prior to any City approval, the following prerequisites shall have
been accomplished:
(a)
Verification that there are adequate utility services and support
facilities for the project, including existing and/or proposed transit
and commercial establishments serving everyday needs, within a one-mile
walking distance of the proposed site.
(b)
Assurance that the occupancy of such housing will be limited
to households, the single member of which, or either the husband or
wife of which, or both, or any of a number of siblings or unrelated
individuals of which, or a parent of children of which is/are 62 years
of age or older, or as otherwise defined by the Social Security Act,
as amended, except that this provision shall not apply to any resident
manager on the premises.
(c)
Verification of preliminary approval of the project by any state
or federal agency which finances or assists the financing or operation
of such housing.
(7)
All other applicable requirements of this chapter must be met.
D.
Service stations.
(1)
The minimum lot size for service stations shall be 31,780 square
feet and the minimum frontage shall be 140 feet. The front yard minimum
shall be 40 feet and the side and rear yard minimums shall be 25 feet.
(2)
No service station shall be located within 200 feet of any firehouse,
school, playground, church, hospital, public building or institution.
No service station shall be located within 400 feet of any other service
station. A minimum fifty-foot setback is required between any building
or driveway on a lot utilized for a service station and any residential
use or district.
(3)
All appliances, pits, storage areas and trash facilities other than
gasoline filling pumps or air pumps shall be within a building. Gasoline
filling pumps and air pump islands shall be a minimum of 20 feet apart.
All lubrication, repair or similar activities shall be performed in
a fully enclosed building, and no dismantled parts shall be displayed
outside of an enclosed building.
(4)
No junked motor vehicle or part thereof shall be permitted on the
premises of any service station. Moreover, no more than six motor
vehicles may be located upon any service station premises outside
of a closed or roofed building for a period of time not to exceed
seven days, and providing that the owners of said vehicles are awaiting
their repair.
(5)
Landscaping shall be provided in the front yard area and shall be
reasonably distributed throughout the entire front yard area.
(6)
The exterior display and parking of motor vehicles, trailers, boats
or other similar equipment for sale shall not be permitted as part
of a service station.
(7)
Service stations shall provide at least six off-street parking spaces
for the first lift, wheel alignment pit or similar work area; five
additional spaces for a second work area; and an additional three
spaces for each additional work area. Such spaces shall be separated
from the driveway and general apron areas which give access to the
gasoline and air pumps and service areas. No designated parking space
shall obstruct access to such facilities. No parking shall be permitted
on unpaved areas. Driveways shall be a minimum of 20 feet from all
lot lines, street intersections and other driveways on the same lot.
(8)
Service stations may be permitted one freestanding sign and one sign
attached flat against the building. The freestanding sign shall not
exceed an area of 20 square feet and shall be set back at least 10
feet from all street rights-of-way and lot lines. The attached sign
shall not exceed 30 square feet in area.
(9)
All of the other area, yard, and general requirements of the respective
zone and other applicable requirements of this chapter must be met.
E.
(Reserved)
F.
Adult business.
(1)
Due to the exceptional land use characteristics and locational impacts
of adult entertainment uses, which have a deleterious and destructive
effect upon land uses and values within the City of North Wildwood,
it is recognized that such businesses, to the extent that they promote
obscenity or sell obscene material or display obscene acts, should
be prohibited from the City, and those which are not determined to
be obscene should be restricted in such a way as to minimize their
adverse effect on property values, neighborhoods within the City,
public health, safety, comfort, morals, convenience, and general welfare
of the inhabitants and visitors of the City.
(2)
ADULT BOOKSTORE
ADULT BUSINESS
ADULT CABARET
ADULT MASSAGE PARLOR
ADULT MODEL STUDIO
ADULT MOTION PICTURE THEATRES
ADULT PRODUCTS
OBSCENE ACTS
OBSCENE MATERIAL
SPECIFIED SEXUAL ACTIVITY OR ANATOMICAL AREA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An establishment having, as a substantially significant portion
of its stock in trade, books, magazines, films for sale or viewing
on premises, by use of motion-picture devices or other coin-operated
means, or other periodicals which are distinguished or characterized
by their emphasis on matters depicting or relating to specified sexual
activities or specified anatomical areas.
A business which displays, shows, sells, rents, or otherwise
exhibits a display or depiction of a specific anatomical area for
specified sexual activity which emits sensuality but is not obscene.
A nightclub, theatre, or other establishment which features
live performances by topless and/or bottomless dancers, go-go dancers,
exotic strippers, or similar entertainers, where such performances
are distinguished or characterized by emphasis upon specified sexual
activity or specified anatomical areas.
A place where, for any form of consideration or gratuity,
massage, alcohol rub, administration of fomentations, electric or
magnetic treatments, or any other treatment or manipulation of the
human body occurs as part of, or in connection with, the specified
sexual activities, or when any person, providing such treatment, manipulation,
or service related thereto, exposes specified anatomical areas.
Any place where, for any form of consideration or gratuity,
male or female figure models who display specified anatomical areas
or provide to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by persons paying such consideration or gratuity.
Enclosed buildings used for presenting films consisting of
material distinguished or characterized by an emphasis on matters
depicting, describing, relating to specified anatomical area or specified
sexual activities.
Products which display or are a depiction of a specified
anatomical area, or of a specified sexual activity which emits sensuality
but is not obscene.
Acts which depict or describe, in a patently offensive way,
ultimate sexual acts, normal or perverted, actual or simulated, masturbation,
excretory functions or lewd exhibition of the genitals, which acts
lack serious literacy, artistic, political, or scientific value when
taken as a whole, and which to the average person, applying contemporary
community standards, has a dominant theme, taken as a whole, which
appears to the prurient interest.
Shall be defined as in N.J.S.A. 2C:34-2 and as amended from
time to time.
Shall be defined as in N.J.S.A. 2C:34-3 and as amended from
time to time.
(3)
It shall be unlawful to sell, offer for sale, or display obscene
material.
(4)
It shall be unlawful to own or operate any business such as an adult
bookstore, adult motion-picture theatre, adult cabaret, adult massage
parlor, or an adult movie studio in which obscene material is displayed
or sold or in which any obscene acts are carried on.
(5)
Adult businesses, including but not limited to, motion-picture theatres,
adult bookstores, adult cabarets, adult massage parlors, and adult
model studios, shall be subject to the following restrictions:
(a)
No adult business shall be located within 1,000 feet of a church
or school.
(b)
No two adult businesses shall be located within 600 feet of
each other.
(c)
The hours of operation shall be from 10:00 a.m. until 11:00
p.m., Monday through Saturday only.
(d)
The interior of each room shall be lighted and designed in such
a way that all parts of the same shall be readily visible to the sales
clerk, manager, operator and/or customers moving freely within the
building.
(e)
Advertisements and displays describing the goods or services
operated within the adult business premises shall not be visible from
the outside of the building, provided that the general nature of the
business, such as the words "books," "motion pictures," "nightclub,"
"massage," "modeling studio" and similar words of general description
shall be permitted upon signs permitted hereunder.
(f)
No loudspeaker or sound equipment shall be used which will emit
sound to the outside of the building.
(g)
An adult business shall be operated solely within a building
having at least 600 square feet used for the operation of the business
and no more than 900 square feet for such use.
(h)
Permitted signs shall be limited to lettering indicating the
name, address, and general nature of the business only and shall conform
in size to signs permitted within the CBD Central Business District.
(i)
Any adult business use shall be located in buildings no closer
than 200 feet to any residential use or district.
(j)
The exterior of the business premises shall be so constructed,
designed, or laid out so that no person outside the building can view
the interior thereof. The doors and windows shall be kept closed,
and adult products shall not be visible from the outside when the
door is opened for the purpose of entering or exiting the business
premises.
(k)
Any person or association of persons desiring to own or operate
an adult business in the City of North Wildwood shall be required
to file an application and obtain a license therefor and comply with
all other City codes.
G.
Bed-and-breakfast establishments.
(1)
Bed-and-breakfast establishments are permitted as conditional uses
in the R-1, R-1.5 and R-2 Districts only. The use must be accommodated
solely in an existing single-family dwelling which has been converted
for such use and licensed by the New Jersey State Department of Community
Affairs as a bed-and-breakfast establishment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The residential character of the lot and dwelling shall not be changed;
if additions or expansions to the principal dwelling are proposed,
such additions or expansions shall maintain the architectural style
and facade of the principal dwelling.
(3)
Whether or not a central dining area is provided, breakfast is the
only meal to be served and shall be provided only to the registered
guests of the bed-and-breakfast establishment.
(4)
Sufficient off-street parking shall be provided on the lot to accommodate
all guests and, in any case, one space per each sleeping room, plus
two spaces for the permanent living quarters of the owner shall be
provided at minimum.
(5)
One attached sign, not to exceed six square feet in size, is permitted.
(6)
All of the other area, yard, building coverage and height requirements
of the respective zone and other applicable requirements of this chapter
must be met.
H.
Water-oriented uses.
(1)
Principal uses which meet the definition of "water-oriented" uses pursuant to Article II shall be permitted in the BB District and the NWM North Wildwood Marina District, subject to review by the Planning Board for a determination of the appropriateness of the proposed use. Said uses must serve the general public and shall be of a commercial type.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The requirements of the respective zone and other applicable requirements
of this chapter must be met except that the yard adjacent to the water
or beach may be reduced to four feet and further that any structure,
either attached or unattached, that extends beyond the setback area
on the water side of the lot may do so if said structure is necessary
for the operation of the principal use located on the lot.
I.
Restaurants serving alcoholic beverages in the OS Zoning Districts. Restaurants serving alcoholic beverages shall be permitted in the OS Zoning Districts as conditional uses, subject to compliance with the conditions outlined within § 276-20.1C(4).
[Amended 6-7-2023 by Ord. No. 1904]
J.
Restaurants serving alcoholic beverages in the P (Pier) or B (Boardwalk) Zoning Districts. Restaurants serving alcoholic beverages shall be permitted in the Pier or Boardwalk Zoning Districts as conditional uses only. All facilities serving alcoholic beverages in the Pier or Boardwalk Zoning Districts must meet the conditions set forth in Subsection J(1) below.
[Amended 6-7-2023 by Ord. No. 1904]
(1)
General requirements for all facilities serving alcoholic beverages
in the P (Pier) and B (Boardwalk) Zoning Districts.
(a)
No alcoholic beverages may be removed from the premises by a
patron at any time. No packaged goods sales are permitted.
(b)
Each licensed facility shall contain restroom facilities for
men and women.
(c)
No more than a combined total of 50% of municipal liquor licenses
shall be permitted to be located in the Pier or Boardwalk Zoning Districts.
Motel licenses shall be exempt from this total.
(d)
All regulations of the Alcoholic Beverage Control Authority and all regulations contained in Chapter 114, Alcoholic Beverages, of the Code of the City of North Wildwood, to the extent not inconsistent with these conditions, shall remain applicable to all facilities.
(e)
To the extent not inconsistent with this subsection, all applicable
requirements of the Zoning Ordinance must be met for all facilities.
(f)
Approval of the transfer of the liquor license to any facility
in the Pier or Boardwalk Zoning Districts must be approved by the
City Council.
(g)
Signs indicating the legal drinking age and that the facility
will check identification are to be displayed at every outlet where
the public may purchase alcoholic beverages.
(h)
The restaurant shall have a minimum of 50 seats for the service
of meals.
(i)
The restaurant shall be a full-service restaurant capable of
furnishing complete meals.
(j)
Restaurants are permitted to have a separate customer waiting
bar for the service of restaurant customers so long as the bar is
within the confines of the restaurant.
(k)
Sale of alcoholic beverages shall only be permitted between
the hours of 7:00 a.m. and 12:00 midnight, prevailing time, and no
consumption of alcoholic beverages shall be permitted after 12:30
a.m. and prior to 7:00 a.m., prevailing time.
A.
Christmas tree sale. The annual sale of Christmas trees is permitted
between December 1 and December 25, inclusive.
B.
Parking of commercial vehicles in residential zones. One registered
commercial vehicle of a rated capacity not exceeding one ton on four
wheels, owned or used by a resident of the premises, shall be permitted
to be regularly parked or garaged on a lot in any residential district,
provided that said vehicle is parked in a side or rear yard area,
which area is relatively unexposed to neighboring properties and is
screened from neighboring properties by plantings at least five feet
in height. For purposes of this chapter, a "commercial vehicle" is
a bus and/or vehicle containing advertising matter intending to promote
the interest of any business, whether or not said vehicle is registered
as a commercial vehicle with the New Jersey State Division of Motor
Vehicles, except that this provision shall not be deemed to limit
construction equipment which is used on the site for construction
purposes.
C.
Public election voting places. The provisions of this chapter shall
not be construed as to interfere with the temporary use of any property
as a voting place in connection with a municipal or other public election.
D.
Public utility lines. Public utility lines for the transportation
and distribution and control of water, electricity, gas, oil, steam,
telegraph and telephone communications, and their supporting members,
other than buildings or structures, shall not be required to be located
on a lot, nor shall this chapter be interpreted as to prohibit the
use of a property in any zone for the above uses.
No townhouse or apartment dwelling unit shall be constructed
in the City unless the dwelling is part of an approved site plan and
unless the following minimum standards are met in addition to other
applicable requirements of this chapter:
A.
Each building and complex of buildings shall have an architectural
theme with appropriate variations in design to provide attractiveness
to the development, compatible within the development and in relation
to adjacent land uses. Such variations in design shall result from
the use of landscaping and the orientation of buildings to the natural
features of the site and to other buildings as well as from varying
unit widths, using different exterior materials, changing roof lines
and roof designs, varying building heights and changing window types,
shutters, doors, porches and exterior colors. Architectural elevations
shall be submitted to the Board for review and approval.
B.
All dwelling units shall be connected to approved functioning water
and sanitary sewer systems prior to the issuance of a certificate
of occupancy.
C.
All parking facilities shall be on the same site as the building
and located within 150 feet of the nearest entrance of the building
they are intended to serve. This distance requirement does not apply
to townhouses or apartment dwelling units in the TH District. Parking
spaces shall be provided in areas designed specifically for parking
and there shall be no parallel or diagonal parking along interior
streets.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
No outside area or equipment shall be provided for the hanging of
laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each building for
the laundering and artificial drying of the laundry of the occupants
of each building.
E.
Dwelling units shall have access to a master television antenna system
and individual townhouse units may not erect individual external television
antennas.
F.
Each unit shall have the following minimum net habitable floor areas:
|
Apartments
|
Square Feet
|
Townhouses
|
Square Feet
|
|---|---|---|---|
|
Efficiency
|
500
| ||
|
One-bedroom
|
600
|
One-bedroom
|
700
|
|
Two-bedroom
|
725
|
Two-bedroom
|
850
|
|
Three-bedroom
|
875
|
Three-bedroom
|
1,000
|
G.
For each apartment unit, in addition to any storage area contained
inside individual dwelling units, there shall be provided for each
dwelling unit 250 cubic feet of storage area in a convenient, centrally
located area in the cellar, basement or ground floor of the building
where personal belongings and effects may be stored without constituting
a fire hazard and where said belongings and effects may be kept locked
and separated from the belongings of other occupants.
H.
Recycling provisions.
(1)
There shall be included in any new apartment or townhouse development
an indoor or outdoor recycling area for the collection and storage
of residentially generated recyclable materials. The dimensions of
the recycling area shall be sufficient to accommodate recycling bins
or containers which are of adequate size and number and which are
consistent with anticipated usage and with current methods of collection
in the area in which the project is located. The dimensions of the
recycling area and the bins or containers shall be determined in consultation
with the City Recycling Coordinator and shall be consistent with the
district recycling plan adopted pursuant to Section 3 of P.L. 1987,
c. 102 (N.J.S.A. 13:1E-99.13).
(2)
The recycling area shall be conveniently located for the residential
disposition of source separated recyclable materials, preferably near,
but clearly separated from, a refuse dumpster.
(3)
The recycling area shall be well lit and shall be safely and easily
accessible by recycling personnel and vehicles. Collection vehicles
shall be able to access the recycling area without interference from
parked cars or other obstacles. Reasonable measures shall be taken
to protect the recycling area and the bins or containers placed therein
against theft of recyclable materials, bins or containers.
(4)
The recycling area or the bins or containers placed therein shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
(5)
Signs clearly identifying the recycling area and the materials accepted
therein shall be posted adjacent to all points of access to the recycling
area. Individual bins or containers shall be equipped with signs indicating
the materials to be placed therein.
(6)
Landscaping and/or fencing, at least six feet in height, shall be
provided around any outdoor recycling area and shall be developed
in an aesthetically pleasing manner.
I.
No townhouse dwelling unit shall be less than 20 feet wide.
Lot and yard dimensions encompassing individual townhouse dwelling
units may be freely disposed and arranged on a tract of land, provided
they are superimposed upon an approved site plan for the subject development.
Additionally, the following provisions shall be met:
A.
The boundaries of any lot shall not infringe upon any common open
space land areas, nor shall the boundaries of any lot be closer than
five feet from any driveway or parking lot area.
B.
No lot line shall be located closer than 15 feet from any tract property
line nor closer than 10 feet from any street.
C.
No construction permit shall be issued for any townhouse dwelling
unit, at any time, unless the proposed construction is in accordance
with the approved site plan, and this condition shall be recited in
the deed of the subdivided townhouse lot.
