[Adopted 1-8-1992 by Ord. No. 1564; O-2 Zone deleted 1-26-2005 by Ord. No. 2003]
For the purpose of this chapter, the Township of Ocean is divided into zones known as:
R-1
Low Density Single Family Residential Zone
R-1T
Low Density Single Family Residential Transitional Zone
R-2
Low Density Single Family Residential Zone
R-3
Medium Density Single Family Residential Zone
R-4
Medium Density Single Family Residential Zone
R-4HO
Medium Density Single Family Residential/Home Professional Office Zone
R-5
High Density Single Family Residential Zone
R-6
High Density Single Family Residential Zone
R-7
Garden Apartment Residential Zone
R-3/PRD
Planned Residential Development Zone
AR3-PRD
Affordable Housing Zone
MIR-1
Multifamily Residential Zone
[Added 12-29-2015 by Ord. No. 2251]
T-1
Transitional Office/Residential Zone
C-1
Neighborhood Commercial Zone
C-2
Highway Commercial Zone
C-3
General Commercial Zone
C-4
Regional Commercial Zone
C-5
Limited Commercial Zone
[Added 9-21-1994 by Ord. No. 1680]
C-7
Community Mixed-Use District
[Added 5-25-2005 by Ord. No. 2013; amended 3-8-2018 by Ord. No. 2303]
I-1
Light Industrial Zone
CBO
Cannabis Business Overlay Zone
[Added 2-22-2024 by Ord. No. 2455]
O-1/20
Office/Limited Commercial Zone
O-1/40
Office-Research Zone
O-1/80
Office-Research-Limited Commercial Zone
SRI
Recreation Activities Zone
[Added 8-21-1996 by Ord. No. 1746]
AH-G
Affordable Housing Golf Course Residential Inclusionary Overlay Zone
[Added 2-27-2020 by Ord. No. 2332]
[Adopted 1-8-1992 by Ord. No. 1564, Amended 6-18-1992 by Ord. No. 1585, 3-15-1995 by Ord. No. 1696, 12-30-2014 by Ord. No. 2234]
The aforesaid zones are hereby established by the designations, locations and boundaries thereof set forth and indicated on the Official Zoning Map to be located in the office of the Municipal Clerk. A general map prepared by Robert E. Rosa Associates/James W. Higgins Associates dated February 3, 1992, as amended, indicating such designations, locations and boundaries, shall be attached to all copies of the Zoning Ordinance.[1]
[1]
Editor's Note: Zoning Map on file at the Township Offices.
[Amendment 12-29-2015 by Ord. No. 2251; Adopted 1-8-1992 by Ord. No. 1564]
If, in accordance with the provisions of this chapter, and the Revised Statutes of the State of New Jersey, changes are made in the zone boundaries or other matters portrayed in the map by the governing body, such changes shall be made thereon promptly by the Clerk after such amendment has taken affect as provided by law. For each such change in the map, note shall be made thereof in the revision box, of the date of revision, zone affected by the revision and of a brief identifying description of the revision. These changes are to be endorsed upon the map on the effective date of the amendment.
a. 
Map Amendments. The Official Zoning Map, as designated in § 21-18 of the Comprehensive Land Development Ordinance of the Township of Ocean, is hereby amended as follows:
1. 
The Zoning Map is hereby amended as follows:
(a) 
To provide that the following parcels shall be re-zoned from R-7 Garden Apartment Residential Zone to C-2 Highway Commercial Zone:
Block 182, Lot 74
That portion of Block 182, Lot 72 north of the westerly extension of the southerly lot line of Block 182, Lot 73 and located directly south of Block 182, Lot 74.
(b) 
To provide that the portion of Block 182, Lot 9 of the Ocean Township Tax Map west of the southerly extension of the rear (easterly) lot line of Block 182, Lot 19 is re-zoned from the O-1/80 Zone to the R-3 Zone.
[Amendment 11-16-1992 by Ord. No. 1608]
2. 
The following lots, as indicated on the Tax Map of the Township of Ocean and on the attached excerpt from the Township of Ocean Zoning Map, dated August 9, 1994, shall be rezoned from R-1 to R-1 Planned Adult Community Option:
Block 1 Lots 14, 22, 22.01, 23, 24, 26 through 34, 38 through 42, 44 and 45.
[Amendment 9-21-1994 by Ord. No. 1679]
3. 
The following lots, as indicated on the attached portion of Tax Map # 49 of the Township of Ocean dated July 19, 1994, shall be deleted from the O-1/80 zone and included in the C-5 Zone:
Block 141 lots 14 through 19
[Amendment 9-21-1994 by Ord. No. 1680]
4. 
The following portions of Lots, as indicated on the attached portion of Tax Map #9 of the Township of Ocean dated July 19, 1994, shall be deleted from the O-1/80 zone and include in the C-4 Zone:
Block 141 Lots 1 and 7.01
[Amendment 9-21-1994 by Ord. No. 1680]
5. 
Block 189 Lots 6 and 9, in their entirety, is rezoned from O-1/80 Office-Research-Limited Commercial Zone and C-3 General Commercial Zone to C-3 General Commercial Zone. [Amendment 3-15-1995 by Ord. No. 1696]
6. 
The rear of Block 137, Lot 22 will be rezoned from R-4 to C-3. The new zone line will run in a southerly direction from the western property line of Block 137, Lot 23 through Block 137, Lot 22 to the southern property line of Block 137, Lot 22.
[Amendment 12-20-1995 by Ord. No. 1720]
7. 
The northwest corner of Block 137, Lot 22, will be rezoned from R-6 High Density Single Family Residential Zone to C-3 General Commercial Zone. The zone line shall be relocated to extend the C-3 zone line southward from the common lot line of Block 137, Lots 25 and 23, and eastward from the common lot line of lots 25 and 30 to a point where both lines intersect. [Amendment 8-21-1996 by Ord. No. 1746]
8. 
Block 33.15, Lot 1, Block 33.14, Lots 1 and 2, and Block 33.13, Lots 1, 29, 30, and 31 shall be rezoned from R-4 Medium Density Single Family Residential Zone to T-1 Transitional Offices/Residential Zone. [Amendment 8-21-1996 by Ord. No. 1746]
9. 
Block 1.02, Lots 63, 64, 65, 66, and 67 shall be rezoned from AR-3/PRD Affordable Housing Zone to T-1 Transitional Office/Residential Zone. [Amendment 8-21-1996 by Ord. No. 1746]
10. 
The Shrewsbury River Islands are hereby zoned SRI - Recreation Activities Zone.
[Amended 8-21-1996 by Ord. No. 1746]
11. 
The northwest corner of Block 137, Lot 22 will be rezoned from R-6 High Density Single Family Residential Zone to C-3 General Commercial Zone. The zone line shall be relocated to extend the C-3 zone line southward from the common lot line of Block 137, Lots 25 and 23 to the northerly lot line of Lot 21; from that point westerly along the common lot line of Lots 22 and 21 to the eastern lot line of Lot 30. [Amendment 9-18-1996 by Ord. No. 1748]
12. 
Rezone Block 142 Lot 7 from I-1 to R-3.
Include all portions of Block 1 Lot 17 which are located a distance of 750 feet or more from the right-of-way of Green Grove Road within the R-1 PAC Overlay Zone. [Amendment 2-19-1997 by Ord. No. 1764]
13. 
Rezone Block 1.02 Lot 55 from I-1 to AR-3/PRD [Amendment 10-8-1997 by Ord. No. 1781]
14. 
The Official Zoning Map is hereby amended to include within the C-3 General Commercial Zone, all portions of Block 140 Lot 65 which are located west of the existing brook which extends north/south through Lot 65 from Logan Road to English Lane. [Amendment 2-18-1998 by Ord. No. 1793]
15. 
The Official Zoning Map is hereby amended to create a Planned Adult Community Overlay in the O-2 and adjacent R-3 Zones the following lots:
R-3 Zone:
Block 153 Lots 61, 62 & 63
O-2 Zone:
Block 145 Lot 2
Block 146 Lots 1,2
Block 147 Lot 1
Block 149 Lot 1
Block 150 Lot 1
Block 151 Lot 1
Block 153 Lots 69, 70, 71, 72, 81, 82, 83, 84, 85, 86
Block 164 Lot 1
Block 165 Lot 1
Block 166 Lot 1
Block 167 Lot 1
Block 168 Lot 1
Block 169 Lots 1,2, 4
Block 170 Lot 1
Block 171 Lot 1
Block 172 Lot 1
Block 173 Lot 1
Block 174 Lot 1
Block 174.01 Lot 1
Block 178 Lot 1
[Amendment 12-1-1999 by Ord. No. 1839]
16. 
The Official Zoning Map is hereby amended to add the following lots to the Planned Adult Community Overlay in the O-2 Zone:
Block 148
Lot 1
Block 153
Lots 87 & 88
Block 164
Lot 2
Block 169
Lot 3
Block 173
Lot 2
Block 174.01
Lot 2
Block 174.02
Lot 1
Block 177
Lots 1-4
Block 174 Lot 1 shall remain in the R-3 Zone. A typographical error in Ordinance # 1839 designated Block 174 Lot 1 as being in the O-2 Zone and to be included in the Planned Adult Community Overlay. [Amendment 2-2-2000 by Ord. No. 1848]
17. 
The Official Zoning Map is hereby amended to include:
within the R-5 Medium Density Single Family Residential Zone - Blocks 87 thru 98 in their entirety, as well as Block 85 Lots 14 thru 27, Block 86 Lots 15 thru 37, and Block 99 Lots 1 thru 3;
within the C-4 Regional Commercial Zone - Block 141 Lots 15, 16, 22, 23 and 24;
within the C-4 Regional Commercial Zone Regional Shopping Service Facility Option Overlay - Block 141 Lots 5, 6, 7, 7.01, 8, 9 10, 11, 14, 15, 16, 22, 23 and 24.
[Amendment 10-4-2000 by Ord. No. 1866]
18. 
The Official Zoning Map is hereby amended to create a Planned Adult Community Overlay in the O-2 and adjacent R-3 Zones the following lots:
R-3 Zone:
Block 153 Lots 61, 62 & 63
O-2 Zone:
Block 145 Lot 2
Block 146 Lots 1, 2
Block 147 Lot 1
Block 149 Lot 1
Block 150 Lot 1
Block 151 Lot 1
Block 153 Lots 69, 70, 71, 72, 81, 82, 83, 84, 85, 86
Block 164 Lot 1
Block 165 Lot 1
Block 166 Lot 1
Block 167 Lot 1
Block 168 Lot 1
Block 169 Lots 1, 2, 4
Block 170 Lot 1
Block 171 Lot 1
Block 172 Lot 1
Block 173 Lot 1
Block 174.01 Lot 1
Block 178 Lot 1
[Amendment 1-10-2001 by Ord. No. 1875]
19. 
The Official Zoning Map is hereby amended to add the following lots to the Planned Adult Community Overlay in the O-2 Zone:
Block 148
Lot 1
Block 153
Lots 87 & 88
Block 164
Lot 2
Block 169
Lot 3
Block 173
Lot 2
Block 174.01
Lot 2
Block 174.02
Lot 1
Block 177
Lots 1-4
Block 174 Lot 1 shall remain in the R-3 Zone. A typographical error in Ordinance # 1839 designated Block 174 Lot 1 as being in the O-2 Zone and to be included in the Planned Adult Community Overlay.
[Amendment 1-10-2001 by Ord. No. 1876]
20. 
The Official Zoning Map is hereby amended to create a Senior Citizen Apartment Overlay in the O-2 Zone on the following lots:
Block 152: Lot 1
Block 153: Lot 73
[Amendment 1-10-2001 by Ord. No. 1877]
21. 
The Official Zoning Map is hereby amended to include:
Within the C-4 Regional Commercial Zone - Block 176 Lot 4;
Within the C-4 Regional Commercial Zone Regional Shopping Service Facility Option Overlay - Block 176 Lot 4.
[Amendment 1-10-2001 by Ord. No. 1879]
22. 
The Official Zoning Map is hereby amended to create a Commercial Development Option Overlay in the O-1/80 and adjacent R-1T Zones on the following lots, as shown on the attached map:
R-1T Zone: Block 33 Lot 17 in it's entirety, and that portion of Lot 16 which is west of the extension of the easterly side of Logan Road
O-1/80 Zone: Block 33 Lots 18 & 19
[Amendment 1-10-2001 by Ord. No. 1880]
23. 
The Official Zoning Map is hereby amended to create a Single Family Court Cluster Overlay Zone or the following lots:
In the R-1 Zone: Block 35 Lots 5, 6, 7, 8, 10, 11, 12, 13, 14, & 46
In the R-2 Zone: Block 35 Lot 28
[Amendment 2-28-2001 by Ord. No. 1884]
24. 
The Official Zoning Map is hereby amended to delete a Single Family Court Cluster Overlay Zone on the following lots:
In the RI Zone: Block 35, Lots 5, 6, 7, 8, 10, 11, 12, 13, 14, 46
In the R-2 Zone: Block 35, Lot 28
[Amendment 12-11-2002 by Ord. No. 1944]
25. 
The Official Zoning Map is hereby amended as follows:
The following areas shall be changed as described below and shown on the following map: Change the underling zoning for the area that is currently approved for the "Cedar Village" Planned Adult Community from O-2 to R-3 and change the overlay zone for that same area from O-2 PAC Overlay to R-3 PAC Overlay:
Change the underlying zoning for the balance of the O-2 Zone between Route 18, Route 66 and Bowne Road from O-2 to O-1/20.
Change the entire area currently designated as the O-2 SCA Overlay Option to the O-1/20 SCA Overlay Option;
Add the following to the O-1/20 SCA Overlay Option - Block 153 Lot 80 & that portion of Block 152 Lot 2 that is east of the southerly extension of the eastern lot line of Block 152 Lot 3.
Add Block 38 Lots 91 and 92 to the O-1/20 Zone.
Designate Block 149.01 Lot 1.01 as O-1/20 PAC.
In addition to the above, in order to clarify a drafting error on the Zoning Map, change the designation of Block 33.17 Lot 2 from T-1 to C-3.
[Amendment 1-26-2005 by Ord. No. 2003]
26. 
The Official Zoning Map is hereby amended as follows:
Change of the underlying zoning for Block 33, Lot 19.01 from a combination of O-180 and R-1T to C-7 (Community Mixed-Use District).
The following areas shall be changed as described below and shown on the following Map:
Removal of the Commercial Development Option from Block 33, Lot 19.01
[Amended 5-25-2005 by Ord. No. 2013; 3-8-2018 by Ord. No. 2303]
27. 
The Official Zoning Map is hereby amended as follows:
The entirety of Block 182 Lot 85 is added to the C-2 Highway Commercial Zone. [Amendment 9-28-2005 by Ord. No. 2031]
28. 
The Official Zoning Map is hereby amended as follows:
The entirety of Block 3 Lot 16 is removed from the O-1/80 Zone and added to the C-3 General Commercial Zone. [Amendment 12-19-2005 by Ord. No. 2034]
29. 
The Official Zoning Map, Subsection 21-18 is hereby amended as follows:
The entirety of Block 3, Lot 16, is removed from the O-1/80 Zone and added to the C-2 General Commercial Zone. [Amendment 1-7-2008 by Ord. No. 2083]
30. 
The Official Zoning Map is hereby amended to create an "Alternative Single-Family Overlay Residential Option" in the R-3 Zone on the following lots:
Block 25.15 Lots 37, 38, 42, 44 & 45
[Amendment 2-7-2011 by Ord. No. 2163]
31. 
The Official Zoning Map is hereby amended:
Whereas, the Township Committee of the Township of Ocean, Monmouth County, entered into a settlement of a Mount Laurel law suit known as Martelli at Wayside, LLC v. Township of Ocean, et al., Docket No. MON-L-5221-09 ("Litigation"),
Whereas, as part of the settlement, the Township and developer agreed to create an overlay zone for the property known and designated as Lots 33, 33.01, 34, 35, and 36 in Block 37.16 ("Tract"),
Whereas, the overlay zone would permit single-family development in the R-2 Zone on smaller lots at a higher density than presently what is permitted in the R-2 Zone,
Whereas, in furtherance of the settlement agreement in connection with the Litigation, the Township Committee proposes the following overlay zone established in § 21-24A, R-2 High Density Single Family Residential Overlay Zone, for the above referenced Tract.
[Amendment 1-10-2011 by Ord. No. 2164]
32. 
The Official Zoning Map is hereby amended to create:
"Planned Adult Community Development Option 2" in the R-1 Zone on the following lots:
Block 35 lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 46.
[Amendment 12-30-2014 by Ord. No. 2234]
33. 
The Official Zoning Map shall be amended to add:
The Official Zoning Map is hereby amended to create a "Multifamily Residential Zone, MIR-1" on the following lots:
Block 1.02 Lots 52.01, 53.01, 54.01
34. 
The Official Zoning Map is hereby amended to create: AH-G Affordable Housing Golf Course Residential Inclusionary Overlay Zone in the R-1 and adjacent R-2 and R-3 Zones on the following lots:
[Added 2-27-2020 by Ord. No. 2332]
R-1 Zone
Block 59, Lot 1
Block 60, Lot 1
Block 40, Lots 1, 2, and 34
R-2 Zone
Block 40, Lots 82, 83, 84, and 88
R-3 Zone
Block 40, Lot 111
35. 
The Zoning Map shall be amended to add "CBO - Cannabis Business Overlay Zone (see Section 21-39A,a)" at the bottom of the Legend.
[Added 2-22-2024 by Ord. No. 2455]
[Adopted 1-8-1992 by Ord. No. 1564]
Unauthorized and intentional changes of any kind on the map or matter shown thereon shall be punishable by a fine not exceeding $200 or 90 days imprisonment, or both.
[Adopted 1-8-1992 by Ord. No. 1564]
Whenever an uncertainty or ambiguity exists as to the true location of any boundary line of any zone shown on the Map, the zone boundary lines shall be decided by the Zoning Officer and may be appealed to the Zoning Board of Adjustment.
[Adopted 1-8-1992 by Ord. No. 1564]
Boundary lines indicated as following or approximately following streets, highways or other public or private ways, shall be construed to follow the center lines thereof.
[Adopted 1-8-1992 by Ord. No. 1564]
Boundaries indicated as following or approximately following platted lot lines shall be construed as following such lot lines as the same appear on the Tax Map of the Township of Ocean.
[Adopted 1-8-1992 by Ord. No. 1564]
Boundaries indicated as following or approximately following municipal lines shall be construed as following such municipal lines.
[Adopted 1-8-1992 by Ord. No. 1564]
Boundaries indicated as following streams, rivers or other bodies of water shall be construed as following the center lines thereof.
[Adopted 1-8-1992 by Ord. No. 1564]
All distances between parallel or concentric lines or extensions or prolongations of features indicated, shall be construed to be a right angles in the case of parallel lines or radial in the case of concentric lines.
[Adopted 1-8-1992 by Ord. No. 1564]
Except as hereinafter provided, no building or structure or part thereof, and no lot or land or part thereof, shall hereinafter be used except in conformity with the regulations herein prescribed. Any lawful use that does not conform to the use regulations of this chapter shall be deemed a nonconforming use except that uses granted as conditional uses by the appropriate Municipal Agency shall be deemed to be conforming uses. Any enlargement of a conditional use shall require re-application to the same agency. Use variances granted by the Board of Adjustment or granted on appeal by the governing body or appropriate Court shall be deemed legal nonconforming uses.
[Adopted 1-8-1992 by Ord. No. 1564]
Except as hereinafter provided, no building or structure or part thereof shall hereinafter be erected, structurally altered enlarged or rebuilt except in conformity with the lot dimension, yard, coverage, height and spacing regulations herein prescribed. Any building or structure that does not conform to such regulations, hereinafter referred to as the building regulations of this chapter, shall be deemed a nonconforming structure, irrespective of the use to which it is put. Building variances granted by the appropriate Municipal Agency shall be deemed to be conforming structures or uses.
[Adopted 1-8-1992 by Ord. No. 1564]
Any legally established existing use of a building or structure, lot or land, or part thereof, at the time of adoption of this chapter, which use constitutes a nonconforming use under the provisions of this chapter, may be continued.
[Adopted 1-8-1992 by Ord. No. 1564]
Unless the context indicates the contrary, the word "lot" shall include the word "plot"; the word "structure" shall include the word "building"; the word "may" is permissive. The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended, or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved, or rebuilt with the intention or design of using the same.
[Adopted 1-8-1992 by Ord. No. 1564]
No yard, lot, open space, parking or loading area or other areas required by this chapter that existed at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
[Adopted 1-8-1992 by Ord. No. 1564]
Except as hereinafter specified in this chapter, yards required by this chapter shall be entirely free of building or parts thereof.
[Adopted 1-8-1992 by Ord. No. 1564]
Corner lots shall provide the minimum front yard setback requirements for the respective zone for all intersecting streets.
[Adopted 1-8-1992 by Ord. No. 1564]
Cornices and eaves, chimneys and bay windows shall not project more than two feet over any required yard or court except that no projection shall be closer than three feet to a lot line. Any projection over two feet shall be considered part of the principal building and shall conform to all setbacks.
[Adopted 1-8-1992 by Ord. No. 1564]
Sills, leaders, belt courses and similar ornamental or structural features shall not project more than six inches into any required yard or court.
[Adopted 1-8-1992 by Ord. No. 1564]
Porches and entries, uncovered or covered, shall be considered as part of the principal building and shall not project into required yard areas, unless otherwise permitted in this chapter.
[Adopted 1-8-1992 by Ord. No. 1564]
Through lots should be avoided, however in the event one exists, each frontage shall maintain the required lot width and front yard setback of the Zone in which the lot is located.
[Adopted 1-8-1992 by Ord. No. 1564, amended 2-14-2001 by Ord. No. 1883]
Unless specifically stated otherwise in this section, all front yards must face on a minimum 50 feet wide right-of-way for the required frontage of the lot. No building or use will be permitted on a lot unless that lot has the above required frontage on a minimum 50 feet right-of-way, and such frontage has been improved in accordance with the minimum municipal standards for 1/2 the width of the right-of-way or, at the discretion of the Municipal Engineer, such improvements have been guaranteed by cash or bond.
[Adopted 1-8-1992 by Ord. No. 1564]
Where a building lot has frontage upon a street which on the Master Plan or Official Map of the municipality is contemplated for right-of-way widening, the required front yard setback and lot area shall be calculated utilizing the proposed future right-of-way line.
[Adopted 1-8-1992 by Ord. No. 1564]
Where a lot is formed from part of another lot, such division shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to any existing building or yards and open spaces in connection therewith. No permit shall be issued for the erection of a new building on a new lot thus created unless it complies with all the provisions of this chapter.
[Adopted 1-8-1992 by Ord. No. 1564, amended 12-22-2004 by Ord. No. 2002]
No soil, mineral or similar material may be removed from or placed on any lot, except that which is purely incidental to the construction of a building or structure. When the quantity of cubic feet to be excavated (except for building foundations and permitted accessory uses) or filled equals or exceeds 2% of the square feet of the lot to be filled or excavated, or in any event if the change in elevation is two feet or more, a variance shall first be obtained from the appropriate Municipal Agency. Application for said variance must contain elevations or contours at not more than two-foot intervals and proposed finished grades on a map drawn to a scale of not less than one inch equals 50 feet, which map shall be furnished by a licensed engineer or land surveyor. No fill material shall consist of any type of industrial wastes, building debris, obnoxious materials, or similar substances.[1]
[1]
Editor's Note: See also Chapter 9, § 9-1 (Oil Removal)
[Adopted 1-8-1992 by Ord. No. 1564]
No outside display of wares for sale, vending machines, or products manufactured on the site shall be permitted in the front yard on any lot, except as otherwise permitted by this chapter.
[Adopted 1-8-1992 by Ord. No. 1564, amended 9-12-2011 by Ord. No. 2175]
Roof structures such as mechanical equipment, water towers, etc. shall be screened from public view, or designed, in such a fashion as to complement the architecture of the building. This restriction shall not apply to solar panels erected on the roof of a building as long as it is demonstrated to the satisfaction of the Planning Administrator or his/her designee that the placement of the panels without screening is necessary for the efficient operation of the panels.
[Adopted 1-8-1992 by Ord. No. 1564]
At the intersection of two or more streets, no wall, fence, hedge, or other structure shall be erected to a height in excess of 2 1/2 feet above curb level, nor any other obstruction to vision shall be permitted within the required sight triangle.
[Adopted 1-8-1992 by Ord. No. 1564]
Site plan approval shall be required to construct or expand off-street parking in all zones, except that no such permit shall be required for a driveway of a single family residence.
[Adopted 1-8-1992 by Ord. No. 1564, amended 5-23-2001 by Ord. No. 1889, 7-14-2004 by Ord. No. 1986]
All trailers, trailer coaches, or automobile trailers or any vehicle or structure designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation or trade, and originally designed to be mounted on wheels or used as a conveyance or propelled or drawn by its own or other motive power and from which said wheels or other means of locomotion or transportation have been removed, shall be prohibited in the municipality. The municipal Building Inspector shall not issue a building permit, Certificate of Occupancy or other permits or certificates which will permit said trailers, trailer coaches, automobile trailers or other such vehicles, to be located within the territorial limitations of the municipality.
In residential zones, recreation vehicles, boat trailers, and boats shall be permitted to be stored in any yard but shall not be located any closer to a side or rear lot line than a permitted accessory building of similar size and height. They shall not be permitted to be stored in a front yard for periods exceeding two weeks. No boat or recreation vehicle shall be lived in by any person at any time. There shall be no more than one recreation vehicle stored on any residential lot at one time. There shall be no boat or recreation vehicle of more than 26 feet in length stored on a residential lot. No trailer or recreation vehicle shall be stored continuously on a lot for a period of more than one year.
[Adopted 1-8-1992 by Ord. No. 1564, amended 8-21-1996 by Ord. No. 1746]
All trailers whose prime purpose is to sell, store, maintain, and repair goods shall be prohibited in the municipality. The Municipal Construction Official shall not issue permits or certificates which will allow said trailers to be located within the territorial limitations of the municipality. The only exceptions are that the Construction Official may issue a permit for a construction office and storage trailer on any site for the period during construction and the Planning Board may grant approval for a sales trailer at new residential developments.
[Adopted 1-8-1992 by Ord. No. 1564]
No vehicles or structures for temporary sales of any goods shall be permitted on any lot unless a site plan has been approved by the Municipal Agency.
[Adopted 1-8-1992 by Ord. No. 1564]
No dwelling or principal structure shall be erected on land which is unsuitable for improvement because it is subject to flooding or other hazards to life, health, or property, unless the owner agrees to take approved adequate measures to eliminate such hazards. Such approval must be obtained from the Planning Board. The Board shall make or instigate adequate investigation by a recognized, trained or licensed authority before granting approval and only after a public hearing thereon. Expense incurred for such investigation must be paid for by the applicant, and no certificate or permit shall be issued until payment in full is received. The exception to the above would apply to structures necessary for access and safety such as bridges, culverts, or protective walls and fences or for accessory agricultural structures, such as irrigation facilities, dependent upon access to water.
[Adopted 1-8-1992 by Ord. No. 1564]
Any use not permitted in a zone but for which approval is given by the Zoning Board of Adjustment shall comply with the bulk standards of the most restrictive zone in which the use is permitted, as determined by the Zoning Officer. If the use is not permitted in any zone within the Township, the standards applying to the most restrictive zone within which a similar use is permitted, as determined by the Zoning Officer, shall apply. Where no such similar use exists, the standards of the subject zone shall apply.
[Adopted 1-8-1992 by Ord. No. 1564; amended 3-28-2024 by Ord. No. 2457]
Any multiple use or string of flags or pennants for display or to attract attention shall not be permitted in any zone. Temporary use of string of flags or pennants for grand openings only may be permitted for a period not to exceed 30 days upon approval of the Construction Official. Official government agency flags and pennants, emergency, historical markers, and signs posted by governmental agencies are exempt from these provisions.
[Adopted 1-8-1992 by Ord. No. 1564]
No building or structure shall be erected within the designated one-hundred-year floodplain as defined on the Township Flood Insurance Rate Map, prepared by the U.S. Department of Housing and Urban Development Federal Insurance Administration, dated October, 1977, as amended, or as defined in the Township of Ocean Drainage Master Plan, prepared by Schoor Engineering, Inc. dated December 1976, copies of which are on file in the office of the Township Engineer at the Municipal Building. In the event of a conflict between the two floodplain delineations, the more restrictive shall apply.
[Adopted 1-8-1992 by Ord. No. 1564]
The Municipal Agency may require the designation of any portion of a site plan or subdivision as a conservation easement. In the event that a conservation easement is required in connection with a development application, the developer or owner shall be required to make reference to said easement and the restriction relating thereto in any future conveyances involving property which includes said easement.
No grading or removal of vegetation, with the exception of limited thinning, shall be permitted in a conservation easement. Limited thinning shall only be done with the approval and supervision of the Township Engineer or his authorized replacement.
Structures permitted to be constructed in a conservation easement shall be limited to fencing and drainage structures, and shall only be permitted by approval of the Planning Board. Fencing shall comply with all applicable requirements of this chapter.
[Adopted 1-8-1992 by Ord. No. 1564]
Multiple principal buildings may be constructed on any lot in any zone, except that only one principal building shall be permitted on any single family residential lot in any zone.
[Adopted 1-8-1992 by Ord. No. 1564 as Recyclable Material Storage, amended 4-21-1993 by Ord. No. 1629, deleted 3-19-1997 by Ord. No. 1770. Subsection 21-20.31. Discontiguous Cluster Option, added 1-26-2005 by Ord. No. 2003]
Where specifically permitted, applicants may utilize land that is discontinuous to the principal tract in order to calculate the permitted number of dwelling units for a cluster development in any zone where the Discontiguous Cluster Option is permitted.
In order to qualify for the discontinuous cluster option, the discontinuous tract must be a minimum of one acre in area, and must be dedicated to, and accepted by, the governing body for use for municipal purposes recreation or open space. In the alternative, an applicant may agree to donate to an established Open Space Trust Fund, the sum of $200,000 per acre for future acquisition of land for recreation and open space, in lieu of the actual dedication of land. In the event an applicant chooses the alternative donation of funds, payment shall be made according to the following schedule:
For single family subdivisions, the total payment due shall be divided by the number of dwelling units to establish an amount/unit to be donated per unit. A total of 1/2 of the total due (number of dwelling units x 1/2 of the donation/unit) shall be provided upon the signing of a developer's agreement between the Township and the developer for the development, or phase of the development if the development is phased. Unless otherwise specified by the Municipal Agency at the time of final approval, the balance due per unit shall be provided prior to the release of any portion of the performance bond for the development.
For Senior Citizen Apartment Option developments, payment shall be made as follows: The total due shall be divided by the total number of principal buildings in the development to determine a donation per building. A total of 1/2 if the total due per building shall be provided upon issuance of the building permit for each building in the development. The balance of 1/2 of the donation per building shall be due and paid at the time of the issuance of the Certificate of Occupancy for the building. No Certificate of Occupancy shall be issued unless the total donation per building has been paid for that building.
In the event of a detached single family residential cluster, the overall cluster development must meet the requirements for land dedicated for common use as described in § 21-22.2b1(c), including the provisions that the land dedicated for common use be a minimum of 25% of the total area of the development (principal and discontinuous tracts) and that an area dedicated for common use be a single usable area that is a minimum of 50% of the total dedicated area or five acres, whichever is greater.
The total permitted number of units to be constructed on the principal tract shall be calculated as follows:
a. 
The calculation for the number of units permitted for the principal tract shall be the area of the principal tract in acres times the permitted density for the zone of the principal tract. In the event that the principal tract is split zoned, the permitted density shall be calculated utilizing the relative areas and densities of the principal tract for each of the zones. In the event that the principal tract is located in an overlay zone, the density utilized shall be that which is permitted for the specific permitted use to which the principal tract is to be developed.
b. 
The calculation for the number of units that shall be calculated for a discontinuous tract shall be that which is permitted for a single family residential cluster subdivision in the zone in which the discontinuous tract is located. In the event that the discontinuous tract is located in a nonresidential zone, or the applicant is utilizing the alternative of donating $200,000 per acre to the Open Space Trust Fund, the number of units shall be calculated utilizing the area of the discontinuous tract and the density of the proposed permitted use in the zone or overlay zone in which the principal tract is located. In the event that the principal tract is split zoned, the density used shall be the average density permitted on the principal tract (the total units permitted on the principal tract as calculated in Subsection a above divided by the total acreage of the principal tract).
c. 
The total number of units permitted to be constructed on the principal tract shall be the sum of the units in Subsections a and b provided that:
1. 
There is no limit as to the total number of units to be constructed in the zone in which the principal tract is located.
In the event that there is a limit to the total number of units that can be constructed in the zone, the total number of units permitted on the principal tract shall not exceed the sum of Subsections a and b above, less any units that exist or have been approved for construction on other tracts in the subject zone.
2. 
The proposed development substantially complies with the bulk requirements for the zone for the specific permitted use.
For clarification of this requirement, it is understood that many developments require one or more "bulk" variances, and that the provisions of the MLUL with regard to the granting of "bulk" variances may be applicable in certain circumstances. However, it is the intent of this provision to require developments that substantially comply with the "bulk" provisions of this subsection for the specific use, rather than to relax those standards for the sole purpose of allowing the number of units calculated above to be constructed on the site. More specifically, it is the intent of this provision of the subsection that the "appropriate population density" of the principal tract is the lesser of that which is calculated above, and that which may reasonably be constructed on the principal tract utilizing the bulk criteria for the specific use in the specific zone.
[Added 2-22-2024 by Ord. No. 2454]
Cottage Food Operators - Home Bakers operating subject to a New Jersey Cottage Food Operator Permit shall be permitted accessory uses in any legally existing residence in any district subject to the requirements of N.J.A.C. 8:24-1.1 et. seq.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Exterior alterations which substantially change the residential character and nature of a building for the purpose of changing the use of the building, such as from a residence to a home professional office, shall not be permitted in any residential zone unless otherwise specifically permitted in this chapter.
b. 
There shall be no more than one principal residential building or dwelling unit erected or established on any one lot in any residential zone, except, where multifamily buildings or townhouses are permitted, more than one building or dwelling unit may be erected in conformance with development standards of that zone.
c. 
If a conflict arises between the permitted number of units of residences per acre and the development standards, the more restrictive standard will take precedence. Development standards are lot size setbacks, and similar limiting provisions. This conflict may arise due to unsuitable geology of land, unusual shape, or other factors which prevent the full use of the land and still meet all development standards.
d. 
Outside storage of inoperable vehicles or vehicles not currently registered, licensed, insured, or being used for transportation shall not be permitted for more than 30 days.
[Amended 3-15-2000 by Ord. No. 1851, 1-10-2001 by Ord. No. 1881]
e. 
Any individually registered commercial vehicle longer than 22 feet in length or 10 feet in height measured from the highest point of said vehicle excluding exhaust stacks and antennae or having a registered weight of 18,000 pounds or more, shall be prohibited from standing or parking on any property located in any residential zone.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Use and Occupancy Regulations. For the reasons stated in Subsection b below, the use and occupancy of detached dwellings throughout all residential districts shall be restricted to families only as defined in this subsection.
b. 
Purpose. The preservation of "family style living" and the preservation of the character of residential neighborhoods as such are legitimate zoning goals. The Township of Ocean is concerned with maintaining the stability and permanence generally associated with single family occupancy throughout its residential neighborhoods. A municipality may endeavor, by legitimate means, to secure and maintain the blessings of quiet seclusion and to make available to its inhabitants the refreshment of repose and the tranquility of solitude. The Township of Ocean possesses these goals and, by the regulation herein contained, implements them in a manner which bears a reasonable relationship to the problem sought to be ameliorated. That problem is the use and occupancy of single-family dwellings interspersed among the residential neighborhoods of the community, by groups of individuals whose living arrangements, although temporarily in the same dwelling unit, are transient in nature and do not possess the elements of stability and permanency which have long been associated with single family occupancy. Such living arrangements are not compatible with the family style living sought to be preserved. Such occupancies are in the nature of rooming houses, boarding homes, hotels, motels, and the like. Such uses do not meet the definition of family as contained in this subsection and are prohibited in detached dwellings in all residential zones. This subsection provides zoning classifications which allow for ample apartment and townhouse uses, and there are presently many such uses in existence through the Township. Ample housing exists within the Township of Ocean for those who choose to live under arrangements which do not meet the definition of family as provided in this subsection.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the R-1 Residential Zone is to provide for and protect the character of the existing low density residential areas. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a residential area for strictly residential purposes by prohibiting commercial development or conversions to commercial or multifamily housing.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal permitted uses and structures.
1. 
Single family residential dwellings within a non-cluster or a cluster development.
2. 
Family day care home.
[Added 8-21-1996 by Ord. No. 1746]
b. 
Accessory buildings not to exceed 15 feet in height, structures and uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1. 
Private garage, not to exceed two spaces.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts.
4. 
Signs, subject to the special conditions of this chapter.
5. 
Fences and hedges subject to the special conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies and first aid squads.
2. 
Public utility installations.
3. 
House of Worship.
[Amended 6-16-2008 by Ord. No. 2103]
4. 
Public and parochial schools.
5. 
Farms.
[Amended 8-21-1996 by Ord. No. 1746]
6. 
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
7. 
Golf course/country clubs.
[Added 8-14-2002 by Ord. No. 1936]
8. 
Rehabilitation and vocational training center for the physically and/or neurologically disabled.
[Added 11-9-2009 by Ord. No. 2140]
[Adopted 1-8-1992 by Ord. No. 1564; amended 1-5-1994 by Ord. No. 1657; 1-5-1994 by Ord. No. 1675; 2-19-1997 by Ord. No. 1764; 6-18-1997 by Ord. No. 1774; 8-6-1997 by Ord. No. 1776, 8-13-2014 by Ord. No. 2228; 4-27-2023 by Ord. No. 2417; 2-22-2024 by Ord. No. 2454]
The R-1 Residential Zone specified herewith shall be occupied only as indicated below and in the Schedule which is attached to this chapter:
a. 
Single-Family (Non-Cluster).
1. 
Principal buildings.
(a) 
Minimum lot size : 40,000 square feet.
(b) 
Minimum lot width: 150 feet.
(c) 
Minimum lot depth: 150 feet.
(d) 
Minimum front yard setback (measured from the future street R.O.W.) : 50 feet.
(e) 
Minimum side yard setback : 20 feet.
(f) 
Minimum both side yard setbacks : 40 feet.
(g) 
Minimum rear yard setback : 40 feet.
(h) 
Minimum gross floor area.
(1) 
Two story and two and one-half story dwellings:
First floor minimum: 1,400 square feet.
Overall minimum: 2,700 square feet.
(2) 
One and one-half story dwellings:
First floor minimum: 1,600 square feet.
Overall minimum: 2,500 square feet.
(3) 
Single story dwellings: 2,300 square feet.
(i) 
Maximum lot coverage.
Building: 25% of total lot area
Impervious: 45% of total lot area
(j) 
Maximum building height: 35 feet.
(k) 
Maximum stories: two and one-half stories above grade.
2. 
Accessory buildings, structures and uses.
(a) 
More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.
(b) 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks or porches three feet in height or less, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. Decks which exceed three feet in height must maintain the required side yard setback and may extend no more than 20 feet beyond the required rear yard setback line provided no point of the deck floor exceeds a height of seven feet above finished grade. Any deck which exceeds three feet in height and is located within the required rear yard shall have its base screened by either lattice or landscaping or a combination of the two.
Fiberglass push up masts to support amateur radio wire antennas are permitted to a maximum height of 38 feet and a minimum height of 10 feet for the wire antenna. The masts must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. In addition, the wire antenna is limited to a maximum of 12 gauge. Further, the fiberglass mast is limited to a maximum weight of 20 pounds and low visibility non-glossy colors such as gray, black and green. Antenna masts should be located where existing trees can provide visual masking, except where those locations would degrade antenna performance. All transmission lines from the antennas shall be protected by grounded lighting surge protectors that meets or exceeds UL Spec 497, Protector for Communications Circuitry. Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
b. 
Single-Family (Cluster).
1. 
General requirements and provisions for cluster residential development.
The purpose of this subsection is to provide a method of development for residential land which will nevertheless preserve desirable open spaces, including floodplain areas, recreation and park areas and lands for other public purposes, by reducing the lot sizes without increasing the number of lots permitted.
(a) 
A cluster residential development for single-family dwelling purposes shall occupy 20 acres or more and shall be a permitted use at the discretion of the Planning Board in any single-family zone. Adjacent properties may be added on to and incorporated into an existing cluster subdivision provided they are integrated with the existing cluster subdivision via common access and the area dedicated for common use meets the requirements for the overall subdivision. Where adjacent properties in a residential zone have already been developed in accordance with the cluster area requirements for the residential zone, and the proposed subdivision is not integrated into the existing cluster subdivision, the 20 acre minimum requirement shall be reduced to 10 acres and five acre dedication may be reduced to three acres, provided that the Planning Board determines that the additional cluster use is not detrimental to the intent and purpose of this zone or the surrounding existing residential uses.
A single cluster residential development may be permitted on a single tract which is located in more than one residential zone provided that cluster residential development is permitted in each of the zones and provided that all lots conform to the requirements of the individual zone in which they are located. In such instances, density shall be calculated separately for the portion of the tract in each separate zone.
(b) 
The proposed development shall follow all applicable procedures, standards and requirements of the ordinance governing the subdivision of land.
(c) 
There shall be dedicated for common use a minimum 25% of the gross acreage in the cluster subdivision. This percentage shall not include streets. Of the area dedicated for common use, a minimum of 50% or five acres, whichever is greater, shall be a contiguous, usable area as determined by the Municipal Agency, and be free of environmental constraints such as wetlands, floodplain, floodway, flood hazard area, or slopes with gradients over 15%. In no event shall the area to be dedicated for common use be fragmented into small, unusable parcels except to conserve critical environmental areas. The Municipal Agency shall, prior to reaching its determination, confer with other interested municipal agencies as to the advisability of accepting the lands to be dedicated, and their use.
(d) 
At the discretion of the Planning Board, the subdivider may be allowed to reduce the minimum lot frontage, minimum lot width, minimum lot depth, and minimum lot area in accordance with the provisions of this section.
(e) 
A portion of the land to be donated for public purposes shall be at least a usable, single, five acre tract.
(f) 
All lands within the subdivision other than streets and building lots shall be under the ownership of a legally created nonprofit homeowners' association which shall run with the land and be included in the deed according to State Statutes, or shall be deeded to the municipality for public purposes. The Planning Board at its discretion may choose which method is to be used and which lands are to be so dedicated.
(g) 
Lands to be deeded for public purposes shall be located, shaped, improved and developed as required by the Planning Board which shall consider the suitability, physical condition, and location of the lands in regard to its proposed uses and to the needs of the municipality in reaching its determination.
(h) 
Should the subdivision consist of a number of development stages, the Planning Board may require that acreage and improvements proportionate in size to the stage being considered for final approval be donated to the municipality simultaneously with the granting of final subdivision approval for the particular stage even though these lands may be located in a different section of the overall development.
(i) 
The Planning Board shall state the specific use or range of uses for which the donated public lands will be used, and this shall be included in the resolution approving the subdivision.
2. 
Principal buildings.
(a) 
Minimum lot size: 30,000 square feet.
(b) 
Minimum lot width: 125 feet (interior lot).
- 150 feet (corner lot).
(c) 
Minimum lot depth: 150 feet.
(d) 
Minimum front yard setback (measured from the future street R.O.W.): 50 feet.
(e) 
Minimum side yard setback: 20 feet.
(f) 
Minimum both side yard setbacks : 40 feet.
(g) 
Minimum rear yard setback : 40 feet.
(h) 
Minimum gross floor area.
(1) 
Two and one-half story dwellings:
First floor minimum: 1,200 square feet
Overall minimum: 2,400 square feet
(2) 
One and one-half story dwellings:
First floor minimum: 1,300 square feet
Overall minimum: 2,300 square feet
(3) 
Single story dwellings: 2,000 square feet.
(i) 
Maximum lot coverage.
Building: 25% of total lot area
Impervious: 45% of total lot area
(j) 
Maximum density: 1.0 units per acre of total lot area.
(k) 
Maximum building height: 35 feet.
(l) 
Maximum stories: two and one-half stories above grade.
3. 
Accessory buildings and uses. All accessory buildings and uses in a cluster arrangement shall conform to the development standards of accessory buildings and uses in the non-cluster arrangement.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Off-street parking is required subject to the requirements of this chapter.
b. 
Landscaping is required subject to requirements of this chapter.
c. 
No more than 24 inches of unfinished foundation shall be exposed above ground in the front of any building and no more than 42 inches of unfinished foundation shall be exposed above ground in the architectural rear of any building.
[Added 6-18-1997 by Ord. No. 1774, amended 8-6-1997 by Ord. No. 1776]
[Added 9-21-1994 by Ord. No. 1679; amended 2-19-1997 by Ord. No. 1764; 12-3-1997 by Ord. No. 1786; 12-1-1999 by Ord. No. 1839, 1-10-2001 by Ord. No. 1875; 8-13-2003 by Ord. No. 1961; 2-22-2024 by Ord. No. 2454]
The PAC Option shall be applied in only those areas of the R-1 Zone which are specified on the Official Zoning Map of the Township of Ocean. It is the purpose of the PAC option to provide an alternative form of "housing for older persons," not otherwise available within the Township, while not adversely impacting or overburdening the local street system, the school system, the sanitary sewerage system and other community services and facilities.
a. 
A Planned Adult Community Option shall be permitted only if:
1. 
Adequate sewers are available, or are to be made available by the applicant, to serve the proposed development; and
2. 
West Park Avenue east of Green Grove Road and west of Route 18, and Green Grove Road for its entire length within the Township are improved sufficiently to accommodate traffic from the development, to the satisfaction of the Planning Board, or are to be improved to the satisfaction of the Planning Board by the applicant.
b. 
In the event that the applicant elects to develop the property as a Planned Adult Community, the following shall apply:
1. 
The gross residential density shall not exceed 2.5 dwelling units per acre of gross lot area, but in no case shall the total number of units in any PAC exceed 370. Gross residential density shall be the total number of dwelling units divided by the gross lot area of the entire Planned Adult Community development parcel.
2. 
The developer shall reserve no less than 25% of the site for recreation and open space purposes. A minimum of five contiguous acres of usable land, not a part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer, shall be reserved for recreation and open space purposes. This land may be utilized for the provision of "facilities and services specifically designed to meet the physical or social needs of older persons" as required for a PAC. The location shall be approved by the Planning Board. Title to all reserved or common land shall be held in fee simple by the Homeowners' association, except that the municipality may elect to have certain areas dedicated to the municipality.
3. 
A Homeowners' association shall be required to be established by a Master Deed. Said deed shall require that the Homeowners' association establish and maintain "significant facilities and services specifically designed to meet the physical or social needs of older persons" as required by the Federal Fair Housing Act. No more than 25% of the units in a PAC shall be occupied prior to these facilities being fully constructed and operational. Such facilities shall include:
(a) 
A community clubhouse. Facilities within the clubhouse shall include an all purpose room, a commercial style kitchen, rest rooms and other such accommodations proposed by the applicant and deemed appropriate by the Planning Board. The minimum area of such facilities, as measured from the inside of the building walls, shall be 25 square feet per dwelling unit or 9,000 square feet, whichever is greater.
(b) 
A swimming pool, not less than 3,000 square feet in area, of which a minimum of 50% shall be four feet deep or less.
(c) 
Additional outdoor recreation facilities, such as a putting green, bocce courts, tennis courts, etc., geared towards senior citizens shall also be provided. Any outdoor recreation facility shall be utilized only by residents of the PAC or their guests, and shall not be available for use by the general public.
(d) 
Transportation amenities, such as sheltered bus stops, or other facilities geared specifically for senior citizens shall also be provided if required by the Planning Board.
(e) 
Parking for the above facilities in the amount of one parking space for each 100 square feet of building area.
(f) 
Parking of recreational vehicles or boats shall be prohibited anywhere within a Planned Adult Community. Recreational vehicles, for the purpose of this requirement, shall mean any: truck or van which has an overall length, bumper to bumper, of more than 20 feet; any motor home; vehicle or structure designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons; or trailer or camping "pop-up" trailer. In addition, the master deed shall require "that the owner of each individual unit be a member of the Homeowners' association, that all member households have at least one person who is minimum of 55 years of age or older, that all permanent occupants of any member housing unit be 18 years of age or older, and that no housing unit within the development have more than two bedrooms." The above restrictions shall also be a requirement of every deed for each individual parcel in the PAC.
4. 
A PAC shall be of a size not less than 50 acres.
5. 
A PAC shall have a minimum frontage of 1,000 feet on Green Grove Road. Vehicular access shall be permitted from both Green Grove Road and West Park Avenue, provided that any access drive on West Park Avenue is a minimum of 750 feet from the intersection of West Park Avenue and Green Grove Road and provided there is a minimum of 600 feet of sight distance along West Park Avenue in either direction.
6. 
Multiple road accesses from any PAC onto Green Grove Road shall be separated by at least 800 feet of frontage.
7. 
(Reserved) [Deleted 12-3-1997 by Ord. No. 1786]
8. 
Dwelling Units shall be detached single-family dwelling units or duplex units attached on a common lot line. No more than 50% of the total units shall be duplex units. The development shall utilize the following standards:
(a) 
Minimum setbacks from perimeter property lines:
Green Grove Road and West Park Avenue: 150 feet
Vacant parcels and existing single family residential property: 100 feet
All other developed property: 50 feet
(b) 
Minimum lot area Single family: 5,500 square feet*
* The average lot area for all single-family dwellings shall not be less than 6,000 square feet and no more than 1/2 if the single-family dwellings shall be on lots of less than 6,000 square feet
Duplex: 5,000 square feet per unit
(c) 
Minimum lot width: 50 feet.
(d) 
Minimum lot depth: 100 feet
(e) 
Minimum setbacks:
Front yard: 30 feet*.
One side yard:
Single family: five feet.
Duplex: zero feet.
Both side yards: 15 feet.
Rear yard: 25 feet*.
Notes:
* In order to promote a desirable visual environment through creative design techniques, where a minimum 100 square foot open front porch or open wraparound front porch is provided:
The front yard setback may be reduced to 25 feet;
For lots which back up to dedicated open space the rear yard setback may be reduced to 15 feet;
For lots which back up to other lots within the subdivision, the rear yard setback may be reduced to 15 feet provided the average distance between buildings is not less than 35 feet where buildings back up to one another, or 25 feet where the rear of a building faces the side of a building. The average distance shall be calculated by averaging the closest and farthest points between the two opposing facades as measured along lines drawn perpendicular to the common lot line.
[Amended 12-3-1997 by Ord. No. 1786]
(f) 
Maximum lot coverage:
Building: 25% of total lot area.
Impervious: 45% of total lot area.
(g) 
Maximum building height:
1 Story above grade: 25 feet
2 Stories above grade: 30 feet
(h) 
Other provisions.
(1) 
In order to avoid a "cookie cutter" appearance to the PAC, lot widths and depths and building setbacks shall be varied. In this regard, the following criteria shall be followed:
(i) 
No more than two buildings in a row which front on the same street shall have the same architectural dimensions.
(ii) 
On all streets, except cul-de-sac bulbs and streets where the center line radius is less than 350 feet, one of the following measures shall be taken:
[a] 
No more than two lots in a row which front on the same street shall exist without a variation in lot width of at least 10 feet. Lot depths shall remain consistent for all lots facing the same street frontage on any block in order to avoid irregular rear lot lines, or;
[b] 
The plan shall provide for a variation in building side yard setbacks so that no more than three houses in a row which front on the same street shall exist without a minimum ten-foot difference in separation of the buildings. Lot depths shall remain relatively consistent for all lots facing the same street frontage on any block in order to avoid irregular rear lot lines. Where this provision is implemented, the applicant shall restrict additions to residences by both deed restriction and a provision in the bylaws of the homeowners' association. Such restriction shall become a condition of approval.
(2) 
Architectural plans shall be submitted for all buildings or building types at the time of preliminary and final subdivision/site plan application. The purpose of requiring such plans is to insure the provision of a desirable visual environment as provided in the Municipal Land Use Law, and to insure that the development will comply with the floor plan requirements of this section. Architectural plans shall include floor plans and elevations indicating the styles, materials and colors of all proposed buildings or building types, including recreational buildings, maintenance buildings and residences. Building styles, materials and colors shall maintain a consistent theme throughout the PAC, but shall provide enough variety so as to avoid monotony. The Planning Board shall have the right to require the applicant to alter building styles, materials and/or colors in order to achieve the goal of a desirable visual environment.
(3) 
A buffer, a minimum of fifty-foot wide, shall be placed along all perimeter property lines abutting existing single family residences, vacant parcels, Green Grove Road and West Park Avenue. This buffer shall include a berm a minimum of four feet high in addition to the required plantings. A minimum twenty-five-foot wide buffer shall be required on all other perimeter property lines. The buffer area shall include a substantial planting of evergreen trees, shrubs and deciduous trees, and may also include fencing. A substantial portion of the buffer shall consist of two rows of evergreen trees spaced 10 feet on centers, but in order to provide visual interest these rows shall be broken up with less formal plantings of evergreen and deciduous trees and shrubs. These buffer areas may be included in the calculation of 25% open space required above.
(4) 
No accessory buildings or fencing shall be permitted on an individual homeowner's lot. Accessory buildings and fencing on common land shall conform to the height and setback requirements of accessory buildings in the R-4 Zone.
(5) 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks or porches less than three feet in height, must maintain the required front yard setback of the principal building and a minimum five feet setback from side and rear property lines. For lots abutting dedicated open space which is a minimum of 100 feet wide as measured perpendicular to the rear lot line of the subject lot, decks greater than three feet in height may maintain a minimum five-foot setback to the property line abutting open space lots. For all other lot lines, the setback of the deck shall be the greater of 10 feet or the required front, side, and rear yard setbacks of the principal building, except that stairs accessing such decks shall be permitted to be located a minimum of five feet from a side or rear lot line. All other accessory structures must maintain the required front, side, and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
(6) 
There shall be within each dwelling unit, adequate area for the temporary storage of recyclable materials, as required in this chapter.
(7) 
Common areas of any tract utilized for a PAC which are not accepted by the Township shall be deeded to the above required homeowners' association for use, control, management and maintenance.
(8) 
Every dwelling unit shall have a minimum of a one car garage, with a minimum 240 square feet of area. Such garage shall not be permitted to be converted to living space. All other off-street parking is required subject to the regulations of this chapter.
(9) 
Landscaping is required as follows:
(i) 
All lawn areas shall consist of sod. All lawn areas and planting beds shall be sprinklered. In order to insure the consistent and continued operation of sprinkler systems, the maintenance and cost of operation (including water) of sprinkler systems shall be born by the Homeowners' association.
(ii) 
All other landscaping requirements shall be subject to the regulations of this chapter.
(10) 
All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth for major subdivisions of land. All street right-of-way widths shall not be less than 50 feet, and all curb to curb pavement widths shall not be less than 30 feet. No building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in accordance with municipal ordinances.
(11) 
Maintenance.
(i) 
All lands and structures not deeded to and accepted by the municipality shall be serviced and maintained by the Homeowners' association including but not limited to the maintenance of building exteriors and grounds, street maintenance, snow plowing and similar services.
(ii) 
The above maintenance, including the maintenance of any property owned in fee simple by a homeowner, shall be subject to the provisions of Subsection 21-31.2b8(o)(17)(ii) through (viii). Any notices served in regard to failure to maintain property shall be served upon the Homeowners' association, and it shall be the responsibility of the Homeowners' association to cure said deficiencies or lack of maintenance.
c. 
Common Ownership Areas. All areas put into common ownership for common use by all residents of the development shall be owned by a nonprofit homeowners' association in accordance with the provisions of Subsection 21-31.3, Common Ownership Areas, for the R-3/PRD Zone.
[Added 2-28-2001 as Single Family Court Chester Overlay Option by Ord. No. 1884, deleted 12-11-2002 by Ord. No. 1944. Added 12-30-2014 by Ord. No. 2234; amended 10-25-2018 by Ord. No. 2310; 2-22-2024 by Ord. No. 2454]
The PAC-2 Overlay Option shall be applied only to those areas of the R-1 Zone that are specified in the Official Zoning Map of the Township of Ocean. The purpose of the PAC-2 Overlay Option is to provide a Planned Adult Community on an environmentally encumbered parcel of land in order to give recognition to the unique features of the overlay zone and to accommodate the provision of affordable housing off tract through a payment in lieu of constructing affordable units on-site.
a. 
A Planned Adult Community Development Option 2 Development shall only be permitted if:
1. 
Adequate public sewers are available, or are to be made available by the developer, to serve the proposed development; and,
2. 
There shall be no more than one access drive to Green Grove Road., and only one emergency access to West Park Avenue.
b. 
In the event that the applicant elects to develop the property as a PAC-2 Overlay Option, the following shall apply:
1. 
Minimum area of the Planned Adult Community shall be 60 acres. The residential density shall not be exceed one dwelling unit per gross acre, but in no case shall the total number of units in the PAC-2 Overlay Option exceed 75 units.
2. 
Any parcels within the PAC-2 Overlay Option zone that are not included as a part of a Planned Adult Community development shall be subject to the use and bulk requirements of the underlying R-1 Zone.
3. 
A minimum of 50% of the total tract area shall remain as undeveloped open space. Required buffer areas shall be considered developed area, and shall not be considered as undeveloped open space.
4. 
A minimum buffer, fifty-foot wide, shall be provided along all perimeter property lines. The buffer shall include a berm varying in height from two feet to five feet a solid screen of evergreen trees and shrubs, and a mixture of deciduous trees and shrubs. Where undisturbed natural vegetation exists, the Planning Board may waive the requirement for the berm in order to preserve the natural vegetation, but may still require supplementary vegetation to provide adequate screening. The applicant may also construct fencing in a buffer where deemed appropriate by the Planning Board, and the Planning Board reserves the right to require fencing in those locations where it deems such fencing to be necessary to provide adequate screening for adjacent residential properties.
5. 
A Homeowner's Association shall be required to be established by a Master Deed. Said deed shall require that the Homeowner's Association operate and maintain recreation facilities and maintain all commonly owned or commonly utilized properties and/or improvements including, but not limited to, streets and circulation drives, curbs, walkways, parking areas, site lighting, storm drain collection and utility service systems, buffers, open spaces and stormwater management facilities. Recreational facilities shall be provided and shall be available only to members of the Homeowner's Association and their guests, and shall not be available for use to the general public. No more than 25% of the units in a development shall be occupied prior to these facilities being fully constructed and operational. Such facilities shall include:
(a) 
A community clubhouse. Facilities within the clubhouse shall include an all purpose room, a commercial style kitchen, rest rooms and other such accommodations proposed by the applicant and deemed appropriate by the Planning Board. The minimum area of such facilities, as measured from the inside of the building walls, shall be 3,000 square feet.
(b) 
A swimming pool, not less than 1,300 square feet in area.
(c) 
A minimum of one tennis court or other outdoor adult recreational facility.
(d) 
Parking for the above facilities in the amount of one parking space for each 200 square feet of building area.
(e) 
The Master Deed shall require that the owner of each individual unit be a member of the Homeowners' association.
(f) 
The Homeowner's Association Master Deed shall prohibit the conversion of any interior space, which is not designated as a bedroom on the original approved building permit, to a bedroom, or the conversion of any garage, patio or deck to indoor living space of any kind.
(g) 
Parking of recreational vehicles or boats shall be prohibited anywhere within a Planned Adult Community. Recreational vehicles, for the purpose of this requirement, shall mean any: truck or van which has an overall length, bumper to bumper, of more than 20 feet any motor home; vehicle or structure designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons; or trailer or camping "pop-up" trailer.
6. 
Principal buildings shall be limited to detached single family residences, and shall be subject to the following standards.
(a) 
Minimum tract area: 60 acres.
(b) 
Minimum setback from all public roads: 75 feet.
(c) 
Minimum lot area: 6,600 square feet.
(d) 
Minimum lot width: 55 feet.
(e) 
Minimum lot depth: 120 feet.
(f) 
Minimum front yard setback (measured from the homeward edge of the sidewalk): 22 feet.
(g) 
Minimum side yard setback: 7.5 feet.
(h) 
Minimum rear yard setback: 20 feet.
(i) 
Minimum setback from perimeter property lines for entire community: 75 feet.
(j) 
Minimum width of perimeter buffer area: 50 feet.
(k) 
Maximum impervious lot coverage: 45% of total lot area.
(l) 
Maximum building coverage: 25% of total lot area.
(m) 
Maximum building height: 30 feet.
(n) 
Maximum number of stories: 2.
(o) 
No more than 24 inches of unfinished foundation shall be exposed above ground in the front of any building, and no more than 42 inches of unfinished foundation shall be exposed above ground in the architectural rear of any building.
(p) 
Architectural plans shall be submitted for all buildings or building types at the time of preliminary and final subdivision/site plan application. The purpose of requiring such plans is to insure the provision of a desirable visual environment as provided in the Municipal Land Use Law, and to provide an accurate accounting of the total number of bedrooms provided on the site. Architectural plans shall include floor plans and elevations indicating the number of bedrooms, styles, materials and colors of all proposed buildings. Building styles, materials and colors shall maintain a consistent theme throughout the development, but shall provide enough variety so as to avoid repetition of design on adjacent buildings. In order to achieve this goal, any two adjacent buildings shall have different architectural front elevations that provide enough variation to avoid obvious repetition and monotony. The Planning Board shall have the right to require the applicant to alter building styles, materials and/or colors in order to achieve the goal of a desirable visual environment.
(q) 
Second-story attics above garages may be accessed by pull-down or permanent stairs provided they do not have any plumbing fixtures or cooking apparatus. Such attic spaces may be finished and climate controlled. There shall be a deed restriction in place for any such space that prohibits the space from being used for sleeping purposes.
7. 
Accessory buildings and structures.
(a) 
Accessory structures including, but not limited to sheds, pools, play courts, basketball nets, and play equipment, are prohibited on any individual homeowner's lot. Accessory buildings and fencing on common land shall conform to the height and setback requirements of accessory buildings in the R-4 Zone.
(b) 
One project identification sign, limited to a height of five feet and a sign area of 32 square feet, is permitted. The sign shall be located on commonly owned property a minimum of 15 feet from any street right-of-way or any street pavement, whichever is greater.
(c) 
Fences and hedges shall be subject to the special conditions of this chapter.
(1) 
Permitted fencing is limited to fencing around the perimeter of the development on property lines of common lands under Homeowner Association ownership that are coincident with property lines of abutting residences. Such fencing shall not exceed six feet in height, except that any fencing within 30 feet of a street right-of-way or pavement shall not exceed four feet in height.
(2) 
Privacy screens consisting of shrubs may be installed around patios and may not exceed four feet in height.
(3) 
Privacy screens around patios and perimeter fencing shall comply with all other requirements and restrictions for fencing within Chapter 21.
(d) 
Patios.
(1) 
One patio per dwelling, not exceeding 350 square feet in area, shall be permitted, and shall meet the required minimum front yard setback for a principal structure. The edge of any patio surface shall be no more than one foot above finished grade at any point. Covered porches and decks shall be permitted, provided they meet the front, side and rear yard setback requirements of the principal dwelling. The area of such covered porches and decks shall not be included in the 350 square feet limitation of the patio area.
(2) 
Accessory structures such as, but not limited to, counters, bars, built-in barbecues, fireplaces, fire pits, and water features shall be permitted on patios provided they do not exceed four feet in height, from the patio elevation at the base of the structure, except that fireplaces may be as high as five feet from the patio elevation at the base of the structure. The hood of a barbecue is excluded from this height limitation. Where such structures are located on the edge of a patio, they shall not exceed the permitted height from finished grade at that point.
(3) 
Walls shall be permitted around patios provided they do not exceed 30 inches in height above finished grade at any point.
(4) 
Minimum patio side and rear yard setback: 10 feet.
(e) 
Sidewalks shall be required on both sides of the internal streets as well as along the site frontage on Green Grove Road and West Park Avenue. Where sidewalks are located upon individual lots or common lands owned by the Homeowner's Association, appropriate easements shall be provided as required at Paragraph b8(e)(8), herein, or as otherwise required pursuant to Site Plan review by the Planning Board.
8. 
Additional requirements.
(a) 
There shall be within each dwelling unit, adequate area for the temporary storage of recyclable materials, as required in this chapter.
(b) 
Common areas of any tract utilized for a PAC, which are not accepted by the Township shall be deeded to the above required homeowners' association for use, control, management and maintenance.
(c) 
Every dwelling unit shall have a minimum two car garage, with a minimum 380 square feet of area. Such garage shall not be permitted to be converted to living space. All other off-street parking is required subject to the regulations of this chapter.
(d) 
All internal and external improvements found necessary in the public interest including, but not limited to, streets and circulation drives, parking areas, sidewalks, curbs, gutters, lighting, shade trees, systems and appurtenant improvements for water distribution, sewage collection and/or disposal, drainage collection and stormwater management and distribution of utility services and other similar systems and/or improvements shall be designed and installed in accordance with Municipal standards for, or applicable to, major subdivisions of land as set forth within the Revised General Ordinances of the Township and/or its Comprehensive Land Development Ordinance.
(e) 
The design and dimensioning of all roadways and primary circulation drives within the development shall be in accordance with the following:
(1) 
No residential lot line shall be closer than 14 feet to the geometric center line of a roadway or primary circulation drive within the development.
(2) 
Paved cartway widths shall be a minimum of 30 feet in dimension.
(3) 
Edges of paved cartways shall be bordered and protected by mountable granite block curbs with monolithic, four inch wide concrete gutters.
(4) 
Parking shall be provided/permitted at appropriate locations along both sides of all roadways and primary circulation drives within the development.
(5) 
Concrete sidewalks having minimum widths of four feet shall be provided along both sides of all roadways and primary circulation drives within the development. Sidewalks shall be separated from curbs by grassed planting strips having minimum widths of 18 inches except as necessary to provide barrier-free pedestrian access to cartway crossings.
(6) 
The minimum setback distance between any residential dwelling unit and the pavement edge of any roadway or primary circulation drive within the development shall be 30 feet.
(7) 
The minimum setback distance between any residential dwelling unit and the house-side edge of any sidewalk within the development shall be 22 feet.
(8) 
A ten-foot wide access and maintenance easement shall be provided adjacent to every residential lot line which borders a roadway or primary circulation drive. Primary rights and responsibilities of the easement shall be assigned to the Homeowners' Association of the development. The Township shall be assigned such rights as are necessary to monitor and ensure continuous and satisfactory assumption of easement responsibilities. Every easement agreement shall be in a form acceptable to, and approved by, the Township Attorney.
(9) 
Subdivision monumentation for roadways and circulation drives, provided pursuant to requirements of the New Jersey Map Filing Law, shall be set along access and maintenance easement lines described above thereby providing simultaneous delineations of easement limits and street lines via a constant offset of 10 feet throughout the development.
9. 
Landscaping requirements.
(a) 
All lawn areas on individual lots shall consist of sod. All lawn areas on common properties may be seeded. All lawn areas and planting beds, both private and common, shall be sprinklered. In order to insure the consistent and continued operation of sprinkler systems, the maintenance and cost of operation (including water) of sprinkler systems shall be born by the Homeowners' association.
(b) 
All other landscaping requirements shall be subject to the regulations of this chapter.
10. 
Maintenance requirements.
(a) 
All lands and structures not deeded to and accepted by the municipality shall be serviced and maintained by the Homeowners' association including but not limited to the maintenance of building exteriors and grounds, street maintenance, snow plowing and similar services.
(b) 
The above maintenance, including the maintenance of any property owned in fee simple by a homeowner, shall be subject to the provisions of Subsection 21-31.2b8(o)(17)(ii) through (viii). Any notices served in regard to failure to maintain property shall be served upon the Homeowners' association, and it shall be the responsibility of the Homeowners' association to cure said deficiencies or lack of maintenance.
(c) 
Common ownership areas. All areas put into common ownership for common use by all residents of the development shall be owned by a nonprofit homeowners' association in accordance with the provisions of Subsection 21-31.3, Common Ownership Areas, for the R-3/PRD Zone.
c. 
Affordable housing. Developments in the Planned Adult Community Development Option 2 (PAC-2 Overlay Option) Zone shall address the need to provide affordable housing as hereinafter set forth.
1. 
Manner of providing affordable housing. Affordable housing shall be provided off tract through a payment in lieu of constructing affordable units on-site. The amount of an in lieu payment shall be subject to a developer's agreement executed with the Township providing for the payment of the sum of $1,800,000 based on the approval of 75 market rate units to be constructed on-tract ($24,000 x 75 approved market rate units = $1,800,000). The final payment shall be $24,000 times the number of approved market rate units.
2. 
Scope of construction or in lieu payment. Any development shall provide an in lieu payment of $1,800,000 ($24,000 x 75 approved market rate units), which payment shall be deposited in the municipal Affordable Housing Trust Fund to be used for the provision of off-site affordable housing in accordance with the Township's adopted Housing Element and Fair Share Plan, as may be amended.
3. 
Timing of in lieu payments. The in lieu affordable housing payment shall be delivered as follows:
No in lieu affordable housing payments are due prior to the issuance of the building permit for the first six market rate units. A payment of $24,000 shall be provided prior to the issuance of any Certificate of Occupancy for each of those first six units. Subsequent to the issuance of building permits for the first six units, a payment of $24,000 per unit shall be made prior to the issuance of a building permit for the balance of market rate units approved.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the R-1T Residential Transitional Zone is to provide for and protect the character of existing low density residential areas, while providing a cluster provision which will permit lot sizes consistent with surrounding residential lot sizes. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a residential area for strictly residential purposes by prohibiting commercial development or conversions to commercial or multifamily housing.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal permitted uses and structures.
1. 
Single family residential dwellings within a non-cluster or a cluster development.
b. 
Accessory buildings not to exceed 15 feet in height, structures and uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1. 
Private garage, not to exceed two spaces.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts.
4. 
Signs, subject to the special conditions of this chapter.
5. 
Fences and hedges subject to the special conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.
2. 
Public utility installations.
3. 
House of Worship.
[Amended 6-16-2008 by Ord. No. 2103]
4. 
Public and parochial schools.
5. 
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746, 9-18-1996 by Ord. No. 1748]
[Adopted 1-8-1992 by Ord. No. 1564; amended 1-5-1994 by Ord. No. 1657; 6-18-1997 by Ord. No. 1774; , 8-6-1997 by Ord. No. 1776, 8-3-2014 by Ord. No. 2228; 2-22-2024 by Ord. No. 2454]
The R-1T Residential Zone specified herewith shall be occupied only indicated below.
a. 
Single-Family (Non-Cluster).
1. 
Principal buildings.
(a) 
Minimum lot size: 40,000 square feet.
(b) 
Minimum lot width: 150 feet.
(c) 
Minimum lot depth: 150 feet.
(d) 
Minimum front yard setback (measured from the future street R.O.W.): 50 feet.
(e) 
Minimum each side yard setback: 20 feet.
(f) 
Minimum both side yard setbacks: 40 feet.
(g) 
Minimum rear yard setback: 40 feet.
(h) 
Minimum gross floor area.
(1) 
Two story dwellings:
First floor minimum: 1,400 square feet.
Overall minimum: 2,700 square feet.
(2) 
One and one-half story dwellings:
First floor minimum: 1,600 square feet.
Overall minimum: 2,500 square feet.
(3) 
Single story dwellings: 2,300 square feet.
(i) 
Maximum lot coverage.
Building: 25% of total lot area.
Impervious: 45% of total lot area.
(j) 
Maximum building height: 35 feet
(k) 
Maximum stories: two stories above grade
2. 
Accessory buildings, structures and uses.
(a) 
More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.
(b) 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks or porches three feet in height or less, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. Decks which exceed three feet in height must maintain the required side yard setback and may extend no more than 20 feet beyond the required rear yard setback line provided no point of the deck floor exceeds a height of seven feet above finished grade. Any deck which exceeds three feet in height and is located within the required rear yard shall have its base screened by either lattice or landscaping or a combination of the two.
Fiberglass push up masts to support amateur radio wire antennas are permitted to a maximum height of 38 feet and a minimum height of 10 feet for the wire antenna. The masts must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. In addition, the wire antenna is limited to a maximum of 12 gauge. Further, the fiberglass mast is limited to a maximum weight of 20 pounds and low visibility non-glossy colors such as gray, black and green. Antenna masts should be located where existing trees can provide visual masking, except where those locations would degrade antenna performance. All transmission lines from the antennas shall be protected by grounded lighting surge protectors that meets or exceeds UL Spec 497, Protector for Communications Circuitry. Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
b. 
Single Family (Cluster).
1. 
General requirements and provisions. General requirements and provisions for cluster residential development shall be the same as those for the R-1 Zone as described in Subsection 21-21.2 b.1 of this section.
2. 
Principal buildings.
(a) 
Minimum lot size: 22,500 square feet.
(b) 
Minimum lot width: 125 feet (interior lot).
- 150 feet (corner lot)
(c) 
Minimum lot dept: 150 feet.
(d) 
Minimum front yard setback (measured from the future street R.O.W.): 50 feet.
(e) 
Minimum each side yard setback: 20 feet.
(f) 
Minimum both side yard setbacks: 40 feet.
(g) 
Minimum rear yard setback: 40 feet.
(h) 
Minimum gross floor area.
(1) 
Two story dwellings:
First floor minimum: 1,200 square feet
Overall minimum: 2,400 square feet
(2) 
One and one-half story dwellings:
First floor minimum: 1,300 square feet
overall minimum: 2,300 square feet
(3) 
Single story dwellings: 2,000 square feet.
(i) 
Maximum lot coverage:
Building: 25% of total lot area.
Impervious: 45% of total lot area
(j) 
Maximum density: 1.0 units per acre of total lot area.
(k) 
Maximum building height: 35 feet.
(l) 
Maximum stories: two stories above grade.
3. 
Accessory buildings and uses. All accessory buildings and uses in a cluster arrangement shall conform to the development standards of accessory buildings and uses in the non-cluster arrangement.
4. 
Buffering from abutting nonresidential zones, sensitive environmental areas and arterial roads shall be considered as important factors in reviewing applications for cluster development.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Off-street parking is required subject to the requirements of this chapter.
b. 
Landscaping is required subject to the requirements of this chapter.
c. 
No more than 24 inches of unfinished foundation shall be exposed above ground in the front of any building and no more than 42 inches of unfinished foundation shall be exposed above ground in the architectural rear of any building.
[Added 6-18-1997 by Ord. No. 1774, amended 8-6-1997 by Ord. No. 1776]
[Added 1-10-2001 by Ord. No. 1880]
The Commercial Development Option shall be applied in only those areas of the O-1/80 Zone and R-1T Zone which are specified on the Official Zoning Map of the Township of Ocean. It is the purpose of the Commercial Development Option to enhance the potential for commercial development on the eastern side of Route 35 at Deal Road, consistent with other land uses within the Route 35 Corridor and the "Route 35/Deal Road Center" as defined on Map 5 - Community Characteristics - of the Township Master Plan.
a. 
A commercial development option shall be permitted provided that:
1. 
The R-1T and contiguous O-1/80 Commercial Development Option parcels are developed as a single, integrated development.
2. 
The provisions of Subsection 21-42.4 shall govern any such development.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the R-2 Residential Zone is to provide for new areas and protect the character of existing areas with 1/2 acre lots. The provisions and regulations set forth herein encourage the future development and maintenance of these areas as residential areas for strictly residential purposes by prohibiting commercial development or conversions to commercial or multifamily housing.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Permitted Uses and Structures.
1. 
Single family residential dwellings within a non-cluster or a cluster development.
2. 
Family day care home.
[Added 8-21-1996 by Ord. No. 1746]
b. 
Accessory buildings not to exceed 15 feet in height, structures and uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1. 
Private garage, not to exceed two spaces.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts.
4. 
Signs, subject to the special conditions of this chapter.
5. 
Fences and hedges subject to the special conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.
2. 
Public utility installations.
3. 
House of worship.
[Amended 6-16-2008 by Ord No 2103]
4. 
Public schools, parochial schools and boarding schools.
[Amended 11-4-1998 by Ord. No. 1814]
5. 
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
6. 
Community recreation center.
[Added 9-18-1996 by Ord. No. 1748]
[Adopted 1-8-1992 by Ord No. 1564; amended 6-18-1992 Ord. No. 1585; 1-5-1994 by Ord. No. 1657; 6-18-1997 by Ord. No. 1774; 8-6-1997 by Ord. No. 1776; 3-15-2000 by Ord. No. 1851; 1-10-2001 by Ord. No. 1881; 8-13-2014 by Ord. No. 2228; 4-27-2023 by Ord. No. 2417; 2-22-2024 by Ord. No. 2454]
The R-2 Residential Zone specified herewith shall be occupied only as indicated in this chapter.
a. 
Single-Family (Non-Cluster).
1. 
Principal buildings.
(a) 
Minimum lot size: 22,500 square feet.
(b) 
Minimum lot width: 125 feet.
(c) 
Minimum lot depth: 125 feet.
(d) 
Minimum front yard setback (measured from the future street R.O.W.: 50 feet.
(e) 
Minimum side yard setback: 10 feet.
(f) 
Minimum both side yard setback: 30 feet.
(g) 
Minimum rear yard setback: 40 feet.
(h) 
Minimum gross floor area.
(1) 
Two story and two and one-half story dwellings:
First floor minimum: 1,200 square feet
Overall minimum: 2,200 square feet
(2) 
One and one-half story dwellings:
First floor minimum: 1,400 square feet
Over all minimum: 2,200 square feet
(3) 
Single story dwellings: 1,800 square feet.
(i) 
Maximum lot coverage:
Building: 25% of total lot area.
Impervious: 45% of total lot area.
(j) 
Maximum building height: 35 feet.
(k) 
Maximum stories: two and one-half stories above grade.
2. 
Accessory buildings, structures, and uses.
(a) 
More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.
(b) 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks or porches three feet in height or less, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. Decks which exceed three feet in height must maintain the required side yard setback and may extend no more than 20 feet beyond the required rear yard setback line provided no point of the deck floor exceeds a height of seven feet above finished grade. Any deck which exceeds three feet in height and is located within the required rear yard shall have its base screened by either lattice or landscaping or a combination of the two.
Fiberglass push up masts to support amateur radio wire antennas are permitted to a maximum height of 38 feet and a minimum height of 10 feet for the wire antenna. The masts must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. In addition, the wire antenna is limited to a maximum of 12 gauge. Further, the fiberglass mast is limited to a maximum weight of 20 pounds and low visibility non-glossy colors such as gray, black and green. Antenna masts should be located where existing trees can provide visual masking, except where those locations would degrade antenna performance. All transmission lines from the antennas shall be protected by grounded lighting surge protectors that meets or exceeds UL Spec 497, Protector for Communications Circuitry. Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
b. 
Single-Family (Cluster).
1. 
General requirements and provisions. General requirements and provisions for cluster residential development shall be the same as those for the R-1 Zone as described in Subsection 21-22.2b.1 of this section.
2. 
Principal buildings.
(a) 
Minimum lot size: 16,875 square feet.
(b) 
Minimum lot width: 120 feet.
(c) 
Minimum lot depth: 120 feet.
(d) 
Minimum front yard setback (measured from the future street R.O.W.): 45 feet.
(e) 
Minimum side yard setback: 10 feet.
(f) 
Minimum both side yard setback: 30 feet.
(g) 
Minimum rear yard setback: 40 feet.
(h) 
Minimum gross floor area.
(1) 
Two story and tow and one-half story dwellings:
First floor minimum: 1,000 square feet
Overall minimum: 2,000 square feet
(2) 
One and one-half story dwellings:
First floor minimum: 1,200 square feet
Overall minimum: 2,000 square feet
(3) 
Single story dwellings: 1,600 square feet.
(i) 
Maximum lot coverage:
Building: 25% of total lot area
Impervious: 45% of total lot area
(j) 
Maximum density: 1.7 units per acre of total lot area
(k) 
Maximum building height: 35 feet
(l) 
Maximum stories: two and one-half stories above grade.
3. 
Accessory buildings and uses. All necessary buildings and uses in a cluster arrangement shall conform to the development standards for accessory buildings and uses in the non-cluster arrangement.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Off-street parking is required subject to the requirements and conditions of this chapter.
b. 
Landscaping is required subject to the requirements and conditions of this chapter.
c. 
No more than 24 inches of unfinished foundation shall be exposed above ground in the front of any building, and no more than 42 inches of unfinished foundation shall be exposed above ground in the architectural rear of any building.
[Added 6-18-1997 by Ord. No. 1774, amended 8-6-1997 by Ord. No. 1776]
[Added 1-10-2011 by Ord. No. 2164]
The purpose of the R-2HD Zone is to create an overlay zone for certain properties within the R-2 Zone known and designated as Lots 33, 33.01, 34, 35, and 36 in Block 37.16 pursuant to a settlement agreement in litigation known as Martelli at Wayside, LLC v. Township of Ocean, et al., Docket No. MON-L-5221- 09. The provisions set forth herein encourage future development of smaller, single-family homes at a higher density.
[Added 1-10-2011 by Ord. No. 2164]
a. 
Principal Permitted Uses and Structures.
1. 
Single-family residential dwellings.
b. 
Accessory buildings not to exceed 10 feet in height, structures and uses including:
1. 
Fences in accordance with § 21-48.
2. 
Private decks.
3. 
Private patios, pools and sheds.
4. 
Development identification sign. Two permitted and located at least two feet beyond any proposed right-of-way line. If the identification sign is located on property not owned by a homeowner's association, easements must be provided for sign locations. The identification sign shall have a maximum area of 20 square feet and a height of five feet.
5. 
Development gate house, not to exceed 150 square feet, provided that the road servicing the development is a private road. If the road servicing the development is a public right-of-way, no gate house is permitted. A height of 15 feet is permitted for the gate house.
[Added 1-10-2011 by Ord. No. 2164; amended 4-27-2023 by Ord. No. 2417; 2-22-2024 by Ord. No. 2454]
The R-2HD Zone specified herewith shall be occupied only as indicated in this section 21-24A.
a. 
Single Family Homes.
1. 
Principal buildings.
(a) 
Minimum gross tract Area: 14 acres.
(b) 
Minimum lot size: 9,750 square feet (for lots along Bowne Road, the minimum lot size shall be 9,000 square feet and the minimum lot depth shall be 120 feet).
(c) 
Minimum lot width: 75 feet.
(d) 
Minimum lot depth: 130 feet (for lots along Bowne Road, the minimum lot size shall be 9,000 square feet and the minimum lot depth shall be 120 feet).
(e) 
Minimum front yard setback: 25 feet.
(f) 
Minimum rear yard setback: 40 feet.
(g) 
Minimum side yard setback: 10 feet.
(h) 
Maximum building height: 35 feet from the highest point of finished grade at the front of the building or two and one-half stories, which ever is less.
(i) 
Maximum building coverage: 25% of the total lot area.
(j) 
Maximum lot coverage: 45% of the total lot area.
(k) 
Maximum permitted density: 2.1 units/acre.
2. 
Accessory structures.
(a) 
More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.
(b) 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks or porches three feet in height or less, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. No such accessory structures, however, shall be located within the perimeter buffer required by Subsection 21-24A.3.
Decks which exceed three feet in height must maintain the required side yard setback and may extend no more than 20 feet beyond the required rear yard setback line provided no point of the deck floor exceeds a height of seven feet above finished grade. Any deck which exceeds three feet in height and is located within the required rear yard shall have its base screened by either lattice or landscaping or a combination of the two. All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
[Added 1-10-2011 by Ord. No. 2164]
a. 
A perimeter buffer consisting of existing and/or proposed plantings of at least 25 feet in width shall be provided. The perimeter buffer may be located within required rear yard setback area and shall be subject to a landscape buffer easement to prevent its removal. The perimeter buffer does not apply to lots accessing Bowne Road.
b. 
Subsection 21-20.16 concerning soil removal shall not apply to this overlay zone in connection with the initial construction of residential dwellings as part of any subdivision approval. However, upon issuance of certificate of occupancy for a residential dwelling on a lot created as part of a subdivision within this overlay zone, all future development on that lot must comply with Subsection 21-20.16 related to soil removal.
c. 
The finished grade at the front of each house shall be no more than 36 inches below the finished floor elevation.
d. 
The finished grade at the rear of each house shall be no more than 54 inches below the finished floor elevation.
e. 
For the lots that have frontage on Bowne Road but the driveways access the interior road, there shall be the creation of an open space lot, 10 feet in width along the rear property line along the Bowne Road right-of-way. The ten-foot wide open space lot shall consist of plantings and/or a berm, existing or proposed, at the discretion of the Planning Board. The ten-foot wide open space lot can count towards any buffer or setback requirement for an adjoining lot.
f. 
Any open space lots as part of the development do not have to comply with the development standards contained herein.
g. 
Any open space lots or private roads have to be owned and managed by a homeowner's association.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the R-3 Residential Zone is to provide for smaller lot sizes to meet the desires of a certain segment of the population who need and desire moderately priced housing. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a residential area for strictly residential purposes by prohibiting commercial development or conversions to commercial or multifamily housing.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any one of the following purposes:
a. 
Principal permitted uses and structures.
1. 
Single family residential dwellings within a non-cluster or a cluster development.
2. 
Family day care home:
[Added 8-21-1996 by Ord. No. 1746]
b. 
Accessory buildings not to exceed 15 feet in height, structures and uses including: Amended 9-18-1996 by Ord. No. 1748]
1. 
Private garage, not to exceed two spaces.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts.
4. 
Signs, subject to the special conditions of this chapter.
5. 
Fences and hedges subject to the special conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.
2. 
Public utility installations.
3. 
House of worship.
[Amended 6-16-2008 by Ord. No. 2103]
4. 
Public and parochial schools.
5. 
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
6. 
Community recreation center.
[Added 9-18-1996 by Ord. No. 1748]
[Adopted 1-8-1992 by Ord. No. 1564; amended 1-5-1994 by Ord. No. 1657; 9-21-1994 by Ord. No. 1680; 6-5-1996 by Ord. No. 1733; 6-18-1997 by Ord. No. 1774; 8-6-1997 by Ord. No. 1776; 8-13-2014 by Ord. No. 2228; 4-27-2023 by Ord. No. 2417; 2-22-2024 by Ord. No. 2454]
The R-3 Residential Zone specified herewith shall be occupied only as indicated in this chapter.
a. 
Single-Family (Non-Cluster).
1. 
Principal buildings.
(a) 
Minimum lot size: 18,750 square feet.
(b) 
Minimum lot width: 125 feet.
(c) 
Minimum lot depth: 125 feet.
(d) 
Minimum front yard setback (measured from the future street R.O.W.): 45 feet.
(e) 
Minimum side yard setback: 10 feet.
(f) 
Minimum both side yard setbacks: 30 feet.
(g) 
Minimum rear yard setback: 40 feet.
(h) 
Minimum gross floor area.
(1) 
Two story and two and one-half story dwellings:
First floor minimum: 900 square feet
Overall minimum: 1,800 square feet
(2) 
One and one-half story dwellings:
First floor minimum: 1,100 square feet
Overall minimum: 1,800 square feet
(3) 
Maximum story dwellings: 1,500 square feet.
(i) 
Maximum lot coverage:
Building: 25% of total lot area.
Impervious: 45% of total lot area.
(j) 
Maximum building height: 35 feet
(k) 
Maximum stories: two and one-half stories above grade.
2. 
Accessory buildings, structures, and uses.
(a) 
More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.
(b) 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks or porches three feet in height or less, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. Decks which exceed in three feet in height must maintain the required side yard setback and may extend no more than 20 feet beyond the required rear yard setback line provided no point of the deck floor exceeds a height of seven feet above finished grade. Any deck which exceeds three feet in height and is located within the required rear yard shall have its base screened by either lattice or landscaping or a combination of the two.
Fiberglass push up masts to support amateur radio wire antennas are permitted to a maximum height of 38 feet and a minimum height of 10 feet for the wire antenna. The masts must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. In addition, the wire antenna is limited to a maximum of 12 gauge. Further, the fiberglass mast is limited to a maximum weight of 20 pounds and low visibility non-glossy colors such as gray, black and green. Antenna masts should be located where existing trees can provide visual masking, except where those locations would degrade antenna performance. All transmission lines from the antennas shall be protected by grounded lighting surge protectors that meets or exceeds UL Spec 497, Protector for Communications Circuitry. Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
b. 
Single-Family (Cluster).
1. 
General requirements and provisions. General requirements and provisions for cluster residential development shall be the same as those for the R-1 Zone as described in Subsection 21-22.2b.1 of this chapter.
2. 
Principal buildings.
(a) 
Minimum lot size: 14,000 square feet.
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum lot depth: 125 feet.
(d) 
Minimum front yard setback (Measured from the future street R.O.W.): 35 feet (Except that any attached or detached garage with the doors facing a public street shall be set back a minimum of 40 feet)
(e) 
Minimum side yard setback: 10 feet.
(f) 
Minimum both side yard setback: 30 feet.
(g) 
Minimum rear yard setback: 40 feet.
(h) 
Minimum gross floor area.
(1) 
Two story and two and one-half story dwellings:
First floor minimum: 800 square feet
Overall minimum: 1,600 square feet
(2) 
One and one-half story dwellings:
First floor minimum: 1,000 square feet
Overall minimum: 1,600 square feet
(3) 
Single story dwellings: 1,400 square feet
(i) 
Maximum lot coverage:
Building: 25% of total lot area.
Impervious: 45% of total lot area.
(j) 
Maximum density: 2.0 units per acre of total lot area.
(k) 
Maximum building height: 35 feet.
(l) 
Maximum stories: two and one-half stories above grade.
3. 
Accessory buildings and uses. All accessory buildings and uses in a cluster arrangement shall conform to the development standards for accessory buildings and uses in the non-cluster arrangement.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Off-street parking is required subject to the requirements and conditions of this chapter.
b. 
Landscaping is required subject to the requirements and conditions of this chapter.
c. 
No more than 24 inches of unfinished foundation shall be exposed above ground in the front of any building and no more than 42 inches of unfinished foundation shall be exposed above ground in the architectural rear of any building.
[Added 6-18-1997 by Ord. No. 1774, amended 8-6-1997 by Ord. No. 1776]
[Added 12-1-1999 by Ord. No. 1839, amended 1-10-2001 by Ord. No. 1875, 1-26-2005 by Ord. No. 2003; 2-22-2024 by Ord. No. 2454]
The PAC Option shall be applied in only those areas of the R-3 Zone and adjacent O-1-20 Zone which are specified on the Official Zoning Map of the Township of Ocean. It is the purpose of the PAC option to provide an alternative form of "housing for older persons" within the Township, while not adversely impacting or overburdening the local street system, the school system, the sanitary sewerage system and other community services and facilities.
a. 
A planned adult community option shall be permitted only if:
1. 
Adequate sewers are available, or are to be made available by the applicant, to serve the proposed development; and
2. 
Normal vehicular access is restricted to/from N.J. Route 66 except that emergency access only to/from the site may be provided from Bowne Road via Center Street or through the approved emergency access strip which connects Block 153 Lot 70 with Dune Road in the Hampton's development to the immediate west.
b. 
In the event that the applicant elects to develop the property as a planned adult community, the following shall apply:
1. 
The gross residential density shall not exceed 2.5 dwelling units per acre of gross lot area. Gross residential density shall be the total number of dwelling units divided by the gross lot area of the entire planned adult community development parcel. However, in no case shall the total number of units in the PAC Overlay Zone exceed 345.
2. 
The developer shall reserve no less than 25% of the site for recreation and open space purposes. A minimum of five contiguous acres of usable land, not a part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer, shall be reserved for recreation and open space purposes. This land may be utilized for the provision of "facilities and services specifically designed to meet the physical or social needs of older persons" as required for a PAC. The location shall be approved by the Planning Board. Title to all reserved or common land shall be held in fee simple by the Homeowners' association, except that the municipality may elect to have certain areas dedicated to the municipality.
3. 
A Homeowners' association shall be required to be established by a Master Deed. Said deed shall require that the Homeowners' association establish and maintain "significant facilities and services specifically designed to meet the physical or social needs of older persons" as required by the Federal Fair Housing Act. No more than 25% of the units in a PAC shall be occupied prior to these facilities being fully constructed and operational. Such facilities shall include:
(a) 
A community clubhouse. Facilities within the clubhouse shall include an all purpose room, a commercial style kitchen, rest rooms and other such accommodations proposed by the applicant and deemed appropriate by the Planning Board. The minimum area of such facilities, as measured from the inside of the building walls, shall be 9,000 square feet.
(b) 
A swimming pool, not less than 3,000 square feet in area, of which a minimum of 50% shall be four feet deep or less.
(c) 
Additional outdoor recreation facilities, such as a putting green, bocce courts, tennis courts, etc., geared towards senior citizens shall also be provided. Any outdoor recreation facility shall be utilized only by residents of the PAC or their guests, and shall not be available for use by the general public.
(d) 
Transportation amenities, such as sheltered bus stops, or other facilities geared specifically for senior citizens shall also be provided if required by the Planning Board.
(e) 
Parking for the above facilities in the amount of one parking space for each 200 square feet of building area.
(f) 
Parking of recreational vehicles or boats shall be prohibited anywhere within a planned adult community. Recreational vehicles, for the purpose of this requirement, shall mean any: truck or van which has an overall length, bumper to bumper, of more than 20 feet; any motor home; vehicle or structure designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons; or trailer or camping "pop-up" trailer.
In addition, the master deed shall require that the owner of each individual unit be a member of the Homeowners' association, that all member households have at least one person who is a minimum of 55 years of age or older, that all permanent occupants of any member housing unit be 18 years of age or older, and that no housing unit within the development have more than three bedrooms." The above restrictions shall also be a requirement of every deed for each individual parcel in the PAC.
4. 
A PAC shall be of a size not less than 100 acres.
5. 
Dwelling units shall be detached single-family dwelling units. The development shall utilize the following standards:
(a) 
Minimum building setback from perimeter property lines: 100 feet (Except that the maximum building setback along N.J. Route 18 may be reduced to 75 feet where a heavily planted berm is established within the required buffer. The top of the berm shall be no less than 7.5 feet above the highest finished grade at the rear of the building, and no less than 10 feet above the elevation of the nearest paved portion of N.J. Route 18.)
(b) 
Minimum lot area: 6,000 square feet.
(c) 
Minimum lot width: 55 feet.
(d) 
Minimum lot depth: 110 feet.
(e) 
Minimum setbacks.
Front yard
No residential unit shall be set back less than 25 feet except that the average front yard setback of any 4 consecutive residential units shall be no less than 30 feet. Furthermore, attached garages may be set back not less than 20 feet provided the average setback of any 4 consecutive attached garages shall be no less than 25 feet
One side yard
5 feet
Both side yards
15 feet
Rear yard
15 feet except that the average rear yard setback of any 4 units shall be not less than 20 feet, and the distance between the rear of any 2 structures shall be not less than 35 feet
(f) 
Maximum lot coverage:
Building: 25% of total lot area.
Impervious: 45% of total lot area.
(g) 
Maximum building height.
1 Story Above Grade: 25 feet
2 Stories Above Grade: 30 feet
(h) 
Maximum stories: two stories above grade except that the floor area of the second story above grade shall not exceed 50% of the floor area of the first story above grade (excluding the garage area)
(i) 
Other provisions.
(1) 
In order to avoid a "cookie cutter" appearance to the PAC, lot widths and depths and building setbacks shall be varied. In this regard, the following criteria shall be followed:
(i) 
No more than three buildings in a row which front on the same street shall have the same architectural dimensions.
(ii) 
On all streets, except cul-de-sac bulbs and streets where the center line radius is less than 350 feet, one of the following measures shall be taken:
[a] 
No more than two lots in a row which front on the same street shall exist without a variation in lot width of at least 10 feet. Lot depths shall remain consistent for all lots facing the same street frontage on any block in order to avoid irregular rear lot lines, or;
[b] 
The plan shall provide for a variation in building side yard setbacks so that no more than three houses in a row which front on the same street shall exist without a minimum 10 feet difference in separation of the buildings. Lot depths shall remain relatively consistent for all lots facing the same street frontage on any block in order to avoid irregular rear lot lines. Where this provision is implemented, the applicant shall restrict additions to residences by both deed restriction and a provision in the bylaws of the homeowners' association. Such restriction shall become a condition of approval.
(2) 
Architectural plans shall be submitted for all buildings or building types at the time of preliminary and final subdivision/site plan application. The purpose of requiring such plans is to insure the provision of a desirable visual environment as provided in the Municipal Land Use Law, and to insure that the development will comply with the floor plan requirements of this section. Architectural plans shall include floor plans and elevations indicating the styles, materials and colors of all proposed buildings or building types, including recreational buildings, maintenance buildings and residences. Building styles, materials and colors shall maintain a consistent theme throughout the PAC, but shall provide enough variety so as to avoid monotony. The Planning Board shall have the right to require the applicant to alter building styles, materials and/or colors in order to achieve the goal of a desirable visual environment.
(3) 
A buffer, a minimum of 50 feet wide, shall be placed along all perimeter property lines. This buffer shall include berms of variable height where deemed necessary by the Municipal Agency in addition to the required plantings. A minimum 25 feet wide planted area shall be required in all buffer areas and shall include a substantial planting of evergreen trees, shrubs and deciduous trees, and may also include fencing. Such plantings may supplement or replace existing vegetation as appropriate. A substantial portion of the planted area shall consist of two rows of evergreen trees spaced 10 feet on centers, but in order to provide visual interest these rows shall be broken up with less formal plantings of evergreen and deciduous trees and shrubs. These buffer areas may be included in the calculation of 25% open space required above.
(4) 
No accessory buildings or fencing shall be permitted on an individual homeowner's lot. Accessory buildings and fencing on common land shall conform to the height and setback requirements of accessory buildings in the R-4 Zone.
(5) 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, driveways, patios, and decks or porches less than three feet in height, must maintain the required front yard setback of the principal building and a minimum five feet setback from side and rear property lines. All other accessory structures must maintain the required front, side, and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
In order to provide for a varied and desirable visual environment, driveway setback from one side lot line may be reduced to zero feet in order to accommodate a "side loading" garage. In any such instance, the driveway on the property immediately adjacent to the zero-foot setback shall be set back a minimum of seven feet from the common side property line. Where this provision is implemented, the applicant shall restrict the location of driveways on adjacent lots by both deed restriction and a provision in the bylaws of the homeowners' association. Such restriction shall become a condition of approval.
(6) 
There shall be within each dwelling unit, adequate area for the temporary storage of recyclable materials, as required in this chapter.
(7) 
Common areas of any tract utilized for a PAC which are not accepted by the Township shall be deeded to the above required homeowners' association for use, control, management and maintenance.
(8) 
Every dwelling unit shall have a minimum of a two car garage, with a minimum 400 square feet of area. Such garage shall not be permitted to be converted to living space. All other off-street parking is required subject to the regulations of this chapter.
(9) 
Landscaping is required as follows:
(i) 
All lawn areas shall consist of sod. All lawn areas and planting beds shall be sprinklered. In order to insure the consistent and continued operation of sprinkler systems, the maintenance and cost of operation (including water) of sprinkler systems shall be born by the homeowners' association.
(ii) 
All other landscaping requirements shall be subject to the regulations of this chapter.
(10) 
All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth for major subdivisions of land. All street right-of way widths shall not be less than 50 feet. No building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in accordance with municipal ordinances.
(11) 
Maintenance.
(i) 
All lands and structures not deeded to and accepted by the municipality shall be serviced and maintained by the owner of said property, or homeowners' association in the event of common land, including but not limited to the maintenance of building exteriors and grounds, street maintenance, snow plowing and similar services.
(ii) 
The above maintenance, and also including the maintenance of any property owned in fee simple by a homeowner, shall be subject to the provisions of Subsection 21-31.2b8(o)(17)(ii) through (viii). Any notices served in regard to failure to maintain property shall be served upon the homeowners' association, and it shall be the responsibility of the homeowners' association to cure said deficiencies or lack of maintenance.
c. 
Common Ownership Areas. All areas put into common ownership for common use by all residents of the development shall be owned by a nonprofit homeowners' association in accordance with the provisions of Subsection 21-31.3, Common Ownership Areas for the R-3/PRD Zone.
[Added 2-7-2011 by Ord. No. 2163; amended 2-22-2024 by Ord. No. 2454]
The purpose of the R-3 Alternative Single-Family Overlay Residential Option is to provide for an alternative single family residential infill development on minimum five acre tracts with a gross density of not more than 3.4 units/acre and lots of no less than 7,000 square feet.
a. 
Permitted Uses. A building may be erected, altered, or used, and a lot or premises may be occupied and used for any one of the following purposes:
1. 
Principal permitted uses and structures.
(a) 
Detached one-family dwelling.
(b) 
Family day care home.
2. 
Accessory buildings and structures.
(a) 
Accessory structures including, but not limited to decks, sheds, pools, play courts, basketball nets, and play equipment, are prohibited unless specifically permitted below.
(b) 
One project identification sign, limited to a height of five feet and a sign area of 32 square feet, is permitted. The sign shall be located on commonly owned property a minimum of 15 feet from any street right-of-way or any street pavement, whichever is greater.
(c) 
Fences and hedges shall be subject to the special conditions of this chapter.
(1) 
Permitted fencing is limited to open fencing around the perimeter of any subdivision, on residential property lines that are coincident with common lands under homeowner association ownership, or along common rear property lines of abutting residences. Such fencing shall not exceed six feet in height, except that any fencing within 30 feet of a street right-of-way or pavement shall not exceed four feet in height. For the purpose of this requirement, open fencing is defined as estate style ornamental fencing that has no more than 1/4 of the area of its face in any eight-foot section, as measured from the highest point of the fence to the ground, consisting of fencing materials. Plantings shall be provided along the fence to soften the appearance of the fence where the rear property line of a residential lot that is created by any subdivision within the overlay zone abuts a property line of any existing adjacent residential lot. Such plantings shall be a mix of evergreen and deciduous materials and shall not form a screen. For the purpose of Subsection 21-25.5, a privacy screen is a grouping of plants exceeding three feet in height that form a visual barrier for a distance of eight feet or longer. All such fencing and landscaping on residential lots shall be located within an easement granted to the homeowners' association for the purpose of control and maintenance of the fencing and landscaping. Individual lots or yards may not be fenced-in with an enclosure.
(2) 
Privacy screens and fences may be planted around patios and may not exceed five feet in height. Privacy screens and fences around patios shall not exceed 30 linear feet in total length for each individual dwelling unit.
(3) 
Privacy screens and fences around patios and open perimeter fencing shall comply with all other requirements and restrictions for fencing within Chapter 21.
(d) 
One patio per dwelling, not exceeding 325 square feet in area shall be permitted. Front porches shall be permitted provided they are covered by a roof and meet the front and side setback requirements of the principal dwelling.
b. 
Development Standards. The Alternative Single-Family Overlay Residential Option Zone specified herewith shall be occupied only as indicated in this chapter and shall only be located on a contiguous tract of five acres or greater.
1. 
Principal buildings.
(a) 
Maximum gross density: 3.4 units per acre
(b) 
Minimum lot area: 7,000 square feet
(c) 
Minimum lot width: 60 feet
(d) 
Minimum lot depth: 100 feet
(e) 
Minimum front yard setback (measured from the homeward edge of the sidewalk or curb in the event there is no sidewalk): 20 feet to the residential portion of the building.
- 22 feet to any garage
(f) 
Minimum side yard setback: 7.5 feet
(g) 
Minimum rear yard setback: 15 feet to the first story above grade
- 25 feet for all other stories above grade
(h) 
Minimum gross floor area
(1) 
Two story dwellings;
First floor minimum: 700 square feet
Overall minimum: 1,400 square feet
(2) 
One and one-half story dwellings:
First floor minimum: 850 square feet
Overall minimum: 1,400 square feet
(3) 
Single story dwellings: 1,300 square feet
(i) 
Maximum lot coverage.
Building: 25% of total lot area.
Impervious: 45% of total lot area.
(j) 
Maximum building height: 30 feet
(k) 
Maximum stories: two stories above grade
2. 
Other provisions and requirements.
(a) 
Off-street parking is required subject to the following:
2 Bedroom
1.5 spaces
3 Bedroom
2.0 spaces
4 Bedroom
2.5 spaces
5 Bedroom
3.0 spaces
Note: A 2 car garage with a minimum 20-foot long driveway shall count as 3.5 parking spaces
(b) 
To allow adequate room for on-street parking, street pavement width shall be 30 feet, and driveways shall be located so as to allow for the maximum amount of on-street parking.
(c) 
A landscaped buffer shall be placed along all public street frontages except for residential lots that have driveway access to a public street. This buffer shall be a minimum of 25 feet wide on common land, 15 feet wide on residential lots, and include a berm of varying heights, but a minimum of two feet high. The buffer area shall include a substantial planting of evergreen trees, shrubs and deciduous trees, and may also include fencing as permitted in this section. A substantial portion of the buffer shall consist of two rows of evergreen trees spaced 10 feet on centers, but in order to provide visual interest these rows shall be broken up with less formal plantings of evergreen and deciduous trees and shrubs.
(d) 
No more than 24 inches of unfinished foundation shall be exposed above ground in the front of any building, and no more than 42 inches of unfinished foundation shall be exposed above ground in the architectural rear of any building.
(e) 
No portion of any garage shall be converted to living space.
(f) 
Street trees shall be located a minimum of 30 feet on centers, and no fewer than two street trees shall be provided per lot.
(g) 
The applicant shall be required to provide affordable or workforce housing, or a donation to a fund established to construct affordable or workforce housing if such housing is required by State regulation or law. The decision as to whether the applicant shall provide a donation or construct such housing shall be at the sole discretion of the Township, unless otherwise dictated by State regulation or law. Such housing construction or donation shall be in accordance with the requirements or regulations of the New Jersey Council on Affordable Housing or its successor agency or, in absence of such agency, in accordance with the applicable State regulations governing the provision of affordable or workforce housing that are in effect at the time of final subdivision approval. The housing or donation shall be provided at the time of the issuance of the first building permit or prior to the sale of the first lot if the subdivision is not to be built by one developer.
(h) 
A homeowners' association shall be required to be established by a Master Deed. The homeowners' association shall be, at a minimum, responsible for control and maintenance of all drainage structures, fencing, and common open space within the development.
(i) 
No street or driveway access shall be permitted to Monmouth Road.
(j) 
Architectural plans shall be submitted for all buildings or building types at the time of preliminary and final subdivision/site plan application. The purpose of requiring such plans is to insure the provision of a desirable visual environment as provided in the Municipal Land Use Law. Architectural plans shall include floor plans and elevations indicating the number of bedrooms, styles, materials and colors of all proposed buildings. Building styles, materials and colors shall maintain a consistent theme throughout the development, but shall provide enough variety so as to avoid monotony. The Planning Board shall have the right to require the applicant to alter building styles, materials and/or colors in order to achieve the goal of a desirable visual environment.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the R-4 Residential Zone is to provide for smaller lot sizes to meet the desires of a certain segment of the population who need and desire lower cost housing and to zone the area in conformance with existing lot sizes. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a residential area.
[Adopted 1-8-1992 by Ord. No. 1564, amended 6-18-1992 by Ord. No. 1585, 12-20-1995 by Ord. No. 1720]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any one of the following purposes:
a. 
Principal permitted uses and structures.
1. 
Detached one-family dwelling.
2. 
Family day care home.
[Added 8-21-1996 by Ord. No. 1746]
b. 
Accessory buildings not to exceed 15 feet in height, structures and uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1. 
Private garage, not to exceed two spaces.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts.
4. 
Signs, subject to the special conditions of this chapter.
5. 
Fences and hedges subject to the special conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter:
1. 
Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.
2. 
Public utility installations.
3. 
House of Worship.
[Amended 6-16-2008 by Ord. No. 2103]
4. 
Public schools, parochial schools and boarding schools.
[Amended 6-18-1997 by Ord. No. 1773]
5. 
Senior citizen housing complex.
6. 
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
7. 
Community recreation center.
[Added 9-18-1996 by Ord. No. 1748]
[Adopted 1-8-1992 by Ord. No. 1564; amended 6-18-1997 by Ord. No. 1774, 8-6-1997 by Ord. No. 1776, 8-13-2014 by Ord. No. 2228; 4-27-2023 by Ord. No. 2417; 2-22-2024 by Ord. No. 2454]
The R-4 Residential Zone specified herewith shall be occupied only as indicated in this chapter.
a. 
Single-Family.
1. 
Principal buildings.
(a) 
Minimum lot size: 10,000 square feet
(b) 
Minimum lot width: 90 feet
(c) 
Minimum lot depth: 100 feet
(d) 
Minimum front yard setback (measured from the future street R.O.W.): 30 feet
(e) 
Minimum side yard setback: 10 feet
(f) 
Minimum both side yard setbacks: 25 feet
(g) 
Minimum rear yard setback: 30 feet
(h) 
Minimum gross floor area:
(1) 
Two story and two and one-half story dwellings:
First floor minimum: 700 square feet
Overall minimum: 1,400 square feet
(2) 
One and one-half story dwellings:
First floor minimum: 850 square feet
Overall minimum: 1,400 square feet
(3) 
Single story dwellings: 1,300 square feet
(i) 
Maximum lot coverage.
Building: 25% of total lot area
Impervious: 65% total lot area
(j) 
Maximum building height: 35 feet
(k) 
Maximum stories: two and one-half stories above grade
2. 
Accessory buildings, structures and uses.
(a) 
More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.
(b) 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks or porches three feet in height or less, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. Decks which exceed three feet in height must maintain the required side yard setback and may extend no more than 20 feet beyond the required rear yard setback line provided no point of the deck floor exceeds a height of seven feet above finished grade. Any deck which exceeds three feet in height and is located within the required rear yard shall have its base screened by either lattice or landscaping or a combination of the two.
Fiberglass push up masts to support amateur radio wire antennas are permitted to a maximum height of 38 feet and a minimum height of 10 feet for the wire antenna. The masts must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. In addition, the wire antenna is limited to a maximum of 12 gauge. Further, the fiberglass mast is limited to a maximum weight of 20 pounds and low visibility non-glossy colors such as gray, black and green. Antenna masts should be located where existing trees can provide visual masking, except where those locations would degrade antenna performance. All transmission lines from the antennas shall be protected by grounded lighting surge protectors that meets or exceeds UL Spec 497, Protector for Communications Circuitry. Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
[Amended 8-6-1997 by Ord. No. 1776]
a. 
Off-street parking is required subject to the requirements and conditions of this chapter.
b. 
Landscaping is required subject to the requirements and conditions of this chapter.
[Adopted 1-8-1992 by Ord. No. 1564]
c. 
No more than 24 inches unfinished foundation shall be exposed above ground in the front of any building, and no more than 42 inches of unfinished foundation shall be exposed above ground in the architectural rear of any building.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the R-4HO Residential/Home Professional Office Zone is to provide for smaller lot sizes to meet the desires of a certain segment of the population who need and desire lower cost housing and to zone the area in conformance with existing lot sizes, and to provide for alternative home professional office uses on those lot which are suitable for such uses within the zone. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a predominantly residential area, and are intended to discourage the use of any particular properties within the zone for solely office or commercial usage.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any one of the following purposes:
a. 
Principal Permitted Uses and Structures.
1. 
Detached one-family dwelling.
2. 
Family day care home.
[Added 8-21-1996 by Ord. No. 1746]
b. 
Accessory buildings not to exceed 15 feet in height, structures and uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1. 
Private garage, not to exceed two spaces.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts.
4. 
Signs, subject to the special conditions of this chapter.
5. 
Fences and hedges subject to the special conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.
2. 
Public utility installations.
3. 
House of worship.
[Amended 6-16-2008 by Ord. No. 2103]
4. 
Public and parochial schools.
5. 
Senior citizen housing complex.
6. 
Home professional offices.
7. 
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
[Adopted 1-8-1992 by Ord. No. 1564; amended 6-18-1997 by Ord. No. 1774; 8-6-1997 by Ord. No. 1776; 8-13-2014 by Ord. No. 2228; 4-27-2023 by Ord. No. 2417; 2-22-2024 by Ord. No. 2454]
The R-4HO Residential Zone specified herewith shall be occupied only as indicated in this chapter.
a. 
Single-Family.
1. 
Principal buildings.
(a) 
Minimum lot size: 10,000 square feet.
(b) 
Minimum lot width: 90 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Minimum front yard setback (measured from the future street R.O.W.): 30 feet.
(e) 
Minimum side yard setback: 10 feet.
(f) 
Minimum both side yard setbacks: 25 feet.
(g) 
Minimum rear yard setback: 30 feet.
(h) 
Minimum gross floor area.
(1) 
Two story and two and one-half story dwellings:
First floor minimum: 700 square feet
Overall minimum: 1,400 square feet
(2) 
One and one-half story dwellings:
First floor minimum: 850 square feet
Overall minimum: 1,400 square feet
(3) 
Single story dwellings: 1,300 square feet.
(i) 
Maximum lot coverage.
Building: 25% of total lot area.
Impervious: 65% of total lot area.
(j) 
Maximum building height: 35 feet
(k) 
Maximum stories: two and one-half stories above grade.
2. 
Accessory buildings, structures and uses.
(a) 
More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.
(b) 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios and decks or porches three feet in height or less, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. Decks which exceed three feet height must maintain the required side yard setback and may extend no more than 20 feet beyond the required rear yard setback line provided no point of the deck floor exceeds a height of seven feet above finished grade. Any deck which exceeds three feet in height and is located within the required rear yard shall have its base screened by either lattice or landscaping or a combination of the two.
Fiberglass push up masts to support amateur radio wire antennas are permitted to a maximum height of 38 feet and a minimum height of 10 feet for the wire antenna. The masts must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. In addition, the wire antenna is limited to a maximum of 12 gauge. Further, the fiberglass mast is limited to a maximum weight of 20 pounds and low visibility non-glossy colors such as gray, black and green. Antenna masts should be located where existing trees can provide visual masking, except where those locations would degrade antenna performance. All transmission lines from the antennas shall be protected by grounded lighting surge protectors that meet or exceeds UL Spec 497, Protector for Communications Circuitry. Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Off-street parking is required subject to the requirements and conditions of this chapter.
b. 
Landscaping is required subject to the requirements and conditions of this chapter.
c. 
No more than 24 inches of unfinished foundation shall be exposed above ground in the front of any building, and no more than 42 inches of unfinished foundation shall be exposed above ground in the architectural rear of any building.
[Added 6-18-1997 by Ord. No. 1774, amended 8-6-1997 by Ord. No. 1776]
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the R-5 Residential Zone is to provide for smaller lot sizes in conformance with existing conditions in specific areas of the Township as identified in the Master Plan. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a residential area for strictly residential purposes by prohibiting commercial development or conversions to commercial or multifamily housing.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any one of the following purposes:
a. 
Principal permitted uses and structures.
1. 
Detached one-family dwelling.
2. 
Family day care homes.
[Added 8-21-1996 by Ord. No. 1746]
b. 
Accessory buildings not to exceed 15 feet in height, structures and uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1. 
Private garage, not to exceed two spaces.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts.
4. 
Signs, subject to the special conditions of this chapter.
5. 
Fences and hedges subject to the special conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.
2. 
Public utility installations.
3. 
House of Worship.
[Amend 6-16-2008 by Ord. No. 2103]
4. 
Public and parochial schools.
5. 
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
[Adopted 1-8-1992 by Ord. No. 1564; amended 6-18-1992 by Ord. No. 1585; 6-18-1997 by Ord. No. 1774; 8-6-1997 by Ord. No. 1776; 3-15-2000 by Ord. No. 1851; 1-10-2001 by Ord. No. 1881, 8-13-2014 by Ord. No. 2228; 4-27-2023 by Ord. No. 2417; 2-22-2024 by Ord. No. 2454]
The R-5 Residential Zone specified herewith shall be occupied only as indicated in this chapter.
a. 
Single-Family.
1. 
Principal buildings.
(a) 
Minimum lot size: 7,500 square feet.
(b) 
Minimum lot width: 75 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Minimum front yard setback (measured from the future street R.O.W.): 30 feet.
(e) 
Minimum side yard setback: 15% of lot width.
(f) 
Minimum both side yard setbacks: 30% of lot width.
(g) 
Minimum rear yard setback: 30 feet.
(h) 
Minimum gross floor area.
(1) 
Two story and two and one-half story dwellings:
First floor minimum: 700 square feet
Overall minimum: 1,400 square feet
(2) 
One and one-half story dwellings:
First floor minimum: 850 square feet
Overall minimum: 1,400 square feet
(3) 
Single story dwellings: 1,300 square feet.
(i) 
Maximum lot coverage:
Building: 25% of total lot area
Impervious: 65% of total lot area
(j) 
Maximum building height: 30 feet.
(k) 
Maximum stories: two and one-half stories above grade.
2. 
Accessory buildings, structures and uses.
(a) 
More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.
(b) 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks or porches three feet in height or less, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. Decks which exceed three feet in height must maintain the required side yard setback and may extend no more than 20 feet beyond the required rear yard setback line provided no point of the deck floor exceeds a height of seven feet above finished grade. Any deck which exceeds three feet in height and is located within the required rear yard shall have its base screened by either lattice or landscaping or a combination of the two.
Fiberglass push up masts to support amateur radio wire antennas are permitted to a maximum height of 38 feet and a minimum height of 10 feet for the wire antenna. The masts must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. In addition, the wire antenna is limited to a maximum of 12 gauge. Further, the fiberglass mast is limited to a maximum weight of 20 pounds and low visibility non-glossy colors such as gray, black and green. Antenna masts should be located where existing trees can provide visual masking, except where those locations would degrade antenna performance. All transmission lines from the antennas shall be protected by grounded lighting surge protectors that meets or exceeds UL Spec 497, Protector for Communications Circuitry. Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Off-street parking is required subject to the requirements and conditions of this chapter.
b. 
Landscaping is required subject to the requirements and conditions of this chapter.
c. 
No more than 24 inches of unfinished foundation shall be exposed above ground in the front of any building, and no more than 42 inches of unfinished foundation shall be exposed above ground in the architectural rear of any building.
[Amended 8-6-1997 by Ord. No. 1776]
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the R-6 Residential Zone is to provide for smaller lot sizes in conformance with existing conditions in specific areas of the Township as identified in the Master Plan. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a residential area with lots of no less than 5,000 square feet and corner lots of no less than 10,000 square feet, for strictly residential purposes by prohibiting commercial development or conversions to commercial or multifamily housing.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any one of the following purposes:
a. 
Principal Permitted Uses and Structures.
1. 
Detached one-family dwelling.
2. 
Family day care homes.
[Added 8-21-1996 by Ord. No. 1746]
b. 
Accessory buildings not to exceed 15 feet in height, structures and uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1. 
Private garage, not to exceed two spaces.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts.
4. 
Signs, subject to the special conditions of this chapter.
5. 
Fences and hedges subject to the special conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.
2. 
Public utility installations.
3. 
House of worship.
[Amended 6-16-2008 by Ord. No. 2103]
4. 
Public and parochial schools.
5. 
Satellite antenna dishes greater than one meter in diameter.
[Added 8-21-1996 by Ord. No. 1746]
[Adopted 1-8-1992 by Ord. No. 1564; amended 6-18-1997 by Ord. No. 1774; 8-6-1997 by Ord. No. 1776; 3-15-2000 by Ord. No. 1851; 1-10-2001 by Ord. No. 1881, 8-13-2014 by Ord. No. 2228; 4-27-2023 by Ord. No. 2417; 2-22-2024 by Ord. No. 2454]
The R-6 Residential Zone specified herewith shall be occupied only as indicated in this chapter.
a. 
Single-Family.
1. 
Principal buildings.
(a) 
Minimum lot size:
5,000 square feet (interior lots)
10,000 square feet (corner lots)
(b) 
Minimum lot width:
50 feet (interior lots)
100 feet (corner lots)
(c) 
Minimum lot depth: 100 feet.
(d) 
Minimum front yard setback (measured from the future street R.O.W.): 30 feet.
(e) 
Minimum side yard setback: five feet.
(f) 
Minimum both side yard setbacks: 20% of lot width.
(g) 
Minimum rear yard setback: 30 feet.
(h) 
Minimum gross floor area.
(1) 
Two story and two and one-half story dwellings:
First floor minimum: 700 square feet
Overall minimum: 1,400 square feet
(2) 
One and one-half story dwellings:
First floor minimum: 850 square feet
Overall minimum: 1,400 square feet
(3) 
Single story dwellings: 1,300 square feet
(i) 
Maximum lot coverage.
Building: 25% of total lot area.
Impervious: 65% of total lot area.
(j) 
Maximum building height: 30 feet.
(k) 
Maximum stories: two and one-half stories above grade.
2. 
Accessory buildings, structures and uses.
(a) 
Except as provided below, all accessory buildings shall conform to the minimum height and setback requirements of the principal building. More than one accessory building shall be permitted on a lot, however only one accessory building may be permitted for which the side and rear yard setback requirements shall be five feet, provided that it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building.
(b) 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks or porches three feet in height or less, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. Decks which exceed three feet in height must maintain the required side yard setback and may extend no more than 20 feet beyond the required rear yard setback line provided no point of the deck floor exceeds a height of seven feet above finished grade. Any deck which exceeds three feet in height and is located within the required rear yard shall have its base screened by either lattice or landscaping or a combination of the two.
Fiberglass push up masts to support amateur radio wire antennas are permitted to a maximum height of 38 feet and a minimum height of 10 feet for the wire antenna. The masts must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. In addition, the wire antenna is limited to a maximum of 12 gauge. Further, the fiberglass mast is limited to a maximum weight of 20 pounds and low visibility non-glossy colors such as gray, black and green. Antenna masts should be located where existing trees can provide visual masking, except where those locations would degrade antenna performance. All transmission lines from the antennas shall be protected by grounded lighting surge protectors that meets or exceeds UL Spec 497, Protector for Communications Circuitry. Not addressed by this subsection are metal towers.
All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Off-street parking is required subject to the requirements and conditions of this chapter.
b. 
Landscaping is required subject to the requirements and conditions of this chapter.
c. 
No more than 24 inches of unfinished foundation shall be exposed above ground in the front of any building, and no more than 42 inches of unfinished foundation shall be exposed above ground in the architectural rear of any building.
[Amended 8-6-1997 by Ord. No. 1776]
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the R-7 Residential Zone is to provide for an alternative to home ownership for those families and individuals who do not desire or cannot afford home ownership. The provisions and regulations set forth herein encourage the maintenance of existing garden apartment residential areas at current densities.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any one of the following purposes:
a. 
Principal Permitted Uses and Structures.
1. 
Multifamily dwellings.
2. 
Family day care homes.
[Added 8-21-1996 by Ord. No. 1746]
b. 
Accessory buildings, structures and uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1. 
Private garage.
2. 
Buildings for tools and equipment for the maintenance of the grounds.
3. 
Swimming pools, tennis courts, clubhouses and similar recreational facilities for the occupants of the multifamily development.
4. 
Signs subject to the requirements of this chapter.
5. 
Fences and hedges subject to the requirements of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter:
1. 
Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.
2. 
Public utility installations.
3. 
House of worship.
[Amended 6-16-2008 by Ord. No. 2103]
4. 
Public and parochial schools.
5. 
Satellite antenna dishes greater than one meter in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
[Adopted 1-8-1992 by Ord. No. 1564; amended 2-22-2024 by Ord. No. 2454]
The R-7 Residential Zone specified herewith shall be occupied only as indicated in this chapter.
a. 
Principal buildings.
1. 
Minimum lot area: 25 acres.
2. 
Minimum lot width: 500 feet.
3. 
Minimum lot depth: 500 feet.
4. 
Minimum front yard setback: 70 feet.
5. 
Minimum side yard setback: 50 feet (100 feet when adjacent to a single family residential use or zone).
6. 
Minimum rear yard setback: 50 feet.
7. 
Maximum lot coverage:
Building: 25% of total lot area.
Impervious: 50% of total lot area.
8. 
Maximum density: 10 units per acre.
9. 
Maximum building height: two stories above grade or 30 feet, whichever is less.
10. 
Minimum setback from pavement of internal public or private road or parking area: 25 feet.
11. 
Maximum number of units per structure: 16.
12. 
Maximum length of structure: 175 feet.
13. 
A minimum interior storage area of 700 cubic feet per unit shall be required. This space may be provided in an area other than within the unit itself, but should be in a convenient location for the residents of the unit. Required storage space shall have a minimum vertical clearance of five feet and shall not include garage or closets.
14. 
Minimum distance between buildings: 50 feet between any two rear or front facades or any rear or front facade with a side facade; 35 feet between any two side facades. No portion of a front facade shall face any portion of a rear facade.
15. 
There shall be a trash and recyclable storage area completely surrounded by a six-foot high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height. All accessory apparatuses such as propane tanks shall be similarly enclosed.
16. 
There shall be a minimum buffer of 50 feet in width between any side or rear lot line that abuts an area zoned or used for single-family, industrial, commercial, or Federal or State highway use.
17. 
No individually registered commercial vehicle longer than 22 feet in length or 10 feet in height measured from the highest point of said vehicle excluding exhaust stacks and antennae or having a registered weight of 18,000 pounds or more, shall be stored or parked on any lot or portion of a lot nor parked on any street overnight situated in this residential zone.
18. 
Accessory buildings shall conform to the height and setback requirements of the principal building.
19. 
Each principal building shall:
(a) 
Not allow or contain outside television antenna. All television antenna equipment shall be built into the building to eliminate individual television antennas from being erected on the roof.
(b) 
Not fail to provide, in an enclosed area, laundry facilities of not less than one washer and one dryer for each 10 dwelling units for the exclusive use of the occupants of the building, unless provided within each unit. No outside clothes lines or clothes hanging facilities or devices shall be provided or allowed.
20. 
All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water system, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth for major subdivisions of land, except that all curb to curb pavement widths shall not be less than 30 feet. No building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in accordance with municipal ordinances.
21. 
There shall be no direct access of driveways from any dwelling unit onto a public street.
22. 
Buffers of no less than 50 feet shall be placed along all roads where a dwelling unit's rear or side facade faces a public road. The use of landscaped berms or decorative masonry walls can be utilized in addition to an all landscaped buffer. The use of a decorative wall and material to be used for the wall shall be at the discretion of the Planning Board.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the R-3/PRD Zone is to permit single family development, townhouse development or a harmonious development of mixed residential uses to serve the demand for housing of varied types and designs, to allow flexibility and economy in layout and design and promote conservation or and more efficient use of open space.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for the following purposes:
a. 
Detached one-family dwellings in conformance with and subject to the requirements applicable to the R-3 Zone.
b. 
A townhouse residential development in conformity with and subject to the requirements set forth in Subsection 21-31.2.
c. 
Accessory buildings, structures and uses for one-family dwellings only, the same as permitted in the R-2 Zone.
[Amended 9-18-1996 by Ord. No. 1748]
d. 
Accessory buildings, structures and uses to service townhouse units including recreational facilities, club houses and the like.
[Amended 9-18-1996 by Ord. No. 1748]
e. 
The following conditional uses shall be permitted, subjected to approval of the Planning Board and the special conditions of this chapter.
1. 
The same conditional uses that are permitted in the R-3 Zone.
2. 
Office uses.
[Amended 8-4-1999 by Ord. No. 1832, 3-15-2000 by Ord. No. 1850]
f. 
Family day care homes.
[Added 8-21-1996 by Ord. No. 1746]
[Adopted 1-8-1992 by Ord. No. 1564; amended 2-22-2024 by Ord. No. 2454]
The R-3/PRD Zone specified herewith shall be occupied only as indicated in this chapter and as follows:
a. 
The R-3 standards shall apply for single-family detached houses in the R-3/PRD Zone.
b. 
In the event that the applicant elect to develop the property as a townhouse residential development, the following standards shall apply:
1. 
The gross residential density shall not exceed 3.2 dwelling units per acre of gross lot area. Gross residential density shall be the total number of dwelling units divided by the gross lot area of the entire planned residential development parcel.
2. 
The developer shall reserve no less than 25% of the site for open space purposes. No more than one-third shall be part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer; and a minimum of five contiguous acres of usable land, not a part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer, shall be reserved for open space purposes. The location shall be approved by the Planning Board. The open space may be a part of the land reserved for common use under a cluster development. If the developer utilized the cluster development and the PRD option in combination, the minimum reservation for open space purposes shall be increased to 35% of the site. Title to all reserved or common land shall be held in fee simple by the homeowners' association, except that the municipality may elect to have certain areas dedicated to the municipality.
3. 
A planned residential development shall be of a size not less than 35 acres.
4. 
The minimum width of the entire parcel containing a planned residential development shall not be less then 750 feet.
5. 
The minimum depth of the entire parcel containing a planned residential development shall not be less than 1,000 feet.
6. 
Multiple road accesses from any planned residential development onto any single street classified as a "major road" in the Township Master Plant shall be separated by at least 1,000 feet of frontage.
7. 
The total number of bedrooms in a planned residential development shall not exceed six bedrooms per acre of gross lot area.
8. 
Townhouse dwelling units shall utilize the following standards:
(a) 
Minimum setback from all public roads except NJ Route #18: 100 feet. Minimum setback from NJ Route #18: 150 feet.
(b) 
Minimum setback from pavement of internal public or private road or parking area: 25 feet.
(c) 
Minimum setback from perimeter property lines of entire planned residential development site, except NJ Route #18: 100 feet. Minimum setback from NJ Route #18: 150 feet.
(d) 
Maximum lot coverage:
Building: 20% of the total area of the entire planned residential development.
Impervious: 40% of the total area of the entire planned residential development.
(e) 
Minimum gross floor area per unit:
(1) 
One bedroom unit: 1,200 square feet.
(2) 
Two or more bedroom units: 1,600 square feet.
(3) 
These areas do not include required storage space.
(f) 
Minimum width per unit: 20 feet.
(g) 
Maximum building height: two stories above grade or 35 feet, whichever is less.
(h) 
Maximum number of units per structure: 6.
(i) 
Minimum number of units per structure: 3.
(j) 
Maximum length of structure: 150 feet.
(k) 
Minimum interior storage area per unit: 700 cubic feet. Required storage space shall have a minimum vertical clearance of five feet and shall be located in a basement, attic or attached storage room and shall face any portion of a rear facade.
(l) 
Minimum distance between buildings: 100 feet between any two rear or front facades or any rear or front facade with a side facade. 35 feet between any two side facades. No portion of a front facade shall face any portion of a rear facade.
(m) 
Minimum number of outside accesses per unit: 2.
(n) 
The maximum number of townhouses on any portion of the tract measuring 200 feet by 200 feet shall not exceed eight dwelling units.
(o) 
Other provisions.
(1) 
A structure shall not have more than two connected townhouse units on one facade without providing a variation in setback of at least 10 feet.
(2) 
A structure shall not have more than two connected townhouse units on one facade without providing a reasonable variation in the facade architecture.
(3) 
Television antenna equipment shall be built into the buildings. No antennas shall be erected on the roof.
(4) 
There shall be a minimum buffer of 50 feet in width along any lot line that abuts any Federal or State highway use. The buffer strip shall conform to the standards and definition in this chapter.
(5) 
Buffers of no less than 50 feet shall be placed along all roads where a dwelling unit's rear or side facade faces a public road. The use of landscaped berms or decorative masonry walls can be utilized in addition to an all landscaped buffer. The use of a decorative wall and material to be used for the wall shall be at the discretion of the Planning Board.
(6) 
No individually registered commercial vehicle longer than 22 feet in length or 10 feet in height measured from the highest point of said vehicle excluding exhaust stacks and antennae or having a registered weight of 18,000 pounds or more, shall be stored or parked on any lot or portion of a lot nor parked on any street overnight situated in this residential zone.
(7) 
Accessory buildings shall conform to the height and setback requirements of the principal building.
(8) 
Fences, patios, or similar outside facilities to the rear of each unit may only be constructed by the original developer or by the Homeowners' association and only after a set of architectural standards is approved by the Municipal Agency and administered by the original developer or the homeowners' association.
(9) 
There shall be at within each townhouse unit, adequate area for the temporary storage of recyclable materials, as required in this chapter.
(10) 
There shall be a trash and recyclable storage area completely surrounded by a six-foot high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height. All accessory apparatuses such as propane tanks shall be similarly enclosed.
(11) 
Common areas of any tract utilized for a townhouse development which are not accepted by the Township shall be deeded to a homeowners' association consisting of the property owners within the development, for their use, control, management and maintenance.
(12) 
Only the land directly under each unit, and land adjacent thereto with an area not greater than 50% of said land under each unit shall be sold in fee simple to the purchaser of the unit. All other lands shall be the ownership and responsibility of the homeowners' association. All land other than that directly under each unit shall be under the maintenance responsibility of the homeowners' association.
(13) 
Off-street parking is required subject to the regulations of this chapter.
(14) 
Landscaping is required subject to the regulations of this chapter.
(15) 
All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth for major subdivisions of land. All curb to curb pavement widths shall not be less than 30 feet. No building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in accordance with municipal ordinances.
(16) 
There shall be no direct access of driveways from any dwelling unit onto a public street.
(17) 
Maintenance.
(i) 
All lands and structures not deeded and accepted by the municipality shall be serviced and maintained by the owner, or homeowners' association, including but not limited to, streets, playgrounds, snow plowing, garbage and trash pick-up and other services except police and fire protection.
(ii) 
In the event that the organization established to own and maintain the common area(s) shall, at any time after establishment of the planned unit development; fail to maintain the common area(s) in reasonable order and condition in accordance with the plan, the appropriate municipal official may serve written notice upon such organization or upon the residents and owners of the planned unit development setting forth the manner in which the organization has failed to maintain the common area(s) in reasonable condition. The notice shall include a demand that such deficiencies or maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 10 days of the notice.
(iii) 
At such hearing the appropriate municipal official may modify the terms of the original notice as to the deficiencies set forth in the original notice; or, if the modifications thereof shall not be cured within 30 days or any extension thereof, the appropriate municipal official, in order to preserve the taxable values of the properties within the planned unit development and to prevent the common area(s) from becoming a nuisance, may enter upon said common area(s) and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common area(s) except where the same is voluntarily dedicated to the public by the residents and owners.
(iv) 
Before the expiration of said year, the appropriate municipal official shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common area(s), call a public hearing upon notice of such organization, or to the residents and owners of the planned unit development, to be held by the appropriate municipal official at which hearing such organization or the residents and owners of the planned unit development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year.
(v) 
If the appropriate municipal official determines that the organization is ready and able to maintain the common area(s) in reasonable condition, the Township shall cease to maintain said common area(s) at the end of the year. If the appropriate municipal official determines that the organization is not ready and able to maintain the common area(s) in a reasonable condition, the Township may, at its discretion, continue to maintain the common area(s) during the next succeeding year and subject to a similar hearing and determination in each year thereafter.
(vi) 
The decision of the appropriate municipal official in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the Township shall be assessed against the properties within the planned unit development that have a right of enjoyment of the common area(s) and shall become a tax lien on said properties.
(vii) 
The Township, at the time of entering upon said common area(s) for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the planned unit development.
(viii) 
Notwithstanding the foregoing and as an additional remedy, the Township may cause to be issued a summons and complaint against the homeowners' association and/or owner returnable in the Municipal Court of the Township of Ocean for a violation of any ordinances of the Township of Ocean including but not limited to Zoning, Land Use and Property Maintenance Ordinances. The penalty provisions of § 3-17 of the Revised General Ordinances of the Township of Ocean, 1965, shall be applicable thereto. Each day that a violation of any ordinance shall continue shall be deemed a separate violation.
[Adopted 1-8-1992 by Ord. No. 1564]
All areas put into common ownership for common recreational use by all residents of the development shall be owned by a nonprofit homeowners' association in accordance with the following requirements:
a. 
Deed Restriction. The applicant shall deliver to the Township of Ocean for its approval, appropriate documents establishing deed restrictions prohibiting, in perpetuity, any land designated for common open space from being used for any other purpose and all other covenants and deed restrictions which will be contained in the master deed and unit deed.
b. 
Organization for Common Ownership Required. The applicant shall establish a legally constituted homeowners' association for the ownership and maintenance of: (1) all common space; and (2) any streets not accepted for dedication by the Township of Ocean. This organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, except to another organization conceived and established to own and maintain the common open space and non-dedicated streets of the development.
c. 
Rules of Organization. Any homeowners' association established in accordance with Subsection b above, shall:
1. 
Be established before a certificate of occupancy has been issued for any dwelling unit in the townhouse development.
2. 
Make membership automatic and mandatory for each owner of a townhouse dwelling unit and any succeeding owner thereto, being accomplished by the purchase of a townhouse dwelling unit in the development.
3. 
Guarantee access to all the common open space to all persons legally residing in the townhouse development and limit that access to the legal residents and their guests only. Every member of the association shall have a right and easement of enjoyment in and to the common open space.
4. 
Be responsible for liability insurance, taxes and the maintenance of the common open space and undedicated streets. The certificate of incorporation shall contain provisions so that adequate funds will be available for maintenance.
5. 
Require owners of townhouse dwelling units to pay their pro rata share of the costs listed above and provide that an assessment levied by the organization shall have the same force and effect as a debt, or ground rent or lien against the real property.
6. 
Be able to adjust the assessment to meet changing needs.
7. 
Common open space maintenance. The documents establishing or creating such organization shall provide a plan for the maintenance of all common open space and undedicated streets in the townhouse development.
8. 
The developer shall convey title to the common open space area(s) to the aforesaid homeowners' association at such time as the aforesaid association is able to maintain the area(s) or at such time as may be designated by the Planning Board of the Township of Ocean, which date shall be consistent with the policy expressed herein.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the AR-3/PRD Zone is to permit harmonious development of mixed residential uses to serve the demand for affordable housing of varied types and designs, to allow flexibility and economy in layout and design and promote conservation and more efficient use of open space.
[Adopted 1-8-1992 by Ord. No. 1564, amended 2-11-2009 by Ord. No. 2123, 10-15-2015 by Ord. No. 2249]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for the following purposes:
a. 
Principal Buildings and Uses.
1. 
Detached one-family dwellings.
2. 
Affordable residential development.
3. 
Family day care homes.
[Added 8-21-1996 by Ord. No. 1746]
4. 
Affordable apartment flats.
[Added 10-15-2015 by Ord. No. 2249]
b. 
Accessory buildings, structures and uses.
1. 
Accessory buildings, structures and uses for one-family dwellings the same as permitted in the R-3 Zone.
[Amended 9-18-2016 by Ord. No. 1748]
2. 
Accessory buildings, structures, and uses to service senior citizen housing and townhouse units including recreational facilities, club houses and the like.
[Amended 9-18-2016 by Ord. No. 1748]
3. 
Accessory buildings, structures and uses incidental to affordable apartment flat developments, either within, attached to or freestanding from residential buildings.
[Added 10-15-2015 by Ord. No. 2249]
c. 
Conditional Uses.
1. 
The same conditional uses that are permitted in the R-3 Zone subject to approval of the Planning Board and the special conditions of this chapter.
2. 
Indoor recreational facilities.
[Amended 10-8-1997 by Ord. No. 1781]
3. 
Senior independent living facilities.
[Added 11-3-1999 by Ord. No. 1837, amended 8-9-2000 by Ord. No. 1862]
[Adopted 1-8-1992 by Ord. No. 1564; amended 10-15-2015 by Ord. No. 2249]
The AR-3/PRD Zone specified herewith shall be occupied only as indicated in this chapter and as follows:
a. 
The R-3 standards for cluster single-family residences as listed in Subsection 21-25.2b of this chapter shall apply for all single-family detached houses in the AR-3/PRD Zone.
b. 
In the event that the applicant elects to develop the property as an affordable residential development, the following standards shall apply, except for affordable apartment flats (see Subsection 21-32.2c.).
1. 
The density of residential units in an affordable residential development shall not exceed 3.2 dwelling units per gross acre, of which market rate units shall have a density of no greater than 2.6 units per gross acre. The gross density may be increased to 3.4 units per acre where all affordable units are located in a senior citizen housing complex, and the additional .2 units per acre consist solely of affordable senior citizen housing units. Gross residential density shall be the total number of dwelling units divided by the acreage of the entire affordable residential development including dedicated areas, common areas and open space.
2. 
The developer shall reserve no less than 25% of the site for open space purposes. No more 1/3 than reserved open space shall be part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer; and a minimum of five contiguous acres of usable land, not a part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer, shall be reserved for open space purposes. The location shall be approved by the Planning Board. The open space may be a part of the land reserved for common use under a cluster development. If the developer utilized the cluster development and the PRD option in combination, the minimum reservation for open space purpose shall be increased to 35% of the site. Title to all reserved or common land shall be held in fee simple by the homeowners' association, except that the municipality may elect to have certain areas dedicated to the municipality.
3. 
An affordable residential development shall be of a size not less than 25 acres.
4. 
The minimum width of the entire parcel containing an affordable residential development shall not be less than 400 feet.
5. 
The minimum depth of the entire parcel containing an affordable residential development shall not be less than 1,000 feet.
6. 
Multiple road accesses from any affordable residential development onto any single street classified as a "major road" in the Township Master Plan shall be separated by at least 1,000 feet of frontage.
7. 
Road access shall be prohibited from any affordable residential development into any of the following single family residential streets in order to protect the single family residential character of the area: Lynn Drive, Frederick Drive, Joel Road, and Hanley Road.
8. 
Bedrooms.
(a) 
The total number of bedrooms in an affordable residential development, excluding bedrooms in senior citizens housing complexes, shall not exceed 6.2 bedrooms per gross acre. Any acreage designated for senior citizen housing shall be included in the calculation of permitted number of bedrooms.
(b) 
Townhouse units shall consist of two bedroom units with no family room or loft, two bedroom units with an open loft, and three bedroom units with no loft. No units shall be permitted to have a den or family room which could be converted to an additional bedroom. A maximum of 25% of the townhouse units shall be three bedroom units, except that an additional three bedroom unit with no family room or loft, provided that the total number of three bedroom units does not exceed 39% of the total number of townhouse units.
9. 
Single-family detached development shall utilize the lot area, lot width, lot depth, building setback and height, and lot coverage development standards for both principal and accessory buildings as required of cluster single family units in an R-3 Zone.
10. 
Townhouse dwelling units including affordable townhouse dwelling units, shall utilize the following standards:
(a) 
Minimum setback from all public roads except NJ Route #18: 100 feet.
Minimum setback from NJ Route #18: 150 feet.
(b) 
Minimum setback from pavement of internal public or private road or parking area: 25 feet.
(c) 
Minimum setback from perimeter property lines of entire planned residential development site: 100 feet.
(d) 
Maximum lot coverage:
Building: 20% of the total area of the entire planned residential development.
Impervious: 40% of the total area of the entire planned residential development.
(e) 
Minimum gross floor area per unit:
(1) 
Market rate units:
(i) 
One bedroom unit: 1,200 square feet.
(ii) 
Two or more bedroom units: 1,400 square feet.
(iii) 
These areas do not include required storage space.
(2) 
Affordable units:
(i) 
650 square feet for efficiency and one bedroom units, plus 150 square feet for each additional bedroom.
(ii) 
These areas do not include required storage space.
(f) 
Minimum width per unit: 20 feet.
(g) 
Maximum building height: two stories above grade or 35 feet, whichever is less.
(h) 
Maximum number of units per structure: six.
(i) 
Minimum number of units per structure: three.
(j) 
Maximum length of structure: 150 feet.
(k) 
Minimum interior storage area per unit: 700 cubic feet. Required storage space shall have a minimum vertical clearance of five feet and shall be located in a basement, attic or attached storage room and shall not include garage or closets.
(l) 
Minimum distance between buildings: 85 feet between any two rear or front facades or any rear or front facade with a side facade; 35 feet between any two side facades. No portion of a front facade shall face any portion of a rear facade.
(m) 
Minimum number of outside accesses per unit: two.
(n) 
The maximum number of townhouses on any portion of the tract measuring 200 feet by 200 feet shall not exceed eight dwelling units.
(o) 
Other provisions.
(1) 
A structure shall not have more than two connected townhouse units on one facade without providing a variation in setback of at least 10 feet.
(2) 
A structure shall not have more than two connected townhouse units on one facade without providing a reasonable variation in the facade architecture.
(3) 
Television antenna equipment shall be built into the buildings. No antennas shall be erected on the roof.
(4) 
There shall be a minimum buffer of 50 feet in width along any lot line that abuts any Federal or State highway use. The buffer strip shall conform to the standards and definition in this chapter.
(5) 
Buffers of no less than 50 feet shall be placed along all roads where a dwelling unit's rear or side facade faces a public road. The use of landscaped berms or decorative masonry walls can be utilized in addition to an all landscaped buffer. The use of a decorative wall and material to be used for the wall shall be at the discretion of the Planning Board.
(6) 
No individually registered commercial vehicle longer than 22 feet in length or 10 feet in height measured from the highest point of said vehicle excluding exhaust stacks and antennae, or having a registered weight of 18,000 pounds or more, shall be stored or parked on any lot or portion of a lot nor parked on any street overnight situated in this residential zone.
(7) 
Accessory buildings shall conform to the height and setback requirements of the principal building.
(8) 
Fences, patios, or similar outside facilities to the rear of each unit may only be constructed by the original developer or by the homeowners' association and only after a set of architectural standards is approved by the Municipal Agency and administered by the original developer or the homeowners' association.
(9) 
There shall be at within each townhouse unit, adequate area for the temporary storage of recyclable materials, as required in this chapter.
(10) 
There shall be a trash and recyclable storage area completely surrounded by a six-foot high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height. All accessory apparatuses such as propane tanks shall be similarly enclosed.
(11) 
Common areas of any tract utilized for a townhouse development which are not accepted by the Township shall be deeded to a homeowners' association consisting of the property owners within the development, for their use, control, management and maintenance.
(12) 
Only the land directly under each unit, and land adjacent thereto with an area not greater than 50% of said land under each unit shall be sold in fee simple to the purchaser of the unit. All other lands shall be the ownership and responsibility of the homeowners' association. All land other than that directly under each unit shall be under the maintenance responsibility of the homeowners' association.
(13) 
Off-street parking is required subject to the regulations of this chapter.
(14) 
Landscaping is required subject to the regulations of this chapter.
(15) 
All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth for major subdivisions of land. All curb to curb pavement widths shall not be less than 30 feet. No building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in accordance with municipal ordinances.
(16) 
There shall be no direct access of driveways from any dwelling unit onto a public street.
(17) 
Affordable townhouse units shall be integrated throughout the townhouse development and not separated from market rate units.
11. 
Senior citizen housing complexes.
(a) 
The following standards are intended for senior citizen housing complexes which are part of larger affordable residential developments. If an affordable residential developments consists entirely of a senior citizen housing complex, those standards governing the entire affordable residential development shall apply.
(1) 
Minimum lot size: seven acres.
(2) 
Minimum lot width: 400 feet.
(3) 
Minimum lot depth: 400 feet.
(4) 
Minimum front yard setback: 50 feet.
(5) 
Minimum rear yard setback: 35 feet.
(6) 
Minimum side yard setback: 35 feet.
(7) 
Minimum distance between buildings: 85 feet between any two rear or front facades or any rear or front facade with a side facade; 35 feet between any two side facades.
(8) 
Minimum setback from perimeter of internal public or private road: 25 feet.
(9) 
Minimum setback from parking area: 10 feet.
(10) 
Maximum lot coverage:
Building: 20% of the total area of the entire planned residential development.
Impervious: 40% of the total area of the entire planned residential development.
(11) 
Maximum building height: three stories above grade or 40 feet, whichever is less.
(12) 
Maximum density: 14 units per developed acre.
(13) 
Maximum building length: 150 feet.
(14) 
Maximum units per structure: 36.
(15) 
Minimum unit size:
(i) 
Efficiency: 550 square feet.
(ii) 
1 Bedroom: 650 square feet.
(iii) 
2 Bedroom: 750 square feet.
(16) 
Unit distribution: A minimum of 60% of the units shall be one bedroom units. The remainder may consist of efficiency, one bedroom, or two bedroom units, or any mix thereof.
(17) 
Each principal building shall:
(i) 
Not allow or contain outside television antenna. All television antenna equipment shall be built into the building to eliminate individual television antennas from being erected on the roof.
(ii) 
Provide, in an enclosed storage area, with a minimum vertical clearance of five feet, of not less than 400 cubic feet of storage for each unit in the building.
(iii) 
Not fail to provide, in an enclosed area, laundry facilities of not less than one washer and one dryer for each 10 dwelling units for the exclusive use of the occupants of the building, unless washers and dryers are provided within each unit. No outside clothes lines or clothes hanging facilities or devices shall be provided or allowed.
(iv) 
There shall be a trash and recyclable storage area completely surrounded by a six-foot high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence. All accessory apparatuses shall be similarly enclosed.
(18) 
Indoor and outdoor recreation facilities, of adequate size to serve the occupants, shall be provided. An indoor recreation area of not less than 1,100 square feet, shall be provided. Outdoor recreation area, consisting of a minimum of 50 square feet per dwelling unit, shall also be provided. Such recreation areas and buildings may be combined with similar facilities provided for the remainder of the affordable residential development.
(b) 
A senior citizens housing complex, when part of an affordable residential development, shall occupy a separate and distinct portion of the development and shall have its boundaries specifically defined on the site plan of the affordable housing development. This separate and distinct area shall be no less than seven acres in size. The senior citizens housing complex may be subdivided from the remainder of the affordable residential development.
(c) 
Up to 100% of the units of a senior citizen housing development may be designated for occupancy by low and moderate-income families provided that at least 1/2 of the designated units are for low-income families. A developer may utilize senior citizen housing exclusively to meet his requirement of 20% low and moderate-income housing for an affordable housing development.
12. 
Maintenance. All lands not deeded and accepted by the municipality shall be subject to the provisions of Subsection 21-31.2b.8(o)(17).
13. 
Provision of low and moderate-income housing. A minimum of 20% of all dwelling units in an affordable housing development shall be affordable to and occupied by low and moderate-income families and at least 1/2 of these shall be affordable to and occupied by low-income families as defined by State of New Jersey Council on Affordable Housing.
However, at the discretion of the Planning Board of the Township of Ocean, a developer may make a contribution towards the future construction of low and moderate-income housing in lieu of the actual construction of such housing. The contribution may be in the form of cash, site improvements or land donation and must meet all of the following criteria:
(a) 
The value of the contribution must equal a minimum $6,000 per market rate housing unit to be constructed;
(b) 
The contribution must reasonably relate to the future construction of low and moderate-income housing;
(c) 
Contribution in the form of cash or site improvements must be paid in full or guaranteed by bond at the time of signing of a developers agreement. Contribution in the form of land dedication must have ownership transferred to the Township at the time of signing of the developers agreement. In the event of a contribution of land, density for the purpose of this section will be calculated on the basis of the land area before the contribution.
c. 
Affordable Apartment Flats.
In the event the applicant elects to develop the property as affordable apartment flats, the following standards shall apply:
1. 
Bulk requirements.
Minimum lot acres: 3.0 acres
Minimum lot width: 200 feet
Minimum lot depth: 200 feet
Minimum building setbacks -
Front yard: 50 feet
Side yard: 30 feet
Rear yard: 50 feet
Maximum building height: 45 feet
Maximum stories above grade: 3
Maximum impervious coverage: 50% (Based on gross tract area)
Maximum density: 14 dwelling units/gross acre
2. 
Accessory buildings shall conform to the height and setback requirements of the principal building.
3. 
No unit shall have more than two bedrooms except that affordable units may have three bedrooms per unit up to the number of units necessary to comply with New Jersey Council On Affordable Housing (COAH) regulations, UHAC regulations or to fulfill HMFA's low-income housing tax credit (LIHTC) funding requirement. The only exception would be that one unit may be specified for an on-site superintendant or for management purposes.
4. 
The total number of units to be affordable units shall be based on applicable COAH regulations. More specifically, if the development is intended to address Round 2 COAH regulations, a minimum of 15% of the total units shall be affordable units. If the development is intended to address Round 3 COAH regulations, a minimum of 20% of the units shall be affordable units. In the event the applicant proposes to provide affordable housing units by expanding an existing facility the applicant shall calculate the affordable obligation as a percentage of the existing market units and add that product to the total.
5. 
The provision of affordable units shall be based on a plan approved by the appropriate Municipal Agency. The affordable housing units shall comply with all applicable COAH and UHAC regulations including but not limited to those regulations concerning pricing; bedroom distribution; the statutory requirement for 13% of the units be reserved for very low-income households and the low/moderate income split such that the affordable units shall be at least 13% very low income, at least 37% low income and no more than 50% moderate income; affirmative marketing and ongoing monitoring.
6. 
An existing approved senior independent living facility may be converted to affordable apartment flats either by including affordable units in the existing facility or by expanding the facility to include affordable units. In either event, the COAH required percentage of affordable two bedroom and three bedroom units must be provided or bonded for prior to such conversion as described below. In the event the applicant chooses to provide affordable housing units within the existing building, without expansion of the building, the applicant must bond for the minimum number of three bedroom units required by COAH until such time as existing units are modified to provide the required number of three bedroom units. The amount of the bond shall be determined by the Township Engineer based on plans provided by the applicant, and shall be equivalent to the cost of converting existing units to the required number of three bedroom units. In the event that the applicant chooses to expand the existing building by adding new units, the applicant shall bond for the minimum required number of three bedroom units until such time as the new three bedroom units are constructed and have received a certificate of occupancy. The amount of the bond shall be determined by the Township Engineer, and shall be equivalent to the cost of construction of the required number of three bedroom units based on plans provided by the applicant. The remaining required affordable units must be made available for rent from existing units at the COAH determined rent levels until such time as any new affordable units are constructed and have received a Certificate of Occupancy. Recreational amenities shall be provided on site to accommodate anticipated families with children. Such amenities shall include play equipment for children and may also include such amenities as a swimming pool, courts for games, and sitting areas for adults.
[Adopted 1-8-1992 by Ord. No. 1564]
All areas put into common ownership for the common use by all residents of the development shall be owned by a nonprofit homeowners' association in accordance with the provisions of Subsection 21-31.3.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Eligibility Standards.
1. 
Occupants of 1/2 of all lower income units shall meet the State of New Jersey Council on Affordable Housing eligibility requirements for low-income families and one-half shall meet eligibility requirements for moderate-income families.
2. 
The developer shall agree not to impose age restrictions upon the occupants of any low and moderate-income unit, except as to specified senior citizen housing.
b. 
Housing Cost - New Housing. The initial rents and sales price of new affordable housing shall be computed as follows:
1. 
Sales prices. The initial sales price of all low and moderate-income housing units should not exceed the affordability of households earning 90% of the ceiling income of low income and moderate-income households, respectively, as defined in Subsection a1. The sales price shall be calculated assuming that a family, earning 90% of the respective ceiling income, will spend 28% of its gross income on mortgage, taxes, insurance and homeowners' association fees, assuming a thirty-year fixed rate mortgage at prevailing rates. The initial sales price of a unit shall be verified by the Township Housing Administrator, or other authorized designee of the Township Council in the absence of a Housing Administrator, in writing prior to a unit being offered for sale.
2. 
Rental prices. The maximum initial monthly rent of a unit shall not exceed 25% of a qualifying family's income when utilities are not included and 30% of a qualifying family's income when utilities are included.
c. 
Subsidies. Government subsidies may be used at the discretion of the applicant to fulfill requirements of this subsection.
d. 
Resale and Rental of Lower Income Housing.
1. 
All lower income dwelling units shall be required to have covenants running with the land to control the resale price of for sale units or to employ other legal mechanisms which shall be approved by the Township Attorney and will, in his opinion, ensure that such housing will remain affordable to persons of lower income.
2. 
The owner of all rental units shall provide legal documentation, to be approved by the Township Attorney, to assure that rental units will remain affordable to persons of lower income.
3. 
In the event that no low or moderate income purchaser is found within 120 days, after the unit is listed for sale with a realtor and the housing administrator is notified in writing of such listing, the low-income unit may be sold to a moderate income purchaser or, if none is available within an additional 14 days, to any interested purchaser, and the moderate-income unit to any interested purchaser. Regardless of the income of a purchaser, the sales price of a unit shall not increase more than permitted in Subsection d6. Proof of the attempt to sell shall be submitted to and shall be satisfactory to the housing administrator prior to resale. Resale controls shall remain in effect for any subsequent resales.
4. 
The Township and the applicant may develop reasonable priorities and qualifications for occupants of lower income housing, provided that Township residents and persons employed within the Township residents and persons employed within the Township shall be entitled to first priority for all affordable housing units for a period of 30 business days from the time such units are listed for sale or resale, or made available for rent. Selection procedures shall be directed and administered by a Township Official appointed each year as the Housing Administrator by the Township or, in the alternative, the Township may arrange for third party administration of resale and tenant selection of affordable housing.
5. 
The developer shall formulate and implement a written affirmative marketing plan acceptable to the Township Council. The affirmative marketing plan shall be realistically designed to ensure that lower income persons of all races and ethnic groups are informed of the housing opportunities in the development, feel welcome to seek or buy or rent such housing and have the opportunity to buy or rent such housing. It shall include advertising and other similar outreach activities.
6. 
Sales prices and rents may be increased in accordance with the guidelines issued by the State of New Jersey Council on Affordable Housing. In the absence of such guidelines, increases shall be based on the annual Metropolitan New York Regional Consumer Price Index for Housing of the Department of Labor. The increase will be computed by comparing the Index at the time of purchase to the Index at the time of sale and increasing the price of the unit by the same proportionate increase. Reimbursements for documented monetary outlays for reasonable improvements to the unit will also be permitted, provided that such improvements have been approved by the Housing Administrator prior to construction.
7. 
Resale and rental controls shall remain in effect for the life of the unit or until such time as the Township determines that the need for the unit no longer exists. Such a determination shall be made by means of a periodic review of the Township's Master Plan Housing Element as mandated by the New Jersey Municipal Land Use Law.
e. 
Phasing of Lower Income Housing. All affordable housing units shall be constructed according to the following schedule, except for any senior citizens housing complex which is to be subdivided from the remainder of the affordable housing development tract and dedicated or sold to the Township or its designated authority. The phasing schedule for any such senior citizens housing complex shall be determined by the Planning Board at the time of approval of the application for development, and shall be included in the resolution of approval as a condition of approval.
1. 
Schedule for Phasing:
(a) 
Lower income housing shall be phased in accordance with the following schedule:
Percentage of Total Market Housing Units
Minimum Percentage of Lower Income Housing Units
25
25
50
50
75
75
100
100
(b) 
The developer may construct the first 25% of the market housing units without constructing low and moderate-income housing units. No certificates of occupancy shall be issued for any of the next 25% of the units until 25% of the low and moderate housing units (of which half must be low income) shall have been issued certificates of occupancy. This pattern shall be continued as each increment of 25% of the units are constructed until the project is complete.
2. 
Any development for which a subdivision or site plan has been approved shall be considered a single development for purposes of Subsection e regardless of whether parts or sections are sold or otherwise disposed of to persons or legal entities other than the one which received approval. All such approvals and conditions of approvals shall run with the land. Any tracts or parcels sold shall include documentation satisfactory to the Township Attorney, setting forth the requirements for low and moderate-income housing unit.
[Added 12-29-2015 by Ord. No. 2251]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any one of the following purposes:
a. 
Principal permitted uses and structures.
1. 
Multifamily dwellings.
2. 
Townhouse dwellings.
b. 
Accessory buildings, structures and uses shall be permitted when used in conjunction with a principal permitted use.
1. 
Private garage, car shed, and parking lots.
2. 
Decks, balconies and open porches.
3. 
Buildings for tools and equipment for the maintenance of the grounds.
4. 
Management office.
5. 
Clubhouse or social hall for residents and their guests.
6. 
Outdoor recreational uses for residents and their guests.
7. 
Fences and hedges subject to the requirements of this chapter.
8. 
Signs subject to the requirements of this chapter.
9. 
Satellite antenna less than one meter in diameter.
10. 
Other customary accessory uses and structures which are clearly incidental to the principal structures and use.
c. 
Required use. If the affordable units are for-sale, 20% of the total number of dwellings shall be affordable to low and moderate-income households and in accordance with the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1. If the affordable units are rentals, 15% of the total number of dwellings shall be affordable to low and moderate-income households and in accordance with the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1. If rentals, 13% of the total number of affordable units shall be very low-income units pursuant to N.J.S.A. 52:27D-329.1.
[Added 12-29-2015 by Ord. No. 2251; amended 2-22-2024 by Ord. No. 2454]
The following development standards shall apply to the MIR-1 Zone:
a. 
Minimum lot area: five acres.
b. 
Minimum lot frontage: 50 feet on Cindy Lane.
c. 
Minimum lot width: 200 feet.
d. 
Minimum lot depth: 200 feet.
e. 
Minimum front yard setback: 25 feet (100 feet when adjacent to a single family detached use).
f. 
Minimum side and rear yard setback: 25 feet (100 feet when adjacent to a single family detached use).
g. 
Setbacks for accessory buildings or uses: 15 feet (50 feet when adjacent to a single-family detached use).
h. 
Maximum density: 12.35 units per gross acre (72 units).
i. 
Maximum stories; maximum height.
1. 
Within 200 feet of a property line of a single family detached use: two stories above grade: 35 feet.
2. 
In other locations on the site: three stories above grade: 45 feet.
3. 
Accessory buildings: one story above grade: 25 feet.
j. 
Maximum lot coverage - building: 25% of the total lot area.
k. 
Maximum lot coverage - impervious: 50% of the total lot area.
l. 
Parking setback requirements, except for parking in driveways leading to garage.: 15 feet (75 feet when adjacent to a single family detached use).
m. 
Maximum number of dwellings in a building: 24 dwellings.
n. 
Affordable units must meet UHAC bedroom standards. No more than 30% of the market-rate units may be three-bedrooms.
o. 
Maximum length of a building: 225 feet.
p. 
Minimum distance between buildings:
1. 
Between principal buildings: 50 feet.
2. 
Between principal and accessory buildings: 15 feet.
3. 
Between accessory buildings: 15 feet.
q. 
Landscape buffer width minimums:
1. 
Adjacent to an existing single family detached use: 50 feet.
2. 
Adjacent to any other use (except no buffer is required adjacent to the westerly property line.): 15 feet.
r. 
Additional development standards.
1. 
Recreational amenities shall be provided on site to accommodate anticipated families with children. Such amenities shall include play equipment for children and may also include such amenities as a swimming pool, courts for games, and sitting areas for adults.
2. 
There shall be a trash and recyclable storage area completely surrounded by a six-foot high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height.
3. 
There shall be no direct access of driveways from any dwelling onto a public street.
4. 
All vehicular access, except emergency access if required by the Township Fire Marshal or otherwise required by law, to the development must be via Cindy Lane or extension of Cindy Lane.
5. 
Parking shall be in accordance with RSIS.
[Added 2-27-2020 by Ord. No. 2332]
a. 
The intent of the AH-G Affordable Housing Golf Course Residential Inclusionary Overlay Zone (AH-G Overlay Zone) is to establish a suitable location within the Township for the development of low- and moderate-income housing uses in the form of an inclusionary (market-rate and affordable housing) development. This Overlay Zoning District will provide future opportunities for the construction of low- and moderate-income housing to implement the Township's unmet need provision in its Third-Round Housing Element and Fair Share Plan.
b. 
For the purpose of permitting inclusionary development, in the event of a change of use from golf course to a residential use, the provisions and requirements of the Affordable Housing Golf Course Residential Inclusionary Overlay Zone shall supersede the provisions and requirements of the underlying R-1, R-2 or R-3 Zones. In the event of a conflict between the provisions of this section and other sections of the Township development regulations with respect to the development of market-rate and affordable townhouses and apartment flats, the provisions of this Affordable Housing Golf Course Residential Inclusionary Overlay Zone shall govern.
[Added 2-27-2020 by Ord. No. 2332]
a. 
Permitted principal uses in the AH-G Affordable Housing Golf Course Residential Inclusionary Overlay Zone shall include:
1. 
Townhouses.
2. 
Multifamily apartment flats designed to appear as a townhouse.
b. 
Accessory buildings not to exceed 15 feet in height, structures and uses including:
1. 
Private residential off-street parking subject to the requirements of this chapter.
2. 
Decks and open porches subject to the requirements of this chapter.
3. 
Outdoor recreational uses for residents and their guests.
4. 
Fences and hedges.
5. 
Satellite dish antennas attached to a principal structure, not to exceed three feet in diameter or extend above the top of the roof of the building.
6. 
Other customary accessory uses and structures that are clearly incidental to the principal structures and uses.
c. 
Required use. Affordable housing is required to be provided, in accordance with the provisions of the Township of Ocean Revised General Ordinances, Chapter XXI, Article III, § 21-9B, as follows:
1. 
Twenty percent of the total number of dwellings produced shall be affordable to low- and moderate-income households and in accordance with the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1, with the one UHAC exception to very-low-income units required in Subsection c3 below.
2. 
At least 53% of the total number of affordable units produced shall be affordable to low-income households, including very-low-income households. The remaining 47% may be affordable to moderate-income households.
3. 
At least 13% of the total number of affordable units produced shall be affordable to very-low-income households pursuant to N.J.S.A. 52:27D-329.1.
4. 
The affordable units shall not be age restricted.
5. 
Each affordable unit shall have at least one bedroom with a minimum of 150 square feet and all other required bedrooms shall have at least 100 square feet.
d. 
The following conditional uses are permitted subject to approval of the Planning Board and the special conditions of this chapter:
1. 
Public utility installations.
[Added 2-27-2020 by Ord. No. 2332]
The following development standards shall apply to the AH-G Affordable Housing Golf Course Residential Inclusionary Overlay Zone:
a. 
Minimum lot size: 75 acres. (For the purposes of this zone, Block 59, Lot 1, and Block 60, Lot 1, shall be considered to be one lot.)
b. 
Maximum density: eight units per gross acre.
c. 
The developer shall reserve no less than 25% of the site for open space purposes. No more than 1/3 of the reserved open space shall be part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer; and a minimum of five contiguous acres of usable land, not a part of any floodplain, freshwater wetlands area or freshwater wetlands area buffer, shall be reserved for open space purposes. The location shall be approved by the Planning Board. The open space may be a part of the land reserved for common use. Title to all reserved or common land shall be held in fee simple by the homeowners' association, except that the municipality may elect to have certain areas dedicated to the municipality.
d. 
The minimum width of the entire parcel containing an affordable residential development shall not be less than 400 feet.
e. 
The minimum depth of the entire parcel containing an affordable residential development shall not be less than 1,000 feet.
f. 
Multiple road accesses from any affordable residential development onto any single street shall be separated by at least 500 feet of frontage.
g. 
Road access shall be prohibited from any affordable residential development into any of the following single-family residential streets in order to protect the single-family residential character of the area: Crosby Avenue, Runyon Avenue, Parker Avenue, Dwight Drive, Fairway Lane, and Brook Drive.
h. 
Townhouse dwelling units, including affordable townhouse or multifamily apartment flat dwelling units, shall utilize the following standards:
1. 
Minimum setback from all public roads: 100 feet.
2. 
Minimum setback from pavement of internal public or private road or parking area: 20 feet.
3. 
Minimum setback from perimeter property lines of entire site: 100 feet.
4. 
Maximum lot coverage:
(a) 
Building: 25% of total lot area.
(b) 
Impervious: 50% of total lot area.
5. 
Minimum width per unit: 20 feet.
6. 
Maximum building height: two stories above grade or 35 feet, whichever is less.
7. 
Maximum number of units per structure:
(a) 
Townhouse: six.
(b) 
Multifamily apartment flat: 12.
8. 
Minimum number of units per structure:
(a) 
Townhouse: four.
(b) 
Multifamily apartment flat: eight.
9. 
Maximum length of structure: 150 feet.
10. 
Minimum interior storage area per unit: 700 cubic feet. Required storage space shall have a minimum vertical clearance of five feet and shall be located in a basement, attic or attached storage room and shall not include garage or closets.
11. 
Minimum distance between buildings: 85 feet between any two rear or front facades or any rear or front facade with a side facade; 35 feet between any two side facades. No portion of a front facade shall face any portion of a rear facade.
12. 
Minimum number of outside accesses per unit: two.
13. 
Other provisions.
(a) 
A structure shall not have more than two connected townhouse units on one facade without providing a variation in setback of at least five feet.
(b) 
A structure shall not have more than two connected townhouse units on one facade without providing a reasonable variation in the facade architecture.
(c) 
Television antenna equipment shall be built into the buildings. No antennas shall be erected on the roof.
(d) 
There shall be a minimum buffer of 50 feet along all side and rear property lines.
(e) 
Buffers of no less than 50 feet shall be placed along all roads where a dwelling unit's rear or side facade faces a public road. The use of landscaped berms or decorative masonry walls can be utilized in addition to an all landscaped buffer. The use of a decorative wall and material to be used for the wall shall be at the discretion of the Planning Board.
(f) 
No individually registered commercial vehicle longer than 22 feet in length or 10 feet in height measured from the highest point of said vehicle excluding exhaust stacks and antennas, or having a registered weight of 18,000 pounds or more, shall be stored or parked on any lot or portion of a lot nor parked on any street overnight situated in this residential zone.
(g) 
Accessory buildings shall conform to the height and setback requirements of the principal building.
(h) 
Fences, patios, or similar outside facilities to the rear of each unit may only be constructed by the original developer or by the homeowners' association and only after a set of architectural standards is approved by the municipal agency and administered by the original developer or the homeowners' association.
(i) 
There shall be, within each townhouse and multifamily apartment flat unit, adequate area for the temporary storage of recyclable materials, as required in this chapter.
(j) 
There shall be a trash and recyclable storage area completely surrounded by a six-foot-high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height. All accessory apparatuses, such as propane tanks, shall be similarly enclosed.
(k) 
Common areas of any tract utilized for any development shall be deeded to a homeowners' association consisting of the property owners within the development, for their use, control, management and maintenance.
(l) 
Only the land directly under each unit, and land adjacent thereto with an area not greater than 50% of said land under each unit, shall be sold in fee simple to the purchaser of the unit. All other lands shall be the ownership and responsibility of the homeowners' association. All land other than that directly under each unit shall be under the maintenance responsibility of the homeowners' association.
(m) 
Off-street parking is required subject to the regulations of this chapter.
(n) 
Landscaping is required subject to the regulations of this chapter.
(o) 
All internal and external improvements found necessary in the public interest, including, but not limited to, streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth for major subdivisions of land. All curb-to-curb pavement widths shall not be less than 30 feet. No building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in accordance with municipal ordinances.
(p) 
There shall be no direct access of driveways from any dwelling unit onto a public street.
(q) 
Affordable townhouse units and multifamily apartment flats shall be integrated throughout the development and not separated from market rate units.
[Added 4-23-2020 by Ord. No. 2334A]
The purpose of this Roosevelt Avenue Inclusionary Overlay Zone is to create an overlay zone for certain properties within the existing Multifamily Residential Zone for Lots 11, 12 and 22 of Block 22, as shown on the Official Tax Maps of the Township of Ocean, County of Monmouth. This overlay zone is created pursuant to the terms of a settlement agreement dated April 23, 2020, entered in litigation entitled Roosevelt Properties LLC v. Township of Ocean, Docket. No. MON-L-5930-09, and that resolves all issues in that case as well as in In re Ocean Township, Docket. No. MON-L-2531-15. The provisions set forth herein shall permit the development of 22 units of townhouses and a stacked townhouse, and at a higher density than permitted in the existing and underlying zone to accommodate the required provision of affordable housing.
[Added 4-23-2020 by Ord. No. 2334A]
Provisions of this Roosevelt Avenue Inclusionary Overlay Zone Ordinance shall supersede any provision of the Township of Ocean Land Development Ordinance as currently amended and/or supplemented, which conflicts with, or is contrary to, the provisions set forth in this overlay zone section.
[Added 4-23-2020 by Ord. No. 2334A]
All uses permitted in the underlying zone continue to be permitted in compliance with the standards of the underlying zone. In addition, multifamily units, consisting of townhouses and apartment flats within a townhouse structure, shall be permitted, provided that 22 such multifamily residential units may be constructed in accordance with the development standards listed below for this zone, of which two shall be moderate-income affordable units provided as apartment flats located within one townhouse structure. Two market-rate flats will be located in the first building next to Roosevelt Avenue along with the two affordable flats. All other multifamily units shall be market-rate townhouse units. In addition to the on-site construction of two moderate-income units, the developer shall make a payment into the Housing Trust Fund of Ocean Township of $475,000 or $23,750 per market unit in lieu of constructing three low-income units, including one very-low-income unit.
[Added 4-23-2020 by Ord. No. 2334A]
For purposes of this section, the terms below have the following meanings:
APARTMENT FLAT
A dwelling unit consisting of a single story or level, which may be at ground level or above a ground level unit and shall be located in a building type that also includes townhouses.
LOT LINE, FRONT
Any lot line, or segment thereof, that is collinear with the right-of-way line of a public thoroughfare.
LOT LINE, REAR
The lot line (or lines) of a tract to be developed pursuant to the multifamily residential overlay provisions of the ordinance which is opposite and generally parallel to the lot line, front, of the tract from which primary access to the development obtains.
LOT LINE, SIDE
Any lot line that is not a lot line, front, or a lot line, rear.
[Added 4-23-2020 by Ord. No. 2334A]
The following bulk standards shall apply to the development of any property located in the Roosevelt Avenue Inclusionary Overlay Zone:
a. 
More than one primary building may be constructed per lot.
b. 
Minimum gross lot area: 10 acres.
c. 
Minimum lot frontage: 125 feet.
d. 
Minimum lot depth: 125 feet.
e. 
Minimum front yard setback: 30 feet.
f. 
Minimum side yard setback: 15 feet.
g. 
Minimum rear yard setback: 100 feet.
h. 
Minimum setback from pavement of internal roadway: 24 feet from front of building, excluding roof soffits, the fascia of which shall be permitted to have setbacks of 22 feet.
i. 
Maximum principal building height: 38 feet from the garage floor to the highest roof point.
j. 
Maximum number of levels of living space: 3.
k. 
Maximum building coverage: 7.5% of total lot area.
l. 
Maximum impervious lot coverage: 15% of total lot area.
m. 
Number of dwellings per building: 8 dwellings.
n. 
Maximum dwelling unit density: 2.5 dwelling units per acre.
o. 
Maximum length of building: 200 feet.
p. 
Minimum distances between buildings:
1. 
Front to front: 50 feet.
2. 
Rear to front: 50 feet.
3. 
Front to side: 50 feet.
4. 
Rear to rear: 50 feet excluding building eaves which shall be permitted to extend a maximum of 24 inches beyond the primary vertical planes of the building walls below.
5. 
Rear to side: 50 feet.
6. 
Side to side: 20 feet.
q. 
On-site emergency vehicle access/circulation: Every on-site street and/or common access/circulation drive shall meet, or exceed NFPA requirements for a fire access road.
r. 
Subject to the development standards set forth in this Inclusionary Overlay Zone Ordinance, and notwithstanding the provisions of any other ordinance, market-priced units may be constructed anywhere in the Inclusionary Overlay Zone permitted by the New Jersey Department of Environmental Protection, including flood hazard areas. Subject to the development standards set forth in this Inclusionary Overlay Zone Ordinance, and notwithstanding the provisions of any other ordinance, moderate-income units may be constructed anywhere in the Inclusionary Overlay Zone permitted by the New Jersey Department of Environmental Protection, except they may only be constructed on the portion of the zone outside the flood hazard area delineated by the New Jersey Department of Environmental Protection. Documents showing the location of proposed units with regard to NJDEP-approved floodway and flood hazard areas shall be disclosed to all prospective buyers prior to the entry of a contract for sale.
s. 
Access driveways and on-site parking. Access driveways and on-site parking shall be provided in strict compliance with requirements of N.J.A.C. 5:21-4.14, subject to the right of the applicant to seek relief from the provisions of the RSIS, with the understanding that the Planning Board, in its sole discretion, shall determine whether or not to grant relief to the applicant, and the following:
1. 
All interior access driveways shall be curbed.
2. 
All interior access driveways shall have minimum traveled way pavement widths (i.e., curb face to curb face) of 24 feet.
3. 
A continuous concrete walk four feet in width shall be provided along the entire building-side length of every interior access driveway. A four-foot-wide concrete walk shall connect the interior of the development with each and every public right-of-way adjoining the development site.
4. 
The minimum distance between any traveled way pavement edge and any point upon the architectural front facade of any building shall be 24 feet excluding roof soffits, the fascia of which shall be permitted to have setbacks of 22 feet.
5. 
All market-priced residential units shall include, at a minimum, an attached, fully enclosed, one-car garage having minimum inside clear dimensions of 12 feet wide by 20 feet deep. Direct access shall be provided between the interior of any garage and the interior living space of the dwelling unit of which the garage is a part.
6. 
Every mmarket-priced unit shall be provided with a paved driveway having a minimum width of 10 feet which shall provide a continuous paved connection between the unit's garage and the travelled way upon which the unit fronts.
7. 
On-street parallel parking shall not be permitted. All parking spaces not located within enclosed garages or upon residential driveways shall be provided within on-site common parking lots or within on-site common parking areas located directly adjacent to the travelled way of a development access driveway.
8. 
On-site parking lots and parking areas shall be screened from view of off-site persons by six-foot-tall, architecturally solid-faced fencing and landscaping designed to minimize impacts of vehicle headlight illumination upon off-site properties. The designs of all such fencing and landscaping shall be subject to site-specific review and approval of the Planning Board and its professional staff.
9. 
No point upon the paved surface of any on-site parking lot or parking area, excluding townhouse driveways, shall be located within 50 feet of a development site front boundary line and/or no closer than eight feet to a development site side or rear boundary line, except that such pavement may be located as close as four feet to a development site side or rear boundary line if a six-foot-tall brick or stone masonry screen wall, which will aesthetically match the architectural design of the townhomes on both sides of the wall, of a design acceptable to the Planning Board and its professional staff, is provided in place of the required solid-faced fencing.
t. 
All outdoor spaces reserved for private use by residents of one single-dwelling unit, including, but not limited to, patios, decks and balconies, excluding building front entry porches having areas of 32 square feet or less, shall be located along, or upon, exterior building facades, other than architectural front facades, and shall not face parking areas or access drives of the development.
u. 
No portion of any horizontal structural member nor any exterior facade element of any building shall be located at an elevation lower than the New Jersey flood hazard area design flood elevation for the site; provided, however, that building design and construction shall strictly comply with all applicable building codes and/or NJDEP requirements in effect at the time of construction.
v. 
The buffer requirements of Section 21-47.1d1 shall not apply. Where a building, parking space, drive aisle or drainage structure is located within 100 feet of an adjacent lot, a solid fence shall be constructed in accordance with the requirements of § 21-48. Unless located in the required front yard, such fence shall be six feet in height.
w. 
The recommended maximum townhouse driveway pavement slope is 7.50% with driveway surface slopes no greater than 3.00% within 10 feet of a garage door. At the sole discretion of developer's New Jersey professional engineer, steeper driveway surface slopes shall be permitted upon signed/sealed construction drawings submitted for review during the site plan approval process. In no case, however, shall the elevation differential between a point along the gutter line of any on-site circulation drive and any point upon an adjacent townhouse driveway surface located along the line perpendicular to said gutter line from said gutter line point be greater than 18 inches.
x. 
Within this Inclusionary Overlay Zone, ground surface elevation changes of two feet or more shall be permitted if, and only if:
1. 
All yard areas of the site located within 20 feet of a townhouse unit and having ground surface elevations above that of the New Jersey flood hazard area design flood elevation (NJFHADFE) for the site, as established by the NJDEP, have slopes no greater than 25% (i.e., 1V:4H); and
2. 
All other yard areas of the site above the NJFHADFE shall have surface grading no steeper than 40% (i.e., 1V:2.5H) and be permanently stabilized with approved ground cover.
y. 
No wall or structure constructed upon, or within, 10 feet of a tract boundary line shall serve as an earth-retaining structure unless it results in a lowering of the ground surface of the subject tract to elevation levels below those of the adjacent property at all points of its length.
z. 
No point upon the pavement surface of any on-site street and/or common access/circulation drive shall have an elevation below that of the New Jersey Flood Hazard Area Flood Elevation for the site.
[Added 4-23-2020 by Ord. No. 2334A]
a. 
Twenty percent of the units constructed shall be affordable to low- and moderate-income households of which at least 50% of the units shall be low-income units.
b. 
In lieu of reserving 20% of all units for low- and moderate-income households, the developer shall have the right, pursuant to the settlement agreement, to satisfy its 20% affordable housing obligation through the on-site construction of two moderate income for-sale units and an in-lieu contribution to the Township for three low-income affordable units, including one very-low-income unit.
c. 
The two on-site affordable units shall address the affordable housing requirements of the Township of Ocean, the Council on Affordable Housing (COAH) at N.J.A.C. 5:93 and the Uniform Housing Affordability Controls (UHAC) per N.J.A.C. 5:80-26.1. The two affordable units shall be provided within one stacked townhouse structure, with one unit provided as a two-bedroom unit and one as a three-bedroom unit. Pursuant to COAH's phasing requirements at N.J.A.C. 5:93-5.6(d), both on-site affordable housing units must receive a certificate of occupancy (C.O.) before the 10th of the 20 total market-rate units receives a C.O. The affordable units shall remain affordable to a moderate-income household for a period of at least 30 years by virtue of a deed restriction per UHAC at N.J.A.C. 5:80-26.11(a). UHAC at N.J.A.C. 5:80-26.3(f) requires that affordable units utilize the same type of heating source as market units within the affordable development. The townhouse units shall comply with the accessibility and adaptability requirements of the International Building Code — NJ Edition 2015 (IBC-NJ 2015), and the affordable stacked townhouse units shall comply as well with COAH's accessibility and adaptability rules, including, but not limited to, N.J.A.C. 5:97-3.14. COAH Regulations at N.J.A.C. 5:93-11 and UHAC at N.J.A.C. 5:80-26.15 require an affirmative marketing program for the affordable units. Furthermore, pursuant to N.J.A.C. 5:93-11.3(e), the cost of affirmatively advertising the affordable units is to be the developer's responsibility. The developer shall enter into an agreement with an experienced affordable housing administrative agent per UHAC at N.J.A.C. 5:80-26.14 to oversee the placement of a deed restriction on the units, household income qualification, setting the moderate-income sales prices at an average of no more than 55% of the regional median income, ongoing affirmative marketing and administrative oversight efforts, etc.
d. 
In lieu of construction of three of the residential units as affordable to very-low- and low-income households on site, the developer shall make a payment into the Housing Trust Fund of Ocean Township of $158,333.33 for each of the three very-low- and low-income units, for a total contribution of $475,000. The developer shall pay into the Ocean Township Affordable Housing Trust Fund the sum of $23,750 per market-priced unit. The developer shall pay 1/2 of this sum as a condition of receipt of the building permit for that unit and the remainder as a condition of receipt of the final certificate of occupancy for that unit.
[Added 4-23-2020 by Ord. No. 2334A]
If property developed in accordance with the development standards for this zone is subdivided into separate residential lots, all common lands not deeded to and accepted by the municipality shall be owned in common by a nonprofit homeowners' association for the development within this overlay zone in accordance with the provisions of § 21-31.3. Maintenance of any such common area shall be in accordance with the provisions of § 21-31.2b8(o)(17). All homeowners' documents shall be submitted, reviewed and approved as part of the land use application.
[Added 4-23-2020 by Ord. No. 2334A]
Pursuant to the executed settlement agreement referenced in § 32-32C.1 (Purpose) above, Roosevelt is entitled to all of the benefits and burdens afforded to developers of inclusionary developments by the FHA, COAH's regulations, and the UHAC regulations. However, per the agreement, this section satisfies the Township's obligation to remove all "cost generative features not necessary for health or safety" as set forth in N.J.A.C. 5:93-10 et seq. If the Township or Planning Board impose any additional requirement that may be considered improperly cost generative and/or not expressly or impliedly required by the agreement or this section:
a. 
Roosevelt may request a determination by the Special Master as to the appropriateness of said additional requirement; and
b. 
The Township and its Planning Board have the right to oppose Roosevelt's claim regarding said cost-generative requirement.
[Adopted 1-8-1992 by Ord. No. 1564]
All curb cuts shall be at least 15 feet but not more than 30 feet in width, except on County or State roads where applicable County or State requirements are established. Unless specifically permitted elsewhere in this chapter, only one curb cut shall be permitted on any street frontage, and it shall be located within the center 1/3 of the frontage of the site.
[Adopted 1-8-1992 by Ord. No. 1564]
No use shall be established maintained or conducted in any business zone that will conflict with performance standards as established in this chapter.
[Adopted 1-8-1992 by Ord. No. 1564]
All utility and telephone lines and appurtenances which provide service to the property shall be placed underground.
[Amended 3-19-1997 by Ord. No. 1770]
An enclosed area shall be provided for the temporary storage of trash and recyclable refuse. Notwithstanding zoning requirements to the contrary, the following shall apply:
a. 
Application for a trash and recyclable materials storage area shall be made to the Planning Administrator.
b. 
The application shall be made as follows:
1. 
Applicants will submit an original and two copies of the appropriate application forms.
2. 
The appropriate fee will be paid.
3. 
Applicants will submit copies of an approved site plan if the property has previously received site plan approval or, if not, a survey of the property on which the storage area is to be located.
4. 
Applicants will provide a drawing/sketch plan of the storage area, properly dimensioned, on the survey or site plan, which reflects the proposed storage area and distances to other structures and property lines.
5. 
The following details shall apply to the storage area. They may be shown on the plan for the storage area or attached on a separate sheet.
(a) 
Storage area floor pad shall be a six inch thick concrete slab, reinforced using 6/6/12/12 welded wire fabric;
(b) 
Enclosure walls/fencing shall be of reinforced masonry and/or timber construction and shall be solid to provide a suitable visual screen. If timber fencing is utilized:
(1) 
Fence and gate posts shall be constructed of four inch O.D. galvanized steel pipe (3/16 wall) set in 12 inch minimum diameter by twenty-four-inch deep concrete foundations 30 inches below grade; and
(2) 
Enclosure panels shall be board-on-board type, six feet high, and enclose the entire perimeter of the storage area; and
(c) 
All enclosure gates shall be specified to be self-closing, self-latching, and capable of being fixed securely in the open position.
c. 
Trash and recyclable material storage areas may be located no less than five feet from a rear or side property line. No storage area may be located in a front yard.
d. 
If, in the opinion of the Planning Administrator, the changes to the original site plan are solely for the purpose of creating a trash and recyclable materials storage area and the site will continue to operate so as to promote the public health, safety, and general welfare, an administrative approval may be granted.
e. 
(Reserved)
f. 
In the alternative, if the Planning Administrator finds that (1) the proposed location of the storage area may be a detriment to the public health, safety, and general welfare, or, (2) does not comply with the details referenced in Subsection b4, or, (3) is located in a front yard or closer than five feet to a side or rear property line, then an administrative approval shall not be granted. A site plan application before the appropriate Municipal Board shall be made.
g. 
Existing nonresidential structures which have not obtained an approved trash and recyclable materials storage plan by March 30, 1997, shall be deemed to be nonconforming as a result of the adoption of this Subsection 21-33.5 and shall be deemed to be in violation of the Township's Ordinances with regard to recycling and litter control and shall be subject to the penalties enumerated in the Comprehensive Land Development Ordinance of the Revised General Ordinances of the Township of Ocean.
[Adopted 1-8-1992 by Ord. No. 1564]
Roof structures such as mechanical equipment, water towers, etc., shall be screened from public view or designed in such a fashion as to compliment the architecture of the building.
[Amended 3-16-2009 by Ord. No. 2111]
One freestanding flag pole to display the flag of the United States of America and/or the State of New Jersey shall be permitted on a property in a commercial zone. Notwithstanding zoning requirements to the contrary, the following shall apply:
a. 
Applications for a flag pole shall be made to the Planning Administrator.
b. 
The application shall be made as follows:
1. 
Applicants will submit an original and two copies of the appropriate application forms.
2. 
The appropriate fee shall be paid.
3. 
Applicants will submit copies of an approved site plan if the property has previously received site plan approval, or if not, a survey of the property on which the flag pole is to be located. In the event a site plan or survey is not available, the applicant may have the location staked for review.
4. 
Applicants will provide a location of the flag pole on the survey or site plan which reflects the proposed flag pole and distances to other structures on and property lines.
c. 
The following specifications shall apply to the flag pole:
1. 
Only one free-standing flag pole is permitted.
2. 
The flag pole must be located in a curbed and/or landscaped area.
3. 
The height of the flag pole may be no greater than 10 feet above the maximum building height permitted in the zone, but in no case may the height exceed 45 feet.
d. 
If, in the opinion of the Planning Administrator, the changes to the original site plan are solely for the purpose of locating a flag pole and the site will continue to operate so as to promote the public health, safety, and the general welfare, an administrative approval may be granted.
e. 
In the alternative, if the Planning Administrator finds that the proposed location of the flag pole: (1) may be a detriment to public health, safety, and general welfare; or (2) does not comply with the specifications in Subsection 21-33.7 c., before the appropriate Municipal Board shall be made.
[Adopted 1-8-1992 by Ord. No. 1562]
The purpose of the Transitional Office/Residential Zone is to provide an appropriate transitional use between certain existing single family residential areas, as identified in the Master Plan of the Township of Ocean, and more intensive commercial areas or heavily travelled streets.
[Adopted 1-8-1992 by Ord. No. 1564, amended 8-21-1996 by Ord. No. 1746]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal permitted uses.
1. 
Single family residence.
2. 
Home professional office.
3. 
Professional office (excluding medical or dental uses).
4. 
Family day care homes.
[Added 8-21-1996 by Ord. No. 1746]
b. 
Accessory buildings not to exceed 15 feet in height, structures and uses including:
[Amended 9-18-1996 by Ord. No. 1748]
1. 
Private garage, not to exceed two spaces.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts.
4. 
Signs, subject to the regulations and conditions of this chapter.
5. 
Fences and hedges subject to the special conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
The following conditional uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.
2. 
Public utility installations.
3. 
House of Worship.
[Amended 6-16-2008 by Ord. No. 2103]
4. 
Public and parochial schools.
5. 
Satellite antenna dishes greater than one meter for a residential use or greater than two meters for an office use.
[Amended 8-21-1996 by Ord. No. 1746]
[Adopted 1-8-1992 by Ord. No. 1564; Amended 6-18-1997 by Ord. No. 1774, 8-6-1997 by Ord. No. 1776]
The T-1 Transitional Office/Residential Zone specified herewith shall be occupied only as indicated in this chapter.
a. 
Single-Family, Home Professional Offices and Professional Offices.
1. 
Principal buildings.
(a) 
Minimum lot size: 10,000 square feet.
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Minimum front yard setback. (measured from the future street R.O.W.): 30 feet.
(e) 
Minimum side yard setback: 10 feet.
(f) 
Minimum both side yard setbacks: 25 feet.
(g) 
Minimum rear yard setback: 30 feet.
(h) 
Minimum gross floor area.
(1) 
Two story buildings:
First floor minimum: 700 square feet
Overall minimum: 1,400 square feet
(2) 
One and one-half story buildings:
First floor minimum: 850 square feet
Overall minimum: 1,400 square feet
(3) 
Single story buildings: 1,300 square feet.
(i) 
Maximum lot coverage:
building: 27% of buildable lot area
impervious: 90% of buildable lot area
(j) 
Floor area ratio.
[Amended 3-19-1997 by Ord. No. 1770]
Single family residences: Not applicable
Professional offices: 27%
Home professional offices: 20%
(Note: the 20% floor area ratio limitation applies to the office portion of the home professional office only.)
(k) 
Maximum building height: 35 feet.
[Amended 6-18-1997 by Ord. No. 1774]
(l) 
Maximum stories: two stories above grade
[Added 6-18-1997 by Ord. No. 1774]
2. 
Accessory buildings, structures and uses.
(a) 
More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.
(b) 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks or porches three feet in height or less, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. Decks which exceed three feet in height must maintain the required side yard setback and may extend no more than 20 feet beyond the required rear yard setback line provided no point of the deck floor exceeds a height of seven above finished grade. Any deck which exceeds three feet in height and is located within the required rear yard shall have it's base screened by either lattice or landscaping or a combination of the two. All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Off-street parking is required subject to the requirements and conditions of this chapter.
b. 
Landscaping is required subject to the requirements and conditions of this chapter.
c. 
No more than 24 inches of unfinished foundation shall be exposed above ground in the front of any building and no more than 42 inches of unfinished foundation shall be exposed above ground in the architectural rear of any building.
[Amended 6-18-1997 by Ord. No. 1774, 8-6-1997 by Ord. No. 1776]
The purpose of the C-1 Neighborhood Commercial Zone is to provide retail centers in which will be found the shopping goods and services required to meet the daily needs of residents in the immediate vicinity or neighborhood. It is specifically intended for retail sales and services in the older established areas of the community.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Buildings and Uses.
Antique store
Apparel
Appliance store
Artist's supply
Bakery store
Bank
Barber store
Beauty and cosmetic shop
Bicycle store (non-motorized)
Books, periodicals and newspaper sales
Business office
Butcher store or meat market (no slaughtering permitted)
Candy store
Card store
Ceramic store
Cigars and tobacco sales
Cleaners (no processing)
Coin dealer
Convenience store
[Added 1-10-2019 by Ord. No. 2313]
Dairy products, retail
Delicatessen
Drugstore
Finance company
Florist
Fruit and vegetable market
Gift shop
Grocery store
Hardware store
Hobby store
Ice cream store
Jewelry store
Liquor store
Locksmith
Luncheonette (non drive-in)
Medical and dental clinic and offices
Musical instrument store
Newsstand
Notary
Paint, glass and wallpaper store
Personal trainers
[Added 4-17-1996 by Ord. No. 1726]
Pharmacy
Photography studio
Private schools
Professional office
Public utilities office
Real estate and insurance office
Record store
Restaurant
[Added 3-10-2016 by Ord. No. 2262]
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262]
Rug/flooring store
[Added 8-21-1996 by Ord. No. 1746]
Seafood store
Shoe or hat repair store
Snack bar (non drive-in)
Specialty food store
Sporting goods store
Stationery store
Tailor
Tavern
Television, radio, electronics, sales and service
Travel agency
Video store
[Amended 3-10-2016 by Ord. No. 2262 to delete Restaurant, non drive-in, non fast-food]
b. 
Accessory Buildings and Uses Including:
1. 
Private garage space not to exceed three spaces for the storage of vehicles operated exclusively as part of a permitted use which is located on the subject site.
2. 
Signs subject to the provisions of the requirements of this chapter.
3. 
Fences and hedges subject to the requirements of this chapter.
4. 
Buildings for tools and equipment used for maintenance of the grounds.
5. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
The following conditional uses are permitted subject to the Planning Board approval and the special conditions of this chapter.
1. 
Government buildings and services which are necessary to the health, safety, convenience and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.
2. 
House of Worship.
[Amended 6-16-2008 by Ord. No. 2103]
3. 
Public utility installations.
4. 
Child day-care centers.
5. 
Satellite antenna dishes greater than two meters in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
6. 
Mixed Use Inclusionary Development in the C-1 Zone.
[Added 10-13-2016 by Ord. No. 2282]
[Adopted 1-8-1992 by Ord. No. 1564]
The C-1 Commercial Zone specified herewith shall be occupied only as indicated in this chapter which is as follows:
a. 
Principal Buildings.
1. 
Minimum lot size: 10,000 square feet.
2. 
Minimum lot width: 50 feet.
3. 
Minimum lot depth: 100 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.): five feet.
5. 
Minimum side yard setback: zero feet.
In order to encourage an end product which provides parking, access, and architectural continuity even where development occurs piece-meal and with diverse ownership, buildings may be attached and may be built to the interior side lines in order to be attached. The minimum distance between structures, if not attached, shall be 15 feet whether on the same lot or an adjacent lot. Attached buildings may include two walls which must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate easements and plans showing properly located loading spaces and trash receptacles with permitted access across adjacent properties. If the property abuts a residential zone, the building shall be set back a distance of 25 feet from the residential zone.
6. 
Minimum rear yard setback: 10 feet.
If the property abuts a residential zone, the building shall be set back a distance of 25 feet from the residential zone.
7. 
Minimum gross floor area: 800 square feet.
8. 
Maximum lot coverage: 27% of buildable lot area.
9. 
Maximum building height: 2 1/2 stories above grade or 35 feet, whichever is less.
b. 
Accessory Buildings. Accessory buildings shall conform to the same height and setback requirements as the principal building. Accessory buildings are not permitted in the required front yard.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the C-2 Highway Commercial Zone is to provide areas for retail sales and services to serve the residents of the Township of Ocean and adjacent communities; to promote compatible land use development of attractive building groups; to ensure the compatibility of the development with adjacent residential areas; to improve and provide for the efficient and safe traffic flow within and through the C-2 Zone; and to provide highway oriented commercial uses in the proper location in the community.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Buildings and Uses.
Advertising agency
Advertising specialty office
Antique store
Apparel
Appliance store
Art gallery
Artist's supply
Audio visual equipment
Auto supplies; parts and accessories (not including used or junk parts)
Bakery store
Bank
Barber shop
Beauty and cosmetic shop
Blueprinting and photostating
Bicycle store
Books, periodicals and newspaper sales
Broadcasting studio
Business equipment sales
Business office
Butcher store or meat market (no slaughtering permitted)
Cafeteria
Camera and/or photographic supply store
Candy store
Caterers
Ceramic store
China store
Cigars and tobacco sales
Cleaners pick-up or laundry pick-up
Clothing and pressing establishments
Coin dealer
Convenience store
[Added 1-10-2019 by Ord. No. 2313]
Cosmetic store
Costume rental
Credit union office
Curtain store
Dairy products, retail
Delicatessen
Department store
Diner
Drugstore
Employment agency
Electrical supplies
Exterminator
Fabric store
Finance company
Fire protection equipment sale, non-automotive
Floor covering
Florist
Food products
Fruit and vegetable market
Funeral services
Fur store
Furniture sales
General office buildings
Gift store
Glassware
Greeting card store
Grocery store
Gymnastics and martial arts studios
Hardware
Health clubs
Hobby store
Home furnishings
Home improvement offices
Hospitals, animal
Household appliance
Ice cream store
Insurance company
Interior decorator
Jewelry store
Kitchen equipment
Laundry and dry cleaning
Lawn maintenance services office
Leather goods and luggage
Liquor store
Locksmith
Luncheonette
Mail order house
Major appliance sales
Medical and dental clinic and offices
Metalware
Motorcycle sales and rental
Museum
Music and dance studios
Musical instrument store
Notary
Nursing home
Office equipment and supplies
Optical goods
Paint, glass and wallpaper store
Personal trainers
[Added 4-17-1996 by Ord. No. 1726]
Pet grooming
Pet shop
Pharmacy
Phonographic sales and service
Photographic studio
Printers office and establishment
Private school
Physical culture and health establishments
Professional office
Public utilities office
Real estate and insurance
Record store
Reducing salon
Restaurant
[Added 3-10-2016 by Ord. No. 2262]
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262]
Sandwich store
Savings and loan association
Seafood store
Shoe and hat repair
Shopping center
Specialty food store
Sporting goods store
Stamp and coin store
Stamp redemption centers
Stationery store
Supermarket
Surgical and medical supplies sales
Tailor
Telephone answering service
Television, radio, electronics, sales and service
Toy store
Travel agency
Travel ticket office
Telephone and telegraph office
Uniform rental and sales
Variety store
Veterinary hospital
Video store. [Added 3-19-1997 by Ord. No. 1770]
Window cleaning service
[Amended 3-10-2016 by Ord. No. 2262 to delete Eating establishment, non drive-in, non fast food and Restaurant, non drive-in, non fast food]
b. 
Accessory Buildings and Uses Including:
1. 
Private garage space not to exceed three spaces for the storage of vehicles operated exclusively as part of a permitted business which is located on the subject site.
2. 
Signs subject to the requirements of this chapter.
3. 
Fences and hedges subject to the requirements of this chapter.
4. 
Buildings for tools and equipment used for maintenance of the grounds.
5. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and uses.
c. 
The following conditional uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Public utility installation.
2. 
Car washes.
3. 
Automotive gasoline station.
4. 
Automotive service station.
5. 
Automotive sales and service.
6. 
Automotive accessory sales and installation.
7. 
Plant nurseries, nursery stock supply and sales, garden landscape supplies.
[Amended 9-18-1996 by Ord. No. 1748]
8. 
Government building and services.
[Amended 9-18-1996 by Ord. No. 1748]
9. 
House of Worship.
[Amended 6-16-2008 by Ord. No. 2103]
10. 
Eating establishments (drive-in or fast-food).
11. 
Quasi-public uses including clubs, lodges, and similar uses.
12. 
Billboard signs.
13. 
Child day-care centers.
14. 
Satellite antenna dishes greater than two meters in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
15. 
Move theater, indoor.
[Amended 6-18-1992 by Ord. No. 1585]
16. 
Automotive rentals and leasing.
[Added 9-18-1996 by Ord. No. 1748]
17. 
Automotive gasoline station/C-Store.
[Added 9-3-1997 by Ord. No. 1779]
18. 
Wireless telecommunications tower and antenna.
[Added 6-17-1998 by Ord. No. 1799]
19. 
Mixed use commercial and self-storage.
[Added 4-14-2008 by Ord. No. 2093]
20. 
Self Storage, Climate Controlled in Shopping Centers.
[Added 10-14-2021 by Ord. No. 2365]
[Adopted 1-8-1992 by Ord. No. 1564]
The C-2 Commercial Zone specified herewith shall be occupied only as indicated in this chapter which is as follows:
a. 
Principal Buildings.
1. 
Minimum lot size: two acres.
2. 
Minimum lot width: 250 feet.
3. 
Minimum lot depth: 250 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.): 100 feet (1).
5. 
Minimum side yard setback: 25 feet (one side) (1); 50 feet (both sides) (1).
6. 
Minimum rear yard setback: 50 feet (1).
7. 
Minimum gross floor area: 5,000 square feet.
8. 
Maximum lot coverage: 27% of buildable lot area.
9. 
Maximum floor area ration: 30% of total lot area.
10. 
Maximum building height: four stories above grade or 45 feet, whichever is less (1).
Notes: (1) All required setbacks shall be increased a total of 5 feet for each foot the building height exceeds 35 feet.
b. 
Accessory Buildings.
1. 
Accessory buildings shall conform to the same height and setback requirements as the principal building. Accessory buildings are not permitted in the required front yard.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the C-3 General Commercial Zone is to provide areas for retail sales and services for uses frequented by residents and requiring central locations with good transportation access and to ensure the compatibility of the development with adjacent residential areas.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Buildings and Uses.
Advertising agency
Advertising specialty office
Antique store
Apparel
Appliance store
Art gallery
Artist's supply
Audio visual equipment
Auto supplies, parts, and accessories (not including used or junk parts)
Bakery store
Bank
Barber shop
Beauty and cosmetic shop
Blueprinting and photostating
Bicycle store
Books, periodicals and newspaper sales
Broadcasting studio
Business equipment sales
Business office
Butcher store or meat market (no slaughtering permitted)
Cafeteria
Camera and/or photographic supply store
Candy store
Caterer
Ceramic store
China store
Cigars and tobacco sales
Cleaners pick-up or laundry pick-up
Clothing and pressing establishment
Club
Coin dealer
Convenience store
[Added 1-10-2019 by Ord. No. 2313]
Cosmetic store
Costume rental
Credit union office
Curtain store
Dairy products, retail
Delicatessen
Department store
Diner
Distribution center
Drugstore
Employment agency
Electrical supplies
Exterminator
Fabric store
Finance company
Fire protection equipment sales, non-automotive
Floor covering
Florist
Food products
Fruit and vegetable market
Funeral services
Fur store
Furniture sales
General office buildings
Gift store
Glassware
Greeting card store
Grocery store
Gymnastics and martial arts studios
Hardware
Health clubs
Hobby store
Home furnishings
Home improvement office
Hospital, animal
Household appliance
Ice cream store
Interior decorator
Jewelry store
Kitchen equipment
Landscaping, nurseries, and garden supply sales.
[Added 12-20-1995 by Ord. No. 1720, amended 8-21-1996 by Ord. No. 1746]
Laundry and dry clearing
Lawn maintenance services office
Leather goods and luggage
Liquor store
Locksmith
Luncheonette
Mail order house
Major appliance sales
Medical and dental clinics and offices
Metalware
Motorcycle sales and rental
Museum
Music and dance studios
Musical instrument store
Notary
Nursing home
Office equipment and supplies
Optical goods
Paint, glass and wallpaper store
Personal trainers
[Added 4-17-1996 by Ord. No. 1726]
Pet shop (including pet grooming)
Pharmacy
Phonographic sales and service
Photographic studio
Printers office and establishment
Private school
Physical culture and health establishments
Professional office
Public utilities office
Real estate and insurance
Record store
Reducing salon
Restaurant
[Added 3-10-2016 by Ord. No. 2262]
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262]
Sandwich store
Seafood store
Shoe and hat repair
Shopping center
Social service organization
Specialty food store
Sporting goods store
Stamp and coin store
Stamp redemption center
Stationery store
Surgical and medical supplies sales
Tailor
Telephone answering service
Television, radio, electronics, sales and service
Toy store
Travel agency
Travel ticket office
Telephone and telegraph office
Uniform rental and sales
Variety store
Veterinary hospital
Video store
[Added 3-19-1997 by Ord. No. 1770]
Window cleaning service [Amended 3-10-2016 by Ord. No. 2262 to delete Eating establishments, non drive-in, non fast food, Restaurant, non drive-in, non fast food]
b. 
Accessory Buildings and Uses Including:
1. 
Private garage space not to exceed three spaces for the storage of vehicles operated exclusively as part of a permitted business which is located on the subject site.
2. 
Signs subject to the regulations of this chapter.
3. 
Fences and hedges subject to the regulations of this chapter.
4. 
Buildings for tools and equipment used for maintenance of the grounds.
5. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and uses.
c. 
The following conditional uses are permitted subject to approval of the Planning Board and special conditions of this chapter:
1. 
Public utility installations.
2. 
Car washes.
3. 
Automotive gasoline station.
4. 
Automotive service station.
5. 
Automotive sales and service.
6. 
Automotive accessory sales and installation.
7. 
Government public buildings.
8. 
House of worship.
[Amended 6-16-2008 by Ord. No. 2103]
9. 
Eating establishments (drive-in or fast-food).
10. 
Quasi-public uses, including clubs, lodges, and similar uses.
11. 
Billboard sign.
12. 
Child day-care centers.
13. 
Satellite antenna dishes greater than two meters in diameter.
[Amended 12-20-1995 by Ord. No. 1720, 8-21-1996 by Ord. No. 1746]
14. 
Automotive rentals and leasing.
[Added 9-18-1996 by Ord. No. 1748]
15. 
Automotive gasoline station/C-Store.
[Added 9-3-1997 by Ord. No. 1779]
16. 
Wireless telecommunications tower and antenna.
[Added 6-17-1998 by Ord. No. 1799]
[Adopted 1-8-1992 by Ord. No. 1564]
The C-3 Commercial Zone specified herewith shall be occupied only as indicated in this chapter which is as follows:
a. 
Principal Buildings.
1. 
Minimum lot size: 20,000 square feet.
2. 
Minimum lot width: 100 feet.
3. 
Minimum lot depth: 100 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.): 50 feet.
5. 
Minimum side yard setback: 12 feet.
Where it is adjacent to a residential zone, it shall be 25 feet.
6. 
Minimum rear yard setback: 20 feet.
Where it is adjacent to a residential zone, it shall be 25 feet.
7. 
Minimum gross floor area: 1,200 square feet.
8. 
Maximum lot coverage: 27% of buildable lot area.
9. 
Maximum floor area ratio: 30% of total lot area.
10. 
Maximum building height: 2 1/2 stories above grade or 45 feet.
[Amended 9-25-2002 by Ord. No. 1939]
b. 
Accessory Buildings. Accessory buildings shall conform to the same height and setback requirements as the principal building. Accessory buildings are not permitted in the required front yard.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Off-street parking and loading is required subject to regulations and conditions as specified in this chapter.
b. 
Landscaping is required subject to the regulations and conditions as specified in this chapter.
[Adopted 1-8-1992 by Ord. No. 1564, amended in entirety 6-29-2000 by Ord. No. 1861, amended in entirety 10-4-2000 by Ord. No. 1866]
The purpose of the C-4 District is to allow the development of regional shopping facilities which offer multiple retail commercial, office and service operations in an area with convenient major highway access. It is intended that the hub of this area be developed in accordance with an overall plan coordinating the architectural features, landscaping, drainage, shared parking, types of uses, controlled access points and similar standards and aesthetic features so that the final product will be a self-contained shopping center whether constructed all at one time or in stages over a period of time. Smaller properties surrounding the hub should be developed with complementary and compatible uses, and integrated with the major shopping center design where possible.
[Adopted 1-8-1992 by Ord. No. 1564, amended 12-20-1995 by Ord. No. 1720, 4-17-1996 by Ord. No. 1726, 8-21-1996 by Ord. No. 1746, 2-19-1997 by Ord. No. 1764, 9-3-1997 by Ord. No. 1779, 6-17-1998 by Ord. No. 1799, 7-29-1998 by Ord. No. 1809, amended in entirety 6-29-2000 by Ord. No. 1861, amended in entirely 10-4-2000 by Ord. No. 1866, amended 4-25-2001 by Ord. No. 1888, 12-26-2001 by Ord. No. 1907, 2-27-2002 by Ord. No. 1915, 5-7-2015 by Ord. No. 2243, 3-10-2016 by Ord. No. 2262 to delete Restaurant, non drive-in, non fast food]
a. 
Principal Permitted Uses.
1. 
A regional shopping center which shall be deemed to be an integrated development of retail stores and shops. Among the uses and activities permitted as a matter of right within a regional shopping center shall be the following:
Amusement center - game room
Architectural and drafting supply sales and instruction
Art gallery or museum
Art school
Art supply store
Audio-visual equipment and supply
Auditoriums
Auto supplies, parts and accessories
Bakery
Banks and other financial institutions
Barber shop
Beauty shop
Blueprinting and photostating
Bookstore
Business school
Butcher shop or meat market (no slaughtering permitted)
Cafeterias
Candy and confectionery stores
Carpet, rug and floor covering store
Ceramic equipment and supply sales
Cleaner or laundry pickup
Clothing or clothing accessory store
Clothing or costume rental
Child-care center
Convenience store
[Added 1-10-2019 by Ord. No. 2313]
Cosmetic shop
Curtain and drapery shop
Dance school
Delicatessen
Department store
Drugstore or pharmacy
Dry goods or fabric sales
Electronic and computer equipment sales and service (including minor assembly of electronics and computer parts for retail sale to end users only)
[Added 7-29-1998 by Ord. No. 1809]
Florist shop
Food store
Furniture or home furnishings
Gift, souvenir or card shop
Greeting card shop
Grocery
Gun shop
[Added 12-26-2001 by Ord. No. 1907]
Haberdasher
Hairdresser
Hobby shop or sporting goods stores
Household appliance sales and repair
Indoor theater
Ice cream store
Interior decorating establishment
Jewelry shop
Junior department store
Leather goods or luggage store
Library
Liquor store.
[Added 2-27-2002 by Ord. No. 1915]
Locksmith
Luncheonette
Medical and dental laboratory equipment and supplies
Medical offices
Men's clothing and accessories
Music school
Music store
Newsstand
Offices, business and professional
Offices, general
Office equipment and supplies
Office fixtures and furnishings sales
Office services
Optometrist
Package liquor store
Paint store
Parking structure
Pet shop
Photographic equipment sales
Photographic studio
Physical culture or health establishment
Post office
Printing, custom
Public offices and facilities
Record shop
Restaurant (non drive-in, non fast-food)
[Added 5-7-2015 by Ord. No. 2243]
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262]
Retail distribution center
[Added 12-3-2020 by Ord. No. 2347]
Safe depository
Sewing machine store
Shoe store
Shoe or hat repair shop
Shoe shine parlor
Skating rink
Snack bar
Sporting goods
Stamp or coin store
Stamp redemption center
Stationery store
Supermarket
Tailor dressmaking shop
Telephone, radio and phonograph sales and service
Theaters in enclosed buildings
Tobacco shop
Toy store
Travel agency
Umbrella shop
Variety shop
Video store
Wallpaper store
Women's clothing and accessories
Any use not specifically listed above but which is substantially similar in purpose, function, character and effect to any one of the issues listed, shall be permitted in a regional shopping center upon approval by the Planning Board.
b. 
Accessory Permitted Structures and Uses.
1. 
Signs subject to the requirements of this chapter.
2. 
Fences and hedges subject to the requirements of this chapter.
3. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and uses.
c. 
The following conditional uses are permitted upon approval of the Planning Board in accordance with the special conditions of this chapter.
1. 
The following conditional uses are permitted as a part of a regional shopping center:
(a) 
Building materials and supplies, home improvement establishment or hardware store; garden and nursery supplies and equipment.
(b) 
Indoor theater.
(c) 
Tires, batteries and accessories (TBA) stores.
(d) 
Limited truck rental.
(e) 
Automotive gasoline stations.
[Added 4-25-2001 by Ord. No. 1888]
(f) 
Eating establishments (drive-in or fast-food)
[Added 5-7-2015 by Ord. No. 2243]
2. 
Billboard signs.
3. 
Retail developments not classified as regional shopping center, which include one or more of the following uses:
Advertising agency
Advertising specialty office
Apparel
Art gallery
Artist's supply
Audio visual equipment (not including rental of video tapes)
Barber shop
Beauty and cosmetic shop
Periodicals and newspaper sales
Business equipment sales
Business office
Camera and/or photographic supply store
Candy store
Ceramic store
China store
Cigars and tobacco sales
Coin dealer
Cosmetic store
Costume rental
Curtain store
Employment agency
Fabric store
Fur store
Furniture store
[Added 2-19-1997 by Ord. No. 1764]
General office buildings (excluding medical and dental)
Gift store
Glassware
Greeting card store
Hobby store
Ice cream store
Insurance company
Interior decorator
Jewelry store
Leather goods and luggage
Locksmith
Luncheonette
Mail order house
Metalware
Museum
Musical instrument store
Notary
Office equipment and supplies
Optical goods
Personal trainers
[Added 4-17-1996 by Ord. No. 1726]
Pharmacy
Phonographic sales and service
Photographic studio
Printers office and establishments
Physical culture and health establishments
Professional office (not including medical or dental)
Public utilities office
Real estate and insurance
Record store
Reducing salon
Restaurant
[Added 3-10-2016 by Ord. No. 2262]
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262]
Seafood store
Shoe and hat repair
Specialty food store
Sporting goods store
Stamp and coin store
Stamp redemption centers
Stationery store
Surgical and medical supplies sales
Tailor
Telephone answering service
Toy store
Travel agency
Travel ticket office
Uniform rental and sales
4. 
Child day-care centers.
5. 
Satellite antenna dishes greater than two meters in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
6. 
Wireless telecommunications tower and antenna
[Added 6-17-1998 by Ord. No. 1799]
[Adopted 1-8-1992 by Ord. No. 1564, amended in entirety 6-29-2000 by Ord. No. 1861, amended in entirety 10-4-2000 by Ord. No. 1866]
a. 
Minimum lot size: 40 acres.
b. 
Minimum lot frontage: 1,000 feet.
c. 
Minimum lot depth: 1,500 feet.
d. 
Minimum gross floor area: 250,000 square feet.
e. 
Maximum building height: eight stories above grade or 65 feet, whichever is less.
f. 
Setback Provisions. All buildings or structures shall be set back a distance equal to at least:
1. 
Twice the height of the subject structure but not less than 100 feet from a residential zone boundary.
2. 
One and one-half the height of the structure but not less than 50 feet from any public street or right-of-way.
3. 
The height of the subject structure but not less than 50 feet from all other property lines abutting the regional shopping center.
g. 
All areas within 30 feet of a property line of the perimeter of the regional shopping center shall be open and unoccupied except for landscaping, identification signs, interior roads and roads required for access to the project.
h. 
Parking and Loading.
1. 
Parking spaces and aisles. A parking space as used herein shall be a space at least nine feet wide times 18 feet long exclusive of aisles and entrances. Aisles shall be no less than 24 feet wide. Parking spaces and aisles, depending on their layout, shall be in accordance with the parking standard of this subsection. All parking spaces shall be marked out by appropriate "hairpin" striping.
(a) 
Number of spaces. All retail uses permitted in this zone, with the exception of those listed in Subsection h1(b) below, shall provide five parking spaces for every 1,000 square feet of gross floor area.
(b) 
The following uses shall provide two parking spaces for every 1,000 square feet of gross floor area.
Furniture and home furnishings stores;
Garden and nursery supplies and equipment as a part of a building materials and supplies,
Home improvement establishment or hardware store.
(c) 
All office uses shall provide five parking spaces for each 1,000 square feet of gross floor area.
(d) 
Theaters shall provide one parking space for each three seats.
(e) 
Retail distribution center: 1 parking space per 1000 square feet of total floor area.
[Added 12-3-2020 by Ord. No. 2347]
2. 
Loading.
(a) 
Unless underground unloading facilities are provided, a regional shopping center shall provide loading facilities as described herein.
(b) 
The minimum size of a loading space shall be at least 12 feet in width, 45 feet in length and have a minimum vertical clearance of 14 feet.
(c) 
Off-street loading facilities shall be provided and maintained in such a manner so as to avoid interference with public use of service roads and parking areas. Above grade loading facilities shall be screened from public view to the extent necessary to eliminate unsightliness.
(d) 
The number of required loading spaces shall be as follows:
Gross Leasable Area
Space Required
0-15,000 square feet
0
15,001-60,000 square feet
1
60,001-150,000 square feet
2
150,001-300,000 square feet
3
Over 300,000 square feet
1 additional space per each additional 200,000 square feet or fraction thereof
3. 
Parking area. Parking areas shall be divided into lots separated by appropriate landscaping. Driveways and internal roads shall be separated from parking areas and aisles by curbed landscaped islands, which will be an average of 10 feet wide and a minimum of eight feet wide at any point, to facilitate traffic movements. Minimum 10 feet wide landscaped islands shall be provided at the end of each row of parking and every 20 spaces within the interior of parking rows, except that islands at the end of each row of parking may be reduced to eight feet wide provided the average island width at the end of parking rows is 10 feet. Planting "diamonds" 4.5 feet square, shall be installed in parking rows between landscaped islands, a minimum of every seven spaces. Where possible, eight-foot wide landscaped area shall periodically be provided between facing rows of parking.
Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, and ease of access and shall be developed as an integral part of an overall site design in accordance with recognized principles of planning and design. In this regard, the intersection of parking aisles with any access or ring road shall be at right angles to the greatest extent possible.
4. 
Shopping cart holding areas shall be interspersed throughout parking area which serve single retail uses with a gross floor area over 100,000 square feet. Such shopping cart holding areas shall be located adjacent to barrier free parking spaces where possible.
i. 
Signs and Advertising.
1. 
General. No exterior signs shall be permitted except those described herein. Signs or any part thereof shall not be permitted to move, rotate, or revolve. Flashing or intermittent variation in the illumination of a sign or its lettering shall not be permitted. Posters, pinwheels and other attention attracting forms of advertising shall not be permitted outside of any structure. No sign shall interfere with the safe functioning of any traffic control signal or directional device.
2. 
Identification signs (free standing).
(a) 
A maximum of one free-standing or pylon sign shall be permitted for each separate frontage of the regional shopping center on a public street. Said sign shall be for the purpose of identifying or advertising the regional shopping center. Each such sign shall not exceed an area of 500 square feet per side.
(b) 
The height of free-standing or pylon signs shall not exceed 40 feet above the grade of the center line of the nearest public street or roadway and shall be set back at least 25 feet from the property line.
(c) 
No signs shall be located within 200 feet of the boundary of a residential zone, except this limitation shall not apply where a public highway intervenes between a residential zone and the regional shopping center.
(d) 
On-site directory signs, not to exceed a height of three feet or an area of 15 square feet.
3. 
Exterior facade signs. Except as provided for in Subsection i2 above, all exterior signs identifying or advertising the names or uses of the tenants or occupants of the regional shopping center shall be affixed to the buildings and shall occupy no more than 10% of the aggregate of the total exterior wall areas of such buildings. Directional signs and informational signs such as those identifying entrances, exits, location of rest rooms and other places of public convenience affixed to the buildings shall not be included within the foregoing 10% limitation. No sign affixed to a building shall project beyond the sides or the front of the building more than eight inches, nor shall any such sign project above the top of any parapet or wall.
4. 
Store signs (canopy). Where walkways are roofed over by a permanently installed rigid canopy or other structural device, one sign may be installed on the underside of such canopy for each store or occupant provided the sign is hung perpendicularly to the facade of the building. The aggregate area of both sides of any such sign shall not exceed eight square feet in area and shall not be less than eight feet above any walkway. This provision shall not apply to signs within a building which are not readily visible from outside the building.
5. 
Roof signs. Roof signs shall be specifically prohibited.
j. 
Additional Requirements.
1. 
The overall plan shall provide for an effective and unified treatment of the development possibilities of the site, making appropriate provision for the preservation of amenities of the site and the surrounding areas.
2. 
All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and buildings.
3. 
Individual buildings shall be related to each other in design, mass, materials, placement and connections, to provide a visually and physically integrated development.
4. 
Treatment of the sides and rear of all buildings within the regional shopping center shall be comparable in building materials the treatment given to the street frontages of these same buildings.
5. 
The design of buildings and the parking facilities shall take advantage of the topography of the site, where appropriate, to provide separate levels of access.
6. 
All buildings shall be arranged so as to be accessible to emergency vehicles.
7. 
Facilities for the temporary storage of refuse, garbage, and recyclable materials awaiting removal shall be designed and located in such a manner as to make the facilities inconspicuous to the general public and to prevent the spread of refuse to other areas.
8. 
Air conditioning and other mechanical equipment shall be screened from public view with suitable materials to harmonize with the total development. Ground equipment shall be screened by a solid architectural fence or by a solid planting of evergreen materials. Equipment on any roof shall be screened in a fashion which is architecturally compatible with the building.
9. 
Outdoor storage of inventory, and outdoor display or storage of materials for sale shall be prohibited. Except such outdoor storage and display may be provided in a garden and nursery supplies and equipment center which is a part of a building materials and supplies, Home improvement establishment or hardware store provided such storage and display is enclosed by a decorative wall or combination of decorative wall and decorative fence, and is approved by the Planning Board as a part of a site plan.
[Amended 2-28-2001 by Ord. No. 1884]
k. 
Landscaping.
1. 
Landscape treatment for plazas, roads, walkways, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire site.
2. 
Primary landscape treatment shall consist of shrubs, ground cover, and trees, and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to growing conditions. Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.
3. 
A minimum of 25% of the total land area of the regional shopping center shall be landscaped area. Buffer areas and landscaped areas within and between parking areas shall be included.
4. 
A ten-foot wide landscaped area shall be provided along the perimeter of the parking areas of the site to screen the parking areas and generally enhance the appearance of the site. The landscaped area shall be located between any ring road or access road and the parking areas of the regional shopping center.
l. 
Circulation.
1. 
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.
2. 
Roads, pedestrian walks and open spaces shall be designed as an integral part of an overall site design and shall be properly related to existing and proposed buildings and appropriately landscaped.
3. 
Buildings, parking areas and vehicular circulation shall be arranged so that pedestrian movement is not unnecessarily exposed to vehicular traffic.
4. 
Material and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance and easily maintained.
5. 
The location and design of pedestrian walks should emphasize desirable views of new and existing development.
6. 
The maximum separation of private automobiles and service vehicles shall be provided through the use of separate service lanes, where reasonably possible."
[Added 10-4-2000 by Ord. No. 1866]
The Regional Shopping Support Facilities (RSSF) Option shall be applied in only those areas of the C-4 Zone which are specified on the Official Zoning Map of the Township of Ocean. It is the purpose of the RSSF option to provide smaller complementary retail, service and office uses on smaller properties surrounding the regional shopping center.
a. 
Permitted Principal Uses in the RSSF Option Overlay shall include:
1. 
Professional, general business, and corporate office uses, excluding medical and dental uses.
2. 
Any use permitted in the C-5 Zone.
3. 
Health clubs, tennis clubs, gymnasiums, indoor batting cages, and similar indoor recreational facilities.
4. 
Service and repair of computers, appliances, air conditioning systems, and heating systems.
b. 
Permitted Accessory Structures and Uses in the RSSF Option Overlay shall include:
1. 
Signs as permitted in the C-2 Zone.
2. 
Fences and hedges subject to the regulations of § 21-48 of this chapter.
3. 
Other customary accessory uses and structures which are clearly incidental to the principal building and/or uses.
c. 
The following conditional uses are permitted in the RSSF Option overlay subject to approval of the Planning Board and the special conditions of this chapter:
1. 
Warehouses.
2. 
Public utility installations.
3. 
Government public buildings.
4. 
House of worship. (Amended 6-16-2008 by Ord. No. 2103).
5. 
Automotive sales and service.
d. 
Bulk Standards shall be as follows:
1. 
Minimum lot size: one acre.
2. 
Minimum lot width: 200 feet.
3. 
Minimum lot depth: 175 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.): 50 feet.
5. 
Minimum rear yard setback: 50 feet.
6. 
Minimum side yard setback: 25 feet.
7. 
Maximum lot coverage: 27% of buildable lot area.
8. 
Maximum floor area ratio: 30% of total lot area.
9. 
Minimum gross floor area: 5,000 square feet.
10. 
Maximum building height: 30 feet.
e. 
Other Provisions and Requirements.
1. 
Off-street parking and loading is required subject to regulations and conditions as specified in §§ 21-45 and 21-46 of this chapter.
2. 
Landscaping is required subject to the regulations of § 21-47 of this chapter.
[Added 9-21-1994 by Ord. No. 1680]
The purpose of the C-5 Limited Commercial Zone is to provide areas for retail sales and services compatible with and complimentary to those uses located within the C-4 Regional Commercial Zone, and to provide a desirable visual environment on streets leading to the principal regional shopping center located within the C-4 Regional Commercial Zone.
[Added 9-21-1994 by Ord. No. 1680]
A building may be erected, altered, or used, and a lot o premises may be occupied and used for any of the following purposes:
a. 
Principal Buildings and Uses.
Advertising agency
Advertising specialty office
Antique store
Apparel
Appliance store
Art gallery
Artist's supply
Audio visual equipment
Bakery store
Bank
Barber shop
Beauty and cosmetic shop
Bicycle store
Books, periodicals and newspaper sales
Business equipment sales
Business office
Butcher store or meat market (no slaughtering permitted)
Cafeteria
Camera and/or photographic supply store
Candy store
Ceramic store
China store
Cigars and tobacco sales
Cleaners pick-up or laundry pick-up (no processing on premises)
Child-care center
Coin dealer
Cosmetic store
Costume rental
Credit union office
Curtain store
Dairy products, retail
Delicatessen
Drugstore
Employment agency
Electrical supplies
Fabric store
Finance company
Floor covering
Florist
Food products
Fruit and vegetable market
Fur store
Furniture sales
General office buildings
Gift store
Glassware
Greeting card store
Grocery store
Hardware
Hobby store
Home furnishings
Home improvement office
Household appliance
Ice cream store
Interior decorator
Jewelry store
Leather goods and luggage
Liquor store
Locksmith
Luncheonette
Major appliance sales
Medical and dental clinics and offices
Motorcycle sales and rental
Museum
Musical instrument store
Office equipment and supplies
Optical goods
Paint, glass and wallpaper store
Pet shop (including pet grooming)
Pharmacy
Phonographic sales and service
Photographic studio
Printers office and establishment
Private school
Physical culture and health establishments
Professional office
Public utilities office
Real estate and insurance
Record store
Reducing salon
Restaurant
[Added 3-10-2016 by Ord. No. 2262]
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262]
Seafood store
Shoe and hat repair
Shopping center
Social service organization
Specialty food store
Sporting goods store
Stamp and coin store
Stationery store
Surgical and medical supplies sales
Tailor
Telephone answering service
Television, radio, electronics, sales and service
Toy store
Travel agency
Travel ticket office
Telephone and telegraph office
Uniform rental and sales
Variety store
[Amended 3-10-2016 by Ord. No. 2262, to delete Eating establishments, non drive-in, non fast food and Restaurant, non drive-in, non fast food]
b. 
Accessory Structures and Uses Including:
1. 
Signs as permitted in the C-2 Zone.
2. 
Fences and hedges subject to the regulations of this chapter.
3. 
Other customary accessory uses and structures which are clearly incidental to the principal building and/or uses.
c. 
The following conditional uses are permitted subject to approval to the Planning Board and the special conditions of this chapter.
1. 
Public utility installations.
2. 
Government public buildings.
3. 
House of worship.
[Amended 6-16-2008 by Ord. No. 2103]
4. 
Satellite antenna dishes greater than two meters in diameter.
[Amended 12-4-1996 by Ord. No. 1754]
5. 
Accessory warehouses.
[Added 7-2-1997 by Ord. No. 1775]
6. 
Wireless telecommunications tower and antenna.
[Added 6-17-1998 by Ord. No. 1799]
7. 
Warehouses.
[Added 1-26-2023 by Ord. No. 2407]
[Added 9-21-1994 by Ord. No. 1680, amended 7-2-1997 by Ord. No. 1775]
The C-5 Limited Commercial Zone specified herewith shall be occupied only as indicated in this chapter which is as follows:
a. 
Principal Buildings.
1. 
Minimum lot size: three acres.
2. 
Minimum lot width: 350 feet.
3. 
Minimum lot depth: 300 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W. or from curbline of Seaview Square Drive): 100 feet plus one foot for each additional one foot of building height above 30 feet.
5. 
Minimum side yard setback:
one side: 70 feet
combined two sides: 35% of lot width.
6. 
Minimum rear yard setback: 75 feet.
7. 
Minimum gross floor area: 5,000 square feet.
8. 
Maximum floor area ratio: 35% of total lot area.
9. 
Maximum building height: 45 feet.
10. 
Maximum stories above grade: four.
b. 
Accessory Structures. Unless otherwise specified in this chapter, accessory structures shall conform to the same height and setback requirements as the principal building.
[Added 9-21-1994 by Ord. No. 1680, amended 7-2-1997 by Ord. No. 1775]
a. 
Off-street parking and loading is required subject to regulations and conditions as specified in this chapter and as modified in Subsection b below, except all parking areas shall be set back a minimum of 40 feet from the curb of Seaview Square Drive.
b. 
Landscaping is required subject to the regulations and conditions as specified in this chapter except as follows:
1. 
No more than 15 feet parking spaces in a row shall be permitted without the provision of a minimum 10 feet wide landscaped island. There shall be provided within such landscaped islands within the perimeter of parking areas a total of one flowering tree for every 10 parking spaces. All trees shall be a minimum of 2 1/2 inch caliper, measured at a height of one foot above the root crown, at planting.
2. 
Street trees, in the form of flowering trees or shade trees, shall be provided along all street frontage, including Seaview Square Drive. Such trees shall be spaced a maximum of 40 feet apart. All trees shall be a minimum of 2 1/2 inches caliper, measured at a height of one foot above the root crown, at planting.
3. 
The perimeter of the site shall be planted with flowering trees or shade trees, spaced and sized as required for street trees in Subsection b2 above. In addition, a continuous planting of shrubs, which will have a minimum mature height of 2 1/2 feet, shall be provided on the perimeter of the site adjacent to all parking and access drives. The purpose of the shrubs is to soften the visual impact of these areas, providing a desirable visual environment while not screening the view of the commercial use of the site.
4. 
Service areas shall be screened from view from adjacent properties and streets by a planting screen consisting of a minimum two rows of evergreen trees, spaced 10 feet apart and 10 feet on centers, and any additional plantings necessary to adequately screen the loading area. Where such a planting screen is provided along the property line, there shall be no requirement for shade or flowering trees.
5. 
All landscaped islands shall be planted with a suitable ground cover or low growing shrubs to the extent that, at maturity of the plantings, the islands will be totally vegetated.
[Added 5-25-2005 by Ord. No. 2013; amended 3-8-2018 by Ord. No. 2303]
The C-7 Community Mixed-Use District provides for a mixed-use development with commercial uses located on the western portion of the site and residential uses on the eastern portion. It is the intent of the zone to provide viable commercial development that is complemented by viable residential development while mitigating traffic impacts at the intersection of Route 35 and Deal Road and providing an attractive streetscape along the site frontages on each roadway.
a. 
General Requirements.
1. 
Minimum tract size: 28 acres.
2. 
A mixture of residential, office, and retail uses shall be provided as described below.
3. 
Circulation improvements shall be provided in accordance with the following provisions:
(a) 
A far side jughandle shall be constructed at the northeast corner of the intersection of Deal Road and Route 35 to accommodate northbound traffic on Route 35, which intends to travel west on Deal Road. The purpose of this improvement is to eliminate the need for left-hand turns onto Deal Road from the existing jughandle on the south side of Deal Road.
(b) 
The construction of a bypass lane from Deal Road westbound to Route 35 northbound shall be investigated, which would allow traffic traveling west on Deal Road to access Route 35 northbound without traveling through the signalized intersection. The feasibility of such a bypass lane shall be subject to a joint inquiry by the applicant and the Township to NJDOT to allow such a bypass lane. In the event that NJDOT determines that the bypass lane is feasible, a joint application shall be submitted to NJDOT by the applicant and the Township. In the event that NJDOT determines that such a bypass lane is not feasible, or denies the joint application, the applicant shall provide three westbound lanes on Deal Road at the intersection of Route 35 - one dedicated left turn lane, one dedicated through lane, and one through/right-turn lane extending from the jughandle.
(c) 
The provisions of Subsection 21-45.13 regarding the number and location of curb cuts shall not apply. Access shall be provided to the site from both Route 35 and Deal Road. Up to two curb cuts may be provided from Route 35. The southernmost one shall be a full ingress/egress, and the northern one, if provided, shall be egress only. Access to and from Deal Road shall be provided at a point opposite the intersection of Logan Road with Deal Road in order to utilize the existing traffic signal at that intersection. One additional right-in ingress only may be provided along the Deal Road frontage.
(d) 
Vehicular access shall be provided from the site to the adjacent Ocean Township Library site in order to allow vehicles utilizing the Library, Township Historical Society, and Community Services building access to and from Deal Road via a signalized intersection.
(e) 
The residential development shall be accessed from an internal roadway also serving the commercial portion of the property.
(f) 
Front yard building and landscaping setback requirements and lot area shall be measured from property lines that exist prior to any dedications required by NJDOT for the proposed jughandle, except that the building setback from the future property line of the jug handle shall be no less than 30 feet. Where the Master Plan contemplates additional right-of-way widening, the required front yard setback and lot area shall be calculated utilizing the proposed future right-of-way line as shown in the Master Plan.
4. 
Landscaped buffers shall be provided along all property lines and shall consist of berms and plantings that will form a solid screen of parking and internal roadways from adjacent streets. Buffers shall be provided as follows:
(a) 
Deal Road: 75 feet for a distance of 750 feet from the eastern property line of the site.
(b) 
Balance of Deal Road and N.J. Route 35: 35 feet.
(c) 
Northern Property Line: 150 feet to commercial; 200 feet to residential.
(d) 
Eastern Property Line: A minimum buffer of 100 feet between any building on the subject site and any building on Township property, and 75 feet between any building on the subject site and any structure on Township property shall be provided, with the applicant providing significant plantings on both sites.
(e) 
A minimum buffer of 50 feet shall be provided between the residential and commercial sections of the development.
5. 
Plazas/Open Space.
(a) 
A minimum of 25% of the entire tract shall be open space. Cafes and restaurants shall be encouraged to provide outdoor seating areas.
(b) 
Plazas and functional landscape areas, such as seating areas and pathways, within the parking areas may be included as part of the minimum open space requirement.
(c) 
Recreation areas approved by the Municipal Agency shall be permitted accessory uses.
6. 
Residential Development Fees. Residential development pursuant to the density and overall unit count defined within the C-7 standards shall be subject to the imposition of a 1.5% residential development fee pursuant to § 21-9A.4a of the Township Land Development Ordinances.
[Amended 5-10-2018 by Ord. No. 2307]
b. 
Permitted Principal Uses.
1. 
Commercial Retail Sales and Services.
(a) 
Personal services including the following and similar uses not to exceed 7,500 square feet.
Dry cleaner
Beauty parlor
Barber
Day spa
(b) 
Bank (including drive-through bank).
(c) 
Restaurant and food sales.
Bakery
Coffee shops
Cafe
Ice cream shop
Specialty food store
Delicatessen, take-out, prepared foods store
Restaurant (including fast food restaurant)
Grocery store not to exceed 20,000 square feet in total floor area
(d) 
Retail, not to exceed 15,000 square feet per single establishment, including the following:
Antique store
Apparel
Art gallery
Artist's supply
Audio visual equipment
Beauty and cosmetic shop
Books, periodicals and newspaper sales
Camera and/or photographic supply store
Ceramic store
China store
Coin dealer
Cosmetic store
Curtain store
Drugstore
Electrical supplies
Fabric store
Floor covering
Florist
Fur store
Furniture sales
Gift store
Glassware
Greeting card store
Gymnastics and martial arts studios
Hobby store
Home furnishings
Interior decorator
Jewelry store
Leather goods and luggage
Music and dance studios
Musical instrument store
Notary
Office equipment and supplies
Optical goods
Paint, glass and wallpaper store
Pet grooming
Pet shop
Phonographic sales and service
Photographic studio
Private school
Record store
Reducing salon
Shoe and hat repair
Sporting goods store
Stamp and coin store
Stamp redemption centers
Stationery/card store
Surgical and medical supplies sales
Tailor
Television, radio, electronics, sales and service
Toy store
Telephone and telegraph office
Uniform rental and sales
(e) 
Automotive gasoline station/C-store.
(f) 
Health and fitness center not exceeding 35,000 square feet.
(g) 
General and professional offices limited to an aggregate total of 10,000 total square feet.
(h) 
Hotel/motel.
(1) 
Hotels/motels shall be limited to 125 guest rooms and may include a general kitchen, dining room, and conference or meeting facilities within the same building. Hotels/motels may be of the "extended stay" type providing accommodations for business and vacation travelers. Such accommodations may include cooking facilities. Hotels/motels shall be maintained and occupied pursuant to the relevant portions of the New Jersey Administrative Code regulating such facilities.
(2) 
Customary hotel/motel services must be provided, such as but not limited to: maid service; laundering of linen; telephone; secretarial or desk service; and the use and upkeep of furniture. The hotel/motel may also include accessory amenities including, but not limited to: a business center; guest laundry; pool; guest patio; guest lounge; cafe; dining room; commercial kitchen; sports court; and/or exercise room.
2. 
Residential Uses.
(a) 
Townhouse residential development with no more than 70 residential units.
(b) 
Single-family residential units.
c. 
Permitted Accessory Uses and Structures: All structures and uses that are incidental to that of a principal use on the same lot including, but not limited to: parking; menu boards; recreational facilities; identification signage; directions signage; gate houses; storage facilities; a canopy for fueling stations; and utility structures.
d. 
Development Standards.
1. 
General Development Standards.
(a) 
Maximum building footprint - commercial uses: 8% of entire tract.
(b) 
Maximum building coverage - townhouses: 15% of entire tract.
(c) 
Minimum lot frontage along Deal Road for the commercial portion of the tract: 300 feet.
(d) 
Minimum lot frontage along Route 35 for the commercial portion of the tract: 500 feet.
(e) 
Minimum lot area dedicated to commercial uses: 14 acres; minimum lot area dedicated to residential uses: 10 acres.
(f) 
Unless otherwise stipulated, parking shall be provided in accordance with § 21-35 of the Township of Ocean Land Development Ordinance. If multiple commercial uses are proposed for a single development, the applicant may utilize shared parking provided a shared parking analysis is prepared demonstrating that sufficient parking is available for all uses proposed. Standard parking stalls shall be dimensioned nine feet by 18 feet.
(g) 
Any drive-through establishment shall provide a bypass lane to allow vehicles to exit the drive-through lanes once in the queue.
2. 
Signage.
(a) 
Commercial uses (excluding automotive gasoline stations and convenience stores):
(1) 
One freestanding or pylon sign, a maximum of 150 square feet in area, shall be permitted along the Route 35 frontage of the site. Said sign shall be for the purpose of identifying or advertising the commercial portion of the development. The sign shall be located on the south side of the primary access drive.
(2) 
One monument sign shall be permitted along the Deal Road frontage of the site. Said sign shall be for the purpose of identifying or advertising the commercial portion of the development. Sign shall not exceed a height of six feet and 50 square feet in area.
(3) 
One monument sign identifying a secondary entrance to the commercial portion of the development is permitted per street frontage. Each sign shall not exceed a height of six feet and 30 square feet in area.
(4) 
The height of freestanding or pylon signs shall not exceed 25 feet above the grade at the property line at its closest point to the sign, and shall be set back at least 15 feet from the property line.
(5) 
No signs shall be located within 200 feet of a residential property line except in connection with residential developed as part of the overall parcel.
(6) 
A maximum of five on-site directory signs are permitted and shall not to exceed a height of three feet or an area of 10 square feet per side. Such signs my include the logo of the destination business.
(7) 
Exterior facade signs. Except as provided for in Subsection d2(a)(2) above, all exterior signs identifying or advertising the names or uses of the tenants or occupants of the commercial portion of the development shall be affixed to the buildings and shall occupy no more than 10% of the aggregate of the total exterior wall areas of such buildings. Directional signs and informational signs, such as those identifying entrances, exits, location of restrooms and other places of public convenience affixed to the buildings, shall not be included within the foregoing ten-percent limitation. No sign affixed to a building shall project beyond the sides or the front of the building more than eight inches, nor shall any such sign project above the top of any parapet or wall.
(8) 
Store signs (canopy). Where walkways are roofed over by a permanently installed rigid canopy or other structural device, one sign may be installed on the underside of such canopy for each store or occupant provided the sign is hung perpendicularly to the facade of the building. The aggregate area of both sides of any such sign shall not exceed eight square feet in area and shall not be less than eight feet above any walkway. This provision shall not apply to signs within a building, which are not readily visible from outside the building.
(9) 
Roof signs. Roof signs shall be specifically prohibited.
(b) 
Automotive gasoline stations and convenience stores: In addition to the aforementioned pylon signs, one freestanding pole sign shall be permitted on the Route 35 frontage, with fuel pricing. The maximum area of the sign shall not exceed 100 square feet per side, the maximum height of the sign shall not exceed 25 feet above the grade at the property line at its closest point to the sign, and the minimum setback of the sign shall be 15 feet from the nearest property line. Two facade signs shall be permitted on the front of the building, not to exceed 10% of the front wall area. Two canopy signs shall be permitted, located below the top of the canopy, on the side of the canopy facing the front or side street/interior access road.
(c) 
Residential uses: In addition to the signs listed in Subsection d2(a), one monument sign (two-sided) may be provided at the entrance to the residential development from the internal circulation roadway and one monument sign (two-sided) may be provided fronting on Deal Road. Signs shall not exceed a height of eight feet and an area of 40 square feet per side. These monument signs shall be exclusive to the residential community for purposes of identifying the community by name and location.
3. 
Commercial/retail development (excluding automotive service stations and hotels/motels).
(a) 
Maximum building height: one story/25 feet within 100 feet of Route 35; two stories/40 feet all other locations.
(b) 
A maximum of 40% of the total square footage may be second story.
(c) 
Minimum building setbacks:
(1) 
From Route 35: 50 feet for fast food restaurants and one-story retail operations up to 5,000 square feet; 100 feet for all other commercial uses.
(2) 
From Deal Road: 50 feet provided the building is set back no more than 400 feet from Route 35; 100 feet for all other buildings.
(3) 
From side and rear property lines: 240 feet from any commercial use adjacent to the northern property line and 260 feet from any residential use adjacent to the northern property line; 600 feet from the eastern property line.
[Amended 5-10-2018 by Ord. No. 2307]
(d) 
One individual use may be a maximum of 35,000 square feet; all other uses must be less than 10,000 square feet (individually).
4. 
Offices. For the purpose of this section, offices include the offices of a member of a recognized profession and/or an executive office including, but not limited to: architecture; medicine; dentistry; engineering; law; planning; accounting; insurance; and real estate.
(a) 
Offices shall not be permitted on the first floor.
(b) 
The total aggregate general office use shall be limited to 10,000 square feet.
(c) 
An additional 4,000 square feet of office space shall be permitted above a freestanding restaurant use, to be used exclusively for the administrative or corporate offices of the subject restaurant.
5. 
Hotels/motels. Such facility may be freestanding and located on a separate lot or constructed as part of a commercial development, and shall be limited to 125 guest rooms.
(a) 
Bulk requirements:
(1) 
Maximum gross floor area: 90,000 square feet.
(2) 
Maximum building height: four stories or 60 feet.
(3) 
Minimum setback from right-of-way:
(i) 
From Deal Road: 200 feet.
(ii) 
From Route 35: 200 feet.
(4) 
Minimum setback from other commercial uses (measured building to building): 50 feet.
(5) 
Minimum setback from residential uses (measured building to building): 150 feet.
6. 
Automotive gasoline station and convenience store:
(a) 
Maximum building size of convenience store: 6,000 square feet;
(b) 
Maximum number of fueling stations: eight dispensers that include gasoline and low-flow diesel sales with no more that 12 total fueling stations;
(c) 
Maximum number of stories: one;
(d) 
Maximum height for principal building: 35 feet, inclusive of towers, cupolas or other architectural elements;
(e) 
Maximum height for fuel area canopy: 25 feet;
(f) 
Minimum setback from Route 35 for:
(1) 
Fuel area canopy: 50 feet.
(2) 
Service kiosk: 75 feet.
(3) 
Pumps: 70 feet.
(g) 
Parking: Minimum of one space for each 300 square feet of convenience store building footprint, plus one space for each employee on the most heavily staffed shift. Additional parking may be provided to enhance internal circulation and eliminate stacking at drive aisles.
7. 
Townhouse Development.
(a) 
A maximum of 70 units shall be permitted.
(b) 
Minimum building setback from Deal Road: 100 feet.
(c) 
Minimum setback from NJ Route 35: 600 feet.
(d) 
Minimum building setback from pavement of internal public or private road or parking area: 20 feet.
(e) 
Minimum building setback from the perimeter property line of the overall tract: 20 feet.
(f) 
Minimum building setback from adjacent buildings on the property to the east: 100 feet.
(g) 
Minimum building setback from adjacent structures on the property to the east: 75 feet.
(h) 
Minimum gross floor area per unit:
(1) 
Two-bedroom unit: 1,250 square feet.
(2) 
Three- or more bedroom unit: 1,500 square feet.
(3) 
These areas do not include required storage space.
(i) 
Minimum width per unit: 24 feet.
(j) 
Maximum building height: 2 1/2 stories above grade or 35 feet, whichever is less. Chimneys, spires, elevator penthouses and similar projections shall not be included in calculating building height.
(k) 
Maximum number of units per structure: six.
(l) 
Minimum number of units per structure: three.
(m) 
All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth for major subdivisions of land. All curb to curb pavement widths shall not be less than 30 feet. No building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in accordance with municipal ordinances.
(n) 
There shall be no direct access of driveways from any dwelling unit onto Deal Road.
8. 
Single-Family Residential Uses: The standards of the R-4 Zone shall apply.
e. 
Special Design Criteria for C-7 Zone.
1. 
Building Configuration. Commercial delivery traffic shall be directed to a service area, buffered by the building configuration, walls or berming whenever feasible.
2. 
Design Elements: commercial tract.
(a) 
Landscaping.
(1) 
Shade trees.
(i) 
Shade trees shall be provided continuously along the curb edge of all shopping area sidewalks and pedestrian pathways at a minimum spacing of 30 feet on center and no greater than 40 feet on center, depending upon site conditions and supplemental landscaping.
(ii) 
Shade trees shall be planted in a continuous paving area with at least a four-foot clear width. The four-foot paving area shall be made of bricks or other unit pavers that are set on a stable porous bed, such as sand or gravel, in order to permit water to reach the roots.
(iii) 
Shade trees along the shopping area sidewalks must be high branching and have an open habit in order to permit views of the stores and their signs on the first floor.
(iv) 
Street trees shall be provided in accordance with Section 21-55.2a3 of this chapter.
(2) 
Lighting. Ornamental lighting fixtures shall be provided along the sidewalks, building frontages and within the parking areas.
(b) 
Building design: commercial tract.
(1) 
The material and design elements used on the front or primary facade shall be replicated on any side or rear elevation visible to the general public from rights-of-way or adjacent properties.
(2) 
For all commercial buildings with a front elevation greater than 225 feet in length, no more than 50% of the front building line shall be at the same setback line and the offset shall be at least equal to 10% of the average depth of the building.
(3) 
Entrance doors shall be located within each individual facade element, even if they result in multiple entrances to a larger establishment, with the exception of hotel uses.
(4) 
Canopies shall be provided in various locations along building frontages. Canopies shall consist of a material and color that will complement the building design. Canopies are not intended to act as signage, but may include logos.
(5) 
Building height. Varied building heights shall be provided throughout the development, with the taller buildings located at the center of the overall development.
(c) 
Parking/paving: commercial tract.
(1) 
All parking shall be located along and within the internal circulation roadway. Parking should be buffered, to the greatest extent possible, by way of building placement, berms and landscaping.
(2) 
Innovative parking solutions, including underground or under-building parking, are encouraged.
(3) 
Ten percent of parking areas, measured from the edge of pavement of the parking area, shall be landscaped consisting of islands or aisles of a minimum width of six feet. These areas, if including pedestrian pathways, shall be 10 feet in width, including a four-foot-wide pedestrian walkway. Each island shall contain at least one shade tree. Islands may be included as part of the 25% open space requirement for the development.
(4) 
The parking lot islands shall be located so as to visually and physically separate parking areas.
(5) 
A variety of materials, including stamped concrete, cobblestones, and brick, shall be utilized to designate pedestrian pathways and to add interest.
(d) 
Circulation.
(1) 
Customer and residential traffic shall be separated from delivery traffic.
(2) 
A circulation drive shall be provided with interior directional signage giving access to all areas of the development.
(3) 
The minimum width of pathways shall be five feet where no retail space is provided.
(4) 
The minimum width of sidewalks along and connecting retail establishments shall be eight feet where no outside seating areas are proposed.
(5) 
Paving materials along the building frontages shall include a variety of materials, such as broom-finished concrete for the walking area and bricks or other pavers for the tree planting areas along the curb.
(6) 
Internal pedestrian walkways shall be provided between the site improvements and the library site to the east.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the I-1 Light Industrial Zone is to provide for the development of light industrial, office, and limited retail commercial land uses which are compatible with the industrial nature of the I-1 Zone in the Township of Ocean; to provide for a compatible land use relationships within the I-1 Zone as well as between uses within the I-1 Zone and uses in adjacent zones; to restrict the emission of any environmental pollutants; and to provide for the safe and efficient flow of vehicles to and from industrial areas.
[Adopted 1-8-1992 by Ord. No. 1564; amended 4-17-1996 by Ord. No. 1726; 8-21-1996 by Ord. No. 1746; 6-17-1998 by Ord. No. 1799; 7-29-1998 by Ord. No. 1809; 9-15-1999 by Ord. No. 1833; 1-10-2001 by Ord. No. 1879; 8-25-2004 by Ord. No. 1991; 10-13-2016 by Ord. No. 2279; 8-12-2021 by Ord. No. 2362; 12-14-2023 by Ord. No. 2444]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Permitted Uses and Structures.
1. 
Manufacturing, fabrication and assembly of light machinery and products.
2. 
Television and radio studios and antennas.
3. 
Wholesale sales and distribution, excluding truck terminals or bulk distribution terminals.
4. 
Warehousing, including "self-storage" and mini-warehousing facilities.
5. 
Other light industrial uses similar to those listed above which do not require chemical processing, outside storage of materials and supplies, of cause the emission of environmental pollutants into the environment.
6. 
Professional, general business, and corporate office uses, excluding medical and dental uses.
7. 
Health clubs, tennis clubs, gymnasiums, indoor batting cages, and similar indoor recreational facilities.
8. 
Service and repair of computers, appliances, air conditioning systems, and heating systems.
9. 
Showrooms for the sale of appliances, furniture, carpets and other large household items which would normally require delivery and or installation by the seller or his agent. It is not the intent to prohibit "carry out sales", however the majority of the business should involve delivery and/or installation by the seller.
10. 
Retail sales and service uses which are related directly to any manufacturing or warehousing use of the building, provided that such uses are located in and occupy no more than 25% of the gross floor area of the principal building.
11. 
Mail order and/or telephone sales and distribution facility.
12. 
Taxi and/or package delivery service including a dispatch office.
13. 
Automotive detailing.
14. 
Cannabis businesses in accordance with Subsection 21-39.4, more specifically, Class 1 (Cultivators), Class 2 (Manufacturers), Class 3 (Wholesalers), Class 4 (Distributors), and Class 5 (Retailers) only.
b. 
Accessory Buildings and Uses including:
1. 
Private garage space for the storage of vehicles operated exclusively as part of a principal permitted use on the site.
2. 
Signs subject to the requirements of this chapter.
3. 
Fences and hedges subject to the requirements of this chapter.
4. 
Other customary accessory buildings, uses and structures which are clearly incidental to the principal building and/or structure and use.
c. 
Conditional Uses. The following conditional uses are permitted subject to approval by the Planning Board and to the special conditions set forth in this chapter.
1. 
Lumber yards, building material sales, and improvements contractors.
2. 
Car wash.
3. 
Automotive service station.
4. 
Public utility installations.
5. 
Public uses.
6. 
Quasi-public uses.
7. 
Child day-care centers.
8. 
Satellite antenna dishes greater than two meters in diameter.
9. 
Wireless telecommunications tower and antenna.
10. 
Automotive service and inventory storage.
11. 
Retail uses in combination with retail development in an adjacent C-3 Zone.
12. 
Adult parochial school and adult parochial boarding schools.
[Adopted 1-8-1992 by Ord. No. 1564]
The I-1 Light Industrial Zone specified herewith shall be occupied only as indicated in this chapter which is as follows:
a. 
Principal Buildings.
1. 
Minimum lot size: 40,000 square feet.
2. 
Minimum lot width: 150 feet.
3. 
Minimum lot depth: 200 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.): 50 feet.
5. 
Minimum rear yard setback: 60 feet.
Where an industrial zone abuts a lot in a residential zone, a rear yard setback of 100 feet shall be required.
6. 
Minimum side yard setback:
one side : 20 feet
both sides: 80 feet
Where an industrial zone abuts a lot in a residential zone, a rear yard setback of 100 feet shall be required.
7. 
Maximum lot coverage: 54% of buildable lot area.
8. 
Maximum floor area ratio: 54% of total lot area.
9. 
Minimum gross floor area: 5,000 square feet.
10. 
Maximum building height: 35 feet.
11. 
Maximum distance between buildings. More than one principal building on a lot shall provide a minimum open unoccupied area between buildings equal to the height of the adjoining building or buildings but not less than 15 feet.
b. 
Accessory Buildings. Except as otherwise provided in this chapter, accessory buildings and structures shall meet the setback and height requirements of the principal building.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Off-street parking and loading is required subject to regulations and conditions specified in this chapter.
b. 
Landscaping must be provided in accordance with the regulations and conditions of this chapter.
c. 
No property in a residential zone shall be used as a driveway or parking lot to serve an industrial use.
d. 
No materials, raw or finished, shall be stored in any required front yard. When stored in any side or rear yard or open area of the site, materials, raw or finished shall be screened from public view by a solid architectural fence and/or a solid evergreen planting, and shall be stored in an orderly and neat fashion.
[Prior § 21-39.4, Cannabis Business Zones, was deleted 2-22-2024 by Ord. No. 2455. History includes Ord. No. 2362; Ord. No. 2376; Ord. No. 2411; Ord. No. 2444; Ord. No. 2453]
[Amended 12-12-2024 by Ord. No. 2486]
The Cannabis Business Overlay Zone is hereby established in which Cannabis Cultivators, Cannabis Manufacturers, Cannabis Distributors, Cannabis Wholesalers, and Cannabis Retailers are permitted.
a. 
Zoning Districts Where Cannabis Establishments are Permitted.
1. 
Cannabis Cultivators, Cannabis Manufacturers, Cannabis Distributors, Cannabis Wholesalers and Cannabis Retailers are only permitted in the following:
(a) 
C-4 RSSF Zone on parcels that do not front Highway 35; and
(b) 
Light Industrial Zone (I-1) on parcels that are south of Deal Road and west of State Route 35.
Said uses are subject to and in accordance with all applicable provisions set forth herein, State law, and all other applicable codes and regulations, including but not limited to the Building Code.
b. 
The provisions of this section shall provide the developmental standards for the specific Cannabis businesses permitted above and shall supersede all other standards for such establishments.
c. 
Definitions. The terms and definitions as delineated in N.J.S.A. 24:6I-33 are incorporated herein.
d. 
State Licensed Cannabis Businesses Are Permitted.
1. 
Any business duly licensed by the State of New Jersey to conduct legal adult use marijuana operations, as defined by State law, may operate within the noted zones so long as: (i) the entity maintains its State license in good standing; (ii) the entity maintains its Township of Ocean Business License in good standing; and (iii) the entity otherwise remains in full compliance with the laws and regulations established by the State of New Jersey and the applicable agency, authority, and/or department governing the licensed activity, as may be amended.
2. 
No Business License to operate within the Township of Ocean shall be granted or renewed without such evidence as may be required by the Township Clerk's Office to determine that the entity maintains all valid State and/or departmental licenses and approvals, and that all such licenses and/or approvals remain in good standing at the time of registration.
e. 
Site Standards for Cannabis Businesses.
1. 
There shall be no on-site sales of alcohol or tobacco products, and no on-site consumption of food, alcohol, tobacco, or cannabis by patrons, whether in the building or on its grounds or parking lots. Cannabis Consumption Areas are not permitted.
2. 
Hours of public operation shall be limited to 8:00 a.m. through 8:00 p.m. daily, Monday through Saturday. Hours of public operation shall be limited to between 10:00 a.m. and 5:00 p.m. on Sunday.
3. 
To the extent necessary, all facilities shall provide an air treatment system with sufficient odor absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights of way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building.
4. 
To the extent necessary, all facilities shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading, and other noise generating equipment or machinery. All licensed facilities must operate within applicable State decibel limitations. Outside generators and other mechanical equipment used for any kind of power supply, cooling or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise-reduction systems to mitigate noise pollution.
5. 
To the extent not already required by the entity's State license, all sites must be equipped with security cameras covering all exterior parking and loading areas, points of entry, and interior spaces which are either open to the public or used for the storage or processing of cannabis products. Footage must be maintained for the duration required under State law.
6. 
All licensed facilities must provide the Township of Ocean Police Department with access to security footage immediately upon request by the Department.
7. 
To the extent not already required by the entity's State license, all licensed facilities must provide at least one security guard (or more if required by the State or Township) during all times the facility is open to the public. At a minimum, the security guard shall be a State Certified Security Officer whose certification is in good standing.
8. 
For any operation, the facility must mitigate lighting spillover into any residential neighborhoods and must comply with all applicable State lighting limitations.
9. 
Cannabis waste shall be stored, secured, and managed in accordance with applicable state laws.
10. 
Cannabis plants, products, and paraphernalia shall be screened from view from any exterior windows.
11. 
All Cannabis businesses shall conduct operations indoors, in heated/air-conditioned permanent buildings, not trailers, outdoors, moveable kiosks, etc. No Cannabis Cultivators shall be permitted to operate outdoors, e.g., grow canopies.
12. 
Any Cannabis Retailer shall only have one primary public access point, which shall be directly adjacent to the right-of-way or parking area of the building. Access should not be through common entrances with other uses.
13. 
Drive-through facilities are not permitted.
14. 
Cannabis Retailers' interiors shall provide a secure location for storage of products with minimum products in any customer service area.
15. 
People shall not e permitted to congregate outside of a Cannabis Retailer, loiter or wait in line to access the Cannabis Retailer. The facility shall have plan in place if interior capacity is exceeded, i.e., numbers are given and customers wait in their vehicles until called.
f. 
On-Site Signage.
1. 
No State licensed cannabis business shall display signage containing text and/or images intended to promote excessive consumption of legal marijuana products. External signage, including window signage, must be limited to text identifying the business and the logo for the business. Neon signs shall be prohibited.
2. 
Signage shall otherwise comply with the requirements of subsection 21-44.3, Signs in the Commercial Zones (C-RSSF, C-1, C-2, C-3, C-4, C-5), and Office and Industrial Zones (O-1/20, O-1/40, O-1/80, I-1), of the Township of Ocean Code to the extent permissible by applicable State laws and regulations governing signage standards for licensed cannabis businesses.
g. 
Advertising.
1. 
No State licensed cannabis business shall place or cause to be placed any off-site advertising signage.
2. 
No cannabis business shall advertise through the marketing of free promotional items including, but not limited to, food, gifts, giveaways, discounts, points-based reward systems, customer loyalty programs, coupons, and "free" or "donated" cannabis unless occurring within the cannabis business building.
h. 
Penalties.
1. 
For violation of any provision of this section, the penalty upon conviction shall be the maximum fine permitted under New Jersey State law for the violation of a municipal ordinance in accordance with N.J.S.A. 40:49-5, or imprisonment for a period not exceeding the maximum time permitted under New Jersey State law for the violation of a municipal ordinance, in accordance with N.J.S.A. 40:49-5, or both. In any case where the penalty is an amount greater than $1,250 upon an owner for violations of housing or zoning codes, the owner shall be provided a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
2. 
Separate Violation for Each Day. Each day that a violation of this section is allowed to exist shall constitute a separate violation or offense and shall be subject to the penalty as prescribed herein.
[Adopted 1-8-1992 by Ord. No. 1564, amended 1-26-2005 by Ord. No. 2003]
The purpose of the O-1/20 Office/Limited Service Zone is to provide for the development of professional or general office, medical or dental offices, and limited service uses in the Township of Ocean on lots of 20,000 square feet or larger; to provide for compatible land use relationships to restrict the emission of any environmental pollutants; and to provide for the safe and efficient flow of vehicles to and from the office research areas:
[Adopted 1-8-1992 by Ord. No. 1564, amended 1-26-2005 by Ord. No. 2003]
A building may be erected, altered or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Uses shall include:
1. 
Office buildings for executive or administrative purposes, professional or general offices, and medical or dental offices.
2. 
Laboratories similar to the following but not including manufacturing: biological, chemical, dental, pharmaceutical and general research.
3. 
Data processing and computer operations.
4. 
In addition to the above, any office-research facility not inconsistent with the above, that is similar in purpose, function, character and effort.
5. 
Indoor recreation facilities.
6. 
Career counseling services and activities.
b. 
Accessory Buildings and Uses including:
1. 
Private garage space for the storage of vehicles operated exclusively as part of a permitted use located on the same site.
2. 
Signs subject to the provisions of this chapter.
3. 
Fences and hedges subject to the provisions of this chapter.
4. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
Conditional Uses. The following conditional uses are permitted subject to approval by the Planning Board and to the special conditions set forth in this chapter.
1. 
Child day-care centers.
2. 
Satellite antenna dishes greater than two meters in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
3. 
The following limited retail and service uses are permitted:
[Added 9-17-2013 by Ord. No. 2206]
Apparel
Artist's supply
Bakery
Bank
Barber store
Beauty and cosmetic shop
Periodicals and newspaper sales
Candy store
Card store
Caterer
Cigars and tobacco sales
Cleaners (no processing)
Coin or collectibles dealer
Computer sales, supplies and service
Delicatessen
Florist
Gift shop
Health club
Ice cream store
Interior decorator
Jewelry store
Laundry and dry cleaning
Locksmith
Luncheonette (non drive-in)
Musical instrument store
Office equipment and supplies
Optical goods
Personal trainers
Pharmacy
Photography studio
Restaurant (non drive-in, non fast-food)
Shoe or hat repair store
Specialty food store
Stationery store
Tailor
Travel agency
4. 
Adult parochial schools and adult parochial boarding schools.
[Added 10-13-2016 by Ord. No. 2279]
[Adopted 1-8-1992 by Ord. No. 1564, amended 1-26-2005 by Ord. No. 2003]
The O-1/20 Office/Limited Service Zone specified herewith shall be occupied only as indicated in the Schedule in Article XVII of this chapter which is as follows:
a. 
Principal Buildings.
1. 
Minimum lot size: 20,000 square feet.
2. 
Minimum lot width: 200 feet.
3. 
Minimum lot depth: 100 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.): 35 feet.
5. 
Minimum rear yard setback: 20 feet.
6. 
Minimum side yard setback width: 12 feet one side; 50% of lot both sides combined.
7. 
Maximum lot coverage: 27% of buildable lot area.
8. 
Maximum floor area ratio: 30% of total lot area.
9. 
Minimum gross floor area: 6,000 square feet.
10. 
Maximum building height: 35 feet.
11. 
Minimum distance between buildings shall be no less than the height of the highest of the two buildings.
b. 
Accessory Buildings. Accessory buildings shall be set back one foot for each one foot of building height, but not less than 25 feet from a property line. Accessory buildings are not permitted in the required front yard.
[Adopted 1-8-1992 by Ord. No. 1564, amended 1-26-2005 by Ord. No. 2003]
a. 
Off-street parking and loading is required subject to regulations and conditions specified in this chapter.
b. 
Landscaping must be provided in subject to the regulations of this chapter.
c. 
No materials, raw or finished, shall be stored in any yard or open area.
[Added 1-26-2005 by Ord. No. 2003]
The PAC Option shall be applied in only those areas of the O-1/20 Zone which are adjacent to the R-3 Zone and specified on the Official Zoning Map of the Township of Ocean, and shall be an integral part of, and subject to the regulations applying to, a Planned Adult Community in the R-3/PAC Zone.
[Added 1-26-2005 by Ord. No. 2003]
The Senior Citizen Apartment Overlay Option shall be applied in only those areas of the O-1/20 Zone which are specified on the Official Zoning Map of the Township of Ocean. It is the purpose of this Option to provide an alternative senior citizen residential design to accommodate the uniqueness of the overlay zone area, while providing adequate safeguards and protections for surrounding properties.
a. 
A Senior Citizen Apartment (SCA) Overlay Option shall be permitted only if:
1. 
Adequate sewers are available, or are to be made available by the applicant, to serve the proposed development; and
2. 
The portion of Center Street which bisects the site is vacated and the site is developed as a single integrated development. In the event of such a vacation, any site design shall provide for emergency access to properties to the east which would have otherwise been served by Center Street.
3. 
Access shall be provided via Route 66.
b. 
In the event that the applicant elects to develop the property as a Senior Citizen Apartment Option, the following shall apply:
1. 
The development may be developed under the "Discontiguous Cluster Option", provided that the developed density on the principal tract, including any portion of the principal tract that may be dedicated for municipal purposes, recreation, or open space, shall not exceed 16 units per acre. The overall residential density shall not exceed more than 10 dwelling units per acre of total lot area, including discontinuous tracts, but in no case shall the total number of units exceed 200.
2. 
A minimum 135-foot wide buffer planting, consisting of a berm varying in height from two feet to five feet and a screen of evergreen trees and shrubs as well as a mixture of deciduous trees and shrubs, shall be planted along all property lines which abut the R-3 Single Family Residential Zone. This requirement shall not apply where the site abuts a tract of land that is also designated R-3 PAC Option Overlay Zone, and an approved plan exists for the PAC. The buffer area may include, at the option of the Municipal Agency, a solid architectural fence. Minimum planting sizes for this buffer area shall be: eight feet in height for evergreen trees; three inch caliper for deciduous shade trees, and; 30 inches in height for shrubs.
3. 
The following standards are intended for senior citizen apartment developments (Note: these standards anticipate adding smaller developments to larger previously approved developments.)
(a) 
Minimum lot size: eight acres.
(b) 
Minimum lot width: 400 feet.
(c) 
Minimum lot depth: 400 feet.
(d) 
Minimum front yard setback: 50 feet.
(e) 
Minimum rear yard setback: 50 feet (200 feet from R-3 Zoned property that does not have the PAC Option Overlay).
(f) 
Minimum side yard setback: 50 feet (200 feet from R-3 Zone property that does not have the PAC Option Overlay).
(g) 
Minimum distance between principal buildings: 85 feet between any two rear or front facades; 30 feet between any other facades.
(h) 
Minimum setback from parking area: 10 feet.
(i) 
Maximum lot coverage: 35% of the buildable lot area.
(j) 
Maximum building heigh: three stories above grade or 45 feet, whichever is less.
(k) 
Maximum building length: 300 feet.
(l) 
Maximum units per structure: 46.
(m) 
Minimum unit size:
(1) 
Efficiency: 550 square feet.
(2) 
1 Bedroom : 650 square feet.
(3) 
2 Bedroom: 750 square feet.
(n) 
Each principal building shall:
(1) 
Not allow or contain outside television antenna. All television antenna equipment shall be built into the building to eliminate individual television antennas from being erected on the roof.
(2) 
Provide, in an enclosed storage area, with a minimum vertical clearance of five feet, of not less than 400 cubic feet of storage for each unit in the building.
(3) 
Not fail to provide, in an enclosed area, laundry facilities of not less than one washer and one dryer for each 10 dwelling units for the exclusive use of the occupants of the building, unless space and connections for a washer and dryer is provided within each unit. No outside clothes lines or clothes hanging facilities or devices shall be provided or allowed.
(4) 
Provide for fully enclosed trash and recycling areas in the basement of each building or an outside trash and recyclable storage area completely surrounded by a six-foot high solid architectural fence with front solid gates. All trash and recyclables shall be stored in this area and shall not be in public view.
(o) 
Indoor and outdoor recreation facilities, of adequate size to serve the occupants, shall be provided. Recreation facilities shall include, at a minimum: a clubhouse a minimum of 1,100 square feet in area, and a swimming pool, as well as other outdoor active recreational facilities such as tennis courts. The outdoor recreation area shall occupy a minimum of 50 square feet per dwelling unit.
(p) 
Parking shall be provided at the rate of two parking spaces per dwelling. Up to 50% of the required parking spaces my be provided above ground, provided that no parking spaces shall be located between any proposed building setback line and adjacent R-3 zoned properties. The remaining parking shall be provided in a below ground parking area.
(q) 
The following requirements shall also apply:
(1) 
No unit shall have more than two bedrooms.
(2) 
Each unit shall have a kitchen or kitchenette in addition to a minimum of one private bathroom.
(3) 
Transportation amenities, including courtesy bus transportation for shopping and non-emergency medical appointments, may be provided.
(4) 
Additional amenities including recreation activities and housekeeping may be provided and shall be for the exclusive use of residents and their guests.
(5) 
A small retail convenience area not to exceed 300 square feet in area, and a beauty parlor/barber shop not to exceed 400 square feet in area may be provided for the exclusive use of residents and their guests.
4. 
In the event that the development is owner occupied, title to all reserved or common land shall be held in fee simple by a homeowners' association, except that the municipality may elect to have certain areas dedicated to the municipality.
5. 
In the event that the development is owner occupied, homeowners' association shall be required to be established by a Master Deed. Said deed shall require that the homeowners' association operate and maintain recreation facilities and maintain all common property such as open space, streets and stormwater detention facilities.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the O-1/40 Office-Research Zone is to provide for the development of general offices, professional offices, medical/dental offices, and research related uses in the Township of Ocean on lots of 40,000 square feet or larger; to provide for compatible land use relationships; to restrict the emission of any environmental pollutants; and to provide for the safe and efficient flow of vehicles to and from the office research areas. It is the intent of this zone to encourage the consolidation of smaller lots into conforming lots where practicable. It is not the intent to prohibit the development of lots of less than 40,000 square feet where consolidation is not possible.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Uses shall include office and research related facilities including:
1. 
Office buildings for executive or administrative purposes, professional or general offices, and medical or dental offices.
2. 
Laboratories, similar to the following (but not including manufacturing): biological, chemical, dental, pharmaceutical and general research.
[Amended 2-14-2001 by Ord. No. 1883]
3. 
Data processing and computer operations.
4. 
Wellness center.
5. 
In addition to the above, any office-research facility not inconsistence with the above, that is similar in purpose, function, character and effort.
[Amended 10-15-2015 by Ord. No. 2249]
b. 
Accessory Buildings and Uses including:
1. 
Private garage space for the storage of vehicles operated exclusively as part of a permitted use which is located on the same site.
2. 
Signs subject to the provisions of this chapter.
3. 
Fences and hedges subject to the provisions of this chapter.
4. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
Conditional Uses. The following conditional uses are permitted upon approval of the Planning Board in accordance with the special conditions of this chapter.
1. 
Child day-care centers.
2. 
Satellite antenna dishes greater than two meters in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
3. 
Wireless telecommunications tower and antenna.
[Added 6-17-1998 by Ord. No. 1799]
4. 
Assembly and/or fabrication of light machinery or products.
[Added 4-14-2008 by Ord. No. 2093]
[Adopted 1-8-1992 by Ord. No. 1564]
The O-1/40 Office-Research Zone specified herewith shall be occupied only as indicated in the Schedule in Article XVII of this chapter which is as follows:
a. 
Principal Buildings.
1. 
Minimum lot size: 40,000 square feet.
2. 
Minimum lot width: 200 feet.
3. 
Minimum lot depth: 100 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.): 100 feet from N.J. Route 35 35 feet from any other street.
5. 
Minimum rear yard setback: 20 feet.
Where an O-1/40 Zone abuts a lot in a single family residential zone, a minimum rear yard of 25 feet shall be required.
6. 
Minimum side yard setback: 12 feet one side; 50% of lot width both sides combined.
Where an O-1/40 Zone abuts a lot in a single family residential zone, a minimum side yard of 25 feet shall be required.
7. 
Maximum lot coverage: 27% of buildable lot area.
8. 
Maximum Floor area ratio: 30% of total lot area.
9. 
Minimum gross floor area: 3,500 square feet.
10. 
Maximum building height: 35 feet.
11. 
Minimum distance between buildings shall be no less than the height of the highest of the two buildings.
b. 
Accessory Buildings. Accessory buildings shall be set back one foot for each one foot of building height, but not less than 25 feet from a property line, except where the yard abuts a residential zone, the building shall meet all the setback requirements of a principal building. Accessory buildings are not permitted in the required front yard.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Off-street parking and loading is required subject to regulations and conditions specified in this chapter.
b. 
Landscaping must be provided in subject to the regulations of this chapter.
c. 
No materials, raw or finished, shall be stored in any yard or open area.
[Adopted 1-8-1992 by Ord. No. 1564]
The purpose of the O-1/80 Office-Research-Limited Commercial Zone is to provide for the development of general offices, professional offices, medical/dental offices, research related uses, and limited retail and service uses in the Township of Ocean on lots of 80,000 square feet or larger; to provide for compatible land use relationships; to restrict the emission of any environmental pollutants; and to provide for the safe and efficient flow of vehicles to and from the sites within the zone and adjacent areas. It is the intent of this zone to encourage the consolidation of smaller lots into conforming lots where practicable. It is not the intent to prohibit the development of lots of less than 80,000 square feet where consolidation is not possible.
[Adopted 1-8-1992 by Ord. No. 1564]
A building may be erected, altered or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Permitted Uses shall include office and research related facilities including:
1. 
Office buildings for executive or administrative purposes, professional or general offices, and medical or dental offices.
2. 
Laboratories similar to the following but not including manufacturing: biological, chemical, dental, pharmaceutical and general research.
3. 
Data processing and computer operations.
4. 
In addition to the above, any office-research facility consistent with the above, that is similar in purpose, function, character and effort.
b. 
Accessory Buildings and Uses including:
1. 
Private garage space for the storage of vehicles operated exclusively as part of a permitted use which is located on the same site.
2. 
Signs subject to the provisions of this chapter.
3. 
Fences and hedges subject to the provisions of this chapter.
4. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
c. 
Conditional Uses. The following conditional uses are permitted upon approval of the Planning Board in accordance with the special conditions of this chapter.
1. 
The following limited retail and service uses are permitted:
Apparel
Artist's supply
Bakery
Bank
Barber store
Beauty and cosmetic shop
Periodicals and newspaper sales
Candy store
Card store
Cigars and tobacco sales
Cleaners (no processing)
Coin or collectibles dealer
Computer sales, supplies and service
Delicatessen
Florist
Gift shop
Health club
Ice cream store
Jewelry store
Locksmith
Luncheonette (non drive-in)
Musical instrument store
Office equipment and supplies
Photography studio
Restaurant
[Added 3-10-2016 by Ord. No. 2262]
Restaurant with entertainment
[Added 3-10-2016 by Ord. No. 2262]
Shoe or hat repair store
Stationery store
Tailor
Travel agency
[Amended 3-10-2016 by Ord. No. 2262 to delete Restaurant, non drive-in, non fast food]
2. 
Billboard signs.
3. 
Child day-care centers.
4. 
Satellite antenna dishes greater than two meters in diameter.
[Amended 8-21-1996 by Ord. No. 1746]
5. 
Rehabilitation and vocational training center for the physically and/or neurologically disabled.
[Added 11-16-1992 by Ord. No. 1608]
6. 
Principal permitted uses in the I-1 Zone with the exception of: manufacturing, fabrication and assembly of light machinery and products; and, professional, general business, and corporate office uses.
[Added 1-5-1994 by Ord. No. 1657]
7. 
Wireless telecommunications tower and antenna.
[Added 6-17-1998 by Ord. No. 1799]
[Adopted 1-8-1992 by Ord. No. 1564]
The O-1/80 Office-Research-Limited Commercial Zone specified herewith shall be occupied only as indicated in the Schedule in Article XVII of this chapter which is as follows:
a. 
Principal Buildings.
1. 
Minimum lot size: 80,000 square feet.
2. 
Minimum lot width: 200 feet.
3. 
Minimum lot depth: 400 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.): 100 feet (1).
5. 
Minimum rear setback: 75 feet (1).
Where an O-1/80 Zone abuts a lot in a single family residential zone, a rear yard of 100 feet shall be required.
6. 
Minimum side yard setback: 50 feet (1).
Where an O-1/80 Zone abuts a lot in a residential zone, a side yard of 100 feet shall be required.
7. 
Maximum lot coverage: 27% of buildable lot area.
8. 
Maximum floor area ratio: 30% of total lot area.
9. 
Minimum gross floor area: 10,000 square feet.
10. 
Maximum building height: four stories above grade or 45 feet, whichever is less (1).
11. 
Minimum distance between buildings shall not be less than the height of the tallest of the two buildings.
Notes: (1) All required setbacks shall be increased a total of five feet for each foot the building height exceeds 35 feet.
b. 
Accessory Buildings. Accessory buildings shall be set back one foot for each one foot of building height, but not less than 25 feet from a property line, except where the yard abuts a residential zone, the building shall meet all the setback requirements of a principal building. Accessory buildings are not permitted in the required front yard.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Off-street parking and loading is required subject to regulations and conditions specified in this chapter.
b. 
Landscaping must be provided in subject to the regulations of this chapter.
c. 
No materials, raw or finished, shall be stored in any yard or open area.
[Commercial Development Option added 1-10-2001 by Ord. No. 1880, amended 11-13-2002 by Ord. No. 1943, 6-30-2003 by Ord. No. 1959, rescinded 5-25-2005 by Ord. No. 2013]
[O-2 Regional Office - Research Zone adopted 1-8-1992 by Ord. No. 1564, amended 8-21-1996 by Ord. No. 1746, 6-17-1998 by Ord. No. 1799, 11-4-1998 by Ord. No. 1814, 12-1-1999 by Ord. No. 1839, 3-15-2000 by Ord. No. 1851, 1-10-2001 by Ord. No. 1875, 1-10-2001 by Ord. No. 1877, 1-10-2001 by Ord. No. 1881, 8-25-2004 by Ord. No. 1991, deleted 1-26-2005 by Ord. No. 2003]
[Added 8-21-1996 by Ord. No. 1746]
The purpose of the SRI - Recreational Activities Zone is to provide for compatible land use activities on these environmentally sensitive parcels of land.
[Added 8-21-1996 by Ord. No. 1746]
The permitted uses shall be designated as follows:
Activities included would be camping, marina use as permitted by the N.J. State Department of Environmental Protection, water related recreational activities such as swimming and fishing, and other recreational activities which would normally be associated with this type of environment.
[Adopted 1-8-1992 by Ord. No. 1564, amended 2-21-2013 by Ord. No. 2196]
It shall be unlawful for any person to erect, replace or alter any advertising sign or structure as defined in this chapter without first obtaining a sign permit. After a sign permit has been obtained, the copy, wording, color or pictures may be changed without the necessity of obtaining a new permit or paying any additional fees, so long as the new copy, wording, color or pictures comply with the provisions of this section and any specific approvals by the Planning Board or the Board of Adjustment, but no change shall be made in the size or shape of a sign nor shall any structural alterations be made without first obtaining a new sign permit. Where a use is a permitted use in the C-4 Zone or a conditionally permitted use subject to the approval of the Planning Board and the requirements of this section conflict with those specifically listed in those section of this chapter, those specific requirements shall govern.
[Adopted 1-8-1992 by Ord. No. 1564, amended 2-21-2013 by Ord. No. 2196]
a. 
All principal buildings in all districts shall be clearly identified as to house number or street number by means of a small unobstructed sign clearly visible and legible from the main abutting street.
b. 
Any signs not specifically permitted are hereby prohibited.
c. 
Wall signs are not permitted. For the purposes of this section, a wall sign is a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign.
d. 
No signs except window or special event signs shall be placed on private property except for the purpose of identifying a use or uses actually conducted upon the premises upon which such signs are erected and for no other purpose.
e. 
Sign Area Measurement. The area of a sign shall be computed as the total square foot content of the background upon which the lettering illustration or display is presented. If there is no background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of lettering illustration or total display. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. For signs with two sides the maximum area requirement shall be permitted on each side. Signs with more than two sides are prohibited.
f. 
Sign Height Measurement. The largest vertical height of the background upon which the lettering illustration or display is presented. If there is no background, the height shall be the largest vertical height of the lettering, illustration or total display. If the letters, illustrations or displays are attached directly to the face of the building, the height of the sign shall be the height of the largest letter illustration or total display, whichever is greater. No sign of any type shall be permitted to obstruct driving vision, traffic signals and signs, or similar safety devices or other places of business.
g. 
Illumination. All illuminated signs may be either internally or externally illuminated in accordance with the standards found in § 21-46A, Outdoor Lighting.
h. 
Projecting. No facade or building mounted sign as permitted shall extend or project at any point above or outside the limits of the roof, the highest elevation of the wall to which it is attached, or above the height of the principal building as defined in this chapter. No signs shall be permitted on accessory buildings.
i. 
Line of Sight. No sign shall be located in such a manner as to materially impede the view of any street or intersection. Signs and sign structures of all types shall be set back or elevated sufficiently to allow a clear, unobstructed line of sight from points of ingress or egress for at least 1,000 feet along all abutting streets and highways.
j. 
Nonresidential Uses. Nonresidential uses shall be permitted a maximum of two directional signs for each street frontage designated "entrance" or "enter" and "exit". Such directional signs shall be no larger than two square feet each; the top of the sign shall be no more than 30 inches from ground level; and the signs may be internally illuminated. No external illumination shall be permitted. No business names, logos or similar features may be displayed on the directional signs. Directional signs shall have no setback requirements.
k. 
Construction; Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
l. 
Stationary. Except as permitted in Subsection m below, all signs shall be stationary with no moving parts. Signs with a digital message which change more than once every 24 hours shall be considered as signs with moving parts and signs with a digital message that change no more than once every 24 hours shall not be considered to have moving parts. This timing restriction can be waived by the Township of Ocean Chief of Police when required for a public emergency.
[Amended 7-14-2016 by Ord. No. 2276]
m. 
Residential. On a lot in a residential district, one sign shall be permitted not to exceed two square feet in area. If illuminated, the direct source of light shall be shielded in such a manner that it is not visible from the street or any adjoining residential property, unless originating from a porch light or lamp post light. In addition:
1. 
A church, public or parochial school, or library may have a monument sign of not more than 60 square feet. Up to 20 square feet of that monument sign may be used as a bulletin board sign, provided that the bulletin board sign is not internally illuminated. If not attached to the building, all such freestanding signs shall be at least 15 feet from all property lines.
2. 
Government buildings and services may have one monument sign of not more than 60 square feet, including all supporting members.
Up to 32 square feet of that monument sign may be used as an electronic message sign with a changing message that shall not change more than once every eight seconds. If not attached to the building, all such freestanding signs shall be at least 15 feet from all property lines.
The Municipal Agency shall have the discretion to limit the hours of operation of the electronic message sign and all other lighted elements of the monument sign to the hours of 7:00 a.m. to 11:00 p.m., giving consideration to the impact of such lighted signage on adjacent residential properties.
3. 
A church, public or parochial school, or government buildings and services may be permitted one facade sign per street frontage, provided that the area of such facade sign does not exceed 10% of the area of the facade on which the sign is located, up to a maximum of 85 square feet in area. Such signs may be backlit, or may be internally illuminated subject to Planning Board approval if the applicant can demonstrate that the illumination will not adversely impact adjacent residential properties. Any such sign, whether internally lighted or backlit, shall only be illuminated between the hours of 7:00 a.m. and 11:00 p.m.
[Amended 6-16-2008 by Ord. No. 2103, 7-14-2016 by Ord. No. 2276]
n. 
Removal. Removal of business signs shall be within 30 days of the closing of such business at the expense of the owner of said property. Real estate signs shall be removed within seven days after signing the contract of sale, or the signing of a sale transaction, or the execution of a lease. Signs announcing that the premises or portion thereof have been sold, rented or leased may remain for 10 days after above transaction.
[Adopted 1-8-1992 by Ord. No. 1564, amended 2-21-2013 by Ord. No. 2196]
Subdivision developments involving six or more residential lots may contain signs advertising the sale of the dwelling contained therein as approved by the Planning Board as follows:
a. 
One non-illuminated sign no larger than 30 square feet is permitted at each entrance of the development. In addition, customary non-illuminated trade and professional signs no larger than four square feet are permitted on the lots being developed.
b. 
All signs permitted under this section shall be removed by the owner within seven days after signing the contract of sale or signing of a sale transaction or the execution of a lease of the last house in the development.
[Adopted 1-8-1992 by Ord. No. 1564, amended 6-18-1992 by Ord. No. 1585, 2-14-2001 by Ord. No. 1883, 2-21-2013 by Ord. No. 2196]
In the foregoing commercial, office, and industrial zones, no sign shall be permitted which is not accessory to the business conducted on the property. Such sign may only be erected providing that it is shown on an approved site plan and all of the requirements of this chapter are met.
a. 
Each individual lot in any commercial, office, or industrial zone shall be permitted one free-standing sign, provided:
1. 
The height of the sign structure, including the supporting members, shall not exceed the height of the building plus 20%, but at no time shall the height exceed 25 feet.
2. 
The sign must be set back a minimum of 15 feet from the front street right-of-way line but outside of any required sight triangle easement area.
3. 
The area of one side of the sign shall not exceed one square foot for each linear foot the business building sits back from the front street property line, provided that no sign shall exceed 100 square feet in area.
4. 
Said sign must be placed within a curbed area of no less than 20 square feet. This area shall be landscaped.
5. 
Where a sign is located on the frontage of a site on Route 35, it must be located on the "upstream" side of the entrance drive or drives in order to facilitate safe traffic flow. Signs fronting on southbound Route 35 shall be located north of the entrance drive or drives, and signs located on northbound Route 35 must be located on the south side of the entrance drive or drives.
6. 
Corner lots shall be permitted to have one sign for each frontage, but each sign may be no larger than 75% of the maximum total area of a permitted single sign on the property.
b. 
Except as noted in Subsection b.5 below, each business shall be permitted one facade sign for each street frontage of the business, provided that:
1. 
The total sign area for the sign or signs, unless located on a canopy or a projecting sign, permitted on the face of any wall shall not exceed 10% of the area of the face of the wall upon which such sign or signs are attached. In no case may the area of a sign exceed 150 square feet.
2. 
No sign, unless located on a canopy or a projecting sign, shall extend further than 15 inches from the face of the building upon which it is attached, provided that where a sign extends more than three inches from the face of said wall, the bottom of said sign shall not be closer than 10 feet from the ground level below the sign.
3. 
Projecting signs. Where signs project beyond a building facade or wall over a pedestrian way, the lowest part of the sign shall be at least eight feet above the walkway and no higher than 10 feet above the walkway. Such a projecting sign would be allowed instead of a flat wall mounted sign. The total permitted area of the projecting sign may be up to six square feet.
4. 
In addition to wall signs, each tenant sign in a shopping center shall be allowed one pedestrian oriented tenant identification sign in addition to an attached facade sign. The pedestrian oriented tenant identification sign must be perpendicular to the building facade. Such tenant sign shall be located at the front of the building and at a minimum height of eight feet above the walkway and shall be placed only on or under a canopy or sidewalk cover and shall not exceed six square feet in area.
5. 
Signs located on canopies, whether such canopies are permanent or temporary, may extend more than 15 inches beyond the face of the building upon which the canopy is attached provided that the canopy does not extend more than five feet into the minimum required setback of the zone and shall not create a hindrance to either pedestrian or vehicular traffic. Such canopy sign shall not extend beyond the face of the canopy upon which it is attached. Awning signs may contain only the name of the business, logo and street number. Such messages shall be restricted to the drop leaf (fringe) of the awning and occupying an area no greater than 40% of the total drop leaf-area. The drop-leaf of any awning used as an awning sign shall not exceed 10 inches in height. No portion of an owning, other than the drop-leaf fringe may be used as a sign. More than one such awning sign is permitted.
6. 
Where multiple businesses within a building are serviced by one or more common entrances, such as in an enclosed mall or office building, only one facade sign shall be permitted per entrance.
7. 
If there are more than one building on a site, the Planning Board, pursuant to site plan review and approval, may permit signs on more than one facade of a building, including those facades that lack a public entrance, if the applicant demonstrates and the Board finds that such additional signage promotes a community interest in facilitating the identification of a building as seen by the public. When the Board approves additional identification wall signs, not more than one identification wall sign may be displayed on any one (building) facade.
c. 
In addition to the above regulations, all signs permitted in the residential zones are also permitted in the commercial, office and industrial zones.
[Adopted 1-8-1992 by Ord. No. 1564, amended 2-21-2013 by Ord. No. 2196]
The following signs shall be permitted in the Transitional Office/Residential Zone, provided that:
a. 
No sign shall be permitted which is not related to the use on the premises.
b. 
One free-standing sign is permitted provided that:
1. 
All such free-standing signs must be monument style signs. No sign structure shall exceed five feet in height.
2. 
The area of said sign shall not exceed 20 square feet.
3. 
Said sign shall be set back a minimum of 15 feet from the front street right-of-way and side property lines.
c. 
One facade sign shall be permitted on each building per street frontage of the building provided that:
1. 
The total sign area for the sign or signs permitted on the face of any wall shall not exceed 5% of the area of the face of the wall upon which such sign or signs are attached.
2. 
No sign, unless located on a canopy, shall extend further than 15 inches from the face of the building upon which it is attached, provided that where a sign extends more than three inches from the face of said wall, the bottom of said sign shall not be closer than 10 feet from the ground level below the sign.
3. 
Signs located on canopies, whether such canopies are permanent or temporary, may extend more than 15 inches beyond the face of the building upon which the canopy is attached provided that the canopy is not in violation of the setback provisions of the chapter. Such canopy sign shall not extend beyond the face of the canopy upon which it is attached.
4. 
The maximum height of any single sign shall not exceed three feet, and the maximum width shall not exceed 50% of the width of the wall to which the sign is attached. In no case, may the area of a sign exceed 50 square feet.
d. 
Signs shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m.
e. 
In addition to the above regulations, all signs permitted in the residential zones are also permitted in Transitional Office/Residential Zones.
[Adopted 1-8-1992 by Ord. No. 1564, amended 8-21-1996 by Ord. No. 1746, 4-14-2008 by Ord. No. 2093, 11-9-2009 by Ord. No. 2140, 2-21-2013 by Ord. No. 2196]
a. 
Any person or organization desiring to erect a temporary sign or signs as set forth hereinafter shall apply for a sign permit from the Township of Ocean for which there shall be a fee of $15. No temporary signs of any type shall be erected in any State, County or Township right-of-way.
b. 
Temporary signs for special events may be erected by certain nonprofit organizations subject to the following regulations:
1. 
No sign shall be larger than four feet x eight feet.
2. 
All signs shall have a professional appearance. A draft of the sign shall be submitted to the Zoning Officer for approval to ensure a professional appearance.
3. 
A no fee permit shall be obtained from the Zoning Officer.
4. 
No more than three signs shall be displayed and they shall be limited to the following locations:
(a) 
South west corner of Deal Road and Roller Road.
(b) 
North west corner of West Park Avenue and the municipal pool exit road.
(c) 
East side of Monmouth Road, midway between Brown Place and Lake Avenue.
(d) 
North side of Deal Road opposite Logan Road.
(e) 
East side of Wickapecko Drive opposite Bimble Boulevard.
Only one sign may be erected at any one time at any of the above locations unless specifically approved by the Township Manager or his designee. In addition to the option of erecting one sign at up to three of the above locations, sign requests for usage of the public message boards will be considered and signage will be permitted on property owned by the nonprofit organization subject to the size and time limitations set forth herein.
5. 
Eligible nonprofit organizations must either be based in the Township of Ocean or be conducting an event at a Township of Ocean public facility.
6. 
Sign requests cannot be made earlier than 60 days prior to the scheduled start date of the event, will be considered on a first come/first serve basis, cannot be erected for longer than two weeks, and must be removed within 48 hours after the conclusion of the two-week period.
c. 
Temporary signs may be erected in any commercial, office or industrial zone (C-4RSSF, C-2, C-3, C-4, O-1/20, O-1/40, O-1/80, I-1) as follows:
1. 
Temporary signs announcing "sales" of merchandise sold on the premises, are permitted for business establishments other than an automotive gasoline station or automotive service station, in addition to approved permanent signs. The total area of the sign or signs may not exceed 10% of the front wall area of the establishment and the sign(s) must be removed within seven days after the "sale" is completed. No such sign shall remain in place for a period exceeding 30 days. Only four such "sales" shall be permitted in any calendar year.
2. 
Temporary signs are permitted inside windows of commercial establishments not covering more than 25% of the total window area. Such temporary signs shall remain in place for a period of not greater than 21 days. Service organization posters shall be exempt from this provision. When temporary signs announcing "sales", as permitted in Subsection c1 above, are located within a window, they shall be included in the calculation of the maximum 25% of total window area permitted under this subsection.
3. 
Free-standing signs for such purposes as special sale days. Such signs shall not exceed 16 square feet in total area and shall be erected for no longer than seven days. Said signs may only be erected upon the property of the business holding such sale and no more than one sign shall be permitted per event. No more than five permits may be granted per year per applicant. Said signs shall be set back five feet from front property lines and 15 feet from any side property line.
4. 
A temporary sign shall be permitted for grand openings in commercial zones together with flags and banners for no more than 30 days. No more than one sign per street frontage shall be allowed which shall not exceed 16 square feet. Said signs shall be set back five feet from front property lines and 15 feet from any side property line.
5. 
Lighter than air balloon and inflatable signs shall be permitted in all commercial zones. Said signs shall be anchored in accordance with the Building Code at a location approved by the Township. They shall be permitted for special sales, grand openings and special events. They shall be permitted for no more than five times a year per property, but never more than once a year for each business on any site. Such signs may not be erected for more than seven days. They must be flown higher than any structure on the property or adjacent property and there must be a person in attendance at all times that the balloon is flown. They may not have a surface area of more than 750 square feet and they must not be illuminated, nor filled with a flammable gas and no flags or streamers may be attached to same. A certificate of insurance must be provided naming the Township of Ocean as an additional insured in the minimum amounts of $300,000/$500,000. Heavier than air balloons shall comply with the requirements of lighter than air balloons except that: no certificate of insurance need be provided; they shall be ground mounted; and the surface area shall not exceed 100 square feet.
6. 
Banners which are primarily decorative in nature and not designed to convey a sales message are permitted on light poles within an off-street parking lot during the holiday sales season between November 15 and January 15. Such banners shall be hung vertically pendant from the light poles and shall not be fashioned to create horizontal spans across the parking lot. A decorative banner shall not exceed 30 square feet in area nor exceed three feet in width. Not more than two such banners shall be hung from any one pole.
7. 
Sidewalk signs may be erected in front of each business having its own separate entrance onto a sidewalk at street level. Such signs may be placed upon the sidewalk in front of the place of business and solely during the hours said business is in operation, one sign meeting all of the following restrictions:
(a) 
The sign shall have a maximum width of 30 inches, maximum height of 42 inches and maximum depth of 20 inches;
(b) 
The sign shall be located no closer than 10 feet to the side lease area or property line or building wall of a business (whichever is less), however, in the case of a business or building having a front wall of less than 20 feet, the sign shall be located as near to the center of the structure as practicable. The sign shall be further located within four feet of either the outside edge of the sidewalk or the front of the building, provided further, however, that a sixty-inch wide unobstructed path shall be maintained at all times on the sidewalk;
(c) 
The sign shall be constructed of weather resistant materials (no paper, fiberboard, foamcore board, corrugated paper or unfinished wood materials shall be permitted), and shall be constructed and/or weighted so as to be impervious to the effects of strong winds as approved by the Zoning Officer or his designee. The sign shall be maintained at all times in good repair and shall not be permitted to weather, fade, peel, crack or otherwise deteriorate;
(d) 
The sign is subject to the issuance of an annual permit which may be renewed.
(e) 
The Fire Marshal and/or Chief of Police shall have the right to prohibit or further restrict the location of any sidewalk sign which, in their sole discretion, they deem by virtue of the sign's construction or location, to constitute a safety hazard to the public.
8. 
Each shopping center shall be permitted to display one temporary free-standing or "A" frame (sandwich board) sign under the control of the property owner. The applicant desiring to display such a sign shall obtain an annual temporary sign permit from the Zoning Officer. The Zoning Officer shall issue a permit number and an expiration date for the sign which the applicant shall clearly display on the sign face; thereafter, the applicant shall notify the Zoning Officer of the proposed location and duration of display of the temporary sign. The permit may be renewed annually upon review by the Zoning Officer. Not more than one annual permit shall be issued to a site. The maximum area of the sign shall not exceed 20 square feet. In addition, the sign must be located a minimum of 10 feet from any property line and must be located on a sidewalk or within a curbed landscaped area. If the sign is located on a sidewalk, a sixty-inch wide unobstructed path shall be maintained at all times on the sidewalk.
[Adopted 1-8-1992 by Ord. No. 1564, amended 2-21-2013 by Ord. No. 2196]
a. 
No sign of any type, temporary or permanent, shall be erected which is of a form, character, or shape, so as to confuse or dangerously detract the attention of the operator of a motor vehicle. A mannequin, costumed individual, sign walker or animated device located at roadside for the purpose of attracting attention shall be considered such a sign and is expressly prohibited.
b. 
Signs placed on trees, utility poles, light poles, signs attached to other signs and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign shall be prohibited.
c. 
Any series of two or more signs placed along a street or highway carrying an advertising message, part of which is contained on each sign shall be prohibited.
[Adopted 1-8-1992 by Ord. No. 1564, amended 4-21-1993 by Ord. No. 1629, 12-4-1996 by Ord. No. 1754, 9-28-2005 by Ord. No. 2031, 2-21-2013 by Ord. No. 2196]
The following signs shall be permitted only in accordance with the following standards and shall not require a permit.
a. 
Temporary election signs, not to exceed four feet by four feet, may be erected in all zones. No more than one such sign per candidate or issue shall be permitted on any single property. Such signs shall not be installed sooner than one month prior to the election on the same calendar day as the election. For example, if an election is to be held on November 4, election signs may not be erected prior to October 4. Such signs must be removed within five days following said election by the candidate or organization erecting same at his or its expense.
b. 
A temporary non-illuminated sign advertising the sale or rental of a premises or portion thereof shall be, if not attached to the building, set back at least 10 feet from all street lines. Corner lots are permitted to have up to two such signs, but each sign must be located on a different street frontage. The maximum allowable area of such signs shall not exceed the following:
1. 
In all residential zones, the area shall not exceed five square feet.
2. 
In all nonresidential zones where there is no frontage on either Highway 35 or Highway 66, the area shall not exceed nine square feet.
3. 
For all properties that have frontage on either Highway 35 or Highway 66, the area shall not exceed 12 square feet plus inserts of six inches by 24 inches.
The maximum height of any such sign in any zone shall not exceed six feet. These provisions shall further apply to all signs announcing that the premises or portion thereof have been sold, rented or leased. Such signs must be removed within a period of seven days after conclusion of sale or rental transaction. The total number of signs shall not exceed one such sign per lot in any residential zone, or one such sign per business or vacant parcel in any other zone.
c. 
A temporary non-illuminated job sign shall be permitted on residential property. Such job sign shall provide information related to work which is actively being engaged in on the property. Such signs shall include, but not be limited to, building contractors, roofers, painters, and landscapers. This shall not be construed to include signs for work of a very limited duration or of a repetitive nature, for example, lawn maintenance services or chimney cleaning services which shall not be permitted. Job signs shall not exceed four square feet and must be set back a minimum of 10 feet from any street line. The total number of signs shall not exceed one such sign per lot. Such signs must be removed immediately upon the completion of the work, but in no case may the sign of any one contractor be displayed for more than 30 days in any calendar year.
d. 
For all nonresidential property where one or more businesses or uses occupy a single building, side and rear entrances may contain a sign indicating the occupant of that space. Such signs shall be stenciled or professionally lettered. Each individual letter shall be three inches to five inches tall. No information other than the name of the occupant may be included in the sign. Upon the change of the occupant, the sign must be removed or relettered with the new name of the subs.
e. 
(Reserved)
[Added 9-4-2014 by Ord. 2231, deleted 7-14-2016 by Ord. No. 2276]
[Adopted 1-8-1992 by Ord. No. 1564]
Off-street parking, unloading and service requirements of this section shall apply and govern in all zones within the municipality, except if these regulations conflict for a conforming use in the C-4 Zone, the C-4 Zone requirements shall hold. Except as provided in this section, no application for a building permit shall be approved unless there is included with the plan for such building, improvement or use, a site plan including the required parking and adhering to the zoning requirements and design standards applicable to the subject building, use or improvement. A Certificate of Occupancy shall no be issued unless the required off-street parking, unloading, and service facilities have been provided in accordance with those shown on the approved plan.
[Adopted 1-8-1992 by Ord. No. 1564]
No land shall be used or occupied, no structure shall be designed, created, altered, used or occupied, and no use shall be operated unless off-street parking and loading facilities are provided in at least the amount and maintained in the manner required by this chapter.
[Adopted 1-8-1992 by Ord. No. 1564]
Each off-street parking, loading or service area shall be connected to a public street right-of-way by means of a driveway constructed in accordance with at least the minimum standards required by this chapter.
[Adopted 1-8-1992 by Ord. No. 1564]
No off-street parking space backing into an entrance or exit drive shall be closer than 25 feet from the street right-of-way line.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Parking areas shall be divided into lots separated by appropriate landscaping where possible.
b. 
Driveways and internal roads shall be separated from parking areas by curbed landscaped islands where possible. Curbed, landscaped islands, a minimum of 10 feet in width, shall be located at the end of all rows of parking, and no more than 20 consecutive parking spaces shall be permitted in any row of parking without being defined by a ten-foot wide landscaped island. All curbed islands shall be landscaped with suitable trees, shrubs or ground cover.
c. 
Parking spaces shall have a minimum area of 10 feet wide and 18 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto, except that all parallel off-street parking spaces shall have an area of 10 feet wide and 22 feet long. 60° diagonal parking shall have a width of 10 feet and a depth of 21 feet measured perpendicular to the center line of the drive aisle. 45° diagonal parking shall have a width of 10 feet and a depth of 20 feet measured perpendicular to the center line of the drive aisle.
Handicapped spaces shall be eight feet wide and 18 feet long. Van accessible handicapped spaces shall have an adjacent access aisle of eight feet wide. Other handicapped spaces shall have an adjacent access of aisle of five feet wide. Two adjacent handicapped spaces may share a common access aisle. All parking spaces have hairpin striping.
[Amended 8-21-1996 by Ord. No. 1746, 9-28-2005 by Ord. No. 2031]
d. 
Parking lot aisle widths shall be as follows:
1. 
90° parking: 24 feet.
2. 
Parallel parking: One way aisle 15 feet.
Two way aisle 24 feet
3. 
60° parking: 16 feet.
4. 
45° parking: 13 feet.
5. 
Drive aisles within parking lots which do not have parking directly accessing them shall be a minimum width of 24 feet for two way traffic flow and 13 feet for one way traffic flow.
[Adopted 1-8-1992 by Ord. No. 1564]
Garage space or space within buildings, in basements or on the roofs of buildings may be used to meet the off-street parking requirements of this chapter, provided all requirements regarding this section are met.
[Adopted 1-8-1992 by Ord. No. 1564]
The off-street parking requirements for two or more neighboring uses may be satisfied by the allocation of the required number of spaces for each use in a common parking facility, provided that the number of off-street parking space is not less than the sum of individual requirements; and provided further, that there be compliance with all other provisions of these regulations. This provision will only apply with approval of the Municipal Agency.
[Adopted 1-8-1992 by Ord. No. 1564, amended 6-16-2008 by Ord. No. 2103]
Off-street parking facilities for one use shall not be considered as providing the required facilities for any other use, except that 1/2 of the off-street parking space required by any use whose peak attendance will be at night or on Sundays, such as houses of worship, theaters, and assembly halls, may be assigned to a use which will be closed at night or on Sundays. This provision will only apply with approval of the Municipal Agency.
[Adopted 1-8-1992 by Ord. No. 1564]
For the purpose of this section, the number of employees shall be computed on the basis of the maximum number of persons to be employed on any one shift taking into consideration day, night and seasonal variations.
[Adopted 1-8-1992 by Ord. No. 1564]
When units of measurements deterring the number of required off-street parking and off-street loading spaces result in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded. Any units over 1/2 will require an additional space.
[Adopted 1-8-1992 by Ord. No. 1564, amended 2-12-2002 by Ord. No. 1910]
a. 
Residential Uses. No parking is permitted in either the required front yard setback or in the actual front yard between the residence and the street of any residential use within any zone except parking may be permitted in the front yard of a single family residence if parked on a driveway. In no instance shall the width of a driveway within a required front yard exceed 20 feet.
b. 
Commercial and Office Zones and Uses. In any C-1, C-2, C-3, C-4, O-1/20, O-1/40 or O-1/80 Zone, parking for permitted uses shall be permitted in the front yard providing that all necessary buffers are adhered to, a minimum twenty-five-foot landscaped area is provided along the front property line, and a minimum ten-foot landscaped area provided along the side lot lines. Landscaping within these areas shall be in conformance with the requirements of this chapter. Furthermore, this requirement shall apply to any use, which is listed as a permitted use in any of the above zones, which is located in any other zone within the Township as a permitted use, a preexisting nonconforming use, or is permitted by 'use' or 'd' variance.
c. 
Industrial Uses. Only parking for visitors shall be permitted in the front yard of industrial uses. Furthermore, this requirement shall apply to any mixed office/industrial uses and mixed retail/industrial uses whether permitted in a zone, a preexisting nonconforming use, or permitted by 'use' or 'd' variance.
[Added 1-5-2000 by Ord. No. 1844, amended 2-2-2000 by Ord. No. 1848, 1-10-2001 by Ord. No. 1876, 2-14-2001 by Ord. No. 1883]
a. 
All properties, except single family residences and properties in the I-1 Zone, shall be limited to one curb cut each. Curb cuts shall be located as close to the center of the lot frontage as is practicable, but in no case may they be closer than 1/3 of the actual lot frontage to any side property line. In the case of a corner lot, except single family residences, in order to prevent undue traffic on local streets, the permitted curb cut shall be located n the street of higher classification in the Township Master Plan. Properties in the I-1 Zone shall be permitted up to two curb cuts, located no closer than 10 feet to the side property line.
[Adopted 1-8-1992 by Ord. No. 1564, amended 9-18-1996 by Ord. No. 1748, 1-5-2000 by Ord. No. 1844, 3-15-2000 by Ord. No. 1851, 1-10-2001 by Ord. No. 1881]
b. 
In the case of a corner lot, except for any lot in a residential zone, in order to promote the free flow of traffic at major intersections within the Township, the permitted curb cut shall be located on the street of higher classification in the Township Master Plan.
[Adopted 1-8-1992 by Ord. No. 1564, amended 1-5-2000 by Ord. No. 1844]
c. 
In residential zones, corner lots on collector, major, or arterial streets shall have driveway access only to the street of lesser traffic classification. Such driveway shall be a minimum of 50 feet or two-thirds of the lot frontage, whichever is less, from the corner of the parcel at the intersection of the streets.
For single family residences, curb cuts shall be located a minimum of five feet from an adjacent property line."
[Adopted 1-8-1992 by Ord. No. 1564]
In any single family residential zone, paving for parking, loading or access thereto (unless otherwise restricted) except for entrance or exit drives crossing front property lines shall not be permitted within five feet of any property line.
[Adopted 1-8-1992 by Ord. No. 1564]
Nothing in this chapter is intended to prohibit the sharing of access by adjacent uses.
[Adopted 1-8-1992 by Ord. No. 1564]
Off-street parking spaces for the parking of passenger vehicles of occupants, employees and patrons of main buildings and structures hereafter erected or enlarged shall be provided and kept available in amounts not less than specified in this section.
a. 
Residential Uses. The minimum required number of parking spaces to be provided in connection with residential uses in any given zone shall be in accordance with the following regulations:
1. 
Single-family dwelling 2 spaces for each unit.
2. 
Apartments 1.75 spaces for each unit.
3. 
Townhouses 2.25 spaces per unit.*
4. 
Senior citizen housing 1.5 spaces per unit.
5. 
Senior Independent Living Facilities: 1.25 spaces per unit with reservation of lands for up 1.6 spaces per unit.
[Added 11-3-1999 by Ord. No. 1837, amended 8-9-2000 by Ord. No. 1862]
6. 
Affordable Apartment Flats: 1.5 parking spaces per unit.
[Added 10-15-2015 by Ord. No. 2249]
Notes:
*For Townhouse Units: if garages are provided they must be inside or attached to the townhouse unit and each garage space shall be deemed to meet one of the required off-street parking spaces provided that:
(a) 
Each space shall have a minimum area of 240 square feet;
(b) 
Any driveway space which obstructs access to or from the garage space shall not be counted as all or part of any parking space for the purpose of meeting the parking space per unit requirement;
(c) 
No garage shall be converted to living space without approval of a site plan by the Municipal Agency.
b. 
Nonresidential Uses. The minimum required number of parking spaces to be provided in connection with nonresidential uses in any given zone shall be in accordance with the following regulations:
1. 
Auditorium, movie theater, or other place of public assembly (including public, parochial, adult parochial and private schools): one parking space for each three fixed seats or 72 inches of bleachers for auditoriums or similar gathering spaces, at capacity; or one parking space for each 100 square feet of gross floor area in cases where the capacity is not determined by the number of fixed seats.
For any movie theater located within a shopping center of 15 acres of greater, the total square footage of the movie theater shall be utilized to determine the parking requirement; and one parking space shall be provided per 200 square feet of building area.
[Amended 6-18-1992 by Ord. No. 1588, 9-18-1996 by Ord. No. 1748, 10-13-2016 by Ord. No. 2279]
2. 
Clubs: one parking space for each 100 square feet of gross floor area.
3. 
Home professional office: four spaces including the two required spaces for the residential use.
4. 
Hotel/motel: one parking space per room plus one parking space per employee on maximum shift plus one parking space per 200 square feet of gross floor area of meeting rooms, restaurants and cocktail lounges.
5. 
Manufacturing, research, industrial, wholesale, laboratory, or distribution facility: one parking space for each 200 square feet of office space; plus one space for each 500 square feet of gross remaining floor area for laboratory manufacturing or shipping and handling plus uses, plus one space for each 1,000 square feet for uses devoted strictly to storage or warehousing of goods.
[Amended 4-17-1996 by Ord. No. 1726]
6. 
Mortuary: One parking space for each 25 square feet of floor area devoted to assembly rooms for services.
7. 
Office, office building, office-research building (not including medical and dental): One parking space for each 200 square feet of gross floor area.
8. 
Offices (medical and dental): One parking space for each 150 square feet of gross floor area.
9. 
Retail home furnishing (furniture) stores - not including home appliance stores: One parking space for each 500 square feet of gross floor area.
10. 
Restaurant, restaurant with entertainment or tavern: One parking space for each 150 square feet of gross floor area.
[Amended 3-10-2016 by Ord. No. 2262]
11. 
Restaurant (drive-in/fast food): one parking space per three seats.
12. 
Retail store, personal service or custom shop: One parking space for each 200 square feet of gross floor area.
[Amended 8-13-2014 by Ord. No. 2228]
13. 
Automotive gasoline and service stations: Four parking spaces for each repair bay plus one space for each employee on maximum shift. Automotive gasoline station/C-Store: one parking space for each 250 square feet of floor area.
[Amended 9-3-1997 by Ord. No. 1779]
14. 
Banks: one parking space for each 150 square feet of gross floor area.
15. 
Police and fire stations and post offices: one space for each 250 square feet of gross floor area.
16. 
Churches and synagogues: one space for each two seats whether fixed on not fixed, or one for each 54 inches of benches or one parking space for each 50 square feet of gross floor area for assembly and meeting rooms, whichever is greater.
[Amended 6-16-2008 by Ord. No. 2103; 10-8-2020 by Ord. No. 2342]
17. 
Other uses not specifically listed: the same requirement as for the most similar listed use as determined by the Zoning Officer.
18. 
Mixed uses: the total requirement shall be the sum of the requirements of the component uses, as listed above, computed separately except that where more than five separate uses occupy to 20% provided that:
(a) 
A shared parking analysis indicates that such a reduction in parking area is appropriate, and;
(b) 
An area on the site is reserved for future parking which is to be installed at some future date if the Zoning Officer determines that such additional parking is necessary. Any such area reserved for future parking shall not be considered landscaped area for the purpose of determining required percentage landscaped area of a site.
(c) 
At no time shall any first floor portion of any building be allowed to remain vacant because all available parking has been assigned to other portions of the building.
[Added 8-21-1996 by Ord. No. 1746, amended 9-18-1996 by Ord. No. 1748]
19. 
Shopping center: one space per 200 square feet of floor area.
20. 
Recreational establishments including community recreation centers: one parking space for each 200 square feet of gross floor area.
[Added 9-18-1996 by Ord. No. 1748]
21. 
Taxi and/or package delivery service: one parking space plus one space for each vehicle in the service's feet.
[Added 7-29-1998 by Ord. No. 1809]
22. 
Automotive detailing: one space per 200 square feet of floor area.
[Added 8-25-2004 by Ord. No. 1991]
23. 
Career counseling services and activities: one space per 200 square feet of floor area.
[Added 8-25-2004 by Ord. No. 1991]
24. 
Wellness Center: one space per 150 square feet of floor area.
[Added 10-15-2015 by Ord. No. 2249]
25. 
Self Storage and Self Storage, Climate Controlled - 1 parking space per 50 units.
[Added 10-14-2021 by Ord. No. 2365]
[Adopted 1-8-1992 by Ord. No. 1564]
On the same premises with every retail commercial or industrial building, there shall be provided and maintained on the lot adequate space for off-street loading and unloading services in order to avoid interference with public use of the streets, sidewalks, parking areas, and public rights-of-way. These requirements shall not apply to the C-4 Zone.
[Adopted 1-8-1992 by Ord. No. 1564]
Loading and unloading shall be provided according to the following schedule:
Gross Floor Area in Square Feet
Spaces Required
0 - 25,000
1
25,001 - 50,000
2
50,001 - 75,000
3
75,001 - 100,000
4
Each additional 50,000
1 additional
[Adopted 1-8-1992 by Ord. No. 1564, amended 8-21-1996 by Ord. No. 1746]
Loading and unloading areas shall be permitted only in the rear yard except for properties in the Industrial Zone where loading and unloading shall be permitted in the side or rear yards.
[Added 4-11-2011 by Ord. No. 2169]
The purpose of this chapter is to regulate outdoor lighting in a manner which encourages the conservation of energy, improves or maintains the nighttime visual environment, prevents and/or eliminates misdirected or excessive artificial light, light trespass and/or unnecessary sky glow and protects the health, safety, security and welfare of Township residents and the general public.
[Added 4-11-2011 by Ord. No. 2169]
The regulations and standards contained in this chapter apply to (1) outdoor lighting upon any property for which site plan review and approval is required; (2) the alteration to and/or the changing of outdoor lighting upon any property not occupied by exactly one single-family, detached dwelling; and (3) the replacement of any outdoor light fixture made subsequent to the adoption of this chapter. Outdoor lighting shall be considered an accessory use within the Township.
[Added 4-11-2011 by Ord. No. 2169]
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of this chapter, and to this end, the provisions of this chapter are declared to be severable.
[Added 4-11-2011 by Ord. No. 2169]
The following words and terms, when used within this chapter, shall have the following meanings:
ARTIFICIAL LIGHT SOURCE
Shall mean a man-made thing or object from which light originates (ex: an electrically-powered lamp).
CANDELA (FORMERLY, CANDLE)
Shall mean the "SI" unit of luminous intensity, one candela describes a luminous intensity of one lumen per steradian.
CUTOFF LUMINAIRE
Shall mean an IESNA classification describing a luminaire that emits at least 97.5% of its light output below vertical angles of 90° from nadir at the lowest light-emitting point of its light source and not more than 10% of its light output above angles greater than 80° from nadir at the lowest point of its light source.
DEVELOPED PROPERTY
Shall mean real property which has been altered from its natural state by the lawful addition of improvements such as buildings, structures, impervious area, etc.
DOWNWARD-AIMED LIGHT FIXTURE
Shall mean a light fixture aimed no higher than 60° above nadir from the lowest light-emitting point of its light source.
ENERGY
Shall mean the ability to do work.
EXTERNALLY ILLUMINATED SIGN
Shall mean a sign any face of which is illuminated by one or more artificial light sources located between the reader and the sign face and directed toward the sign face.
FLOODLIGHT
Shall mean an unshielded artificial light source or lamp designed to produce relatively uniform illumination across a broad area.
FOOTCANDLE (ABBREVIATED FC)
Shall mean a unit of measurement of illuminance; one footcandle equals one lumen per square foot of area).
FULL CUTOFF LUMINAIRE
Shall mean an IESNA classification describing a luminaire that emits 0% of its light output above angles greater than 90° from nadir at the lowest light-emitting point of its light source and not more than 10% of its light output above angles greater than 80° from nadir at the lowest point of its light source.
FULLY SHIELDED LUMINAIRE
Shall mean a luminaire that emits no direct uplight (i.e., 100% of its light output is below a vertical angle of 90° from nadir at the lowest light-emitting point of the light source).
GLARE
Shall mean illuminance within the visual field of a human eye which is sufficiently greater than the intensity of illuminance to which the eye is adapted that it causes annoyance, discomfort, reduced vision and/or momentary blindness.
HORIZONTAL ILLUMINANCE
Shall mean the measure, in footcandles, of the total amount of visible light incident upon (i.e. illuminating) a point within a horizontal surface taken through the sensor of a light meter held horizontally upon the point. Within this Ordinance, standards for "horizontal illuminance" levels shall be interpreted as "horizontal illuminance measured at ground level" unless specifically stated otherwise.
IESNA
Shall mean abbreviation for "Illuminating Engineering Society of North America" (also known as "IES") which has a membership consisting of architects, engineers, designers, educators, students, contractors, manufacturers, and scientists and which provides technical guidelines, standards, professional journals, and educational training forums related to the practice of lighting.
ILLUMINANCE
Shall mean the total amount (density) of visible light incident upon (i.e. illuminating) a point of a surface from all directions above the surface measured in footcandles (note: the "surface" may be a part, or all, of a physical object or an imaginary plane).
ILLUMINATION
(see "Lighting")
INITIAL LIGHT OUTPUT
Shall mean the light output of a lamp, in lumens, after 100 hours of seasoning.
INTENSITY
(see "Luminous intensity").
INTERNALLY ILLUMINATED SIGN
Shall mean a sign any face of which is opaque and illuminated by one or more artificial light sources enclosed entirely within the sign cabinet and not directly visible from any point outside of the sign cabinet.
INTERNATIONAL SYSTEM OF UNITS (ABBREVIATED SI)
Shall mean the modern form of the metric system.
LAMP
Shall mean a radiant light source; the replaceable, electrically-powered light source of a light fixture.
LIGHT
(see "Visible Light").
LIGHT FIXTURE
Shall mean an electrically powered lighting device consisting of a lamp, a lamp holder, an electrical ballast (if necessary), and the means for connecting the device to an electrical power source.
LIGHT OUTPUT
(see "Initial light output").
LIGHT SOURCE
Shall mean a thing or object from which light originates (note: an object that reflects light originating from a different object is not a light source).
LIGHT SPILLAGE
Shall mean light projected onto a property from an artificial light source not located upon that property.
LIGHT TRESPASS
Shall mean light spillage not compliant with the requirements of this chapter.
LIGHTING
Shall mean the celiberate utilization of one or more artificial light sources to achieve an aesthetic or intended effect.
LIGHTING POWER
(see "Power").
LUMEN (ABBREVIATED IM)
Shall mean a unit of measurement of luminous flux (i.e., of the total amount of light emitted in all directions per unit time) within the International System of Units.
LUMINAIRE
Shall mean a self-contained lighting system component containing a light fixture and, as necessary, an outer shell or housing, a mirror or reflector, an aperture, a lens or refractor and a mounting bracket or pole socket; within this chapter, the term "luminaire" shall refer to outdoor lighting luminaires unless otherwise stated.
LUMINOUS FLUX
Shall mean the perceived rate of flow of light from a lamp or light source; measurements of luminous flux reflect the variability in sensitivities of the human eye to different wavelengths of light.
LUMINOUS INTENSITY
Shall mean the total luminous flux within a given solid angle, in units of candelas, or lumens per steradian.
MOUNTING HEIGHT
Shall mean the distance, measured along the nadir, between the lowest light-emitting point of the light source within a luminaire or light fixture and the ground surface below.
NADIR
Shall mean the nadir at a particular point is the local vertically downward direction from that point (i.e., the nadir at a point is directed from that point along the line of force of the earth's gravity).
OUTDOOR LIGHTING
Shall mean the lighting of areas exterior to the walls of enclosed buildings and/or within structures having open or partially open walls such as canopies, porte cocheres, pavilions, gazebos, etc.
POWER
Shall mean the rate at which energy is utilized used by a device to produce useful work (also called input power or active power); in lighting, it is the system input power (in watts) for a lamp/ballast combination.
PROPERTY
Shall mean a tract of land depicted upon the Municipal Tax Map as one or more lots and which is assessed as a single tax parcel by the Municipal Tax Assessor.
SEARCHLIGHT
Shall mean aimable light fixture designed for outdoor use containing an artificial light source having a power rating in excess of 500 watts and reflectors designed to produce a narrowly conical, high intensity light beam visible for a relatively long distance but generally unsuitable for illumination of streets, driveways, parking fields, pedestrian paths, flags, architectural features, site improvements, etc.
SHIELDED LAMP
(See "Shielded light source).
SHIELDED LIGHT SOURCE
Shall mean a light source which is positioned and/or equipped with light shielding devices so that it is not directly visible to any person distant 10 feet or more from the light source, or from any point upon or outside of the property boundary.
SHIELDING
Shall mean the blocking of an electromagnetic field with a metallic substance in a manner that reduces electromagnetic waves radiated; electronic components, wires, lamps, and similar devices can all be shielded.
SOLID ANGLE
Shall mean a conical volume of space defined by a point (the vertex of the solid angle), a sphere centered upon the vertex point, an area segment upon the surface of the sphere and the collection of rays which begin at the center point of the sphere and which pass through the points of the perimeter of the area segment upon the surface of the sphere.
SPOTLIGHT
Shall mean an unshielded artificial light source or lamp designed to produce a narrow, well-directed beam of light upon a small area.
STERADIAN (ABBREVIATED S)
Shall mean a unit of measure of a solid angle the value of which can be determined by placing a sphere so that its center point is upon the vertex of the solid angle and dividing the area measure of the surface area segment of the sphere which subtends the angle by the square of the radius of the sphere (note that this quantity is not dependent upon the shape of the subtending area segment but only upon the measure of the segment area).
TEMPORARY LIGHTING
Temporary lighting is outdoor lighting which does not conform to the provisions of this chapter and which will not be used for longer than a period of 30 consecutive days; temporary lighting is intended for uses which, by their nature, are of limited duration such as holiday decorations, civic events, or construction projects; (note: applications for Temporary Lighting Permits shall be reviewed and permitted on a case-by-case basis).
UNDEVELOPED PROPERTY
Shall mean real property which is not developed property.
UNIFORMITY
Shall mean a term utilized to describe the variation of illuminance upon a given plane where variation is expressed as either the numerical ration of the minimum level of illuminance to the maximum level of illuminance or the numerical ratio of the minimum level of illuminance to the average (i.e., arithmetic mean) level of illuminance.
VERTICAL ILLUMINANCE
Shall mean the measure, in footcandles, of the total amount of visible light incident upon (i.e. illuminating) a point of a vertical surface taken through the sensor of a light meter held vertically at the point.
VISIBLE LIGHT
Shall mean electromagnetic radiation which is detectable by a typical human eye.
[Added 4-11-2011 by Ord. No. 2169]
The following are prohibited as, or as the result of, outdoor lighting:
a. 
The installation of outdoor lighting improvements upon, and/or the illumination of, vacant or undeveloped property unless the installation has obtained all required construction permits and is being accomplished in accordance with an approved site plan and/or the requirements of this chapter.
b. 
Temporary lighting except as permitted by Special Lighting Permit.
c. 
Lighting not specifically permitted by this chapter.
d. 
Luminaires having drop-type or sagging lenses.
e. 
Spotlights utilized as a means of outdoor lighting at times other than during periods of emergency or power outage.
f. 
Architectural luminaries not equipped with full cut-off optics.
g. 
Exposed strip lighting used to illuminate building facades or outline buildings.
h. 
Neon tubing except as allowed as a means of illumination for signage.
i. 
Any light that may be confused with, or construed as, a traffic control device.
j. 
Laser, flashing, pulsing, and/or rotating lights and/or light sources except when utilized within emergency or traffic control lighting.
k. 
Searchlights except as permitted by Special Lighting Permit.
l. 
Tower lighting unless required by the Federal Aviation Administration.
m. 
Glare.
n. 
Light trespass.
[Added 4-11-2011 by Ord. No. 2169]
No person shall install any new, or replacement, outdoor lighting that fails to meet the requirements of this chapter.
a. 
White Light Source Required. White light sources including, without limitation, metal halide, fluorescent, or induction lamps, but excluding incandescent and halogen lamps, shall be required for any outdoor light fixture having a lamp output exceeding 2,400 initial lumens and which illuminates a driveway, parking lot, circulation drive, pedestrian area, architectural or landscape feature, flag, or other outdoor object.
b. 
Use of High Pressure Sodium Lamps. Full cutoff luminaires having high pressure sodium lamps with initial lamp outputs not exceeding 16,000 lumens, may be utilized to illuminate outdoor storage and/or similar use areas which areas are not accessible to the general public and for which the need for good color rendition is not essential to the safety and security of the area(s).
c. 
General Requirements.
1. 
All outdoor parking areas, driveways, pedestrian ways and walks, entrances and yard areas shall be illuminated using full cut-off luminaires except if/as otherwise permitted herein.
2. 
Outdoor light poles and/or luminaires upon properties other than those zoned for or containing exactly one single-family dwelling shall be no closer than seven feet to side and rear lot lines and no closer than 22 feet to a front lot line except that in no case shall a light pole and/or luminaire be located within 25 feet of a residentially-zoned or residentially-used property.
3. 
Outdoor lighting in all nonresidential land use zones shall be directed toward, and confined to, ground areas of walks, driveways, parking lots and lawns. Illuminance levels of light spillage shall not exceed 0.25 footcandles at any property boundary line except that light spillage upon any residentially-zoned or residentially-used property shall not exceed 0.06 footcandles.
4. 
Parking lot illuminance levels on all nonresidentially developed properties containing four or more parking lot luminaries must be reduced by at least 50% of full operational levels within 30 minutes after the close of business provided, however, that a minimum level of horizontal illuminance of 0.20 fc shall be maintained within such parking areas at all times.
5. 
Maximum allowable mounting heights for outdoor light fixtures shall be as follows:
(a) 
Sixteen feet when the light fixture is located upon a nonresidentially used site which is either (a) adjacent to or directly across a street from a property zoned for, or containing, exactly one single family residence; or, (b) located within, or within 75 feet of, a single-family residential land use zone;
(b) 
Twenty-four feet when the light fixture is located upon a nonresidential site smaller than two acres in total area and which is not subject to Subsection c5(a) above and the light fixture or mounting pole is within 15 feet of a boundary line of the site;
(c) 
Twenty-eight feet when the light fixture is located upon a nonresidential site which is not subject to Subsection c5(a) above and the light fixture or mounting pole is located farther than 15 feet from a boundary line of the site;
(d) 
Thirty-six feet when the light fixture is located upon a nonresidential site larger than two acres in total area and which is not subject to Subsection c5(a) above and the light fixture or mounting pole is located farther than 25 feet from a boundary line of the site;
(e) 
Forty feet when the light fixture is located upon a nonresidential site larger than six acres in total area and which is not subject to Subsection c5(a) above and the light fixture or mounting pole is located farther than 25 feet from a boundary line of the site;
6. 
Foundations and/or structural support of outdoor lighting installations shall be stable for on-site soil conditions and anticipated wind and ice loads. The upper portion of any light pole foundation which projects, vertically, above finished grade shall be sized no larger than necessary to adequately support the light pole assembly and accommodate its mounting hardware, regardless of the design size of its subsurface component(s).
Where a pole-mounted site light will be installed directly within a parking field, or within three feet of the edge of a head-in parking stall, its foundation shall be of reinforced concrete and shall extend, vertically, a minimum of 36 inches above adjacent finished grade. Mounting pole length shall be as required to elevate the mounted light fixture(s) to design mounting height(s).
All permanently exposed concrete surfaces of light pole foundations shall be finished with a rubbed finish as follows: (a) remove form; (b) patch holes, depressions, voids, and honeycombs by chipping away coarse or broken material until a dense uniform surface of concrete exposing solid coarse aggregate is obtained, saturating surfaces of deficient areas with water, filling with a stiff mortar and finishing the surface of the mortar with a wooden float before initial set takes place; (c) rub exposed concrete surfaces with a wetted wooden block or a medium coarse carborundum stone, using a small amount of mortar on its face (note: do not use the carborundum stone until the concrete has hardened to the state where the sand grinds rather than ravels or rolls); (d) continue rubbing until form marks, projections, and irregularities have been removed, voids are filled, and a uniform surface of paste produced by the rubbing has been obtained; (e) after the paste has dried, obtain the final finish by rubbing with a fine carborundum stone and water until the entire surface is of a smooth texture and uniform color.
d. 
Outdoor Lighting Types/Standards for Outdoor Illumination.
1. 
Multifamily Residential Parking Areas (including circulation drives, parking fields, pedestrian ways):
(a) 
Minimum level of horizontal illuminance: 0.6 fc.
(b) 
Maximum level of horizontal illuminance: 6.0 fc.
(c) 
Minimum maintained average horizontal illuminance: 1.0 fc.
(d) 
Maximum maintained average horizontal illuminance: 3.0 fc.
(e) 
Average-to-minimum uniformity ratio <4.
(f) 
Maximum-to-minimum uniformity ratio <10.
2. 
Nonresidential Parking Areas (including circulation driveways, parking fields, pedestrian ways):
(a) 
Minimum level of horizontal illuminance: 0.6 fc.
(b) 
Maximum level of horizontal illuminance: 10.0 fc.
(c) 
Minimum maintained average horizontal illuminance: 1.5 fc.
(d) 
Maximum maintained average horizontal illuminance: 3.5 fc.
(e) 
Average-to-minimum uniformity ratio <5.
(f) 
Maximum-to-minimum uniformity ratio <12.
3. 
Merchandise Display/Sales Areas. These areas include outdoor areas where active nighttime sales activity occurs and where accurate color perception of merchandise by customers is required. To qualify as a display/sales area, one of the following specific uses must occur on the lot: automobile sales, boat sales, tractor sales, building supply sales, gardening or nursery sales, assembly lots, swap meets.
(a) 
Minimum level of horizontal illuminance: 2.0 fc.
(b) 
Maximum level of horizontal illuminance: 30.0 fc.
(c) 
Minimum maintained average horizontal illuminance: 10 fc.
(d) 
Maximum maintained average horizontal illuminance: 20 fc.
(e) 
Average-to-minimum uniformity ratio <4.
(f) 
Maximum-to-minimum uniformity ratio <10.
4. 
Canopy Lighting. All canopy light fixtures shall be recessed into the lower surface of the canopy, shall be full cutoff types and shall utilize flat lenses and/or diffusers that do not extend below the plane of the lower horizontal canopy surface. No edge of the canopy shall be considered to be light source shield.
(a) 
Minimum level of horizontal illuminance: 5.0 fc.
(b) 
Maximum level of horizontal illuminance: 35.0 fc.
(c) 
Minimum maintained average horizontal illuminance: 10 fc.
(d) 
Maximum maintained average horizontal illuminance: 20 fc.
(e) 
Average-to-minimum uniformity ratio <4.
(f) 
Maximum-to-minimum uniformity ratio <8.
5. 
Architectural Luminaires. Historic, period, or pole-mounted decorative light fixtures or luminaires may be used provided:
(a) 
They are full cut-off type units with shielded light sources;
(b) 
Mounting heights are no greater than 16 feet;
(c) 
No light fixture or luminaire shall have a light source with an initial light output greater than 17,600 lumens; and,
(d) 
All other requirements of this chapter are met.
6. 
Architectural Lighting of Building Facades.
(a) 
Lighting may be used only to accentuate architectural or aesthetic elements of a building facade, not to illuminate the entire exterior facade of a building.
(b) 
Upward aimed lighting shall not exceed 4,000 lumens per architectural or aesthetic facade element, shall be aimed no higher than 135° above nadir at the lowest light-emitting point of the light source, shall utilize only shielded light sources and shall be mounted as flush to the wall as is physically possible.
(c) 
Lighting exceeding 4,000 mean lumens per architectural or aesthetic facade element shall be aimed no higher than 45° above nadir at the lowest light-emitting point of the light source, shall utilize only shielded light sources, and shall be mounted as flush to the wall as is physically possible.
7. 
Illumination of the United States Flag. If displayed at night, the flag of the United States must be properly illuminated. Proper illumination means that the stars and stripes can be readily perceived from a reasonable distance. Illumination of the flag of the United States shall meet the following:
(a) 
Only shielded light sources shall be utilized;
(b) 
The horizontal distance(s) between upwardly aimed light fixtures and the vertical plane of the flag shall not exceed 40% of the height of the highest point of the flag nor shall it be less than 15% of the height of the highest point of the flag unless it can be quantitatively demonstrated that a closer mounting of the light fixture(s) results in less sky illumination; and,
(c) 
The collective (i.e., summed) initial light output(s) of light source(s) dedicated solely to illumination of a United States Flag shall not exceed 12,000 lumens within residential land use zones or 22,000 lumens within nonresidential land use zones.
8. 
Outdoor Lighting Within Residential Areas. Within any municipal land use zone permitting detached, single-family dwellings, a developed residential property containing exactly one, detached, single-family dwelling shall be permitted an area-dependent Total Outdoor Light Output in accordance with the following:
Total Outdoor Light Output (lumens) = 1,750 lumens + 210 lumens per 1,000 square feet of total property area where Total Outdoor Light Output is the sum of the initial light outputs of all outdoor artificial light sources upon the property, and,
(a) 
Every lamp and/or radiant light source having an initial light output of 1,750 lumens or greater must be shielded;
(b) 
Within the Allowable Total Outdoor Light Output permitted upon any property containing a detached, single-family residence, a maximum total of 4,720 lumens of unshielded outdoor light output shall be permitted provided no unshielded lamp or radiant light source is visible from a bedroom window of another residence;
(c) 
No permitted residential spotlight or floodlight shall be aimed higher than 45° above nadir at the lowest light-emitting point of the light source;
(d) 
No lamp or radiant light source shall create glare as defined in this chapter;
(e) 
No lamp or radiant light source shall be operated or directed so as to result in light trespass as defined in this chapter; and,
(f) 
Allowable Total Outdoor Light Output shall not exceed 20,000 lumens.
9. 
Illumination of Signage.
(a) 
Light sources shall be used judiciously to illuminate signs and shall be directed only upon the sign area that they are intended to illuminate. Illuminated signs shall be designed, located, shielded, and directed so as to prevent the glare or light tresspass from the illumination. All exposed conduit, wire, junction boxes and/or other hardware shall be concealed from public view.
(b) 
Externally illuminated signs must be illuminated by downward-aimed light fixtures. Light sources must be shielded. Illumination must, to the maximum extent physically possible, be directed upon the sign face area. The maximum allowed lighting power for an externally illuminated sign is 3.0 watts per square foot of sign face area to be illuminated.
(c) 
Internally illuminated signs are acceptable provided that, if the sign is located adjacent to or across a street from a single family land use zone or use, either (a) only the lettering and symbols on the sign shall be illuminated; or, (b) if the entire cabinet interior is illuminated, the background shall be a dark shade or color that minimizes glare, with the foreground (letters and symbols) being of a lighter or contrasting color. The maximum allowed lighting power for internally illuminated signs is 12 watts per square foot of sign face area to be illuminated. For double-faced signs, only the area of a single face may be utilized to determine the allowed lighting power except that for deep sign cabinets where the lamps are isolated by an opaque divider so that they illuminate only one sign face, or for irregularly shaped signs where the faces are not parallel and the lamps are shielded by an opaque divider so that they illuminate only one sigh face, the total area of all of sign faces may be utilized to determine allowed lighting power.
[Added 4-11-2011 by Ord. No. 2169]
A Site Lighting and Illumination Plan shall be submitted in sufficient detail to evaluate its conformance with standards and requirements of this chapter. The plan shall include the following:
a. 
An accurate, scalable drawing of the site with all outdoor light fixture locations clearly depicted and accurately dimensioned relative to property boundaries, buildings, curblines walks, etc.
b. 
Complete specifications for all light fixtures depicted upon the plan including, for each fixture type, its manufacturer, model, shape, dimensions, color(s), lamp type, wattage, rated initial light output in lumens, reflector and lens types, illumination distribution pattern, shielding, etc. (note: the plan shall depict or be accompanied by manufacturer's catalogue information, brochures, drawings, etc., for each fixture type specified).
c. 
Mounting pole shape(s), material(s), height(s), color(s), finish(s) and foundation details.
d. 
Mounting heights, mounting detail(s), tilt angle(s), and orientation(s) for all light fixtures.
e. 
A photometric plan providing outdoor horizontal illumination levels, in footcandles, upon the points of a 10 feet by 10 feet calculation grid superposed upon pavement areas and pedestrian ways of the site as well as upon site boundaries.
f. 
A tabulation, or tabulations, demonstrating compliance of the plan with the "Standards for Outdoor Lighting, Subsection 21-46A.6d of this chapter where sites having physically and/or functionally disjoint areas shall require a separate tabulation for each such area; and, illumination levels upon lawn/landscape areas and/or upon, or outside of, the boundary of the project shall not be included in determinations of tabulated values.
g. 
Any and all supplemental, or other, information necessary to demonstrate adequacy of the design proposal as well as its compliance with the requirements of this chapter including without limit product manufacturers catalogue information and/or specifications, strength/stability analyses of pole-mounted installations for anticipated wind and soil conditions, etc.
[Adopted 1-8-1992 by Ord. No. 1564]
The intention of these requirements is to enhance the aesthetic and environmental appeal and character of buildings and sites being developed within the municipality by insuring the compatibility of uses, thereby maintaining the health, safety, and general welfare of the community while preserving property values. In addition to "enhancing aesthetic and environmental appeal", landscaping is also located to mitigate adverse environmental impacts as well as to provide true site amenities on a particular site; i.e., screening of winter winds, blocking of afternoon summer sun. These considerations make for a better place to live and work in, not only to look at.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Landscaping Required. All areas in a development not used for construction of buildings, roads, accessways, parking or sidewalks shall be fully landscaped in accordance with the regulations of this chapter.
b. 
Minimum Landscaped Area Required. In all zones a minimum of 25% required landscaped area shall be provided on every site. Required landscaped area shall be calculated by subtracting any required buffers and undeveloped wetlands or floodplains, which are not within the required buffer areas, from the total lot area, and multiplying the remaining lot area by 0.25. The Municipal Agency shall have the authority to determine its distribution, but 30% of all required front yards shall be landscaped.
In calculating landscaped areas, the areas of plazas, open pedestrian shopping malls, sitting areas, swimming pools, and ornamental pools and fountains shall be included. Conventional sidewalks and similar paved surfaces shall not be included.
c. 
Minimum Landscaped Area Along Property Lines.
1. 
A minimum twenty-five-foot wide landscaped area shall be provided along all front property lines and public streets, except entrance walks and access drives. The 25 feet shall be measured from the proposed right-of-way line as designated in the Master Plan. This requirement shall apply to all uses in all zones except:
(a) 
Where a building is located closer than 25 feet to a front property line. In such instances, all areas directly between the building and the front property line must be landscaped, with the exception of entrance walkways. The minimum twenty-five-foot landscaped area shall be required for all other portions of the front yard except entrance drives.
(b) 
Where any building in a C-1 Zone is located closer than eight feet to a front property line no landscaping is required between the building and property line. The minimum twenty-five-foot landscaped area shall be required for all other portions of the front yard except entrance drives and walks.
2. 
A minimum ten-foot wide landscaped area shall be provided along all side and rear property lines, except for single family residences, and furthermore except:
Where a building is located closer than 10 feet to a side or rear property line. In such instances, all areas directly between the building and the property line must be landscaped, with the exception of entrance walkways. The minimum ten-foot landscaped area shall be required for all other portions of the side and rear yard.
3. 
Along all public streets, landscaping within 10 feet of the proposed right-of-way line, or within 15 feet of the proposed curb, whichever is more restrictive, shall consist of sod only. This requirement shall not apply to any permitted use in a C-1 Zone nor to any single family residence in any zone.
d. 
Buffer Requirements.
[Amended 8-21-1996 by Ord. No. 1746]
1. 
Where any Multifamily or Townhouse residential use abuts a single family residential use, a minimum buffer area of 100 feet shall be provided on the multifamily or townhouse site.
2. 
Required buffer on residential "thru" lots. On any residential thru lot, a minimum ten-foot wide buffer shall be required along the street frontage at the architectural rear of the building if the street is classified as other than a minor street in the Master Plan. The buffer shall comply with the standards for a buffer as set forth in this chapter.
3. 
Abutting any Residential Zone. In all zones where commercial, office or industrial zone lines abut a residential zone, a buffer shall be established in the nonresidential zone as follows:
C-1
5 feet
C-2
50 feet
C-3
25 feet
C-4
100 feet
I-1
150 feet
O-1/20
5 feet
O-1/40
50 feet
O-1/80
100 feet
O-2
100 feet
Where any property in an R-3 Zone abuts a developed property in an I-1 Zone or a street which defines the zone boundary of the I-1 Zone, no new single family residence shall be permitted unless a buffer is provided along the residential property line within the R-3 Zone. Where such a buffer is required, the minimum buffer along any street line or rear yard of a proposed residence shall be 40 feet and the minimum buffer in any side yard shall be 30 feet. All required setbacks of the principal buildings shall be measured from the nearest point of the required buffer. Such buffers shall include a six-foot high solid architectural fence in addition to the required buffer planting. If located along a street line, the required six-foot high fence shall be set back a minimum of 20 feet from the street line and shall not be subject to the chapter height limitations regarding a fence in a front yard. In the case of a major subdivision where the property line abuts a street which serves as an I-1 Zone boundary, the required buffer area shall remain continuous along the frontage of the entire tract, and no street or driveway shall be constructed which provides direct access to the existing street which serves as the zone boundary. [Amended 2-19-1997 by Ord. No. 1764]
4. 
In any residential zone, where any nonresidential use abuts an existing single family residence or undeveloped residentially zoned property which is not part of a previously approved and constructed residential development, and where no buffer requirements are otherwise established for that use, a minimum buffer of 50 feet shall be established.
[Amended 10-8-1997 by Ord. No. 1781]
5. 
No Improvements can be made within a required buffer other than fencing, berming, and planting in accordance with this chapter.
[Amended 10-8-1997 by Ord. No. 1781]
6. 
Clearing or Grading Buffer Areas. Areas required for buffers shall not be cleared or graded prior to development approval as outlined in the Land Use Procedures portion of this chapter.
[Added 10-8-1997 by Ord. No. 1781]
e. 
Mulching Material. All planting beds shall be covered with a plastic or similar material to prevent weed growth. Mulching material such as wood chips or pine bark shall be placed on top of this material to a depth of at least four inches. The use of stone or any other artificial material in planting beds is specifically prohibited.
[Amended 8-21-1996 by Ord. No. 1746]
f. 
Design. Landscape plans shall be required for all Site Plans and shall only be prepared under the supervision of and signed by a Certified Landscape Architect, except for single and two-family homes, where no plan is required.
[Amended 8-21-1996 by Ord. No. 1746]
g. 
Landscaping Within a Street Right-of-way. In all zones, no groundcover, trees, shrubs, stone, or mulch shall be permitted within a street right-of-way. Only sod shall be permitted within the right-of-way.
[Amended 8-21-1996 by Ord. No. 1746]
[Adopted 1-8-1992 by Ord. No. 1564, amended 6-18-1992 by Ord. No. 1585]
The intention of these requirements is to provide standards for the protection of the health, safety and aesthetic values of adjacent property. All fences and walls over three feet in height shall require a permit. The Municipal Agency shall have the authority to waive or regulate fences at their discretion.
[Adopted 1-8-1992 by Ord. No. 1564]
Within the required sight triangle at the intersection of two or more streets no wall, fence, hedge or other structure shall be erected to a height in excess of two and one-half feet above curb level, nor any other obstruction to vision shall be permitted.
[Adopted 1-8-1992 by Ord. No. 1564, amended 8-21-1996 by Ord. No. 1746, 9-18-1996 by Ord. No. 1748, 12-4-1996 by Ord. No. 1754]
Except as otherwise permitted in this chapter, on any lot in any residential, commercial, or office district, the single or combined height of any wall or fence shall not exceed four feet in the required front yard nor more than six feet in the required side or rear yards. In an industrial zone, the single or combined height of any wall or fence shall not exceed four feet in the required front yard nor more than eight feet in the required side or rear yards.
In any zone, the height of any hedge or the combined height of any wall/hedge shall not exceed four feet in the required front yard. The hedge height in any side or rear yard is not limited.
The combined height of a wall, fence or hedge shall be measured from the base of the wall to the top of the fence or hedge if a wall, fence, or hedge are located closer than 10 feet to each other in the same required yard. Exceptions to this height restriction include:
a. 
Tennis court fences shall have a maximum height of 12 feet provided that they are located in a side or rear yard and provided that they are located no closer than 10 feet to a property line.
b. 
Swimming pool fences may have a maximum height of five feet in a front yard provided that they are located a maximum of 15 feet from the nearest point of the pool surface and are not located within any sight triangle at any street intersection or driveway.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
No fence in a residential zone shall be erected of barbed wire, or electrified or topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals.
b. 
No solid architectural fences or slatted chain link fences three feet in height or greater shall be permitted around tennis courts or within a front yard in any zone. A picket fence will be considered a solid fence if the openings between the slats are less than the width of the slats.
[Amended 9-18-1996 by Ord. No. 1748]
[Adopted 1-8-1992 by Ord. No. 1564]
In any zone, walls or fences erected shall be maintained in an aesthetically pleasing manner and any failure to do so shall be subject to the construction official's order to repair or replace the wall or fence in order to meet the requirements of this chapter.
[Adopted 1-8-1992 by Ord. No. 1564, amended 9-8-1996 by Ord. No. 1748, 1-7-2008 by Ord. No. 2083, 11-9-2009 by Ord. No. 2140]
There shall be a fence of a type approved by the construction official not less than four feet high completely enclosing any below-ground swimming pool, any above ground swimming pool four feet in height or greater, and any other swimming pool of 100 square feet of surface water area or more and which is less than four feet above the ground. Each gate in a pool fence shall be self-closing and capable of being locked when not in use.
[Adopted 1-8-1992 by Ord. No. 1564]
The finished side of all fences shall be on the outside facing away from the lot on which it is erected.
[Added 8-2-1995 by Ord. No. 1707]
The restrictions provided for in this section shall not apply to any premises owned by the Township, but any fence or wall or other such structure erected by the Township of Ocean to protect and secure Township owned property shall be subject to an informal review by the Ocean Township Planning Board prior to the erection thereof.
[Adopted 1-8-1992 by Ord. No. 1564]
As a condition to approval and as a condition to continuance of any business or building, process, installation, production or other use in any zone, the applicant shall supply evidence, satisfactory to the construction official or to his designated representative, that the proposed building, process, installation, production or other use will conform fully with all of the applicable performance standards. As evidence of compliance, the construction official may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The construction official may require that specific operation procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.
[Adopted 1-8-1992 by Ord. No. 1564]
No use shall be established, maintained or conducted that will cause any of the following:
a. 
Atmospheric Pollutants. Dissemination of toxic or noxious smoke, fumes, gas, dust, odor or any other atmospheric pollutant into the air to such a degree as to be detrimental to the health and welfare of residents in the area, as determined by State, regional and local requirements.
b. 
Waste Material. Discharge of any waste material whatsoever on the site or into any watercourse except in accordance with State, regional and local requirements.
c. 
Glare, Vibration and Noise. Dissemination of glare, vibration, and/or noise beyond the immediate site on which such use is conducted and in accordance with this chapter establishing noise performance and vibration standards.
d. 
Hazards. Hazard by reason of fires, explosion, radiation or similar cause to property in the same or adjacent zones. Safeguards for the health and safety of workers shall comply with all applicable regulations and requirements of the State Department of Labor and Industry.
e. 
Examination of Applications. All applications shall be examined by the municipality in regard to the effect of the proposed use upon the public health of the residents and the surrounding area in respect to any potential pollution of air, ground water, or ground resulting from the dissemination of smoke, chemicals, odors or dust from the industrial processes of the proposed use. A written report indicating the conformance with or violation of the performance standards shall be submitted to the Construction Official.
[Adopted 1-8-1992 by Ord. No. 1564]
No liquid wastes shall be discharged directly or indirectly into any watercourse in the municipality, except as herein provided. If the applicant proposes to construct facilities for the treatment of waste, he shall supply the following:
a. 
Certification in writing by the New Jersey Department of Environmental Protection that such proposed facilities are in compliance with applicable State laws and regulations; and
b. 
Certification in writing by the Municipal Engineer approving the installation of such facilities.
[Adopted 1-8-1992 by Ord. No. 1564]
No materials or waste shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer be allowed to enter any stream, watercourse or underground aquifer. All materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard, or which might be edible or otherwise attractive to rodents or insects shall be stored indoors in appropriate containers adequate to eliminate such hazards.
[Adopted 1-8-1992 by Ord. No. 1564]
No industrial waste shall be discharged into the public sewage collection and disposal system unless the Municipal Engineer and the appropriate sewerage authority shall have first investigated the character and volume of such waste and shall have certified in writing that it will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said authorities including the pre-treating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH, and other methods of improving such wastes prior to discharge, as a condition to acceptance by the said authorities.
[Adopted 1-8-1992 by Ord. No. 1564]
In order to satisfy itself that the applicant will comply with all of the applicable performance standards, the Municipal Agency or its designated representative may examine and refer to any or all of the available standards, codes, regulations and requirements, including but not necessarily limited to:
a. 
Laws, regulations and codes administered by the New Jersey State Department of Health.
b. 
Laws, regulations and codes administered by the New Jersey Department of Labor and Industry.
c. 
State of New Jersey Uniform Building Code.
d. 
Applicable standards of the United States Public Health Service.
e. 
Applicable standards of the Bureau of Mines, United States Department of the Interior.
f. 
Laws, regulations and codes administered by the New Jersey Department of Environmental Protection. If there is a conflict of the foregoing with local codes, the more restrictive shall apply.
g. 
Applicable property maintenance code or codes.
[Adopted 1-8-1992 by Ord. No. 1564]
A conditional use is a permitted use only as specified by this chapter and may be granted in accordance with the standards and specifications of this section. No permit shall be issued for a conditional use unless an application is submitted to and approved by the Planning Board. It shall be submitted and distributed in the same manner as prescribed for all applications in the Land Development Procedures portion of this Land Development Ordinance.
[Adopted 1-8-1992 by Ord. No. 1564; amended 1-26-2023 by Ord. No. 2407]
The following standards apply to conditional uses as permitted in specific zones. Where conditional use standards of this section conflict with standards of any other section of this chapter, the conditional use standards shall govern. Where requirements of the underlying zone are not specified as being required in the Conditional Use standards, they shall be applicable to the proposed development, but shall not be viewed as conditional use standards. Where the Conditional Use standards specifically require that the standards of the underlying zone apply, they shall be treated as Conditional Use standards.
[Adopted 1-8-1992 by Ord. No. 1564, amended 9-4-2014 by Ord. No. 2231]
Government buildings such as municipal buildings, parks, libraries, fire and/or first aid buildings, and schools shall provide the Planning Board with the following:
a. 
A set of plans, specifications and plot plan and a statement setting forth the need and purpose of the installation.
b. 
Proof that the proposed installation in a specific location is necessary and convenient for the efficiency of the proposed use or the satisfactory and convenient provision of service to the neighborhood or area in which the particular use is to be located; that the design of any building in connection with such facility conforms to the general character of the zone and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which is it located; that adequate and attractive fences and other safety devises will be provided and that sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.
c. 
Where this conditionally permitted use subject to the approval of the Planning Board and the requirements of any other section of this chapter conflict with those listed in this section, the requirements of this section shall govern.
d. 
Maximum Permitted Building Heights: 45 feet.
[Added 7-14-2016 by Ord. No. 2276]
[Adopted 1-8-1992 by Ord. No. 1564, amended 8-21-1996 by Ord. No. 1746, 6-18-1997 by Ord. No. 1773, 1-7-2008 by Ord. No. 2083, 6-16-2008 by Ord. No. 2103]
a. 
All such uses shall comply with the following bulk standards:
Minimum lot area
2 acres
Minimum lot width
200 feet
Minimum lot depth
200 feet
Minimum front yard setback
25% of lot depth, but no more than 65 feet
Minimum side yard setback
50 feet
Minimum rear yard setback
20% of lot depth, but no more than 75 feet
Maximum lot coverage
30%
Maximum building height
2 stories above grade or 35 feet, whichever is less
b. 
Where parking areas are adjacent to a residential zone, a twenty-five-foot wide buffer strip shall be provided.
c. 
A single accessory dwelling unit shall be permitted for the purpose of housing a caretaker or similar on-site maintenance or security personnel, or clergy. In the event such dwelling unit is provided, the minimum required lot area, as listed in Subsection 21-51.2a above, shall be increased by the minimum lot area required for a single family residential unit in the subject zone. In the event that the facility is located in a zone which does not permit single family residential uses, the minimum lot area shall be increased by 10,000 square feet. No other residential use is permitted.
[Added 12-4-1996 by Ord. No. 1754]
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Drive-in or fast food establishments may be free-standing or part of a larger shopping center. When part of a larger shopping center, such establishment may be located on a portion of the lot which is dedicated solely to the use. Such free-standing lot or portion of a larger shopping center lot must meet all of the following requirements:
Minimum lot area: 40,000 square feet
Minimum lot width: 175 feet
Minimum lot depth: 200 feet
b. 
There shall be no access to rest rooms from the exterior of the building.
c. 
There shall be adequate trash receptacles outside the building for use of patrons.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Minimum lot area: 40,000 square feet.
b. 
Minimum lot width: 200 feet.
c. 
Minimum lot depth: 175 feet.
d. 
Minimum front yard setback: 75 feet.
e. 
Minimum side yard setback: 25 feet.
f. 
Minimum rear yard setback: 45 feet.
g. 
Minimum gross floor area: 5,000 square feet.
h. 
Maximum lot coverage: 27% of buildable lot area.
i. 
Maximum floor area ration: 40%.
j. 
Maximum building height: two stories above grade or 30 feet, whichever is less.
[Adopted 1-8-1992 by Ord. No. 1564, amended 6-29-2000 by Ord. No. 1861]
a. 
TBA stores, commonly known as tire, battery and accessory stores, shall be permitted within any planned commercial development in a C-4 Zone. A TBA store shall be similar to an automotive service station except that the retail sales of gasoline shall not be permitted. TBA stores shall be subject to the following conditions:
1. 
Such stores shall be located in the same building as the principal use with which it is associated.
2. 
Such stores shall sell tires, batteries and automobile accessories only, and may install the merchandise sold on the premises. Such stores may also perform minor services such as oil changes, wheel alignment, balancing, and brake lining replacement or similar minor services.
3. 
No automobile body work nor major mechanical repairs may be performed at any such facility.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Such facility may be free-standing and located on a separate lot, and shall consist of a building containing rooms for transient lodging only, and also may provide personal services incidental thereto, including meals and entertainment, and meeting rooms. No guest room shall contain kitchen facilities of any sort.
b. 
Each hotel/motel shall meet the minimum lot area, width, depth, lot coverage, and floor area ratio requirements of the O-1/80 Zone. All other requirements, including the setback requirements, of the C-4 Zone apply.
[Adopted 1-8-1992 by Ord. No. 1564]
Public utility uses and installations, above and below ground, such as transmission lines, water storage tanks, towers, pumping stations and substations, shall provide the Planning Board with the following:
a. 
A set of plans, specifications and plot plan and a statement setting forth the need and purpose of the installation.
b. 
Proof that the proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
c. 
Proof that the design of any building in connection with such facility conforms to the general character of the zone and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located; that adequate and attractive fences and other safety devices will be provided and that sufficient landscaping including shrubs, trees, and lawn are provided and will be periodically maintained.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
With the exception of the landscape plants, shrubs, and trees, all materials shall be contained within a building, except that open storage and sales areas may be maintained in a side or rear yard provided that such open storage and sales areas are contiguous to the building and are encircled by a fence of a design which is homogenous to the adjacent building. Such materials shall be no closer than 10 feet to any property line.
b. 
A six-foot high solid fence shall be so designed as to screen all materials and supplies, except plant materials, from public view.
c. 
Plant materials may be displayed openly in any side or yard, but not within 10 feet of any side or rear property line.
[Adopted 1-8-1992 by Ord. No. 1564, amended 9-3-1997 by Ord. No. 1779]
a. 
Minimum lot area, lot frontage and lot coverage shall be as follows:
SCHEDULE
MINIMUM LOT SIZE
MINIMUM LOT FRONTAGE
MAXIMUM BUILDING COVERAGE
Automotive Gasoline Station
30,000 square feet
150 feet
10% Buildings 30% Building & Canopy
Automotive Service Station
40,000 square feet
200 feet
10% Building 30% Building & Canopy
Automotive Gasoline Station/C-Store
65,000 square feet
300 feet
5% Building** 25% Building & Canopy
Notes: ** The maximum permitted building size for an automotive gasoline station/C-store shall be 4,000 square feet, including offices, rest rooms and storage
b. 
No automotive gasoline stations, automotive service stations, or automotive gasoline stations/C-store shall be located on a site which has frontage on both Route 35 and either West Park Avenue, Deal Road or Sunset Avenue. Automotive gasoline stations/C-stores shall be permitted only on sites which have frontage on Route 35.
c. 
Canopies. A cantilevered cover or canopy may be permitted to extend into the front yard provided that the roof of the canopy is at least 25 feet from any front property line (in order to maintain the required twenty-five-foot wide landscaped area along the front property line) and maintains the required side and rear yard setbacks of the zone. Any kiosk located beneath a canopy shall be located no closer than 50 feet from any front property line.
d. 
Curb Cuts and Driveways.
1. 
On a corner lot, a driveway shall be at least 25 feet from the street intersection as measured along the property line.
2. 
Driveways shall be no less than 25 feet and no more than 35 feet wide. The driveway shall be flared or slanted at the curbline to facilitate auto ingress and egress.
3. 
Curb cuts shall be no less than 25 feet from any property line. Where County or State standards apply, the stricter standard shall prevail.
4. 
Any two driveways giving access to a single street shall be separated by a curbed island of at least 20 feet.
5. 
There shall not be more than two curb cuts providing access to any one street.
e. 
Signs.
1. 
Free-Standing Signs.
(a) 
Automotive gasoline stations, automotive service stations shall be permitted one free-standing or one pylon sign. Such sign may advertise: the name of the automotive station; the principal products sold on the premises including any special company or brand names, insignia, and emblem; and the price of gasoline. Such sign shall not exceed 50 square feet in area.
(b) 
Automotive gasoline stations/C-stores shall be permitted additional sign area on the above free-standing sign. The total area of one side of such sign, including all information permitted in Subsection a above, shall not exceed one square foot for each linear foot the convenience store building sits back from the front street property line, provided that no sign shall exceed 100 square feet in area.
(c) 
All signs shall comply with the chapter requirement for setback from a property line and shall be not less than 10 nor more than 20 feet above the ground.
2. 
Facade Sign. One facade sign shall be permitted for each street frontage and shall not exceed 8% of the area of the facade on which it is located.
3. 
Canopy Signs. Signs shall be permitted on up to two sides of a canopy, for the purpose of advertising the name of the gasoline company only, provided that the sign does not occupy more than 1/4 of the length of the face of the canopy on which it is located and does not extend above or below the face of the canopy.
4. 
Other. Other signs is that may be required by State and Federal law shall be allowed.
f. 
Lighting. All lighting shall be so designed, arranged and installed as to reflect all light down and away from adjoining properties and streets and highways. No string of multiple lights shall be permitted. Lighting under a canopy shall be recessed and directed downward.
g. 
Pavement. All parking, access and driveway areas shall be paved with a permanent surface such as macadam with proper drainage so as not to affect adjacent property owners.
h. 
Location of Pumps. All pump islands shall be a minimum of 25 feet from any property line.
i. 
The retail sale of food and other non-automotive related items, including vending machines, is prohibited at automotive gasoline stations and automotive service stations. The sale of such items is permitted at automotive gasoline station/C-stores to the extent described in the definition of automotive gasoline station/C-store in this chapter. Outdoor display of products for sale or rental, including convenience household, beverages and food items at "C-stores," shall not be permitted.
j. 
Accessory Buildings and Uses.
1. 
Accessory buildings shall not be permitted. All lifts, lubrication equipment, service pits and automotive related goods for sale shall be enclosed within the principal service station building.
2. 
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automotive gasoline or automotive service station shall be prohibited.
3. 
The storage of cars, trucks, trailers, boats or any other vehicle not being serviced or repaired on the premises of an automotive gasoline station or automotive service station shall be prohibited.
4. 
Storage of any vehicle requiring body work, or which is inoperable because of major repairs required, shall not be permitted.
5. 
The storage of inoperable vehicles, classified as junk cars or those not currently registered with the State of New Jersey shall not be permitted.
k. 
Trash and Garbage. A solid enclosed area shall be provided for the temporary storage of trash, garbage, tires, and unusable automotive parts. Except for tires, all trash shall be stored in tight containers. The enclosed area shall be so designed that the trash shall not be seen from a public street or from adjoining properties. Adequate trash receptacles shall be provided adjacent to parking areas for "C-stores".
l. 
Screening. The site shall be screened by a minimum six-foot high solid evergreen planting or combination of solid evergreen planting and fence on all sides except within the required front yard setback. Such screening shall not extend into the required sight triangle for any access drive.
m. 
Special regulations for automotive gasoline station/C-stores. There shall be no counters, tables or seating for the consumption of food or beverage items either within the building or outside the building. Drive-through windows shall not be permitted. The preparation of foods on site which are not specifically permitted by the definition of automotive gasoline station/C-store, shall not be permitted. The purpose of these regulations is to promote the public safety by limiting those situations where customers will eat prepared foods such as sandwiches, hamburgers, hot dogs, pizza, soups and similar items while driving, and by facilitating the function and safety of the site by limiting the amount of time customer vehicles will remain on site at the gasoline pump islands or in parking spaces.
[Adopted 1-8-1992 by Ord. No. 1564, amended 9-18-1996 by Ord. No. 1748, 4-14-2008 by Ord. No. 2093]
a. 
Automotive sales and automotive sales and service (cars and vans only), automotive sales and service (cars, vans, and trucks) and automotive rentals and leasing uses shall maintain the following bulk requirements:
Automotive Sales Service
(cars and vans only)
Automotive Sales and Services
(cars, vans and trucks)
Automotive Rentals and Leasing
1.
Minimum lot area
2 acres
4.5 acres
1 acre
2.
Minimum lot width
200 feet
200 feet
200 feet
3.
Minimum lot depth
200 feet
200 feet
175 feet
4.
Minimum front yard setback
100 feet
100 feet
100 feet
5.
Minimum side yard setback
50 feet
50 feet
50 feet
6.
Minimum rear yard setback
45 feet
45 feet
45 feet
7.
Minimum gross floor area
5,000 square feet
5,000 square feet
2,000 square feet
8.
Maximum lot coverage
27% of buildable lot area
27% of buildable lot area
27% of buildable lot area
Maximum building height
2 stories above grade or 30 feet, whichever is less
2 stories above grade or 30 feet, whichever is less
2 stories above grade or 30 feet, whichever is less
b. 
No used or rental cars shall be displayed in the required front yard.
c. 
No signs, numbers, letters, or similar displays, whether painted or otherwise, shall be permitted within the windows of any vehicles on display.
d. 
All vehicles shall be displayed at ground level. No raised platforms of any sort shall be permitted for the purpose of displaying vehicles, and no vehicles shall be raised off the ground in any manner for the purpose of display. This requirement shall be retroactive and shall apply to all automotive sales and services and automotive rentals and leasing uses in the Township.
e. 
On those lots of 4.5 acres in area or greater where truck sales (as defined in § 21-6, "Automotive sales and service") are permitted, no trucks shall be on display within the required front yard setback and no trucks shall be displayed on any portion of the lot with truck beds in a raised position.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Minimum lot area for a car wash shall be not less than one acre.
b. 
Adequate off-street automobile stacking area which shall not be less than 15 spaces per bay for a drive-through car wash, and two spaces per bay for a self service car wash, shall be provided. Such stacking system shall in no way hinder or impair normal traffic flow on adjoining property or public right-of-way.
c. 
In addition to the stacking area, one parking space per employee on maximum shift shall be required.
[Adopted 1-8-1992 by Ord. No. 1564]
Quasi-public uses such as clubs, social organizations, and other public gathering places not publicly owned, not commercial in nature, and not specifically listed in this section, shall adhere to the following:
a. 
Minimum lot area shall be 40,000 square feet.
b. 
Where parking areas are adjacent to a residential zone or use, a twenty-five-foot wide buffer shall be provided.
[Adopted 1-8-1992 by Ord. No. 1564]
These requirements shall not apply to similar uses in a C-4 Zone which are part of a planned commercial development.
a. 
A twenty-foot wide fire access strip shall be established along all side and rear property lines, inside any required buffer or landscaped area, in addition to required buffers. Said strip shall be free of obstructing structures, parking or loading areas. Access to the strip shall be maintained from a public street and it shall be paved in an aesthetic fashion and in a manner suitable to support emergency vehicles.
b. 
All materials shall be contained within a building except that open storage and sales areas may be maintained in a side or rear yard provided that such open storage and sales areas are contiguous to the building and are encircled by a fence of a design which is homogeneous to the adjacent building.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Retail specialty shops shall have a maximum of 3,600 square feet per store.
b. 
Retail specialty shops shall not occupy a gross floor area of more than 37.5% of the gross floor area of the building within which they are located.
[Adopted 1-8-1992 by Ord. No. 1564]
The construction of new billboard signs shall not be permitted in the Township of Ocean. The continued existence of billboard signs which were lawfully in existence on the date of adoption of this chapter, shall be permitted to continue provided they comply with the provisions of N.J.S.A. 54:40-50 et seq. and further provided that:
a. 
A billboard sign which has been destroyed by fire or other casualty to an extent greater than 50%, or the relocation of which is required by virtue of a condemnation by a government agency, or for which permission to locate has lapsed or been revoked by a landowner, may be rebuilt or relocated on the same property or other property subject to the following:
1. 
The rebuilt or relocated billboard sign or signs shall be no larger than the original billboard sign or signs which are replaced nor shall there be an increase in the number of signs.
2. 
For the purposes of determining required setbacks, a billboard shall be considered a principal building and shall maintain the required setbacks for the principal building of the zone within which it is located.
3. 
Each rebuilt or relocated billboard sign shall be landscaped with suitable plant materials so as to provide a pleasing visual environment for the sign structure and surrounding area while permitting an unencumbered view of the advertising message. In the event that the relocation of any sign involves the removal of trees or other shrubbery, same shall be permitted, but to the extent possible such trees and shrubbery shall be relocated or replaced to minimize the loss of such vegetation on the site.
4. 
The relocation of billboard signs permitted under this subsection shall only be permitted in the Highway Commercial (C-2), General Commercial (C-3) and Regional Commercial (C-4) Zones in the Township.
5. 
At the intersection of Route 66 and Route 18 no billboard sign may be located within 660 feet of the Route 18 right-of-way. In all cases, no billboard sign may be placed or oriented to seek attention from drivers utilizing Route 18 in order to protect the noncommercial character of Route 18.
6. 
Any relocated billboard sign, in addition to complying with all building line setback requirements, shall be located in such a way as to not obstruct the vision of drivers or pedestrians at intersections of streets or highways with other street or highways or driveways, access ways, alleys or pedestrian crosswalks.
7. 
A relocated billboard may not exceed the following dimensions depending upon its size prior to relocation:
(a) 
Six feet x 12 feet.
(b) 
Twelve feet x 25 feet.
(c) 
Twelve feet x 50 feet.
No relocated billboards including supports may exceed a height of 25 feet above the grade of land on which the sign is located.
8. 
No more than 12 feet x 50 feet of billboard advertising space may exist facing any one direction. There shall be at least 500 feet between any two such advertising locations.
9. 
Construction of any rebuilt or relocated billboard must be completed within two years after the removal or destruction of the billboard it replaces. If this time period lapses the right to a billboard site is lost by the owner.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
The site shall be located with frontage on Monmouth Road, in the portion of the Monmouth Road Corridor between West Park Avenue and Roosevelt Avenue.
b. 
Minimum lot area: 10,000 square feet.
c. 
Minimum lot width: 100 feet.
d. 
A maximum of 600 square feet of office space is permitted.
e. 
No more than one nonresident employee is permitted on the premises at any one time.
f. 
Off-street parking is to be provided in a manner consistent with a residential use, except that no parking shall be permitted in a front yard. Parking area striping shall not be permitted.
Parking areas may be curbed with curbs a maximum height of three inches above the paved surface. Formally designed parking areas shall not be required, however all parking areas and drive areas shall be designed to permit automobiles to turn around on a site in order to prevent backing out onto Monmouth Road.
g. 
Minimum buffers of 25 feet are required along any rear yard and 10 feet along any side yard.
h. 
A home/office permit from the Township shall be required and shall be renewed annually. Such permit shall require an annual inspection of the premises in order to determine that the use is compliance with the provisions of this chapter. The annual fee for the home/office permit shall be $50.
i. 
One free-standing identification sign shall be permitted, provided that the sign: be no closer than 10 feet to any property line; not be illuminated; be hung from a cantilevered post; be made of wood; and consist of muted colors. Fluorescent or bright colors shall be prohibited. All signs shall meet with the approval of the Architectural Review Committee, if established.
j. 
The exterior of the building shall meet the requirements of the Architectural Review Committee as established for the Monmouth Road Corridor. In the absence of an architectural review committee or standards, the building shall comply with the existing architectural character of the area.
k. 
Permitted professional offices are those which do not generally require client visits to the site, such as architects, accountants, engineers, professional planners, design professionals, and attorneys. Medical and dental offices are specifically prohibited.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Each child day-care center shall be licensed by the New Jersey State Division of Youth and Family Services or other organization with which the Division contracts for Family Day Care or Child Care.
b. 
Each child day-care center shall have an accessible outdoor play area which is demonstrated, by the applicant, to be safe and adequate to meet the needs of the child day-care center.
c. 
Each child day-care center shall have a conveniently located area which shall be for the purpose of allowing parents or guardians to park their car while escorting the child into the day care facility.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Family day care homes shall be permitted only in those areas where home professional offices are permitted as a principal or conditional use.
b. 
No more than one nonresident employee is permitted on the premises at any one time.
c. 
Off-street parking is to be provided in a manner consistent with a residential use.
d. 
A fence or vegetative screen shall be provided along any rear and side yard.
[Adopted 1-8-1992 by Ord. No. 1564 as former Subsection 21-51.21, Outdoor Recreational uses in an R-1 Zone, deleted 8-21-1996 by Ord. No. 1746, reestablished 9-18-1996 by Ord. No. 1748]
a. 
Minimum lot area: 10 acres.
b. 
Minimum lot width: 500 feet.
c. 
Minimum lot depth: 600 feet.
d. 
Minimum front yard setback: 100 feet.
e. 
Minimum side yard setback: 100 feet from existing residences or undeveloped residentially zoned property; 60 feet from all other property.
f. 
Minimum rear yard setback: 100 feet from existing residences or undeveloped residentially zoned property; 60 feet from all other property.
g. 
Maximum floor area ratio: 25%.
h. 
Minimum required buffer from existing residences and undeveloped residentially zoned properties: 60 feet.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
The site must be designated, on the Master Plan Land Use Plan, as a senior citizen housing site.
b. 
A maximum density of 20 units per acre is permitted.
c. 
Except as noted below, all setback and bulk requirements of the R-1 Zone shall apply.
d. 
A minimum buffer of 25 feet shall be provided on all side and rear property lines.
e. 
Minimum distance between buildings: 35 feet between any two front facades or any front facade with a side or rear facade; 35 feet between any two side or rear facades.
f. 
Minimum setback from parking are: 10 feet.
g. 
Maximum building length: 150 feet.
h. 
Maximum units per structure: 24.
i. 
Minimum unit size:
1. 
Efficiency: 550 square feet.
2. 
One Bedroom: 650 square feet.
3. 
Two Bedroom: 750 square feet.
j. 
Each principal building shall:
1. 
Not allow or contain outside television antenna. All television antenna equipment shall be built into the building to eliminate individual television antennas from being erected on the roof.
2. 
Provide, in an enclosed storage area, with a minimum vertical clearance of five feet, or not less than 400 cubic feet of storage for each unit in the building.
3. 
Not fail to provide, in an enclosed area, laundry facilities of not less than one washer and one dryer for each 10 dwelling units for the exclusive use of the occupants of the building, unless washers and dryers are provided within each unit. No outside clothes lines or clothes hanging facilities or devices shall be provided or allowed.
4. 
There shall be a trash and recyclable storage area completely surrounded by a six-foot high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence. All accessory apparatuses shall be similarly enclosed.
k. 
Indoor and outdoor recreation facilities, of adequate size to serve the occupants, shall be provided. An indoor recreation area, consisting of a minimum of 3% of the gross floor area of all residential units, but not less than 1,600 square feet, shall be provided. Outdoor leisure and recreation area, consisting of a minimum of 50 square feet per dwelling unit, shall also be provided.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
The applicant must demonstrate that the retail use is directly related to the industrial use of the site. For example, if the industrial use is a manufacturing or warehousing use, the retail use may sell the products which are manufactured or warehoused.
b. 
The retail use may occupy no more than 10% of the floor area of the Industrial use, but in no case more than 3,500 square feet. The "floor area of the industrial use" utilized to calculate the permitted floor area for the accessory retail use shall include the total floor area of building or buildings on a site which are utilized for the specific industrial use in question, including the area to be utilized for retail use.
c. 
Parking shall be provided at a rate of one parking space per 200 square feet of retail space, in addition to the parking required for the industrial use.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Limited retail and service uses may not be free-standing, and must be located within an approved office building.
b. 
Limited retail and service uses (including pro-rated common space) may occupy no more than 35% of the gross floor area of the building within which they are located.
c. 
The floor area ratio of the development on the site may be increased to 45% provided:
1. 
Where the floor area ratio exceeds 30%, the floor area dedicated to retail and service use is equal to or greater than 1/2 of the floor area which exceeds 30%. Common space within the building shall be pro-rated to determine the total retail and service space.
2. 
The minimum percentage landscaped area required shall be increased by 1% of the lot area for each 1% the floor area ratio exceeds 30%.
d. 
There shall be no additional parking spaces required for any retail and service use space where that retail space exceeds a 30% floor area ratio. For example, if the floor area ratio of building is 34%, and retail and service uses (including pro-rated common space) occupy a floor area ratio of 6%, parking shall not be required for those retail uses occupying a floor area ratio of 4%.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Farms shall be a minimum of five acres in area.
b. 
No farm activity, structure or use, except fencing, shall be located within 25 feet of any residentially zoned property.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Location of Satellite Antenna Dishes.
1. 
Satellite antenna dishes for single family residential uses shall be located in the rear yard only.
2. 
Satellite antenna dishes for other than single family residential uses must be located in a side or rear yard, or on the roof of a principal building.
b. 
All satellite antenna dishes must be set back a minimum of 10 feet from any property line, or the toppling distance of the dish, whichever is greater.
c. 
Ground mounted satellite antenna dishes must be screened from view from adjacent properties and from all public streets by a solid screening of evergreen trees, spaced a minimum of eight feet apart and a minimum height of eight feet at planting.
Roof mounted satellite antenna dishes must be screened from public view by architectural means consistent with the architecture of the building.
d. 
All satellite antenna dishes must be permanently installed. Portable units are prohibited.
e. 
The maximum diameter of a satellite antenna dish in any residential zone shall be 10 feet.
f. 
Satellite antenna dishes used for the purpose of transmitting shall be prohibited in any residential zone.
[Added 6-18-1992 by Ord. No. 1585, amended 6-18-1992 by Ord. No. 1588]
a. 
A movie theater shall only be located within a shopping center with a minimum total lot area of 15 acres.
b. 
A movie theater shall be designed so that there is an area directly adjacent to the movie theater which is reserved for the drop-off and pick-up of patrons. Such areas shall be separated from parking areas and be situated so that any person being dropped off or picked up does not cross a parking area or drive aisle. The areas should be identified with signs stating "Drop-off and pick-up area only, no parking".
c. 
A movie theater shall be permitted one free-standing sign (in addition to the free-standing sign permitted for the shopping center) which shall comply with the following provisions:
1. 
The sign shall be located a minimum of 200 feet from the shopping center's freestanding sign as permitted under § 21-44 of this chapter.
2. 
The sign shall have a maximum area of 100 square feet on one side.
3. 
The sign shall have a maximum height of 20 feet.
4. 
All other provisions of § 21-44 shall apply.
[Added 11-16-1992 by Ord. No. 1608, amended 11-9-2009 by Ord. No. 2140]
Such facilities may include rehabilitation, therapy, education, vocational training, supported employment, related administrative services, and child care and similar services related to the primary function of the facility.
a. 
Minimum lot area: five acres.
b. 
Minimum front yard setback: 100 feet.
c. 
Minimum rear yard setback: 45 feet.
d. 
Minimum side yard setback: 45 feet.
[Added 1-5-1994 by Ord. No. 657]
Principal permitted uses in the I-1 Zone with the exception of manufacturing, fabrication and assembly of light machinery and products; and, professional, general business, and corporate office uses in an O-1/80 Zone.
a. 
The parcel shall be located as follows:
1. 
One property line shall abut the I-1 Zone;
2. 
The site shall be within the portion of the O-1/80 Zone which is located between the C-4 Zone and the I-1 Zone.
b. 
Bulk requirements shall be as follows:
1. 
Minimum lot area: four acres.
2. 
Minimum lot width: 250 feet.
3. 
Minimum lot depth: 400 feet.
4. 
Minimum front yard setback: 100 feet.
5. 
Minimum side yard setback: 50 feet.
6. 
Minimum rear yard setback: 75 feet.
7. 
Minimum gross floor area: 5,000 square feet.
8. 
Maximum lot coverage: 27% of buildable lot area.
9. 
Floor area ratio: 30%.
10. 
Maximum building height: 35 feet.
c. 
The exterior of the building as viewed from public streets and adjacent properties in the C-4 and O-1/80 Zone must have the appearance of an office use.
d. 
All loading areas must be completely screened from public streets and all properties located in the C-4 and O-1/80 Zones.
e. 
Outside storage of supplies or materials shall be prohibited.
[Added 6-18-1997 by Ord. No. 1773, amended 8-6-1997 by Ord. No. 1776, 11-4-1998 by Ord. No. 1814]
a. 
Requirements for Public and Parochial Schools in the R-1, R-1T, R-3/PRD, AR-3/PRD, and R-7 Zones.
1. 
Bulk Requirements for Public and Parochial Schools.
Minimum lot area
10.0 acres plus 1 acre per 50 students for all students in excess of 500 students
Minimum lot width
400 feet
Minimum lot depth
400 feet
Minimum front yard setback
100 feet
Minimum side yard setback
75 feet
Minimum rear yard setback
75 feet
Maximum floor area ratio
20%
Maximum building height
3 stories above grade or 35 feet, whichever is less
2. 
Where driveways, parking areas or play areas are adjacent to a vacant or residential property in a residential zone, a buffer strip with a width equal to five feet for every acre of land, rounded to the nearest acre, shall be provided along all side and rear lot lines except as follows:
The required buffer on each side yard may be reduced to 20% of the distance between side lot lines at any point where the buffer width, as required above, exceeds 20% of the distance between side lot lines at that point;
The required buffer on rear yards may be reduced to 20% of the distance between front and rear lot lines at any point where the buffer width, as required above, exceeds 20% of the distance between the front and rear lot lines at that point;
Regardless of the above, the minimum required buffer shall be not less than 50 feet and the maximum required buffer shall be not more than 100 feet.
b. 
Requirements for Public and Parochial schools in the R-2 and R-3 Zones and Boarding Schools in the R-2 Zone.
1. 
Bulk Requirements for Public and Parochial Schools.
Minimum lot area
7.0 acres plus 1 acres per 50 students for all students in excess of 350 students
Minimum lot width
250 feet
Minimum lot depth
200 feet
Minimum front yard setback
50 feet
Minimum side yard setback
40 feet
Minimum rear yard setback
60 feet
Maximum floor area ratio
25%
Maximum building height
2 stories above grade or 30 feet, whichever is less
2. 
Where driveways, parking areas or play areas are adjacent to a vacant or residential property in a residential zone, a buffer strip with a width equal to five feet for every acre of land, rounded to the nearest acre, shall be provided along all side and rear lot lines except as follows:
The required buffer on each side yard may be reduced to 20% of the distance between side lot lines at any point where the buffer width, as required above, exceeds 20% of the distance between side lot lines at that point;
The required buffer on rear yards may be reduced to 20% of the distance between front and rear lot lines at any point where the buffer width, as required above, exceeds 20% of the distance between the front and rear lot lines at that point;
Regardless of the above, the minimum required buffer shall be not less than 25 feet and the maximum required buffer shall be not more than 100 feet.
3. 
Additional Requirements for Boarding Schools in the R-2 Zone.
(a) 
No more than 80 persons, including but not limited to staff and boarding students, shall be permitted to remain on site between the hours of 12:00 a.m. (midnight) and 6:00 a.m.
(b) 
Boarding students shall be in grades 9 through 12 and in no case shall a boarding student be older than 18 years of age at the beginning of the academic year.
(c) 
There shall be no outdoor lighting of playfields or recreation areas after dusk, except that lighting shall be permitted for security purposes only, and shall be limited to that lighting which is specifically permitted by the reviewing Municipal Agency, and is shown on an approved site plan.
(d) 
There shall be no outdoor recreational or group activities after 9:00 p.m.
(e) 
Students shall be prohibited from having pets or automobiles on site at any time.
c. 
Requirements for Public and Parochial Schools in the R-4, R-4HO, R-5, and R-6 Zones.
1. 
Bulk Requirements for Public and Parochial Schools.
Minimum lot area
2.0 acres plus 1 acre per 50 students for all students in excess of 150 students
Minimum lot width
200 feet
Minimum lot depth
200 feet
Minimum front yard setback
50 feet
Minimum side yard setback
40 feet
Minimum rear yard setback
60 feet
Maximum floor area ratio
30%
Maximum building height
2 stories above grade or 30 feet, whichever is less
2. 
Where driveways, parking areas or play areas are adjacent to a vacant or residential property in a residential zone, a buffer strip with a width equal to five feet for every acre of land, rounded to the nearest acre, shall be provided along all side and rear lot lines except as follows:
The required buffer on each side yard may be reduced to 20% of the distance between side lot lines at any point where the buffer width, as required above, exceeds 20% of the distance between side lot lines at that point;
The required buffer on rear yards may be reduced to 20% of the distance between front and rear lot lines at any point where the buffer width, as required above, exceeds 20% of the distance between the front and rear lot lines at that point;
Regardless of the above, the minimum required buffer shall be not less than 25 feet and the maximum required buffer shall be not more than 100 feet.
3. 
Additional Requirements for Boarding Schools in the R-4 Zone.
(a) 
No more than 50 persons, including but not limited to staff and boarding students shall be permitted to remain on site between the hours of 12:00 a.m. (midnight) and 6:00 a.m.
(b) 
Boarding students shall be in grades 9 through 12 and in no case shall a boarding student be older than 18 years of age at the beginning of the academic year.
(c) 
There shall be no outdoor lighting of playfields or recreation areas after dusk, except that lighting shall be permitted for security purposes only, and shall be limited to that lighting which is specifically permitted by the reviewing Municipal Agency, and is shown on an approved site plan.
(d) 
There shall be no outdoor recreational or group activities after 9:00 p.m.
(e) 
Students shall be prohibited from having pets or automobiles on site at any time.
[Added 7-2-1997 by Ord. No. 1775]
Accessory warehouses shall be permitted as conditional uses in the C-5 Zone, subject to the following conditions:
a. 
The warehouse shall be located in a building which is utilized for retail sales and display, and a minimum of 1/3 of the floor area of said building shall be utilized for retail sales and display.
b. 
The warehouse shall be accessory to a principal retail sales and display use which is located in the same building. The subject warehouse may also be used for storage for goods sold at other similar retail sales and display uses which are owned and operated by the same individual or company which operates the above principal retail commercial use.
c. 
No portion of an accessory warehouse shall be located within 70 feet of the front facade of the building, and the facade treatment shall be consistent on all sides of the building.
d. 
Loading areas shall be located on the side or rear of the building, provided that no loading area shall be located within 150 feet of Seaview Square Drive, and all loading areas shall be screened from view from adjacent properties by a planting screen. Such planting screen shall consist of a minimum of two rows of evergreen trees, spaced 10 feet apart and 10 feet on centers and a minimum of six feet high at planting. Loading areas shall also be screened from view of public streets as fully as practicable by a solid planting of evergreen trees, a minimum of six feet in height at planting, within the line of sight between the loading area and the public street, except within driveways. Evergreen trees in such planting screens shall be massed so that they overlap in order to ensure full screening. Where such a planting screen is provided along the property line, there shall be no requirement for shade or flowering trees.
[Added 7-2-1997 by Ord. No. 1775, amended 9-16-1998 by Ord. No. 1810]
a. 
Indoor recreational facilities may include facilities for indoor field and court sports such as tennis, basketball, soccer, roller hockey. Accessory uses such as spectator seating, a snack bar, a pro-shop, locker rooms, management offices, and other accessory uses clearly incidental to the indoor recreational uses in the facility are also permitted.
b. 
All access shall be from Cindy Lane or a collector street as designated in the Township Master Plan.
c. 
Bulk Requirements.
Minimum lot area
4 acres
Minimum lot width
250 feet
Minimum setbacks:
Principal building
Front yard-50 feet, except that where a building line is not parallel to a street line, 1 corner of the building may be set back a minimum of 30 feet provided the height of the building at any point does not exceed the setback at that point, and provided the average front setback is at least 10 feet greater than the maximum height of the building
Side and Rear Yard
50 feet from existing developed single family residential lots or undeveloped residentially zoned property which is not part of a previously approved and constructed residential development; 15 feet from all other property
Maximum floor area ratio
25% of total lot area
Maximum building height
40 feet
[Added 6-17-1998 by Ord. No. 1799, amended 7-29-1998 by Ord. No. 1809; 9-16-1998 by Ord. No. 1810; 3-15-2000 by Ord. No. 1851; 1-10-2001 by Ord. No. 1881; 4-28-2022 by Ord. No. 2383]
a. 
Principal or Accessory Use. Wireless telecommunications towers and antennas may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
b. 
Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
c. 
Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Township as part of the application an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township of Ocean or within one mile of the border thereof including specific information about the location, height and design of each tower. The Township may share such information with other applicants applying for approvals under this section or other organizations seeking to locate within the jurisdiction of the Township of Ocean provided, however that the Township, by sharing such information, in no way represents that such sites are available or suitable.
d. 
Aesthetics. Towers and antennas shall meet the following requirements:
1. 
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA be painted a neutral color so as to reduce visual obtrusiveness.
2. 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
3. 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
e. 
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
f. 
Signs. No signs shall be allowed on an antenna or tower.
g. 
Maximum Height. The tower shall meet the following maximum height and usage criteria:
1. 
For a single user, up to 90 feet in height;
2. 
For two users, up to 120 feet in height; and,
3. 
For three or more users, up to 150 feet in height.
A licensed professional engineer must certify that the tower can structurally accommodate the number of shared users proposed by the applicant.
h. 
Additional Information. In addition to any information required for applications for site plan review pursuant to this chapter, applicants for approval of a tower shall submit the following information:
1. 
A location plan drawn to scale and clearly indicating the location, and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning including all properties within the applicable separation distances set forth in this subsection, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.
2. 
Legal description of the parent tract and leased parcel (if applicable).
3. 
The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.
4. 
The separation distance from other towers described in the inventory of existing sites submitted pursuant to this subsection shall be shown. The applicant shall also identify the type construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
5. 
A landscape plan showing specific landscape material by type, height, size and number.
6. 
Method of fencing, including type, height, and color.
7. 
A notarized statement by the applicant as to whether construction of the tower will accommodate additional antennas for future users.
8. 
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed tower.
9. 
A description of the feasible location(s) of future towers or antennas within the Township based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
i. 
Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Municipal Agency that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Municipal Agency related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
1. 
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
2. 
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
3. 
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
4. 
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
5. 
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
6. 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
7. 
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(a) 
Minimum Required Setback. The following setback requirements shall apply to all towers for which site plan approval is required:
(1) 
Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line, but in no event shall the tower be located in the minimum required yard area or buffer area of the zone district.
(2) 
Guys and accessory buildings must satisfy the minimum zoning district setback and buffer requirements.
j. 
Any new Telecommunication Carriers proposing new Telecommunication Facilities within the Township must provide an overall system layout plan for the entire Township. The plan must identify all of the required wireless pole locations, heights, and diameter.
1. 
All new wireless poles must be of a height to accommodate colocation with at least two other Telecommunication Carriers.
k. 
Minimum Separation Requirement Between Uses. The following separation requirements shall apply to all towers and antennas for which site plan approval is required:
1. 
Separation from Off-Site Uses/Designated Areas.
(a) 
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Subsection (b) below, except as otherwise provided.
(b) 
Towers shall maintain a separation distance of 200 feet or 300% of the tower height, whichever is greater, from residential dwelling units or from lands zoned for residential use.
2. 
Separation Distances Between Towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers or other proposed towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown below:
Table of Required Separation Distances between Towers
Lattice
Guyed
Monopole 75 Feet in Height or Greater
Monopole Less Than 75 Feet in Height
Lattice
5,000
5,000
1,500
900
Guyed
5,000
5,000
1,500
900
Monopole 75 feet in height or greater
1,500
1,500
1,500
900
Monopole less than 75 feet in height
900
900
900
900
l. 
Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device.
m. 
Landscaping. The following requirements shall govern the land surrounding towers for which site plan approval is required.
1. 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property.
2. 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
n. 
Buildings or Other Equipment Storage.
1. 
Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a) 
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height.
(b) 
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
2. 
Antennas Located on Towers, Utility Poles, or Light Poles. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the yard and buffer requirements of the zoning district in which located and shall be screened from view of all residential properties.
o. 
Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township of Ocean notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
p. 
Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this subsection.
q. 
Nothing contained in this subsection 21-51.33 shall be construed to apply to prohibit antennas or support structures by those licensed by the FCC pursuant to 47 CFR part 97 to operate amateur radio stations in accordance with the requirements of subsection 21-52.1.
r. 
Antennas and Towers Permitted on Township Property. Wireless telecommunications towers and antennas which are located on Township property and which are approved by the Township Council shall be deemed to be permitted as a municipal facility in any zone district. The Township Council shall consider criteria set forth in subsection 21-51.33 prior to approving the location of a tower or antennas on Township property.
s. 
Small Cell Facility Siting License. The following shall apply to applications for all Small Cell Facilities and Wireless Poles:
1. 
Any Telecommunications Carrier who desires to construct, install, operate, maintain, or otherwise locate Small Cell Facilities within the Township, including on any Public Right-of-Way, for the purpose of providing Telecommunications Services to persons and areas inside or outside the Township shall first obtain a siting license from the Township in accordance with this Section.
2. 
For purposes of this section, the construction, installation, operation, maintenance or location of Telecommunications Facilities includes the Colocation with any Telecommunications Facility.
3. 
A Telecommunications Carrier who is issued a siting license pursuant to this Section who wishes to add, supplement, or modify the Telecommunications Facility for which the siting license was previously granted shall be required to obtain a new siting license in accordance with the procedures established by this Section.
4. 
No application to construct a new wireless Telecommunication Service Facility shall be approved unless the applicant demonstrates to the reasonable satisfaction of the Township that no existing personal wireless Telecommunication Service Facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing personal wireless Telecommunication Service Facility can accommodate the applicant's proposed facility shall consist of one or more of the following:
(a) 
No existing Telecommunications Facilities are located within the geographic area required to meet the applicant's coverage demands.
(b) 
Existing Telecommunications Facilities are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height.
(c) 
Existing Telecommunications Facilities do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d) 
Existing Telecommunications Facilities do not have adequate space on which proposed equipment can be placed so it can function effectively and reasonably.
(e) 
The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing facility, or the antennas on the existing facility would cause interference with the applicant's proposed antenna.
(f) 
The applicant demonstrates that there are other compelling limiting factors, including but not limited to economic factors, that render existing facilities or structures unsuitable.
5. 
Upon approval of a siting license application, the siting license authorizing placement of a Small Wireless Facility in a public right-of-way shall not be issued by the Township Clerk to any Applicant unless:
(a) 
All siting license application fees and escrow fees, as established herein, have been paid; and
(b) 
All other governmental permits or other governmental approvals that are required for the deployment(s) proposed by the Applicant's siting license application under the New Jersey Uniform Construction Code Act, N.J.S.A. 52:27D-119, et seq., and the administrative regulations adopted thereunder, Chapter 382, Article V, Street Openings, of the Code of the Township of Ocean, and by any other applicable federal, state or municipal law have been issued by the appropriate issuing authority therefore to the Applicant and the Applicant has supplied copies of such other permits or approvals to the Township Clerk for inclusion with the Applicant's application documents; and
6. 
No siting license authorizing placement of a Small Wireless Facility in a public right-of-way shall be issued to any Applicant unless Township Council, in the manner prescribed by applicable laws of the State of New Jersey, has granted to the siting license Applicant its consent to use public rights-of-way within the Township. No siting of a Small Wireless Facility shall be permitted within 200 feet of another Small Wireless Facility unless it can be established by clear and convincing evidence that co-location on an existing or previously approved Small Wireless Facility is not feasible. Any claims of carriers of technical incompatibility or inability to collocate need to be proven by the carrier, not disproven by the Township. Responsibility for judging proof of said claims lies solely with the Township and/or or its chosen representative(s).
7. 
Siting License Term. The term of a siting license issued pursuant to this Section shall be no less than 24 months.
t. 
Small Cell Facility Siting License Application Process. Any person who desires a siting license pursuant to this section shall file an application with the Township Manager. The application shall include the following information:
1. 
The identity of the siting license applicant, including all affiliates of the applicant.
2. 
A description of the Telecommunications Services that are or will be offered or provided.
3. 
A description of the Telecommunications Facility(ies).
4. 
A description of the transmission medium that will be used by the siting licensee to offer or provide Telecommunications Services.
5. 
Preliminary engineering plans, a survey, specifications, and a network map of the Telecommunications Facility to be located within the Township, all in sufficient detail to identify:
(a) 
The location and route requested for applicant's proposed Telecommunications Facility.
(1) 
The location of all antennae, cells and nodes for applicant's proposed Telecommunications Facility.
(2) 
The location of all overhead and underground public utility, telecommunications, cable, water, sewer drainage and other facilities in the public way along the proposed route.
(3) 
The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove, relocate or alter.
(4) 
Telecommunications Facilities Providers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical Parameters of facilities, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances, there may be a need for expert review by a third party of the technical data submitted by the provider. The Township may require such a technical review to be paid for by the applicant for a Telecommunications Service Facility. The selection of the third-party expert may be by mutual agreement between the applicant and the Township or at the discretion of the Township, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific review of technical aspects of the Telecommunications Facilities and not a subjective review of the site selection. The expert review of the technical submission shall address the following:
(i) 
The accuracy and completeness of the submission;
(ii) 
The applicability of analysis techniques and methodologies;
(iii) 
The validity of conclusions reached; and
(iv) 
Any specific technical issues designated by the Township.
(5) 
A preliminary construction schedule and completion date.
(6) 
Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the telecommunications facilities.
(7) 
Information to establish the applicant's technical qualifications, experience and expertise regarding the Telecommunications Facilities and Telecommunications Services described in the application.
(8) 
Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the Telecommunications Facilities and to offer or provide the Telecommunications Services.
(9) 
Verification from an appropriate professional who will certify that the Telecommunications Facility meets the current standards and regulations of any agency of the federal or state government with the authority to regulate telecommunications facilities.
(10) 
Information to establish that the proposed telecommunications facility conforms to the requirements of the international building code and national electrical code, as applicable.
(11) 
Proof of notice pursuant to the requirements set forth below in paragraph z, "Notification for Telecommunication Facilities."
u. 
Determination by the Township Manager for Small Cell Facility Siting Licenses.
1. 
The Township shall review the application for a Small Wireless Facility siting license in light of its conformity with the provisions of this section, and shall approve a siting license on nondiscriminatory terms and conditions subject to the following requirements:
(a) 
Within 10 days of receiving an Application, the Township Clerk shall determine and notify the Applicant:
(1) 
Whether the Application is complete;
(2) 
If the Application is incomplete, what specific information is missing; and
(3) 
Whether the deployment of the Small Wireless Facilities as proposed requires the Applicant to apply for other permits, such as a street opening permit or construction permit, for which the Applicant has not yet applied. No Small Wireless Facility siting license application shall be deemed complete until the Applicant has applied for all other permits and approvals required by all other laws and regulations that are applicable to the Applicant's proposed Small Wireless Facility deployment.
(b) 
The Township shall make its final decision to approve or deny the Application within the following timeframes:
(1) 
Sixty days from the submission of a complete application to install a Small Wireless Facility upon one or more existing structures.
(2) 
Ninety days from the submission of a complete application to install a Small Wireless Facility upon one or more new structures.
(3) 
Ninety days from the submission of a complete batched application to install Small Wireless Facilities upon both existing and new structures.
The timeframes described above by which an application shall be either approved or denied may be extended by mutual consent of the Applicant and the Township. Such consent shall be set forth on a form for such purposes which shall be available from the Office of the Township Clerk. Such consent on behalf of the Township shall be exercised by the Mayor in his/her reasonable discretion.
(c) 
The Township Clerk shall notify the Applicant in writing of the final decision, and if the Application is denied, specify the basis for denial; and cite such specific provisions, as may be recommended by the Township Attorney, from federal, state, or local laws, administrative regulations or codes as to why the Application was denied.
(d) 
Notwithstanding an initial denial, the Applicant may cure any deficiencies identified by the Township within 30 days of the denial without paying an additional application fee, provided the Township Clerk shall approve or deny the revised application within 30 days of receipt of the amended application which shall be limited to the deficiencies specified in the original notice of denial.
(e) 
If the Township fails to act upon an application within the timeframes prescribed by this section, the Applicant may provide written notice to the Township that the application review and decision period has lapsed. Upon receipt of such notice, Township Council, by resolution adopted no later than its second regularly scheduled public meeting next following receipt of the notice, shall either deny the application or direct that the siting license shall be approved and issued. Nothing in this paragraph is intended in any way to impact any other right or remedy that may be available to the Applicant under applicable federal or state law if the Township fails to act upon an application within the timeframes prescribed by this section.
(f) 
A siting license from the Township authorizes an Applicant to undertake only certain activities in accordance with this ordinance. No approval or consent granted, or siting license issued, pursuant to this ordinance shall confer any exclusive right, privilege, license or franchise to occupy or use any public right-of-way within the Township of Ocean for the delivery of telecommunications services or for any other purpose.
v. 
Fees and Escrows for Small Cell Facility Siting Licenses.
1. 
An application for a siting license under this section shall be accompanied by a payment of a $500 fee.
2. 
Pursuant to N.J.S.A. § 54:30A-124, the Township shall recover reasonable professional fees for actual services incurred in the review of applications under this section. Applicant shall make a deposit in an escrow for professional fees in the amount of $1,000. If said escrow account contains insufficient funds to enable the Township to perform its review, the Chief Financial Officer shall provide the applicant a notice of insufficient balance. In order for review to continue, the applicant shall, within 15 days, post a deposit to the account in an amount to be mutually agreed upon.
w. 
Assignment or Transfers of Small Cell Facility Siting Licenses. Ownership or control of a siting license issued pursuant to this Section may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the Township as expressed by resolution.
x. 
General Indemnification of Township in Connection with Small Cell Facility Siting Licenses; Township Use.
Each siting license grantee shall indemnify and hold the Township and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its Telecommunications Facilities, and in providing or offering Telecommunications Services over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this Chapter or by a grant agreement made or entered into pursuant to this Chapter.
An Applicant whose siting license includes the installation of any new Smart Pole structure of any of the types that are defined in in § 21-5 or § 21-6 shall provide the Township with access to any of the technological features that are a component the new Smart Pole structure such as, for example, public access Wi-Fi, 911 call service or security cameras, before the Applicant offers such access to any other person or entity. Should the Township decide to utilize any such technological features then the Township, on an annual basis, shall reimburse the Applicant or the subsequent owner of the structure, the costs, on a dollar-for-dollar basis, of providing the Township with such access. Such costs shall be limited to the costs of providing electricity to the components used by the Township and the costs of any repairs required to be made to the components used by the Township, unless the repair costs are necessitated by the acts of the Applicant or subsequent owner of the structure, without regard to whether such acts are negligent or intentional.
y. 
Revocation or Termination of Small Cell Facility Siting Licenses.
1. 
The Township may revoke a siting license granted under this Chapter for the following reasons:
(a) 
Construction or operation without a siting license.
(b) 
Construction or operation at an unauthorized location.
(c) 
Unauthorized substantial transfer of control of the grantee.
(d) 
Unauthorized assignment of a siting license.
(e) 
Unauthorized sale, assignment or transfer of grantee's assets, or a substantial interest therein.
(f) 
Misrepresentation or lack of candor by or on behalf of a grantee in any application to the Township.
(g) 
Abandonment of the Telecommunications Facility. A Telecommunications Facility shall be deemed "abandoned" if it is either disconnected from power service or unused for greater than six months. Abandoned Telecommunications Facilities shall be removed by the owner. Should the owner fail to remove the Telecommunications Facility, the Township may do so at its option, and the costs thereof shall be a charge against the owner.
(h) 
Insolvency or bankruptcy of the grantee.
(i) 
Material violation of the Township's Revised General Ordinances.
2. 
In the event that the Township believes that grounds exist for revocation of a siting license, it shall give the grantee written notice of the apparent violation or noncompliance, providing a statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time not exceeding 30 days to furnish evidence:
(a) 
That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; and
(b) 
That rebuts the alleged violation or noncompliance; and
(c) 
That it would be in the public interest to impose some penalty or sanction less than revocation.
3. 
The Township shall consider the apparent violation or noncompliance in a public meeting, with respect to which the grantee shall be given notice and a reasonable opportunity to be heard concerning the matter.
z. 
Notification Required by Telecommunications Facility Providers.
1. 
Any Telecommunications Carrier who desires to change existing use, construct, install, operate, maintain, or otherwise locate a Telecommunications Facility in the Township shall provide notice to property owners certified by the Township Administrator to be within 500 feet of the proposed Telecommunications Facility.
2. 
Notice shall be given to a property owner by:
(a) 
Serving a copy thereof on the property owner as shown on the current certified tax list, or his or her agent in charge of the property; or
(b) 
Mailing a copy thereof by certified mail and regular mail to the property owner at the address as shown on the said current certified tax list, and service by mailing shall be deemed complete upon deposit with the U.S. Postal Service; and
Notice pursuant to this section shall state the identity of the Telecommunications Carrier; a description of the Telecommunications Services that are or will be offered or provided; a description of the location(s) of any Telecommunications Facilities; and a description of the Telecommunications Facilities to be installed and the location of the Telecommunications Facilities. The notice shall also advise that a copy of the applicant's application is on file with the Township Manager and may be reviewed by the public.
3. 
Such other and further information as may be required by the Township Manager.
4. 
In the case of an application that seeks to construct, install, operate, maintain, or otherwise locate a Telecommunications Facility or equipment on any property owned or controlled by the County - including, but not limited to, a County right-of-way - the applicant shall also provide notice to and obtain a permit from the County authorizing the placement of such Telecommunications Facility on any such property or right-of-way.
aa. 
Routine Maintenance and Replacement.
A Small Wireless Facility siting license shall not be required for:
1. 
Routine maintenance of a Small Wireless Facility.
2. 
The replacement of a Small Wireless Facility with another Small Wireless Facility that is substantially similar or smaller in size, weight and height to the Small Wireless Facility that is being replaced.
3. 
Provided, however, that on a location where the Township and/or another provider has placed equipment or facilities, any routine maintenance or replacement that is done shall not occur until written authorization from the Township and/or the other provider, as the case may be, to proceed is provided to the Township, which authorization to proceed shall not unreasonably be withheld by the Township and/or the other provider.
4. 
Provided further that if the replacement of a Small Wireless Facility with another Small Wireless Facility includes replacement of the structure to which the Small Wireless Facility is attached then an application for a siting license shall be required.
bb. 
Land Use Ordinance Not Superseded. The requirements of this Chapter shall be in addition to, and shall not be in lieu of, any requirements imposed by the Township's Land Use and Development Ordinance. If the Land Use and Development Ordinance requires site plan approval, or the approval of any variances from the Township Planning and Zoning Board, the applicant shall be required to secure any approvals and/or variances following the grant of a siting license under this Chapter. A Planning and Zoning Board application for the construction, installation, or location for Telecommunications Facilities shall not be deemed complete until a siting license under this Chapter is granted by the Township.
cc. 
Severability. If any section or provision of this section shall be held invalid in any court of competent jurisdiction, the same shall not affect the other sections or provisions of this section, except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.
[Added 11-4-1998 by Ord. No. 1814]
a. 
Indoor and outdoor recreational facilities may include facilities for: indoor field and court sports such as tennis, basketball, soccer, roller hockey and ice skating; and outdoor field sports, court sports, swimming and similar recreational activities. Accessory uses such as spectator seating, a pro-shop, locker rooms, management offices, and other accessory uses clearly incidental to the recreational uses in the facility are also permitted. An indoor snack bar may also be permitted provided the Board finds the use to be clearly incidental to the indoor recreational facilities.
b. 
Setback requirements for outdoor recreational facilities and fields: 20 feet from any property line except that all outdoor recreational facilities and fields shall be located a minimum of 100 feet from any property line which abuts a residential zone and all hard surface court sports and swimming pools shall be located a minimum of 250 feet from any property line which abuts a residential zone.
c. 
Minimum gross floor area: 5,000 square feet.
d. 
Minimum buffer along residentially zoned property: 100 feet. The required buffer shall include a minimum area 50 feet wide which is heavily planted, including a single row of deciduous shade trees planted 25 feet on centers, and a double row of evergreen trees a minimum of six feet in height and spaced a minimum of 10 feet on centers. The balance of the required 100-foot buffer area may include improvements necessary for public health, safety and welfare such as emergency access drives, but shall not include any fields or active recreation areas, bleachers, benches, fencing over six feet in height, or similar amenities which are normally associated with recreational facilities.
e. 
There shall be no lighting of any outdoor recreational facilities which are located within 400 feet of any residentially zoned property.
f. 
Parking shall be permitted in any required yard but in no case shall it be closer than 100 feet to any residentially zoned property.
[Added 8-4-1999 by Ord. No. 1832, amended 3-15-2000 by Ord. No. 1850]
a. 
The site shall be located in an area which is designated for general office use in the Master Plan.
b. 
Bulk Requirements.
[Amended 11-18-2001 by Ord. No. 1902]
Minimum lot area
2 acres
Minimum rear yard setback
105 feet from Deal Road and Poplar Place 85 feet from Poplar Road
Minimum side yard setback
30 feet
Minimum rear yard setback
30 feet
Maximum lot coverage
10%
Maximum floor area ration
16%
Maximum building height
30 feet
Maximum stories above grade
2
c. 
The architecture of the proposed buildings shall be consistent with or complementary to the architecture of the existing office building in this area. Buildings shall have peaked roofs and shall be of colonial or similar style. Facade treatment shall consist of clapboard or similar vinyl siding, and/or of red colonial style brick. Windows shall be colonial in style with small panes, shutters or similar treatments. Modern style buildings with flat roofs, sharp angles, large single pane windows and similar features shall be prohibited.
d. 
Signage shall be limited to one free-standing "monument" style sign per street frontage up to a maximum of two free-standing signs, and one facade sign per street frontage up to a maximum of two facade signs, subject to the following:
1. 
The free-standing signs shall be of wood or identical appearing construction, and shall be illuminated by exterior lights which are ground mounted and screened from the street by evergreen shrubs. The area of one side of the free standing sign shall be limited to 60 square feet, and maximum height shall be 10 feet. The sign must be set back a minimum of 15 feet from the front street right-of-way line. Sign orientation shall be at the discretion of the applicant.
2. 
Facade signs shall be of wood or identical appearing construction, and shall not be illuminated. The congregate area of facade signs shall not be more than 100 square feet, and no individual facade sign shall be more than 75 square feet in area.
3. 
The color of all signs shall complement the architecture and color of the building, and no sign shall have more than three colors (including black and white) nor shall any sign have bright "fluorescent", "neon" or "electric" types of colors."
[Amended 2-2-2000 by Ord. No. 1848, 1-10-2001 by Ord. No. 1876, 11-18-2001 by Ord. No. 1902]
e. 
Direct access to and from Poplar Road and Deal Road shall be prohibited
[Added 8-4-1999 by Ord. No. 1832, amended 1-5-2000 by Ord. No. 1844, 11-18-2001 by Ord. No. 1902]
[Added 9-15-1999 by Ord. No. 1833]
a. 
Minimum Bulk Requirements.
1. 
Minimum lot area 2.5 acres.
2. 
Minimum lot width 200 feet.
3. 
Minimum lot depth 200 feet.
b. 
No automotive sales or rental shall occur on the site, except for the issue of "loaner" cars to clientele who are having automobiles serviced on site.
c. 
Inventory storage shall be screened from view from any street by a solid architectural fence. Sufficient landscaping to enhance the screening shall also be provided where possible. Inventory parking spaces need not be defined by striping.
d. 
In order to accommodate inventory storage, the minimum required Landscaped Area for the entire site may be reduced by 1% of the total lot area for each percent of the total lot area which is used for inventory storage, except that the total landscaped area of the site shall be no less than 12% of the total lot area.
e. 
A total of no more than two overhead doors which face any front yard or yards shall be permitted.
[Added 11-3-1999 by Ord. No. 1837, amended 5-3-2000 by Ord. No. 1855, 8-9-2000 by Ord. No. 1862]
a. 
Bulk Requirements.
Minimum lot area
15 acres
Minimum building setbacks
Front yard 50 feet to any portion of the front building facade and 35 feet to any front projection such as a portico or covered walkway
Side and rear yard 25 feet
Maximum density
6 dwelling units per gross acre
Maximum building height
50 feet
Maximum stories above grade
- 3 as living space plus 1 for ground or partially subterranean parking
Minimum unit area
Studio
380 square feet
One bedroom
535 square feet
Two bedroom
795 square feet
b. 
No unit shall have more than two bedrooms.
c. 
Each unit shall have a kitchen or kitchenette in addition to a minimum of one private bathroom.
d. 
Transportation amenities, including bus transportation for shopping and non-emergency medical appointments, shall be provided. This service may be provided through the internal management organization or through a contract with a private or public agency. The facility may impose a user fee for needs of an individual in excess of two trips per week per unit.
e. 
Additional amenities including dining, recreation activities, and housekeeping shall be provided and shall be for the exclusive use of residents and their guests. However, the residents shall be surveyed at least one time per calendar year relative to the desire to receive dining service. The provision of the dining service shall be optional if less than 50% of the residents elect to receive this service. The facility may impose a separate fee for providing dining and/or housekeeping services.
f. 
A small retail convenience area not to exceed 300 square feet in area, and a beauty parlor/barber shop not to exceed 400 square feet in area may be provided for the exclusive use of residents and their guests.
[Added 10-4-2000 by Ord. No. 1866]
a. 
Limited truck rental shall be permitted as a part of any single retail use which has a gross floor area exceeding 100,000 square feet.
b. 
Truck rentals shall be solely for the convenience of the customers and solely for the purpose of transporting items purchased at the subject store.
c. 
Trucks shall be parked only in specific truck parking spaces which are designated on an approved site plan.
d. 
No more than three such trucks shall be permitted for any business.
[Added 1-10-2001 by Ord. No. 1879]
a. 
The site shall be adjacent to a minimum 10 acre site located in the C-3 Zone, and shall be merged with and developed as an integral part of that adjacent site.
b. 
Uses permitted shall be any use which is permitted in the C-3 Zone and building materials and supplies, home improvement establishment or hardware store; garden and nursery supplies and equipment.
c. 
Specific requirements for building materials and supplies, home improvement establishment or hardware store; garden and nursery supplies and equipment are as follows:
1. 
Only retail sales shall be permitted.
2. 
The facility entirely contained within a building.
3. 
Parking shall be provided at a rate of five spaces per 1,000 square feet.
d. 
Outdoor storage of inventory, and outdoor display or storage of materials for sale shall be prohibited, except as approved by the Municipal Agency as a part of an approved site plan.
e. 
Architectural control over the building to be exercised by the Planning Board.
f. 
All other requirements shall be as required in the C-3 Zone.
[Added 10-4-2000 by Ord. No. 1866]
a. 
The site shall not have frontage on N.J. Route 35.
b. 
Bulk standards shall be as follows:
1. 
Minimum lot size: 3.5 acres.
2. 
Minimum lot width: 250 feet.
3. 
Minimum lot depth: 200 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.): 50 feet.
5. 
Minimum rear yard setback: 75 feet.
6. 
Minimum side yard setback: 50 feet.
7. 
Maximum lot coverage: 35% of buildable lot area.
8. 
Maximum floor area ratio: 25% of total lot area.
9. 
Minimum gross floor area: 10,000 square feet.
10. 
Maximum building height: 40 feet.
11. 
Maximum distance between buildings. More than one principal building on a lot shall provide a minimum open unoccupied area between buildings equal to the height of the adjoining building or buildings but not less than 15 feet.
c. 
A minimum twenty-five-foot wide landscaped area, providing a substantial visual screen, shall be provided between any warehouse use and a regional shopping center site.
[Added 4-25-2001 by Ord. No. 1888]
a. 
Automotive gasoline station shall be permitted within any planned commercial development in a C-4 Zone, and shall be ancillary use to a principal use of over 100,000 square feet within the regional shopping center. The automotive gasoline station shall be located adjacent the principal use with which is it associated.
b. 
There shall be no access to or from an automotive gasoline station from the ring road or other major roads accessing the regional shopping center. All access shall be from internal drives.
c. 
Signs.
1. 
Free-Standing Signs.
(a) 
Automotive gasoline stations shall be permitted one free-standing or one pylon sign. Such sign may advertise: the name of the automotive station; the principal products sold on the premises including any special company or brand names, insignia, and emblem; and the price of gasoline. Such sign shall not exceed 50 square feet in area.
(b) 
All signs shall comply with the chapter requirement for setback from a property line and shall be not less than 10 feet nor more than 20 feet above the ground.
2. 
Facade Sign. One facade sign shall be permitted and shall not exceed 8% of the area of the facade on which it is located.
3. 
Canopy Signs. Signs shall be permitted on up to two sides of a canopy, for the purpose of advertising the name of the gasoline company only, provided that the sign does not occupy more than 1/4 of the length of the face of the canopy on which it is located and does not extend above or below the face of the canopy.
4. 
Other. Other signs that may be required by State and Federal law shall be allowed.
d. 
Canopies. A cantilevered cover or canopy may be permitted, and shall be no closer than 20 feet to the ring road.
e. 
The retail sale of food and other non-automotive related items, including vending machines, is prohibited.
f. 
Accessory Buildings and Uses.
1. 
Accessory buildings except for mechanical enclosures, rest rooms, and attendant kiosk directly associated with the operation of the automotive gasoline station, shall not be permitted. The maximum size of any accessory building shall be 300 square feet.
[Amended 11-13-2002 by Ord. No. 1943]
2. 
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises shall be prohibited.
3. 
The storage of cars, trucks, trailers, boats or any other vehicle shall be prohibited.
g. 
Trash and Garbage. A solid enclosed area shall be provided for the temporary storage of trash and recyclable items. The enclosed area shall be so designed that the trash shall not be seen from public view, and shall be screened with landscaping on three sides.
h. 
A landscape plan shall be required. Landscaping shall be provided around the perimeter of the automotive gasoline station, and on any interior islands which are not covered by the canopy. The landscaping shall be consistent with the landscaping within the remainder of the regional shopping center.
[Added 8-14-2002 by Ord. No. 1936]
a. 
Minimum lot area: 50 acres.
b. 
A golf course/country club may include other facilities, buildings and activities which are customarily associated with a golf course/country club, including pro shops; offices for the administration of the facility only; dining/banquet facilities; maintenance garages and sheds; residential facilities for year round and seasonal staff; and accessory recreational facilities such as court sports. Swimming pools shall be specifically prohibited.
c. 
Bulk Requirements.
1. 
Principal buildings including clubhouses, staff residential facilities, and dining/banquet facilities.
Minimum building setback
200 feet from any property line
Maximum building height
35 feet
Maximum stories above grade
2
2. 
Accessory buildings including maintenance buildings, garages and storage sheds.
Minimum building setback
50 feet from any street 100 feet, but not less than the longest horizontal dimension of the building from any adjacent side or rear property line, except that a building may be located closer to a property line bounded by a lake or pond provided the building is screened from view from the lake or pond. Buildings existing as of January 1, 2002 which are located less than 100 feet from a side or rear lot line shall not be subject to this requirement but shall not be expanded. The burden of proof shall be on the applicant to demonstrate that the building existed prior to January 1, 2002.
Maximum building height
20 feet
Maximum stories above grad
2
3. 
Parking areas.
Minimum setback
50 feet from any property line
4. 
Active accessory recreational facilities but not including golf tees, fairways, practice driving areas, and greens.
Minimum setback
200 feet from any property line. Buildings existing as of January 1, 2002 which are located less than 100 feet from a side or rear lot line shall not be subject to this requirement, but shall not be expanded. The burden of proof shall be on the applicant to demonstrate that the building existed prior to January 1, 2002.
d. 
A golf course or country club may provide residential facilities for year round and seasonal on-site staff members and immediate family as follows:
Year round staff members and immediate family: two persons per 10 acres of land up to a maximum of 20 persons.
Additional seasonal staff members and immediate family between May 1 and October 30: one person per 10 acres of land up to a maximum of 10 persons.
[Added 4-14-2008 by Ord. No. 2093]
a. 
The use shall be a mixed use consisting of retail commercial and/or office use and self-storage. The square footage of retail and/or office uses must equal a minimum of 10% of the lot area.
b. 
The retail commercial or office use shall be located at the front of the building and any facade facing a street shall give the appearance of being a retail commercial or office use. The sides of the building shall also give the appearance of being a retail commercial or office use for a depth of 75 feet from any front facade of the building.
c. 
No more than one building shall be permitted on a site.
d. 
Bulk Requirements.
1. 
Maximum building coverage: 50%.
2. 
Maximum floor area ratio: 85% total; 15% for retail/office use.
3. 
Minimum front yard setback: 100 feet.
4. 
Minimum side yard setback: 25 feet.
5. 
Maximum building height: 35 feet.
[Added 4-14-2008 by Ord. No. 2093]
a. 
The use shall consist only of fabrication and/or assembly of light machinery or products and accessory storage/warehousing and office use. Wholesale (business to business) sale of products may occur, but no retail sales to the general public shall be permitted. No manufacturing of parts shall occur on site and no chemical processing or emission of environmental pollutants into the environment shall occur.
b. 
Site access is provided only from Doris Avenue, and in no case should access be provided through residential neighborhoods.
c. 
A minimum seventy-five-foot landscaped buffer should be provided to all adjacent residentially zoned or developed areas.
d. 
Bulk requirements.
1. 
Minimum lot size: 25,000 square feet.
2. 
Minimum lot width: 140 feet.
3. 
Minimum lot depth: 100 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.): 35 feet from any other street.
5. 
Minimum rear yard setback: 20 feet.
6. 
Minimum side yard setback: 20 feet one side.
7. 
Maximum lot coverage: 70% of buildable lot area.
8. 
Maximum floor area ratio : 65% of total lot area.
9. 
Minimum gross floor area: 3,500 square feet.
10. 
Maximum building height: 35 feet.
[Added 2-11-2009 by Ord. No. 2123 as Affordable Apartment Flats in the AR-31 PRD Zone, repealed 10-15-2015 by Ord. No. 2249]
[Added 10-13-2016 by Ord. No. 2279]
a. 
Requirements for Adult Parochial Schools in the I-1 and O-1/80 Zones.
1. 
Bulk Requirements for Adult Parochial Schools and Adult Parochial Boarding Schools.
Minimum lot size
2 acres
Minimum lot width
200 feet
Minimum lot depth
200 feet
Minimum front yard setback (measured from the future street R.O.W.)
50 feet
Minimum rear yard setback
75 feet
Where the use abuts a lot in a single family residential zone, a rear yard of 100 feet shall be required
Minimum side yard setback
50 feet
Where the use abuts a lot in a residential zone, a side yard of 100 feet shall be required
Maximum lot coverage
27% of buildable lot area
Maximum floor area ratio
30% of total lot area
Maximum building height
3 stories above grade or 35 feet, whichever is less
Maximum floor area ratio
30%
2. 
Where driveways and parking areas are adjacent to a vacant or residential property in a residential zone, a buffer strip with a width equal to five feet for every acre of land, rounded to the nearest acre, shall be provided along all side and rear lot lines except as follows:
The required buffer on each side yard may be reduced to 20% of the distance between side lot lines at any point where the buffer width, as required above, exceeds 20% of the distance between side lot lines at that point;
The required buffer on rear yards may be reduced to 20% of the distance between front and rear lot lines at any point where the buffer width, as required above, exceeds 20% of the distance between the front and rear lot lines at that point;
Regardless of the above, the minimum required buffer shall be not less than 50 feet and the maximum required buffer shall be no more than 100 feet.
3. 
Additional Requirements for Adult Parochial Boarding Schools in the I-1 and O-1/80 Zones.
(a) 
The number of adult parochial boarding students and staff permitted to remain on the site between the hours of 12:00 a.m. (midnight) and 6:00 a.m. shall be determined by the size of the property minus any required buffers. The maximum number of persons shall be limited to no more than 25 persons per acre of property minus required buffers.
(b) 
Adult parochial boarding students shall be 17 years of age or older at the start of the academic or program year.
(c) 
There shall be no outdoor lighting of playfields or recreation areas both active and passive after dusk, except that lighting shall be permitted for security purposes only, and shall be limited to that lighting which is specifically permitted by the reviewing Municipal Agency, and is shown on an approved site plan.
(d) 
One parking space for each student and staff member based on the maxi-mum number permitted on site at any one time is required. The Municipal Agency may, at its discretion, allow the green banking of parking spaces based on the requirements of a particular application. The greenbanked spaces shall be engineered on the approved plans. Further, should the Zoning Officer of the Town-ship of Ocean determine at any time that the spaces are required, they shall be constructed within 60 days of notice.
[Added 10-13-2016 by Ord. No. 2282; 2-27-2020 by Ord. No. 2333; amended 9-14-2023 by Ord. No. 2432]
a. 
Mixed Use Inclusionary Development shall consist of a mix of commercial and residential uses (both market-rate and affordable dwellings) in the same building subject to the following restrictions.
1. 
Properties shall have adequate frontage as required in subsection 21-51.47b2 below on Norwood Ave.
2. 
Commercial uses shall be limited to those uses otherwise permitted in the C-1 Zone (subsection 21-35.1a) and shall be limited to the first floor of the building. All portions of the building fronting on a public street shall be occupied by commercial uses or for common space including access to the residential uses in the building.
3. 
Residential uses shall consist of one, two and three bedroom dwellings, which may be in the form of flats or multi-level units. Residential units may occupy portions of the first floor of the building, but in no case shall a residential unit occupy any portion of the first floor within 20 feet of any portion of the building facade that faces a public street. Stairs and common space including access to residential uses shall not be considered part of a residential unit.
4. 
Affordable housing is required to be provided. At least 20% of the total number of dwellings shall be affordable to very-low-, low- and moderate-income households in accordance with the Uniform Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., and the affordable housing regulations of the Township of Ocean (Article III, § 21-9A, Affordable Housing Development Fees, and § 21-9B, Affordable Housing), with the exceptions noted in paragraph a4, below. A fractional unit shall be addressed through the payment of an in-lieu contribution to the Township's Affordable Housing Trust Fund at Article III, § 21-9A.
5. 
A minimum of 53% of the affordable units provided must be affordable to families making no more than 50% of regional median income by household size, including at least 13% that must be affordable to families making 30% or less of the regional income by household size pursuant to the amended Fair Housing Act ("FHA") at N.J.S.A. 52:27D-329.1. The remaining 47% may be made available to families making less than 80% of regional median income by household size.
b. 
Bulk requirements.
1. 
Minimum lot size: 40,000 square feet.
2. 
Minimum lot frontage: 200 feet.
3. 
Minimum lot depth: 200 feet.
4. 
Minimum front yard setback (measured from the future R.O.W.): five feet.
5. 
Minimum side yard setback: zero feet.
In order to encourage an end product which provides parking, access, and architectural continuity even where development occurs piece-meal and with diverse ownership, buildings may be attached and may be built to the interior side lines in order to be attached. The minimum distance between structures, if not attached, shall be 15 feet whether on the same lot or an adjacent lot. Attached buildings may include two walls which must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate easements and plans showing properly located loading spaces and trash receptacles with permitted access across adjacent properties. If the property abuts a residential zone, the building shall be set back a distance of 25 feet from the residential zone.
6. 
Minimum rear yard setback: 10 feet.
If the property abuts a residential zone, the building shall be set back a distance of 25 feet from the residential zone.
7. 
Maximum floor area ratio: 2.5.
8. 
Maximum building height: 40 feet**.
Note: ** Architectural elements including parapets and chimneys, as well as screening elements that are required to hide other rooftop equipment, may exceed the 40 feet height requirement provided that these elements do not extend more than six feet above the roof height and do not occupy more than 10% of the roof area of the building. Elevator towers and stair towers may exceed the 40 feet height requirement provided that these elements do not exceed 12 feet above the roof height and do not occupy more of the roof area than is necessary to provide the function to which they are intended. Furthermore, screening elements shall be required to hide rooftop equipment and, excluding parapets, shall be set back from the edge of the roof a minimum of three feet for every one foot in height of the screening element.
9. 
Maximum stories above grade: three.
10. 
Maximum building coverage: NA.
11. 
Minimum landscaped area: 10% of total lot area.
c. 
Residential Density Requirements.
1. 
Maximum residential density shall not exceed 25 units per acre.
2. 
A minimum of 15% of the apartments shall be-one bedroom apartments. A minimum of 20% of the units shall be two bedroom apartments. For this requirement, fractions less than 0.5 units shall be rounded down. (For example, if 15% of units totals 6.2 units, the required number of units would be 6.)
d. 
Parking Requirements.
1. 
One and Two bedroom apartments: 1.25 spaces per dwelling unit; three bedroom apartments: 1.75 spaces per unit - up to 0.5 spaces per unit may be provided on-street allowing 22 feet per parking space as per subsection 21-45.5c of this chapter.
2. 
One space per 200 square feet of retail space excluding common area.
[Adopted 1-8-1992 by Ord. No. 1564, amended 8-21-1996 by Ord. No. 1746, 9-25-2002 by Ord. No. 1939]
The height limitations of this chapter shall not apply to church spires, clock towers, belfries, and cupolas. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve, or, in the opinion of the Construction Code Official and Zoning Officer, the height of the proposed structure is complimentary to the architecture of the overall building or buildings. In addition, no advertising, corporate logos or color schemes or similar signage will be permitted. Mechanical appurtenances such as air conditioning or heating units and elevators shall not exceed the height limit of more than six feet and shall be screened in a manner which is architecturally compatible with the building. The provisions of the chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornamental purposes to screen mechanical appurtenances. Building mounted antennas shall not exceed the height limits by more than 10 feet. Ground based antennas shall conform to the height requirements of an accessory structure.
[Adopted 1-8-1992 by Ord. No. 1564]
a. 
Improvements or additions may be made to single-family dwellings in districts, where permitted, without Municipal Agency approval, provided the improvement or addition does not encroach on any front, rear or side yard setback requirements and meets all other provisions of this chapter. A building permit must be obtained.
b. 
Where the owner of a lot of substandard size owns adjacent lots or parcels of land, such lots or parcels shall be considered as a single lot and the area and yard space provisions of this chapter shall hold.
[Adopted 1-8-1992 by Ord. No. 1564]
Within the districts established by this chapter, or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, unless to make such use or structure conform to minimum safe building standards.
[Adopted 1-8-1992 by Ord. No. 1564]
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land, shall not be extended or enlarged after passage of this chapter by the attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
[Adopted 1-8-1992 by Ord. No. 1564]
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner according to architectural and engineering design, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction provided that work shall be diligently carried on until completion of the building involved.
[Adopted 1-8-1992 by Ord. No. 1564]
Structures that are nonconforming according to this chapter may be continued so long as they remain otherwise lawful. Nonconforming structures and their use shall not be enlarged, expanded or altered except to become more in conformity with this chapter. Any replacement of a nonconforming structure or use shall conform to this chapter. Any nonconforming structures partially destroyed may be restored or repaired, but only to the extent of the previous nonconformity. Change from one nonconforming use to another shall not be allowed, except by approval of the Board of Adjustment. No structure or use shall be reestablished after abandonment for 12 consecutive months and shall be so adjudged when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within the twelve-month period from the date of cessation or discontinuance.
[Adopted 1-8-1992 by Ord. No. 1564]
No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
[Adopted 1-8-1992 by Ord. No. 1564]
On any building devoted in whole or in part to any nonconforming use, repairs and maintenance may be made. Said repairs shall be limited to routine or ordinary repairs. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof of any building which is a valid nonconforming structure, which has been declared unsafe by the Construction Official.
[Added 12-24-2000 by Ord. No. 1873]
The setback and lot coverage limitations of this chapter shall not apply to canopies located over doorways if the following conditions are met:
a. 
The canopy may not extend more than five feet from the face of the building.
b. 
The canopy may extend no more than 18 inches beyond each side of the doorway.
c. 
In no case may the canopy be closer than five feet to any property line.
d. 
No signage, letters, numbers, or graphics may appear on the canopy other than the street address number.
[Added 6-9-2022 by Ord. No. 2387]
The purpose of this section is to promote the use of solar energy and to provide for the installation and construction of solar energy systems in the Township of Ocean, subject to reasonable restrictions, which will preserve the public health, safety and welfare, while also maintaining the character of the Township and avoid significant impacts to protected resources such as important agricultural lands, endangered species, high value biological habitats and other protected resources.
[Added 6-9-2022 by Ord. No. 2387]
a. 
Solar energy systems that may be mounted on the building or on the ground and are not the primary use of the property, shall be allowed in any zoning district and may be installed upon receipt of the necessary construction, electrical and/or mechanical permit(s). This section applies to solar energy systems to be installed and constructed for residential or commercial use.
[Added 6-9-2022 by Ord. No. 2387]
As used in this section, the following terms shall have the meanings indicated:
SOLAR ENERGY SYSTEM
Any solar collector of other solar energy device, or any structure or design feature, mounted on a building or on the ground, and whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity. "Solar energy" means radiant energy (direct, diffuse and reflected) received from the sun.
[Added 6-9-2022 by Ord. No. 2387]
a. 
This section applies to solar energy systems to be installed and constructed after the effective date of the section, and all applications for solar energy systems on existing structures or property.
b. 
Solar energy systems constructed prior to the effective date of this section shall not be required to meet the requirements of this section.
c. 
Changes that materially alter the size or placement of an existing solar energy system shall comply with the provisions of the chapter.
[Added 6-9-2022 by Ord. No. 2387]
a. 
To the extent applicable, the solar energy system shall comply with the most recent adopted International Building Code, International Residential Building Code and the National Electrical Code as adopted by the New Jersey Division of Codes and Standards and all other Codes and Standards as applicable.
b. 
The design of the solar energy system shall conform to applicable industry standards.
[Added 6-9-2022 by Ord. No. 2387]
a. 
On existing construction a solar energy system may be installed as long as it meets the requirements of this chapter and all other applicable construction codes.
b. 
Ground-mounted Solar Energy System.
1. 
The solar energy system must comply with all setback and height requirements for the zoning district in which the property where the solar energy system is to be installed is located.
2. 
All exterior electrical and/or plumbing lines must be buried below the surface of the ground and be placed in conduit.
3. 
A ground-mounted solar energy system must comply with the accessory structure restrictions contained in the zoning jurisdiction where the ground-mounted solar energy system is to be located.
c. 
Roof-mounted Solar Energy System.
1. 
A solar energy system shall conform to the height regulations of the zoning district in which the property where the solar energy system is to be installed is located.
[Added 6-9-2022 by Ord. No. 2389]
The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the State's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:
a. 
Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.
b. 
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
c. 
Provide the opportunity or non-residential uses to supply EVSE to their customers and employees.
d. 
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and setting for convenience of service to those that use electric vehicles.
[Added 6-9-2022 by Ord. No. 2389]
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (c. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
a. 
Level 1 Operates on a 15 to 20 amp breaker on a 120 volt AC circuit.
b. 
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.
c. 
Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT OR (EVSE)
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
MAKE-READY PARKING SPACE
Means the pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make-Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (c. 48:25-1 et al.).
PRIVATE EVSE
EVSE that has restricted access to specific users (e.g. single and two-family homes, executive parking fleet parking with no access to the general public).
PUBLICLY-ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).
[Added 6-9-2022 by Ord. No. 2389]
a. 
An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
b. 
EVSE and Make-Ready Parking Spaces installed pursuant to § 21-53B.4 below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph a above.
c. 
All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
d. 
The Zoning Officer shall enforce all signage and installation requirements described in this ordinance. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Township of Ocean's land use regulations.
e. 
An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to C. 40:55D-1 et seq. or any other law, rule or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
1. 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
2. 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
3. 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (c. 52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.
f. 
An application pursuant to paragraph e above shall be deemed complete if:
1. 
The application, including the permit fee and all necessary documentation, is determined to be complete,
2. 
A notice of incompleteness is not provided within 20 days after the filing of the application, or
3. 
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
g. 
EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
h. 
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
[Added 6-9-2022 by Ord. No. 2389]
a. 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
1. 
Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of Make-Ready parking spaces;
2. 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in n additional one-third of the original 15% of Make-Ready parking spaces; and
3. 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of Make-Ready parking spaces.
4. 
Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
5. 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
b. 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in paragraph a above shall:
1. 
Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.
2. 
Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.
3. 
Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.
4. 
Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
5. 
Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
6. 
In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
7. 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
8. 
Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.
[Added 6-9-2022 by Ord. No. 2389]
a. 
All parking spaces a=with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter 21, Land Development Ordinance.
b. 
A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
c. 
All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.
d. 
Additional installation of EVSE and Make-Ready parking spaces above what is required in § 21-53B.4 above may be encouraged, but shall not be required in development projects.
[Added 6-9-2022 by Ord. No. 2389]
a. 
Location and layout of EVSE and Make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
b. 
Installation:
1. 
Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
2. 
Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces that were part of an application that received prior site plan approval.
3. 
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make-Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
4. 
Each ECSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
c. 
EVSE Parking:
1. 
Publicly-accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
2. 
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
3. 
Public Parking. Pursuant to NJSA 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to a fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Section 5. below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
4. 
Private Parking. The use of EVSE shall be monitored by the property owner or designee.
d. 
Safety.
1. 
Each publicly-accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to paragraph e below.
2. 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Township of Ocean's ordinances and regulations.
3. 
Adequate EVSE protection such as concrete-filled bollards shall be used for publicly-accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
4. 
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in e. below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
5. 
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable management, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configure so that they do not cross a driveway, sidewalk, or passenger unloading area.
6. 
Where EVSE is provided within a pedestrian circulation are, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
7. 
Publicly-accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Township of Ocean shall require the owners/designee of publicly-accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
e. 
Signs.
1. 
Publicly-accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is the discretion of the owner.
2. 
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control devices as published by the Federal Highway Administration.
3. 
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with paragraph 2 above.
4. 
In addition to the signage described above, the following information shall be available on the EVSE or posted at adjacent to all publicly-accessible EVSE parking spaces:
(a) 
Hour of operations and/or time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
(b) 
Usage fees and parking fees, if applicable; and
(c) 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.